ラグジュアリーサンリーフセーリングカタマラン 70フィート

GENERAL TERMS & CONDITIONS FOR YACHT CHARTER The Purpose These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessel - yacht charter. Contracting PartiesThe charter contract is concluded between the client who charter the vessel (“Client”), Agency-Mediator who represents the Client (‘’Agency’’) The owner of the yacht, represented by (The Company) Booking ConfirmationFrom Client’s side, the booking intention is confirmed when advance payment is paid by Client. From Company’s side the booking will be confirmed when full amount of advance payment lands on its account and Booking confirmation is issued to the Client or the Agency via email. Payment Methods After the yacht charter reservation has been agreed, which will be effective in writing only, the payment is to be done according to the following calculation: - 50% for advance payment at the time of yacht reservation - 50% of balance not later than 1 month prior to yacht charter All payments have to be done according to payment instructions listed in Invoice which JNSQ has sent either to Client or to Agency. The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, JNSQ shall be entitled to cancel the Vessel’s booking without any refunds to the Client. The Price of Yacht Charter The price for yacht charter shall include everything discussed in writing with the Client such as crew, food and beverages, fuel, costs for marina’s services and moorings, harbor dues, taxes. or any other additional services discussed with the Client. If the yacht charter starts and/or ends in an Alternative base (any base other than our mentioned Marina) the Client acknowledges that any berthing fees or fuel are not included in the Yacht charter price, and that the Client will need to settle the corresponding fees as per issued by The Company. Additional services - Extras Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective Price List (e.g. extra requested days, food and beverages non included on the menu, transfers, extra staff, romantic proposal set up etc.) should be requested by Client and agreed prior to booking confirmation. Client may ask for addition of certain Extras even after the booking confirmation, will undertake reasonable effort to provide the newly requested Extras to the satisfaction of Client, and will inform the Client if it is possible to upgrade the booking with requested new Extras or not. Client acknowledges that the Company is not obliged to provide newly requested Extras at that point in time. At the latest, all Extras must be confirmed by both sides in writing not later than 10 days prior to the beginning of the charter date. Crew List and Arrival Details The Client must send a correctly filled Client’s preference sheet, not later than 14 days prior to the first day of charter. The Client agrees that The Company is responsible for all the guests on board. It isrecommended to send an estimated time of arrival at least 10 days prior to the first day of charter if the arrival time is different to the one set by the crew originally, in order for the crew to organize check-in procedure as smooth way as possible. If Client has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 10 days in advance is obligatory. Client is responsible for the accuracy of delivered Client’s preference sheet information, as well as for validity of all passports, visas, licenses and other identification documents. Cancellation by Client Should the charter of the booked Vessel be cancelled by Client, whatever the reasons may be, the Client shall be liable to inform the Company per email about the cancellation without delay. Client shall be charged for the cancellation in the amount of: - up to 50% of the full accommodation rate if the cancellation has been done up to 30 calendar days prior to the starting date of accommodation - up to 100% of the full accommodation rate if the cancellation has been done less than 30 calendar days prior to the starting date of accommodation, - up to 0% of the full accommodation rate if the The Company or Client has managed to find another client for the cancelled period. The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges. Exceptionally, should a cancellation of the yacht charter booking be done owing to the any Unpredictable Factors i.e. objective serious reasons stated and proven by Client (death in the near family, serious sudden health condition, a serious accident, etc.), the Company may allow the Client to use the already paid amount as a pre-payment for the next booking within one year period. In this category of cancellations are also the situations when the Client does not show up for the check-in or when the Client leaves the Vessel prior to the contracted check-out time – in all such cases the 100% cancellation fee applies and Client does not have a right for any refund. Cancellations by Company Should the booking be cancelled by The Company, then The Company will offer to Client full refund of all amounts that has been received from Client for the Vessel. Client acknowledges that in case when severe damages of the Vessel have occurred during the charters, or due to events such as any Unpredictable Factors, JNSQ is objectively not guilty for this, and thus Client shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances. Security Deposit Before taking over the Vessel, the Client must give a security deposit (hereinafter: Deposit) in amount according to valid Price List of The Company. The Deposit may be given via Bank Transfer or via one of the credit cards accepted by The Company. After the completion of yacht charter the whole Deposit shall be repaid to the Client, unless some Vessel damages or loss of equipment have occurred, or unless the Clients have not acted in accordance with these Terms. However, if the damages or breach of these Terms have occurred, then Deposit will be retained partly or fully, depending on size of the Damage or breach: - In case of a larger damage or breach, Deposit shall be kept in full and Client has no right for refund. - In case of a smaller damage or breach, The Company will keep the amount needed for the repairs and purchase of damaged or lost equipment, covering of intervention costs, while the rest of the Deposit shall be refunded to Client. - In case if the Vessel will not be capable to go to next charter due to the incurred damages, always the full Deposit shall be taken, due to the fact that The Company shall have expenses related to remunerating the next client. In case if any damage has happened due to gross negligence of the Client towards the Vessel or behaviors such as any damages to the Vessel under influence of alcohol or illegal drugs, or similar serious breaches of these Terms, the Client shall be liable even beyond the amount of the Deposit, including expenses connected to repairs and remunerations for lost charter income in the next weeks. In such cases the Client is liable to cover those expenses without delay, and latest within 30 days from the end of the charter period. In case of lost or damaged equipment such as snorkeling, kayak, water toys or similar, the Client is liable to The Company for the full price of the lost items. These must be paid to Company within 7 days from the end of the charter period. Risk of Yacht use and insurance Client fully accepts all risks connected with the Yacht charter. JNSQ has sole responsibility for the Yacht use, but it is the responsibility of the clients to be diligent. JNSQ will not be responsible for possible accidents and injuries of the Client unless it was the Crew’s fault for the reason of their occurrence. If any personal belongings are missing or lost from the Vessel during the yacht charter, the crew should be responsible. If any personal belongings of the Client are being lost when the Client are not on the Vessel, the Crew is not responsible. The Vessel has been hull insured and has the appropriate insurance policies against damage towards persons and against damage towards third parties. The insurance does not cover damages of Client’s personal property and property brought to the Vessel, nor any deliberately caused damage, nor any damage caused by Clients' lack of diligence. It is strongly recommended that, upon booking, Client and all crew members should contract adequate travel and health insurance packages for their travel arrangement. Check-in The Client is obliged, on the occasion of Checking-in, to give to the representative or any crew member a verified voucher/proof with all Client’s data and charter confirmation. Also, identification documents (e.g. passports) of all guests on board must be provided for the purpose of re-checking the Guest list. The same procedure shall be done with all the inclusions aboard. Any possible Client's subsequent complaints would not be accepted if the Client confirmed that the Vessel was in order and that the Vessel’s equipment and hand over was was complete and in order as well as per described when the booking was made. Possible concealed faults and absence of the equipment that Company was unaware of during the take-over of the Vessel do not entitle Client to require the charter price deduction. Check-out Client shall pay for damages on the Vessel as described in these Terms, if any damages are found during the Vessel’s examination, as described in the “Safety Deposit” section. Similarly, if Client decides last minute to expend his check-out time and the prolongation is possible and confirmed, and the Client has paid for it, will organize for all the necessary paperwork for additional days. Running behind schedule due to weather conditions is not justified because it is necessary for the Crew to to keep the vessel and the Clients in the safest condition possible. Sailing AreaThe sailing area of the Vessel is within the Australian territorial waters. Damages during yacht charter Should any damage of the Vessel or it’s equipment are done during the charter by the Client that emerge be repaired within 24 hours from Crew’s notification , the Client has no right to request any reimbursement. However, if the repairing of the damage has taken more than 24 hours, and the damage was so severe that Client could not use the Vessel meanwhile, then Client can request reimbursement at pro-rata basis for this period. Reimbursement can be obtained only if the damage was a responsibility such as improper maintenance level below industry standards. If the damage could not be repaired at the spot and immediate return to the charter base was required, the Vessel should rerepair should be organized primarily so that the Vessel can be repaired in time for the next clients. Costs for the lost days shall be refunded only if the damage was caused by Company. Otherwise, Client cannot expect any reimbursement of the stated costs and shall be liable to cover additional costs for finding a new vessel. If severe damages, personal injuries and similar incidents would happen, the Client is liable to inform The Company and the Crew about it without delay, and to obtain official documents on the emerged incident by other parties (e.g. port authority, physician, authorized expert, police etc.). Damages which were not reported and have no recorded minutes shall be considered to have emerged owing to the Client's negligence, and in such a case they have to be paid by the Client. Liabilities of The Company We shall deliver the Vessel in good working condition and clean. The Company shall arrange and conduct check-in and check-out services at the base according to usual industry standards and procedures. In case of any special or additional requests of the Client (e.g. earlier check-in, longer explanations during check-in, special needs... etc.) the Company shall try to resolve them to the satisfaction of the Client, but Client acknowledges that this is not a liability of the Company, and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially. If it would not be possible to deliver the Vessel at the latest within 4 hours from the contracted check-in time, the Client is entitled to require repayment for being overdue calculated at pro-rata basis (proportional to the contracted charter duration and charter fees received). If a delay longer than 24 hours occurs, the Client can request another vessel from the Company with similar size and features. If an adequate substitute vessel cannot be found, the Client can request the refund amount proportional to the number of days in which he did not have the Vessel at his disposal. Responsibility of the Company to pay an amount higher than the amount it received for that booking is excluded. The Company is not responsible for delays caused by Force Majeure (e.g. earthquakes, floods, thunders, fire, other natural calamities, wars, civil wars, terrorism, strikes, etc.) or by severe weather conditions. Complaints - not to make excessive noise in marinas, harbors and other mooring locations,- to respect privacy and night-rest rights of occupants of the neighboring vessels and houses,- not to engage with fishing or any other submarine activities without a valid license for such activities, - not to embark pets (dogs, cats, birds, etc.) aboard without written consent of The Company The Client warrants joint responsibility for all guests on-board. All consequences arising from the Client's or his guests on board not respecting the above liabilities are the joint and several responsibility of the Client and guests on-board. In case of breach of the clauses above or other obligations of the Client and its guests based on these Terms, the Company is entitled to remunerate from the Deposit in amount between 1000 Aud and the full Deposit, depending of the seriousness of the breach, and to claim indemnity for full incurred damage. Complaints shall be accepted in writing on the date of taking over the Vessel (check-in) only. They must be signed by the Client and the representative of The Company. The complaints shall be resolved in the following manner: - In case of a cleanliness complaint, The Company will inspect the issue, and if the complaint is justified, organize additional cleaning activities to correct the issue. In case of such type of complaints there will be no financial refund. - In case of a smaller reported shortcomings or damages, which do not seriously affect security of navigation, the Company will inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue. The Client acknowledges that, despite best efforts of the team, it may happen sometimes that it will not be possible to correct the issue in a given timeframe due to objective reasons. Generally, in case of such smaller issues there will be no financial refund.