GENERAL CHARTER CONDITIONS

Yacht Experiences rents out motor boats and yachts. And organize events in yachts, beach clubs and villas, as well as other venues.The charterer rents the boat and pays the charter fee the day of the booking to confirm and guarantee the yacht for the selected day. The deposit and other agreed fees are blocked or paid the day of the charter as well.

PAYMENT OF CHARTER FEE AND OTHER CHARGES 

At the time of booking, the entire charter fee and, if applicable, the provisioning/retrieval fee is payable to Yacht Experiences. We accept VISA, MASTERCARD and selected cash cards. We do not accept cheques, American Express or Diners Club. Will be possible to make a bank transfer as well.

CANCELLATION

If the booking is cancelled for any reason, the charterer to whom the booking confirmation was issued must notify us in writing. Cancellation is effective from the date of receipt of the cancellation notice:

The following cancellation charges apply:

More than 30 days before the start of the charter: 50% of the charter fee and other services like catering, decoration, seatoys, etc

10 to 30 days before charter start: 70% of the charter fee and other services like catering, decoration, seatoys, etc

Up to 10 days before charter start: 100% of the charter fee and other services like catering, decoration, seatoys, etc

Bad weather is considered from wind with a force 5 enough to not advise navigation. At Yacht Experiences we always try to make the client happy and we do everything possible to get the best deal.

The change can be offered for another day on the same dates requested by the client. In case the client wants to change the dates for the following year, and there is a price increase, this difference will be paid by the client.

INSURANCE

To protect against unforeseen events, we recommend that our clients take out travel, cancellation insurance to cover such events in the event of an emergency. This can be arranged through an insurance broker or travel agent.

PRICES

Yacht Experiences reserves the right to adjust or change prices at any time for bookings that have not yet been booked and confirmed.

DEPOSIT

The deposit must be received or paid by Yacht Experiences at the beginning of the charter period, therefore before entering the boat. Payments can be made in cash, by VISA / MASTERCARD or mobile payment methods.

REFUND OF DEPOSIT

Unless otherwise agreed or stated, Yacht Experiences will use all or part of the security deposit for liabilities of the charterer in accordance with the terms of the contract. However, if the deposit is not used for this purpose, it will be returned to the Charterer without interest or credited to his VISA / MASTERCARD within one week, maximum one month (depending on the credit institution) after the end of the charter period or after clarification of open issues (whichever occurs later). Please note that deposit payments by credit card may be subject to exchange rate fluctuations. Any bank charges or card fees will not be covered by Yacht Experiences.

DRIVE AREA

The charterer may only operate the boat in sailing areas and within these only in regions for which the boat is licensed and insured. If the Charterer takes the boat outside the cruising area, he will be asked to take the boat to the nearest appropriate port and leave it. If this termination of the contract is pending, the Charterer shall not be entitled to a refund of the charter fee or the deposit paid. The charterer shall bear the costs for damages incurred and for the return to the home port of Yacht Experiences. The general insured cruising area is the Spanish Mediterranean within the 2 mile zone. In the case of boats requiring a licence, a maximum distance from the coast of 2 nm or 5 nm will be observed (depending on the boat and the respective licence). Furthermore, the hirer is prohibited from approaching the coast with the boat further than 50 m. This applies in particular to bathing beaches. This applies in particular to bathing beaches.

MAXIMUM NUMBER OF PERSONS

The Charterer may not exceed the maximum permitted number of persons for the chartered yacht in any situation during the entire charter period. If, in the reasonable opinion of Yacht Experiences, he violates this regulation,Yacht Experiences may terminate the contract. In this case, the Charterer shall leave the boat at the nearest reasonable port and shall not be entitled to any refund of the charter fee or deposit after termination of the contract.

OPERATION OF THE BOAT

If the Charterer hires a boat under this charter contract, he agrees to the following regulation: If Yacht Experiences is of the reasonable opinion that the Charterer is not capable of safely and seamanically guiding the boat, the Charterer shall, at his own expense, call upon the services of a professional captain specified by Yacht Experiences. until such time as Yacht Experiences deems that the Charterer is capable of guiding the boat without his assistance. The Charterer shall bear the operating costs incurred for the boat, in particular the costs for fuel, lubricating oil, filters and harbour dues, except for the original berth in the home port. Costs for loss, breakage and other damage to the boat or her equipment caused by the charterer (unintentionally or intentionally) beyond normal wear and tear will be retained from the deposit paid. In the event of predicted winds in excess of 7 on the Beaufort scale, the Charterer shall not leave the relevant port of refuge or shall immediately proceed to the nearest port or place of refuge to secure the boat.

DELAYED RETURN

a) If the return of the boat is delayed due to force majeure, this shall be done as soon as possible thereafter; until then the terms of the contract shall apply and the Charterer shall not incur any penalties or other costs.

b) If the Charterer delays the return of the boat to Yacht Experiences in the port of delivery intentionally, he shall immediately pay to Yacht Experiences by direct transfer the daily rate of the demurrage plus forty percent (40%). In the event of a delay in return of more than twenty-four (24) hours, the Charterer shall indemnify Yacht Experiences for any loss or damage suffered byYacht Experiences as a result of the withdrawal of use, cancellation or delay in making the boat available to subsequent charters.

BREAKDOWN OR INCAPACITY

If, at any time after the boat has been made available, the boat is unroadworthy due to a collision, grounding or any other reason that makes it impossible to make reasonable use of the boat, the charter period will be terminated and all monies paid will be forfeited. If the breakdown is of mechanical origin, Yacht Experiences will provide a replacement or repair for twelve hours, or hand over to the Charterer another boat with the same dimensions or the same number of cabins and power, or refund the amounts paid to the Charterer. The Charterer shall not be entitled to any compensation.

REPLACEMENT

If a rented yacht cannot be made available to the Charterer due to a breakdown during the previous use or for other reasons beyond the control of Yacht Experiences, the Charteree may offer the Charterer another boat of the same dimensions or with the same number of cabins and performance or refund the amounts paid. The Charterer shall not be entitled to any compensation.

USE OF THE BOAT

The Charterer shall use the boat exclusively for his own entertainment and that of his guests. He shall not sublet the boat or use her for commercial purposes under any circumstances. The Charterer shall ensure that no pets or other animals are brought on board the boat without the written permission of Yacht Experiences. The Charterer ensures that his behaviour or that of his guests does not disturb other persons or bring the boat into disrepute. The Charterer shall not take on board persons who do not belong to his immediate group and shall not transfer or rent the boat to third parties without the written consent of Yacht Experiences. SMOKING IS EXPRESSLY PROHIBITED IN ALL INTERIOR SPACES OF THE YACHT. The Charterer and his guests shall comply with the laws and regulations of all countries in whose territory the boat is operated during the contract period. The Charterer shall ensure that all dutiable or other goods already on board the boat or brought on board during the charter period are cleared through customs before being brought ashore. Furthermore, it is expressly agreed that the possession or consumption or use of illegal drugs or weapons (especially firearms) constitutes sufficient grounds for Yacht Experiences. to terminate the charter contract without notice and without any recourse against Yacht Experiences arising therefrom.

INSURANCE AND LIABILITY OF THE CHARTERER

a) Yacht Experiences insures the boat with market leading insurers against all the usual risks applicable to the boat of the appropriate size and type.

b) Under normal circumstances, the Charterer’s liability for costs or loss in respect of damage to the boat or third parties to be repaired for which the Charterer or his guests are responsible (whether intentionally or unintentionally) shall be limited to the amount of the excess (deductible) entered in the insurance policy per claim.

c) The liability of the Charterer may exceed the respective deductible (excess) per claim if his (intentional or unintentional) conduct or that of his guests was intended to cancel or limit the agreed insurance cover.

d) The charterer also takes out insurance for his private property on board or ashore as well as health and accident insurance for claims not covered by the boat insurance.

APPLICABLE LAW

The parties agree that PALMA DE MALLORCA shall be the place of jurisdiction for the contract. At its sole discretion, Yacht Experiences may determine whether the contract shall be governed by the law of the country of Yacht Experiences or of the Charterer.

EXPLANATION – FORCE MAJEURE

The term “force majeure” as used in this Contract refers to incidents directly resulting from acts, events, non-occurrences, omissions, accidents or force majeure events beyond the reasonable control of Yacht Experiences or the Charterer (including but not limited to strike, lockout or other work stoppage, riot, insurrection, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, laws or regulations issued by any government or serious mechanical or electrical breakdown beyond the control of the crew which is not due to the negligence of Yacht Experiences

RECLAIMS

Under the contract, all problems must be reported to Yacht Experiences immediately when they occur and not at the end of the charter period. If this requirement is not met, Yacht Experiences will not be held liable as it has not been given the opportunity to investigate and rectify the problem. Yacht Experiences shall not be liable if the fault is attributable to the charterer, his guests, third parties or to an event that Yacht Experiences could not have foreseen or avoided.