Terms & Conditions

• BOAT CHARTER AGREEMENT TERMS

  AND CONDITIONS

  All offers are subject to the terms and

  conditions of Skittles Yacht Charter’s booking.

  Terms and conditions set out below on our

  invoice and stated on the website

  www.skittlescharters.com . Please consult

  Skittles Yacht Charters to receive the most

  current update of all terms, conditions and

  prices. Local taxes and fees may apply. All

  prices were deemed accurate at time of

  publishing and may be subject to change. All

  offers are based upon availability at the time

  of booking.
  

  TERMS & CONDITIONS –

  1. General.

  These Terms & Conditions contain the entire agreement

  between Skittles Yacht Charters (“SYC”) and the

  individual(s) intending to charter the vessel

  (“Charterer”), (collectively “the parties”), for a bareboat

  charter from SYC with respect to the rights and

  responsibilities of all parties. Notwithstanding that, the

  parties, the Vessel, the period and the price are

  stipulated in the invoice provided separately. By paying

  the deposit on the proposed charter, Charterer agrees

  to the conditions contained herein.

  2. Payment schedule.

  a. Initial Deposit: 50% of the charter fee, which confirms

  booking the booking.

  b. Remaining 50% of the charter fee and payment for

  any add-on options due 35 days before embarkation.

  3. Boat Delivery.

  SYC will deliver the boat to the Charterer only under the

  following conditions:

  a. Full payment of any balance or security deposit due

  from Charterer,

  b. Signature by both parties of the Vessel’s delivery

  contradictory statement (inventory) specifying Vessel

  and equipment conditions.

  c. Receipt of the following documents from Charterer:

  i. Copy of Charterer’s ICC certificate/license;

  ii. Copy of Charterer’s passport; and

  iii. Listing of charter’s crew members with names and

  addresses

  d. In the event SYC believes that Charterer’s and crew’s

  sailing experience is deficient, SYC reserves the right to

  cancel or modify the charter and will not refund

  Charterer for payments made to date. If available, SYC

  may offer to provide an approved skipper at Charterer’s

  expenses. If an approved skipper is provided, Charterer

  may not discharge the skipper before completion of the

  charter, except with SYC’s consent. If no skipper

  available, Charterer will be allowed to use the vessel

  staying moored to the dock.

  e. Occasionally operational reasons may result in your

  booked boat not being available due to conditions

  beyond SYC control. SYC reserves the right to try to

  arrange an alternative yacht. If your boat changes after

  booking, you will be notified as soon as is reasonably

  possible. If the only alternative yacht available is

  cheaper, you are entitled to a refund of the price

  difference. If no alternative boat can be found you will

  be entitled to a full refund.

  4. Boat Re-Delivery.

  a. The Vessel shall be returned to the End Port on the

  date and time as specified in Charterer’s invoice.

  b. If re-delivery of the Vessel is delayed by reason of

  force majeure as defined below, re-delivery shall be

  affected as soon as possible thereafter and the

  meantime the conditions of the Agreement shall remain

  in force but without penalty or additional charge against

  the Charterer.

  c. In case of delay on return, Charterer agrees to pay SYC

  the prorated charter fee plus 50%. Any begun day

  beyond the charter term is considered a full day. If

  Charterer abandons the Vessel anywhere other than the

  specified End Port, he agrees to pay DYC all costs and

  fees incurred to return the Vessel to the specified End

  Port, as well as a prorated charter fee compensation for

  the number of days necessary to sail the boat back to

  the base. Abandonment is defined as leaving the Vessel

  for longer than a 12-hour period.

  d. If the Charterer fails to re-deliver the Vessel to the

  Owner at the End Port of the Re-Delivery due to

  intentional delay or change of itinerary, Charterer

  agrees to pay SYC the prorated charter fee plus 50%.

  Any begun day beyond the charter term is considered as

  a full day. If delay in re-delivery exceeds twenty-four

  (24) hours, the Charterer shall be liable to indemnify the

  Owner for any loss or damage which the Owner shall

  suffer by reason of deprivation of use of the Vessel or

  cancellation of, or delay in delivery under, any

  subsequent charter of the Vessel.

  5. Warranties and Procedures of SYC.

  a. SYC represents, warrants, and covenants that, at

  Delivery, the Vessel will comply with all applicable laws

  and regulations of the Vessel’s flag state and any

  country within the Cruising Area, including, without

  limitation, any laws and regulations governing charters

  and any documentation, registration, or customs laws or

  regulations, such that the Vessel may lawfully be used

  by the Charterer as provided hereunder. SYC agrees to

  deliver to Charterer a boat in good working order.

  b. Check-in procedures begin at charter start time. Upon

  check-in, charterer can freely use the Vessel as soon

  as he has signed the delivery statement and received all

  the boat documents.

  c. On the first and the last day of the charter, a place in

  the SYC marina is provided and included in the booking

  price.

  d. SYC considers Genset, and Air conditioning to be

  ancillary equipment and deems the value of inoperable

  genset, and/or AC as €500, or Bow Thruster, €250, per

  charter and will refund the pro-rated value in the event

  of any failure to this amount.

  e. SYC will commit to answer to any reclamation

  received no later than 1 month after the return of the

  Charterer.

  6. Representations and Warranties of

  Charterer

  a. If the Charterer (or a member of the crew) is to

  operate the Vessel, the Charterer represents and

  warrants that the Charterer is experienced, licensed, if

  applicable, and competent in the handling and

  operation of a Vessel of the type named in this

  Agreement and that the Charterer has sufficient

  practical knowledge of seamanship, piloting, and Rules-

  of-the-Road to properly exercise full authority over the

  Vessel. The Charterer shall allow the Vessel to be

  operated during the Charter Period only by a person

  qualified to do so. The Charterer shall promptly

  complete the “Sailing Resume,” to SYC via email or to

  SYC representative.

  7. Responsibilities of Charterer

  a. At check-in and prior to signing the Inventory

  Checklist, Charterer will check that boat and equipment

  is in good working order and up to minimum standards.

  At this time, Charterer can note with SYC anything it

  believes contrary or below the standards as set forth in

  the invoice. Acceptance by Charterer certifies that the

  obligations of SYC for delivery have been fulfilled.

  b. Upon delivery, Charterer and crew are fully

  responsible for the Vessel and for any damage to

  property or injury to persons that could happen

  including third parties. In the event a skipper has been

  provided by SYC, Charterer will remain responsible for

  the boat and the behaviour and well-being of crew.

  c. Charterer agrees to be responsible for all crew and

  passengers on board and binds crew and passengers to

  the terms provided herein.

  d. Charterer will be responsible for all boat maintenance

  during the charter and will pay all running expenses

  incurred after delivery of the boat, such as mooring fees,

  local taxes, fuel oil, water and food.

  e. If outside assistance is needed due to problems with

  the boat, Charterer will promptly notify SYC and or

  Marine Unlimited before incurring any such expense

  unless delay would risk personal injury or significant

  property damage. Charterer will keep all invoices and

  receipts concerning repairs that SYC will reimburse on

  return day, or as soon as possible. Charterer will take all

  reasonable steps to prevent the towing of the boat by

  another vessel. However, if towing is necessary despite

  all reasonable efforts, Charterer agrees to negotiate and

  fix the price of towing with the other vessel’s captain

  before operating.

  f. In case of an accident involving another vessel, the

  Charterer must contact SYC immediately and follow SYC

  instructions, independently of the Charterer having

  damaged the SYC Vessel and/or the other vessel.

  Charterer agrees to carry only up to the number of

  passengers required by security rules of the boat and

  the boat Spanish Maritine licence.

  g. Charterer agrees that he/she will not transport

  merchandise or carry passengers for pay or have any

  other commercial activity such as professional fishing.

  Lending or renting of the boat is prohibited.

  h. Charterer agrees to use the boat as a responsible

  person and will comply with all laws of Islands, including

  but not limited to, fishing and deep sea fishing

  regulations. Charterer will hold SYC harmless from and

  against any and all claims and legal actions arising under

  or in connection with this Contract for failure to abide

  by those rules and regulations.

  i. Charterer acknowledges that Vessels are allowed to

  participate only in select regattas approved by SYC.

  Regatta participation may be subject to a surcharge and

  increased security deposit. Participation in regattas not

  approved by SYC is strictly prohibited.

  j. The boat must be returned with all gear aboard in the

  same good conditions as upon departure, in good clean

  conditions, on the specified End Date, time, and End

  Port.

  k. Charterer agrees to pay for any loss or damage not

  covered by Insurance that can occur on or to the Vessel

  until return. Charterer remains fully responsible for the

  Vessel until signature of the return counter-inventory

  and final disembarkation.

  l. Charterer agrees to stay within the approved cruising

  ground as provided by

  SYC and/or by law and as specified by the vessels

  Spanish Licence. Charterer agrees not to leave the

  harbour or mooring with winds over force 6 or if this

  strength of wind is forecasted, or if port authorities have

  prohibited any navigation, if the Vessel is damaged and

  not repaired, and if any vital equipment such as engine,

  sails, rigging, bilge pump, navigation lights, berth gears,

  compass, or security equipment are not in good working

  conditions, if fuel reserves are not sufficient, if, in

  general, weather, Vessel or crew conditions endanger

  Vessel or crew. Charterer agrees to follow any

  navigation and routing instructions which SYC may give

  him especially in the event of bad weather.

  m. Charterer agrees not to sail after dusk. Charterer

  agrees to include in the ship’s log a daily entry to

  include: destination harbour, Vessel and crew condition,

  any change in crew, successive positions/locations,

  weather conditions, sails used and engine working

  hours.

  n. Any likeness or image of you or your party aboard

  your chartered Vessel secured during your charter may

  be used by SYC without charge in all media for bona fide

  promotional or marketing purposes, including without

  limitation promotional materials of any kind, such as

  brochures, slides, video shows, advertisements and the

  internet.

  Note : Please not that charters that are less than 9 days

  and departing from Alcudia, Mallorca are not authorised

  to sail beyond Mallorca’s coastal waters up to a maximin

  of 12 miles from the coast unless previously agreed in

  writing by SYC.

  8. Damage Deposit/Insurance Deductible.

  The operator has taken out insurance cover for the

  chartered boat and the charter client, against all

  accidental damage including damage to third parties.

  However, the theft or loss of personal belongings of the

  charter client as well as of all the people on board,

  likewise all accidents of which they may be victims, are

  excluded from the scope of this insurance.

  In the event of any damage whatsoever, including to

  third parties or theft, the charter client must submit a

  sea report, including, if necessary, a response statement

  to that of the third party with the full contact details of

  third parties and their own insurers, and in all cases

  notify the operator immediately. Failure to do so is

  covered in the provisions of Article 13 “Voluntary

  Breach”.

  The insurance cover taken out by the Operator includes

  an excess deposit which will be borne by the charter

  client. The latter therefore remains his own insurer for

  any loss or damage whatsoever, including those caused

  to others, not covered by the insurance, up to the

  amount of the deposit specified in the special

  contractual conditions.

  The charter client can ask SYC for a reduction of this

  deposit by means of additional optional contractual fees

  – this extra is mandatory for a charter with skipper and

  in some destinations, indicated in the booking

  confirmation.

  In all cases, a minimum security deposit as defined by

  the specific contractual conditions will remain the

  responsibility of the charter client. The operator will not

  be required to provide the charter client with a

  replacement boat or to pay any compensation in the

  event of immobilization of the chartered boat following

  accidental damage during the charter

  9. Contract Cancellation and changes

  a. If Charterer cancels more than 60 days before original

  charter start, Charterer will lose its 30% deposit. If

  Charterer has already paid for add-on options, SYC will

  reimburse Charterer for these expenses.

  b. If Charterer cancels 59 days or less before the original

  charter start, Charterer will lose the entire charter fee

  paid to date. If Charterer has already paid for add-on

  options, SYC will reimburse Charterer for these

  expenses, unless cancellation occurs within seven days

  of departure. If within seven days, payment for add-on

  options will not be refunded.

  c. Charterer has the option to purchase travel insurance

  to cover any losses Charterer may sustain if the charter

  is cancelled prior to your departure and should do so at

  their own discretion.

  d. Changes to dates and or yachts booked are

  subject to current prices.

  10. Force Majeure.

  a. SYC shall not be liable for any loss, damages or delay

  or failure in performance hereunder resulting from any

  force majeure event, including but not limited to acts of

  God, fire, action of the elements, epidemics, war

  (declared or undeclared), warlike actions, insurrection,

  revolution or civil strife, piracy, civil war or hostile

  action, strikes or differences with workmen, acts of the

  public enemy, federal or state laws, rules and

  regulations of any governmental authorities having or

  asserting jurisdiction in the premises or of any other

  group, organization or informal association (whether or

  not formally recognized as a government), and any

  other cause beyond the reasonable control of SYC which

  makes continuance of operations impossible.

  b. In the event of a delay or failure of performance

  based upon an event described above:

  i. All payments made towards the charter shall be used

  as a credit for a future charter. No refunds will be

  provided.

  ii. SYC will work with Charterer to book a new charter on

  new dates, based upon availability and the Charterer’s

  preference. If the parties cannot book a new charter at

  that time, Charterer’s deposit will remain as a credit

  with SYC and will never expire.

  iii. SYC will not be responsible for additional costs

  incurred by Charterer as a result of changes to their

  charter due to a force majeure event.

  11. Additional Delays

  a. If on departure date, the hired boat or equivalent is

  not available for reason other than a force majeure

  event, Charterer has the right to the following options, if

  possible:

  i. When available, delay the departure date and

  maintain charter duration;

  ii. Maintain charter end date in invoice and Charterer

  will be refunded for time the Vessel was unavailable on

  a prorated basis of charter fee.

  iii. If delay exceeds one quarter of the charter time,

  Charterer may cancel the agreement with SYC and be

  refund for charter fee.

  b. Charterer waives any and all claims, damages, debts,

  liabilities, demands, costs, expenses, interest, suits

  and/or attorneys’ fees as s result of a delay in the

  charter.

  c. Any interrupted or shortened charter, any service not

  used by Charterer, for any reason, is not refundable.

  12. Miscellaneous.

  a. Governing Laws: Any legal action arising under or in

  connection with this contract will be adjudicated in a

  British court of law.

  b. Maritime Liens: The Charterer shall not incur or allow

  any maritime lien, salvage, or debt on the Vessel or on

  SYC’s credit. The Charterer shall not abandon the Vessel

  or enter into any salvage agreement without the SYC’s

  prior written consent. The Charterer shall indemnify and

  hold SYC harmless against and from any liability for any

  maritime lien, salvage, or debt that arises on the Vessel

  or SYC’s credit as a result of any act or omission of the

  Charterer.

  13. Voluntary breach of contractual

  provisions

  The charter client or his crew who wilfully violate any of

  the specific or general provisions of this contract will be

  responsible for - if this results in proven damage to

  Skittles:

  a. Damage not covered by the insurance taken out by

  Skittles Yacht Charter, including in the event of total loss

  of the boat,

  b. a tripling of the contractual deposit with cancellation

  of the possibilities of contractual reduction of the latter

  in the event of damage by the charter client.

  The Charter will be on the 20 th August 2023,

  Departing from Alcudia Marina Berth 676 at

  11:00am and returning to the same berth by

  17:00. The Boat will be supplied full of fuel

  and the Charterer will be responsible to refuel

  the boat at Alcudia Marina on return, the

  deposit of Euro 5000 will be refunded to the

  charterers credit card less any credit card

  fees, after a successful sea trial by SYC, the

  refund many take 7 to 14 days in accordance

  with the Stripe credit card process.