General Terms and Conditions of Greek Isles Yachting
Usage Agreement between the user (hereinafter referred to as “you”) and Greek Isles Yachting. Greek Isles Yachting is a company registered in Greece (ELLINIKA NISIA NAVLOSEIS ORTOLANO-ABELA & SIA EE).
Before using this website and/or availing the services offered by GREEK ISLES YACHTING, please read the following General Terms and Conditions (hereinafter referred to as “GTC”).
Rental Agreement Conditions
Contracting Parties:
The rental agreement is concluded between the lessor and the lessee, potentially with the mediation of the yacht charter agency ‘GREEK ISLES YACHTING’ (ELLINIKA NISIA NAVLOSEIS ORTOLANO-ABELA & SIA EE). (Afxentiou 7 Str., Alimos, 17455 – Greece). If the yacht charter agency ‘GREEK ISLES YACHTING’ is involved, it acts as an intermediary.
Mediation Order:
- By completing the required information fields and completing the booking process, you authorize ‘Greek Isles Yachting’ to arrange a service provided by a third-party provider. Please ensure that you carefully fill in the required information fields (especially email address and name) to avoid errors during the mediation process and/or with the arranged service for which you are responsible.
- ‘Greek Isles Yachting’ obligation is limited exclusively to mediation services. ‘Greek Isles Yachting’ acts solely as a yacht charter agency. Proper fulfillment and/or execution of the arranged service itself are not part of its contractual obligations.
- If the booking process allows for special requests, these are always non-binding. ‘Greek Isles Yachting’ does not guarantee that the respective service provider will comply with these non-binding special requests.
- The charterer and their crew understand that chartering a yacht is renting equipment for engaging in yachting and boating sports and does not constitute a “package travel” as defined by travel commerce laws.
General Terms and Conditions of Service Providers:
Every booking you make through the Greek Isles Yachting website or via email constitutes a binding offer to conclude a contract with the respective service provider. If a contract is concluded with the respective service provider, their GTC apply to the contract. These terms may include, for example, liability, cancellation, rebooking, refund, payment terms, and other special conditions. The GTC of the respective service provider are available upon request by the lessee. Acknowledgment and acceptance of these terms must be confirmed by the lessee before submitting the booking request; otherwise, if the down payment has been made, it is deemed that these terms have been fully accepted.
Confirmation of Booking Request and Correction of Data:
The contract mediated by Greek Isles Yachting between the user and the service provider is only concluded with the legally binding confirmation of the service provider. The message sent by Greek Isles Yachting to the user following the booking request merely constitutes a summary and acknowledgment of the booking request. Please review this summary for accuracy and completeness within the specified deadlines and notify Greek Isles Yachting of any discrepancies within the deadline. If Greek Isles Yachting does not receive correction requests within the specified deadlines, later corrections may no longer be considered. Chartering the yacht to other clients remains reserved if payments are not received within the deadlines. With the down payment, you confirm acknowledgment and acceptance of the GTC.
Payment, Withdrawal, Arrival:
- Unless otherwise stated in the contract, the down payment of the rental price is due within 5 days of contract conclusion. Unless otherwise agreed, the down payment is 50% of the charter price, with the remaining balance due six weeks before the start of the charter. Payment must be received within the specified deadlines.
- a) If canceled up to 2 months before the start of the charter, the cancellation fee equals the down payment.
- b) If canceled less than 2 months before the start of the charter, the cancellation fee is 100% of the charter price.
- If the charterer cannot start the charter, they must notify the lessor immediately. If a replacement charter under the same conditions is successful, the charterer will be refunded their payments minus handling costs amounting to at least 20% of the charter price. Otherwise, the lessor is entitled to the full charter fee. A travel cancellation insurance is strongly recommended, and the agency will gladly provide offers for appropriate insurance.
- Travel arrangements for starting the charter are not part of this contract. Delayed start due to late arrival of the charterer or a crew member does not entitle them to cost reimbursement.
- By booking via Greek Isles Yachting or its associated websites, you accept the cancellation and no-show policies of the yacht charter company you booked, as well as all additional charter conditions and rental agreement terms applicable to your yacht charter.
Obligations of the Lessor:
- The rented yacht will be handed over clean, ready to sail, seaworthy, and fully fueled.
- If the rented yacht cannot be handed over at the agreed time (e.g., due to damage or unseaworthiness caused by accidents during the previous charter), the lessor may provide an equivalent replacement yacht. Any warranty claims remain available to the lessee if the replacement yacht has defects.
Obligations of the Lessee:
- To adhere to good seamanship principles.
- To possess sufficient experience in handling a yacht or to appoint a responsible skipper with such experience. If the lessee or their skipper does not possess the necessary licenses or qualifications for operating the yacht, the lessor may refuse to hand over the yacht or appoint a skipper at the lessee’s expense.
- To comply with the laws of the host country and perform port registrations/departures.
- Not to use the yacht for commercial purposes, transport hazardous goods, or transfer the yacht to third parties without written permission from the lessor.
- Not to leave the agreed sailing area without prior written consent.
- To treat the yacht and equipment with care and maintain the cleanliness and proper function of the vessel.
- To avoid leaving the harbor in winds forecasted above 7 Beaufort.
- To return the yacht in clean, fully fueled, and orderly condition. Otherwise, costs for refueling and cleaning will be deducted from the deposit.
- To promptly report any damages, collisions, or extraordinary incidents to the lessor.
- Not to make unauthorized agreements regarding towing or salvage costs in case of accidents.
- To inspect the yacht and its equipment during handover and return, confirming its condition with a signature.
Repairs and Monitoring:
- The lessee must regularly monitor the oil level, cooling water, bilges, and other systems. Damage caused by negligence is not insured.
Liability:
- The lessor is liable only for damages caused intentionally or through gross negligence.
- Nautical material inaccuracies are excluded from liability.
Security Deposit:
The deposit is provided by the charterer at check-in, usually via credit card in the local currency, unless otherwise agreed. After the return of the yacht and its equipment, the deposit will be released no later than 14 days after check-out, provided there are no damages incurred during the contract period. Costs to restore the yacht to its contractual condition or replace damaged or lost equipment will be deducted from the deposit. If the damages require further assessment, such as lifting the yacht out of the water, the final amount will be determined after the lessee’s departure.
Agency Liability:
Greek Isles Yachting (ELLINIKA NISIA NAVLOSEIS E.E.), as an intermediary, is only liable for gross negligence or intent in the mediation process, not for the services it arranges or procures. The agency is not responsible for the services it arranges or procures, including any issues arising from force majeure events such as natural disasters, waterway closures, or other extraordinary events.
Lessee’s Liability:
- The lessee indemnifies the lessor against any civil or criminal consequences, including legal costs, resulting from the lessee’s actions or omissions.
- If the lessee leaves the yacht at a location other than the agreed return port, the lessee bears all costs for returning the yacht by water or land. If the return extends beyond the charter period, the yacht is considered returned only when it arrives at the agreed port.
- Late returns or damages causing non-usability of the yacht result in compensation claims by the lessor.
- The lessor assumes no liability for interruptions caused by force majeure, such as waterway closures, repairs or other natural or extraordinary events.
Jurisdiction and Applicable Law:
- Claims between the lessee and the agency are subject to the law of the agency’s location, with jurisdiction at the agency’s registered office.
- Claims between the lessee and the lessor are subject to the law of the lessor’s location, with jurisdiction at the lessor’s registered office.
Right of Withdrawal:
There is no statutory right of withdrawal for distance contracts related to leisure activities with a specific date, including this yacht rental contract. Upon concluding the contract, the cancellation terms apply.