Terms and conditions

 

A. The Company

Greek Sea Cruises Management PC (hereafter referred to as “GSC”, “our”, “we”, or “us”) is a licensed Day Cruise Operator and Yacht Charter company. Our Headquarter is located in Galatsi, Greece. GSC operates Daily Cruises from Athens to Aegina or any other location requested by the client, subject to the general terms set out in the Day Cruise agreements with such client(s). GSC provides yacht charters, and various other yacht management services, yacht sales, special events and other services (“Services”, “Service”) in Greece. By engaging with GSC in any of these services, you (hereafter referred to as “Client”, “you”, or “Clients”) shall have accepted the terms mentioned herein automatically, confirm your understanding of them and have agreed to all of them.

 

B. Services provided by GSC

The detailed information of services provided by GSC are accessible on our website https://www.greakseacruises.com. These services are provided under the following terms & conditions!

 

B.1. Chartering Yachts

GSC will make all the booking arrangements and raise a CHARTER PARTY AGREEMENT, which must be signed by the client to complete the booking.

 

a. Booking a yacht:

Once a client selected a yacht from our website, or through a separate offer from GSC, the client shall enter all relevant details, e.g. timeline (from-to), destination and all other information relevant to the charter in the yacht booking request form. The GSC office personnel will reply within 24 hours with a valid charter offer, tailored to the client’s request. We advise all potential clients to keep in mind that the main tourist season is extremely busy in Greece and clients should enquire and confirm a booking some months in advance! GSC is a specialist in event planning and management, We facilitate events on our uniquely suited Gulet Motorsailers for up to 49 people per charter, from corporate meetings to wedding celebrations. The client shall enter the event section in our website and complete the request form as accurate and detailed as possible. GSC will reply within 24 hours with a binding and detailed offer. It is the client’s responsibility to provide accurate information! After agreeing on the arrangements, a CHARTER PARTY AGREEMENT must be signed by the client to complete the booking

 

b. GSC’s conditions to book a Yacht Charter Service

(i) Sailing qualification for chartering a boat

The Greek Sailing laws require that you need at least one official sailing license in order to take over a Bare Boat.
The Greek Port Authorities recognizes as a sailing license any sailing license or certification from a sailing school, a yacht club or any relative organization that is defined as the appropriate documentation officially recognized in the charterer’s country of residence.

The Greek Port authorities fully recognize ASA & RYA certifications.

A declaration of experience may be required by the local port authorities from the skipper and co-skipper.
GSC reserves the right to decline a sailing license that is not recognized or accepted by the Greek Port Authorities. The certificates for the Co Skipper may be the same kind as the Skippers. GSC reserves the right to oblige the charterers hiring a skipper if any doubt as to this/ hers sailing skills arises during embarkation.

At least one such sailing license must be send to us for bareboat charters together with the booking confirmation.
– The presented license must be in English language or translated and suitable for specific

yacht.
– GSC and the Greek Port Authorities do not accept Day Skipper licenses!

– The skipper is solely responsible and he/ she must keep an updated authorized crew list on board at all times. At least one sailing license must be sent to us along with the booking confirmation for bareboat charters.

(ii) Bare Boats/ Skippered

If you have no sailing license or any other valid qualifications, GSC can provide you with a licensed and experienced skipper for the duration of your charter. We can also provide a skipper if you are an experienced license holder, but you have decided to enjoy your charter without the stress of the responsibility for the yacht. An added benefit to hire a skipper is his/ her local knowledge of the Greek waters, The skipper fee must be agreed on and paid before the start of the charter. As it is mandatory for the skipper to reside on board for the duration of the charter, we remind you that the skipper is entitled to his own cabin on board.

 

c. Starting the Charter

GSC operates to a standard procedure that is common practice in Greece and that should be followed when taking over a bare boat. The check-in is scheduled for approximately 17.00 hours on the first day of charter. The check-out is scheduled for approximately 09.00 o’clock on the morning of the last day of the charter time. A charter usually commences and ends on a Saturday, for the duration of 7 days, 14 days or multiple thereof. If you require a different arrangement, GSC can be flexible in accordance to your holiday schedule needs, subject to the availability of the yacht not being restricted by following, pre-booked charters.

For the check in/ out procedure of GSC yachts, a company representative will be present, and the procedure will be completed together by the GSC representative and the skipper.

Note: It is important for you to understand that you are solely responsible for returning the yacht at the pre-arranged place and time! GSC reserves the right to raise extra charges for any late returning of the yacht or other violations to the charter agreement!

 

B.2 Yacht Sales

GSC is a licensed yacht broker and connects yacht owners to potential buyers for a percentual fee of the sale price upon the successful completion of the sale and the transfer of ownership. We are also direct sellers of boats, ships and yachts that are owned by the company. Theses sales are widely published and listed via all our communication channels.

 

B.3 Management of Owners Yachts

GSC offers yacht owners a variety of management services on request. These services include chartering services, maintenance services, technical support and other relevant services. GSC operates only yachts that are fully insured as required and stated by the Greek maritime laws.

As per common practice, embarkation is scheduled for Saturdays at 17:00 and disembarkation for Saturdays at 09:00. GSC reserves the rights to change these times in accordance to the client’s itinerary, subject of the yachts availability.

1.     The signing of this agreement by the owner and/ or his/ her agents validates the agreement and binds the owner to the conditions mentioned hereafter, subject to the receiving of the agreed payments as described in the charter agreement on time.

2.     The yacht owner agrees to:

a. to prepare the yacht, fully fitted with all listed/ agreed and necessary

equipment, in seaworthy condition and in fully operational order as per charter

agreement.

b. to insure the yacht and its equipment as specified by Greek law against third party damage, fire, marine collision risk and against loss or damage or total loss of the yacht. The charterer is therefore relieved of all liabilities that is covered in the related insurance policy, with the exception that the charterer acted with gross negligence or premeditated, willful neglect on his/ her side.

 

c. the owner is not liable for any accident, loss or damage to the charterer or his party, the charterers personal property or any injury to any person on board.

 

d. to assure to deliver the yacht at the agreed date and location listed in the charter agreement. In the case of any miss compliant by the owner, the charterer has the right to the following options:

 

i.          Subject to the pre booked charter schedule of the yacht, the owner agrees to extend the charter period by the same time as the delayed delivery of the yacht.

ii.           to refund the charterer for any lost time with proportional amount of money to the time lost, in accordance to the charter agreement and the agreed charter fees.

 

iii.          to cancel the agreement if the delivery delay exceed 25% of the overall charter time and refund the charterer in full for the amount paid for this charter. In no event mentioned before, the owner or the charterer are liable to pay to the other any compensation for damages that occurred due to the cancelation of this agreement

 

iv.          to provide a similar or better yacht that must be accepted by the charterer

 

C. The Charterer agrees to:

 

1.               to return the yacht to the owner in the same, good condition that it was delivered in, including all the equipment, at the agreed time and location. If the charterer, for any reason including bad weather conditions fail to return the yacht on time as per charter agreement, to pay the owner damages at the agreed rate in the charter agreement with a 50% increase, in full, for any started day, even if the hour delay is only fractional. If he leaves the yacht at any other destination then the agreed in the charter agreement, to pay to the owner all/ or any expences that may occur in relocating or transferring the yacht to its designated location as per charter agreement plus a pro-data demurrage for the number of days needed for such transfer. He shall also pay for any damages or loss affecting the yacht, it’s confirmed reservation schedule or any other confirmed commitments, until it has been returned to the owner.

 

2.               Refundable Deposits.

a.     To pay the owner a refundable security deposit before embarkation, for the value of the amount set by the owner, for the partial or total cover of any claim by the owner for any damage or loss to the yacht and or its equipment or any claim by the owner in regards to the details in clause C/1. above.

Subject to the final inspection of the yacht, its equipment and the findings to provisions above at the end of the charter period, the security deposit shall be returned to the charterer.

The inventory list is presented to the charterer on embarkation. He/ she is responsible for any loss or damage from the moment he/ she signs the list.

b.     The security cover is designed to provide immediate help to the charterer    should the situation arise that the yacht is in need of parts replacement, e.g. a sail or outboard motor need replacing. The charterer has the right for an immediate replacement, but only for one such substantial incident. He will pay a new refundable deposit on the receipt of repair or replacement.

 

c.      Not to use the Yacht for racing, unless it is clearly noted in the party charter agreement and a Racing Risk insurance is paid, or the towing of other craft, except in an emergency or generally for any purpose other than that of private pleasure of the charterer and his party which should include not less than one (1) qualified skipper and one (1) experienced crew member, or to accommodate aboard any person other than those shown on the crew/passenger manifest nor to take the Yacht or permit her to be taken outside the area of the Greek seas nor to sublet the Yacht without the written consent of the owner.

 

d.     To take every possible preventive measure and precaution to avoid to bring the Yacht in any condition in which the Yacht will need to be towed to any point by another vessel, towing the Yacht, should such a necessity arise, in spite of the Charterer’s efforts, to notify immediately the Owner and if such a contact is impossible to negotiate and agree with the captain of the other vessel on the price to be paid, before allowing the yacht to be towed.

 

e.     Not to leave a port or anchorage if the harbor Authorities have imposed a prohibition of sailing or while the yacht has unrepaired damage or without sufficient reserves of fuel or in general, when weather conditions or the state of the Yacht or its crew or a combination of them concerning the safety of the Yacht and its crew is doubtful.

 

f.       Not to sail the Yacht in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly, not to sail the Yacht at night without all navigation lights functioning.

 

g.     To keep the Yacht’s Log Book up to date, noting each day the port of call, the state of the Yacht and its equipment, any change in the composition of the crew when at sea, regularity, the times position, weather conditions, sail plan and hours of engine operation.

 

h.     To plan and to carry out the yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the Yacht must be returned to the Owner (Turn-Around Point) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the yacht’s port of call shall lie at a distance not greater than forty (40) N.M. from the point at which the Yacht is to be returned to the Owner.

 

i.       To report by telephone, email or text message to the Owner at reasonable intervals the position and state of the yacht and of her passengers, as well as in the event of any damage to the Yacht.

 

j.       To study and acquire a working knowledge of any printed matter pertaining the proper handling of the yacht and to the conditions in the cruising area which may be made available to him by the Owner.

 

D.  It is herein further agreed by and between the parties hereto:

1.     This agreement is entered into on the bases of the Charterer’s competence in sailing, seamanship and navigation stated by him in writing and in the event of any error, omission or misinterpretation in this respect being subsequently discovered, the Owner shall be entitled to terminate this Agreement forthwith and to retain the Charter fees.

 

2.     The Owner (or his representatives) may require the Charterer and his crew to demonstrate their competence in handling and navigating the yacht safely by actually operating the yacht at sea with the Owner (or his representative) aboard and should the Charterer and/or his crew fail to satisfy the Owner in this respect, the Owner may terminate this Agreement as stated in Clause (4) above or place aboard the yacht a skipper, if one acceptable by both the Owner and the Charterer is available, at the expense of the Charterer, for as many days as the Owner will consider necessary for the safety of the yacht and her passengers and any time required for this test of the Charterer’s competence and seamanship will be part of the agreed Charter period.

 

3.     The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as agreed. The time required to demonstrate the yacht to the Charterer and to familiarize him with it should be part of the agreed charter time. The free use of the Yacht will be granted to the Charterer after he has signed the Take-Over form.

 

4.     Before signing the aforesaid form, the Charterer shall have the right to inspect the yacht, its gear and inventory thoroughly to ascertain that all are available and in good working condition, except as may be noted thereon, but the signature of the Take-Over form by the Charterer shall be deemed to imply acceptance of the yacht, which thereafter will be in the Charterer’s full responsibility and the Charterer shall have no right to claim for any loss of time or expense occasioned by any accident or breakdown or failure of any part of the Yacht.

 

5.     After take-over, expenditures for port-dues, water, fuels, oils and any other stores required, as well as the repair of any damage or failure that may occur while the yacht is in the Charterer’s responsibility and which are not the result of normal and natural wear shall be made by the Charterer at his expense, provided that he previously obtained the consent of the Owner for the technical suitability of the repair to be made. In the case of repairs of damages or failures resulting clearly from normal and natural wear, the Charterer shall previously obtain the Owner’s consent with regard to the cost and technical suitability of these repairs and the Charterer shall collect the pertinent receipts against which he shall be refunded by the Owner at the end of the charter.

 

6.     If any accident or damage is caused by the Yacht to any third party or the yacht itself, the Charterer shall request from the nearest Port Authority to ascertain the damage, the accident and the circumstances in which it has been caused and to make a written record and statement about it, while the Charterer shall notify the Owner at the same time.

 

7.     In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in Clause B (3) (iii), after signing this Agreement, the following cancellation policy will apply depending on the time-interval between the booking confirmation and the cancellation date:

 

a. Policy of “Dossier’s expenses” (3% of the booking price or minimum 150 EUR) will be applied for bookings cancelled after signing the contract and in time period up to 90 days prior to boat embarkation.

 

b. Cancellation fee of 30% of the total charter fee, for bookings cancelled within a period of 90-60 days prior to boat embarkation

 

c. Cancellation fee of 50% of the total charter fee, for bookings cancelled within a period of 60-30 days prior to boat embarkation.

 

d. Cancellation fee of 100% of the total fee, for bookings cancelled in a period less than 30 days prior to boat embarkation.

 

8.     If the Charterer should decide to terminate the charter and deliver the yacht prior to the date designated in this Agreement, the Owner shall not be liable to the return of any proportional part of the hire money.

 

9.     Should the Yacht become an actual or constructive total loss

 

a.     before the Charter period – the Owner will provide the Charterer with an equally specked or better yacht.

b.     during the charter period – the Owner will provide the Charterer with an equally specked or better yacht.

 

10.  The special provisions, if any, set out in the Schedule hereto are fully accepted and form part of this Agreement.

 

11.  The Brokers act in good faith on behalf of both Owner and Charterer but are contracted as Brokers only and in no way incur any liability for any acts, matters or things done, committed, omitted or suffered by either party, except for the responsibilities provided by the pertinent legislation of Greece.

 

12.  In the event of any dispute arising between the parties hereto with respect to this Agreement or anything herein contained the same shall be referred to two Arbitrators in Greece one to be appointed by each party, whose decision shall be final or to an Umpire to be appointed by such Arbitrators, if and when they shall disagree, the decision in such event of the Umpire to be final.