General Conditions

CHARTER TERMS AND CONDITIONS

All bookings made with Ecosiana Ltd, so called “the company” are subject to the following Charter Terms and Conditions.
No Agent or Employee of the company has the authority to vary or amend them.

1. PAYMENT CONDITIONS
A booking is considered as confirmed and valid only when the Booking Form and the agreed deposit have been received by the company or by one of its partners and when an invoice stating the terms of the balance payment has been dispatched.
Payment of balance of the charter amount will become due 42 days before the departure date, without reminder on the part of the company or the charter operator.
The charter fees must be paid in full for all bookings made less than 42 days before the departure date.
All bank charges will be payable by the Charterer.
The company reserves the right to cancel the booking if the payment schedule is not respected

PAYMENTS MEANS:

2. CANCELLATION
A. Cancellation by the Charterer
The following cancellation policy applies:
- For cancellation more than 42 days before the embarkation the 40% of the charter fee is due or retained .
-For cancellation less than 42 days before embarkation the total of the amount is due or retained .
B.  An insurance for cancellation can be contracted by the charterer, at his benefit and expenses, to cover the above mentioned risks.  We offer cancellation insurance in collaboration with UNIQA, but customer can also cover such a risk with any insurance  company of his choice.
C. Cancellation by the Company
The company will take precaution to ensure that the booked boat will be available in a fully seaworthy condition. If owing to conditions and circumstances is beyond the Company’s reasonable control, then the company  will either  supply a similar and suitable boat, or return the payment to the Charterer who will have no claim on any account against the Company.

3.  DOCUMENTS REQUIRED
The charterer should forward to the company copies for all requested documents (passport, sailing certificate, signed contract etc) and fill in his crew list and nautical resume on the site www.mediterranean-charter-boats.com.  The company reserves the right to cancel a contract or to refuse to confirm a booking in case that the customer does not supply all necessary documents and information.
This information could be asked by the base manager, the local authorities  and insurers at the charterer's departure. 
The company will not be responsible for any problems during embarkation (i.e.: departure time delay ....) caused of missing personal documents or inaccurate information.

4. EMBARKATION
The Charterer will take charge of the boat after completion of certain formalities (security deposit, inventory check), reception of administrative documents and boat usage instructions.
The Charterer will be required to sign the Check List. Signing implies that:
- The boat was handed over in a clean and tidy state
- Instructions were accurate and comprehensive
- The boat is in a satisfactory mechanical state with full fuel and water tanks
- The inventory has been checked and found satisfactory.
The Company reserves the right to decline a booking or to refuse to hand-over a boat to any person who, in their opinion, is not suitable to take charge on the grounds of ill-health, age, disability, inexperience or any other reason which, in their opinion, would lead to a serious risk of accident or damage. In such cases, we will provide a competent skipper at the Charterer’s expense. If the Charterer does not accept a skipper, Charter Fees will be returned in full and the contract over without further liability on either party.

5. DISEMBARKATION
The boat must be returned to the agreed Base of Disembarkation at the time and date agreed, with full fuel and water tanks.
The hirer should plan a great enough margin for the return time to be respected.
Therefore, it is recommended to return the boat at the marina at 17.00 o’clock the day before the charter ends.
It is the responsibility of the Charterer to make allowance for bad weather.
Failure to return the boat on the due date will incur a charge of double daily rate plus any other charges of incidental losses incurred by the company.
The fuel tank and the water tanks have to be filled up before the checkout.

6. INSURANCE
The following insurance will be in full force during the term of the charter :
a) Hull Insurance is provided for total loss or damage to the cruiser and its equipment. Bareboat charterers shall be responsible for the amount of protection provided from the security deposit. The charterer, however, is responsible for any loss or damage or any other liabilities arising out of deliberate acts or negligent conduct by charterer, his or her family, guests and agents, in which event the sole responsibility for the entire amount of the loss or damage would fall on the charterer.
Damages on sails are not covered by insurance.
b) Third Party Liability Insurance
c) Personal Accident Insurance - this insurance does not cover loss, damage or theft of personal luggage or belongings, including any motor vehicles parked at the marina.
The charterer is advised to take out personal travel insurance before the departure.

7. SECURITY DEPOSIT
A refundable security deposit, which amount depends on the class of
the boat, has to be paid before embarkation (cash, credit cards – Visa, Diners, MC, AC).
The deposit has to be paid even when a skipper has been employed to captain the boat.
This deposit can be applied to the repair of damages or loss of equipment caused by charterer or by any of his party. It will be refunded if there is no reason to retain it.
Charterers returning or leaving a boat at a Marina different from the one from which they started – except by prior arrangement made with the  Company – will lose their deposit.

8. ACCIDENTS, BREAKDOWNS AND REPAIRS
In case of any accident or mishap, the Charterer must immediately provide the Base Manager with all details - names and addresses of witnesses and the name owners or charterers- if another vessel is involved. The Base Manager will indicate the next step to be taken. The Charterer is required to complete the accident report form and to have it completed and countersigned by the third party. Particularly, lost dinghies and outboard engines must be reported immediately. Failure to notify the Base Manager of any loss, mishap or accident may invalidate the insurance.
The Base Manager must be notified immediately if any repairs are required. Repairs cannot be handled by other repair shops without the base manager approval. If you have a breakdown of the equipment which unable you to run the yacht and which occurred within the 30 mile radius of the Company base, we will complete repairs within 24 hour after your phone call. If we fail to correct the problem within the 24 hours, you will be refunded on a rate pro-rata to the lost charter time, or you will receive a sailing credit toward your next charter.
All other breakdowns will be serviced, but compensation will not be provided if repairs take more than 24 hours.

9. CHARTERER'S LIABILITY AND OBLIGATION
The Charterer shall pay any additional running expenses not included in the charter price: fuel expenses, tourist taxes and a mooring place outside the marina.
The Charterer shall use the boat for only leisure. Charterer shall not assign this agreement or subcharter without prior written consent of The company. The boat shall not transport merchandise or carry passengers. Who are not notified in the crew list.
The Charterer is explicitly liable for the boat in case any official authority confiscates it, due to inappropriate and illegal actions undertaken during the usage of the boat.
All passengers with the exception of any skipper or cook provided by the Company are considered guests from the Charterer. The last is responsible for his own safety and well-being and all guests.
Charterer shall avoid sailing area designated hazardous and should refrain from night sailing.
Charterer shall comply with all local laws and regulations within the jurisdiction in which the boat may be at the time.
By signing the agreement, the Charterer certifies that he/she is competent to handle the boat and that the Charterer has sufficient practical knowledge of seamanship, unless a Company approved skipper has been employed to captain the boat for the entire charter period.
In accordance with the local laws , the Charterer has to possess a valid license necessary for the navigation (Boat Leaders Certificate) or any other required document.

10. DISPUTES
The Charterer is required to notify the Base Manager of any alleged shortcomings or problems with the boat immediately as they occur. No claim can be considered accordingly to such alleged shortcomings if not notified as aforesaid.
Furthermore the Company will neither investigate nor deal with complaints received later than one week after the termination of the Charter. In case of dispute, The Tribunal of Commerce of the port of embarkation is the only competent authority.

11. CONSUMABLE MATTERS
The charterer pay for fuel engine, lubricant, spark plugs, fuel for kitchen, batteries, port toll right, breakdown service and in general all consumable matter necessary to the running and the maintenance of the boat during the charter period.

12. ANIMALS
Animals are not allowed on board unless there is a prior arrangement.

13. REGATTA
It is prohibited to participate in a regatta with a boat chartered through our company except when there are particular mentions.

14. Personal  information
All customer’s personal data and documents provided to the company will be on a voluntary base and only for the purpose of executing the booked charter. We declare that data will not be shared with any third party for any reason, but only in order to complete the formalities during embarkation and disembarkation.

15.
PMCY Yachts Ltd, the agent of the owner or the agent of the representative of the owner acts in good faith on behalf of the two parts but contracts only as an agent and, therefore, does not carry in an any way the responsibility for the unspecified actions, engagements, negligence or damages of either parts.