Yacht Charter Terms And Conditions
The company Halcyon Daze Pty Ltd, 12 Main Street, Mornington Australia is a provider – a charter agent who mediates and sells through the portal www.budgetyachtcharters.com the rental of boats and other nautical services.
A person using the portal www.budgetyachtcharters.com is a customer – a renter and can be an independent natural person or an authorized representative of a legal entity.
The owner of the vessel/s or the charter provider who is in a contractual relationship with the charter agent Halcyon Daze Pty Ltd. may be a natural person or a legal entity.
The customer – the renter can follow the current offer with prices, conditions and discounts online on the portal www.budgetyachtcharters.com
“Online” means that in real time, the customer – the renter can see a free term for the desired vessel and can also reserve it in real time or send an enquiry.
The offer can be changed daily, as well as discounts and special offers (first minute, last minute, short rentals, special sales, etc.).
The charter agent does not charge any fees and commissions for the services rendered.
3. VESSEL RESERVATION PROCEDURE, PAYMENT, DATA, DOCUMENTS, OBLIGATIONS
3.1. SELECTION OF THE VESSEL – SENDING ONLINE OPTION
When you select a vessel online, your option is reserved for you and during that time, we will send you a pro forma invoice, an offer to pay 50 % of the amount for the reservation, except in the case of last minute offers where 100 % of the amount is paid immediately.
Payment can be made via e-bank or directly through a payment order to our account.
The customer – the renter is obliged to provide and enter the correct data (legal liability!), as we, as a charter agent, pass on these data directly to the charter provider, that is to the legal person or the owner of the vessel with whom you directly enter into a contractual relationship since you are renting their boat . The charter agent is in this part only an intermediary between the customer and the charter provider. You receive an e-mail from us confirming the reservation and the remaining documentation necessary to complete the contract.
3.2. SENDING A PRO FORMA INVOICE FOR PAYMENT OF RESERVATION, A CONTRACT ON THE RENTAL
When you receive a pro forma invoice from us, you must pay 50 % of the amount no later than in 5 days for your option to be confirmed, with which a vessel is reserved for you within the desired period.
With last minute offers or in case the period until the start of the rental is shorter than 5 weeks, you must immediately pay the full amount to confirm the reservation.
For a final confirmation of the reservation, in addition to the payment, we also require the following correct information:
- name and surname/name of legal entity, authorized natural person
- address – street, city, country
- phone number
- e-mail address
- VAT number (VAT ID) for legal entities
- name and surname of the skipper
- license number for operating the vessel, date and place of issue
- license number for operating the VHF GMDSS, date and place of issue
After the payment, we will send you an advance invoice and a contract to sign, as well as the crew list. By filling in, signing and returning it to our address, the contract is concluded.
3.3 CERTIFICATE FOR VESSEL TAKEOVER – VOUCHER
The customer is obliged to settle the remainder of the amount no later than 5 weeks before the start of the rental; for the last minute offers, payment is carried out immediately. When the full amount is settled, the charter agent sends to the customer a certificate for vessel takeover – a voucher with the charter provider. The customer receives the voucher no later than in the week before the start of the rental.
4. PRICE OF RENTAL, INSURANCE, PRICE OF OTHER NAUTICAL SERVICES
The price of rental includes the rental and use of an equipped vessel for a specified period, its insurance against third parties and no-fault insurance at your own participation – caution money. The price does not include fuel, berths in other marinas and anchorages, fees and other potential services.
Other nautical services such as a skipper, a hostess or the rental of certain additional nautical equipment are charged according to the charter provider’s price list, most of which you can already choose in online reservation.
Insurance does not include accident insurance of persons on board, damage to things and objects brought on board as well as damage caused to equipment of the vessel caused by improper use, negligent attitude or the loss of equipment. Such damage shall be charged directly to the customer or the renter of the vessel.
The insurance also does not include damage caused to sails and damage caused by overheating of the engine or because the customer – the renter as the user did not check the oil level in the engine every day.
In the event of damage caused to the rented vessel, to another vessel, an accident or an accident involving injuries, the police, the Harbourmaster’s Office and the head of the charter base must be notified promptly. If the customer – the renter neglects to do so, they may answer themselves and cover the entire damage that resulted from that.
Furthermore, the charter agent and the charter provider are excluded from any liability towards third parties due to an event that is caused by and for which the customer – the renter is responsible. They are also not responsible for any legal or court costs in such cases.
5. SECURITY DEPOSIT AND OTHER MANDATORY COSTS
The customer or the renter of a vessel will have to deposit a security at the takeover of the vessel in the marina – caution money paid with cash or with a card. The security deposit usually depends on the size and the age of a vessel. The security deposit – caution money is returned to the customer – the renter in full amount upon returning the vessel, when the vessel is inspected. The conditions for returning the caution money are:
returning the vessel undamaged in its entirety, including its parts and equipment
fuel tanks must be full (otherwise fuel is charged + the cost of filling it, which each charter provider charges according to its price list)
timely return of the vessel to the base marina
Otherwise, the actual costs incurred with the repair or replacement of damaged parts or lost items and equipment from the vessel are charged from the security deposit. Damage caused by overheating of the engine, failing to check the oil level and other damages to the engine, as well as damage to the sails as a result of deliberate and negligent handling of them are fully covered by the renter himself and are not subject to insurance. Damages are charged upon returning the vessel (check out) and in the event that the costs incurred cannot be calculated, the caution money is kept in part or in full and is charged when all the costs are known and estimated – usually no later than within 30 days.
In the case of a rental with a skipper, the customer – the renter nevertheless puts a security deposit, which does not cover the costs incurred by the skipper’s inattention and bad management of the vessel and equipment. Upon takeover of the vessel, the customer – the renter also pays the following costs:
- tourist tax for adults
- transit log (cleaning costs of the vessel, bedding, gas, underwater inspection of the vessel ...)
The customer – the renter can insure the security deposit with the charter provider if the charter provider enables this option, where the customer must be acquainted with the conditions and obligations of insuring the security deposit. In that case, security does not have to be deposited, but only insurance is paid – an amount that is not returned, however.
6. PROLONGING THE RENTAL
If the customer – the renter wishes to prolong the rental, he must arrange it in advance with the charter provider, where he will rent a vessel, and obtain his consent, depending on the possibilities of other rentals. The customer must also discuss the cost of prolonging the rental.
7. CANCELLATION OF THE RENTAL
If the customer – the renter with his crew, for any reason, cancels the rental or takeover of the vessel, the charter agent shall keep the entire rental amount and charge the customer – the renter for all costs incurred as a result of a possible cancelation of the rental.
If the customer – the renter cancels the rental of a vessel and related nautical services, the following applies:
- if cancelation of rental occurs more than 2 (two) months before the start of the rental term, the charter agent charges and keeps 30 % of the rental value,
- if cancelation of rental occurs up to 1 (one) month before the start of the rental term, the charter agent charges and keeps 50 % of the rental value,
- if cancelation of rental occurs less than 30 (thirty) days before the start of the rental term, the charter agent charges and keeps 100 % of the rental value
In agreement with the charter agent, the customer – the renter may find a replacement for their term under the same conditions as he was subject to, with the same rights and obligations.
If the customer – the renter does not settle the due obligations within 7 days after the expiry, the charter agent may rent out the vessel to another customer – renter and keep all payments that were paid by then. If a partner, a charter provider, has more stringent criteria about cancelling the rental, their general terms and conditions regarding this are taken into account.
8. HANDOVER AND ACCEPTANCE OF THE VESSEL (CHECK IN)
The charter provider will hand over only fully equipped vessels that are technically flawless, with full fuel and water tanks and expects a vessel to be returned in such a condition. The vessel also has all the necessary documents: sailing license, insurance policies, concession, crew list as well as nautical charts and several nautical guides.
The handover and acceptance of the vessel (check-in) is usually on Saturdays between 17:00 and 21:00, except for short rentals and off-season, when it is by appointment. With some charter providers, a priority handover is also possible with prior announcement and most often at an additional charge – as agreed upon.
If the customer – the renter does not take over the vessel within the agreed period and does not inform the provider or come to an agreement with him, the charter provider may invalidate the contract within 24 hours and the vessel is rented out to another customer.
If, for any reason, the charter provider cannot provide the customer – the renter the reserved vessel, the customer must be provided with a replacement vessel of the same or better characteristics, at no extra cost. If this option is not possible, the rental fee is reduced accordingly for each missed day. If no vessel is provided within 48 hours, the customer – the renter may withdraw from the contract. In this case, the rental fee is refunded, but the customer is not entitled to any other costs, compensation or damages, as maximum effort is always invested in order to satisfy the customer – the renter, but sometimes the force majeure is stronger.
The customer – the renter or their skipper is obliged to acquaint themselves with the vessel and its characteristics, equipment, nautical instruments and its operation during the handover. During the handover, a record and an inventory of equipment, all confusions, the lack of equipment, the tiniest damage or any failure of anything is written in the record or it is demanded to be fixed if possible, unless it is insignificant and does not affect crew safety and navigation itself. Subsequent complaints and reclamations regarding the navigability and equipment are not accepted.
Warning! The skipper must have a boat leader licence and a certificate of completing the VHF GMDSS radio operator’s course with him on board. Above all, he must be experienced and must also have practical knowledge and experience; he must be able to organize the crew with regard to untying, sailing out, navigation, sailing into and berthing.
If the charter provider determines that the skipper does not have sufficient experience and knowledge and would endanger the crew, the vessel and other participants and vessels with his actions, he can prohibit the departure and provide an official skipper. The costs and food for the skipper are borne by the customer – the renter in their entirety. If the official skipper is rejected by the customer – the renter, the charter provider may terminate the contract on the rental and retain the entire amount, while the customer – the renter is charged for additional costs incurred.
9. RETURN OF THE VESSEL AND HANDOVER (CHECK OUT)
The customer – the renter is obliged to return the vessel in time to the base marina or to the agreed location (in the case of one direction charter).
The vessel must be handed over and vacated of the crew and things on the last day, no later than at 9 o'clock in the morning. We recommend that you return to your base marina already in the evening before the last day.
The vessel must have full fuel (checked by the meter and a mandatory bill from filling up the tank!) and water tanks. It is necessary to empty all trash cans.
If further navigation of the vessel is not possible for any reason, you must immediately inform the head of the base and indicate the causes.
If it is not possible to return to the base in time (due to poor planning, bad weather or other cause), you should immediately inform the head of the charter provider or base. All the costs of delay are borne by the customer – the renter and are usually charged for each hour of the delay, namely double the amount; the loss of rental, the compensation for other guests, etc are being charged. In short, all costs incurred due to delay are borne by the customer – the renter under the conditions and price lists of the charter provider.
Therefore, we apply to you to plan the route correctly and in a timely manner so that you can return safely and in a timely manner to your base marina.
If the customer – the renter with his crew leaves the vessel without returning it – handing it over to an employee of the charter provider, he risks losing the caution money.
10. RENTAL OF VESSELS WITH A SKIPPER
The hired skipper has a duty to safely operate the vessel and equipment during navigation, sailing out and into a marina. The customer’s – the renter’s crew must participate unconditionally and obey the skipper's instructions, as this is the only way to ensure safe and pleasant navigation. The crew must also comply with the skipper's prediction about the weather and thus the safety of navigation and must not insist against his decisions. Otherwise, the skipper may withdraw from the contract.
11. RESPONSIBILITIES OF THE CUSTOMER – THE RENTER
The customer – the renter undertakes:
- to handle the vessel and equipment carefully and conscientiously
- not to navigate the vessel under the influence of alcohol, narcotics, etc.
- to keep track of weather forecasts and to adapt navigation to weather conditions and the skills of skipper and crew,
- to sail in safe areas and avoid dangerous areas,
- not to sail out if they determine any failure on the vessel or equipment,
- to use the vessel only for their personal use, their own vacation and will not rent it out to third parties or use for lucrative purposes,
- that only persons on the crew list will be on board of the vessel
- to sail only in territorial waters and to strictly obey all maritime and other legal regulations,
- not to participate in regattas with the vessel, unless the charter agent and the charter provider agree,
- not to haul other vessels, except in cases of force majeure or rescue,
- to reimburse the charter provider and the charter agent for all costs and legal costs, claimed by third parties for the improper treatment and damage to these persons by the customer – the renter,
- to take responsibility for confiscation of the vessel by the supervisory authorities for their conduct,
- to notify the charterer provider of any damage and malfunctions to the vessel that occurred during the time of the rental and which would be identified later
- to cover all the aforementioned damage that would be discovered subsequently or would arrive to the base subsequently – e.g. penalties
not to board domestic animals (prohibited!), except by prior arrangement with the charter provider and against payment according to the price list
In the event of a complaint by the customer – the renter, the former is only possible in writing and addressed to the charter agent or charter provider, no later than 7 days after the rental is concluded.
Complaints or misunderstandings will be settled by mutual agreement between the charter agent, the charter provider and the customer – the renter. Complaints may relate to the handover and acceptance record upon return of the vessel, which must be signed by the customer – the renter and the charter provider.
The complaints will be resolved by mutual agreement and for mutual benefit. If this is not possible, the district court in the seat of the charter provider or the District Court in Victoria, Australia where the charter agent is based, will have jurisdiction.