Terms & Conditions

INSTRUCTIONS AND TERMS FOR ACCOMMODATION ON SILVER LINE YACHTING VESSEL

These instructions and terms for accommodation on Silver Line Yachting Vessel, together with Booking Contract (if applicable), Invoice and Boarding Pass will be referred to as Contract, Silver Line Yachting and/or other operator will be known as SLY, the chartering party will be known as Charterer and the yacht as the Vessel. This Contract is valid under the following conditions:

• 1)  The Charterer will hire a Vessel equipped in accordance to the laws and rules of berth location of the vessel and SLY yacht charter standards. If applicable in specific destination, the equipment list is an integral part of this Contract and it will be signed by the involved parties on the occasion of taking over and returning of the yacht (check list).
  

• 2)  The Charterer will pay the agreed charter price.
  

• 3)  The Vessel can be exclusively used for personal purposes, such as cruising and similar and therefore must not be used for a any other commercial or similar purposes.

4) FULL COVER INSURANCE / SECURITY DEPOSIT / INSURANCE

In country of Vessel’s berth location, full cover insurance is applied however excludes all personal affects. Personal effects are not covered by full insurance and no claim may be made against SLY for loss or damage to personal effects.

5) CANCELLATION

If the Charterer makes a cancellation more than 135 days before embarkation, a cancellation fee of 5% of the charter fee applies. If cancellation occurs 119 to 65 days before embarkation, SLY has the right for the retention of 50% of the charter fee.

If cancellation occurs 64 days or less before embarkation, SLY has the right for the retention of 100% of the charter fee. If the cancellation is due to objective reasons (death in the family or charterer’s heavy injury), paid price will not be paid back, but SLY will give the Vessel at the Charterer's disposal in another free period of time or within the next sailing season, but in this case SLY has the right to charge Charterer with administration and other objective costs. In any other case, SLY is not obliged to return the Charterer amount paid in accordance to this contract.

6) FAILURE TO DELIVER

If  SLY cannot supply the vessel or an appropriate replacement (meaning a type similar in dimensions, gear and equipment) and the delay exceeds 25% of the total charter time or a maximum of three (3) days, the Charterer has the right to withdraw from the Contract. In this case payments already made will be refunded to him. No further claims may be raised.

If it is an established fact before the start of the charter that neither vessel nor replacement will be available on the agreed date, SLY shall be obliged to inform the Charterer as soon as the former knows the facts. In this case both parties may withdraw from the Contract before the assumed start of the charter. Payments made by the Charterer will be refunded as above. No further claims may be raised.

In case of cancellation of this contract by SLY, he/she will be due to pay back the total amount paid by the Charterer.

However, regardless of possible reasons and height of possible damage, the responsibility of SLY towards the Charterer is limited to the amount of the paid charter price.

In case that there is a technical issue during the charter period that detains the Charterer in using the Vessel, SLY will solve it within 24 hours from the moment when the complaint was made. Solving the complaint within this period releases SLY from any and all claims arising from the fact that the technical issue took place.

SLY also reserves the right to recall the yacht due to unexpected circumstances (e.g. severe weather conditions etc.) in which case we may give you a credit certificate for use on future charters, extend your charter, or cancel your charter. If we cancel your charter except for reasons beyond our control, you are entitled to receive a full refund of all monies paid.

Notwithstanding the foregoing, no refund or compensation will be paid if your charter is cancelled due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not be avoided even if all due care had been exercised; such as (by way of example and not by way of limitation) war, riots, civil disturbances, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested ports, hurricanes and other actual or potential adverse weather conditions, flood, epidemics, health risks or pandemics or any other similar events or unforeseen circumstances that may amount to force majeure.

7) SAILING TERMS, USE OF VESSEL

The Charterer is obliged to provide name, surname, date of birth, place of birth and passport number of all crew members on time, as advised by SLY.

All parties to this agreement agree and accept that sailing can be a hazardous activity. The captain will exercise a duty of care towards the vessel and crew, however the crew must take responsibility for their own actions and must at all times act in a manner that will not endanger themselves, other crew members, or the vessel.

SLY confirms that the vessel is suitably equipped and will be effectively crewed for the intended voyage. The captain confirms that he will provide a full safety briefing to everyone aboard.

The captain confirms that a lifejacket is provided for everyone aboard. It is inherent in the nature of the captain/crew relationship that the captain must exercise authority in order to maintain the safety of the crew and vessel and to preserve the success of the voyage.

8) RE-DELIVERY

The Charterer and his crew are obliged to leave the Vessel and empty the Vessel from their belongings, not later than the time provided in Boarding Pass and/or other documents.

9) MISCELLLANEOUS

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, SLY shall only be liable for direct damages actually suffered, paid or incurred by the Charterer, crew or the passengers, due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation. SLY will not be liable to any person for any loss, damage, injury, or death that results from the Charterer on the yacht. SLY makes no representations other than those contained in these terms and conditions and written materials provided as part of the booking procedures. SLY will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason whatsoever.

The Charterer will indemnify and hold SLY harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the yacht or dinghy/tender.

All amounts stated (i.e. Price List, Booking Contract etc.) include the current local taxes, fees and charges.

10) ARBITRATION & LAW

All disputes between Charterer and SLY have to be settled directly between these two, in English language. If arbitration or court proceedings are required, the place of jurisdiction is the berth place of the Vessel. For any disputes between the Charterer and SLY, the law of SLY’s country of residence shall apply.