1) PRICE, CHARTER BOOKINGS AND TERMS OF PAYMENT

The price for yacht charter  include use of yachts and their equipment according to the current Price list,  usual  services  provided by the Charter base at the time of check- in and check-out , mooring expenses in the registry port. Yacht charter price  does not include fuel, marina and mooring expenses in ports outside the registry port, port taxes and other fees.
After the yacht charter reservation has been confirmed, which is valid only if provided in writing, payment has to be made as follow:

• 50% in the period of 7 days after the booking is confirmed
• 50% not later than 1 month before charter commencement

Taking the boat into possession is effective once full payment has been completed.
If you fail to make the 50% advance payment to the scheduled date after the receipt of dunning letter sent by DML MCPY, the stated company shall be entitled to cancel the booking.

Upon the payment of the 50% booking rate, the Client agrees to these General terms  and Conditions  for Onboard charter service and yacht features.
Additional services  shall charged according to the applicable price list (e.g. transfers from the airport, auxiliary engine, spinnaker, gennaker, one-way deposits, skippers etc.) and they must be confirmed in writing not later than 7 days before the embarkation.
Should the Client request from DML MCPY to engage a skipper and / or a hostess, this must be specified when booking has been confirmed.
The copies of sailing  license must be submitted at the time of booking, and  the crew list will be required not later than one week before the commencement  of charter.

It will be useful to send the notice on the hour of arrival and the flight number should the Client arrive by plane one week before the commencement of the charter period.

2) YACHT CHARTER CANCELLATION

(Notification to Ortsasailing in Writing) Charter Price

• 1 to 45 days prior to departure 100% of total charter price
• 46 to 90 days prior to departure   50% of total charter price
• 91 days or more prior to departure   30% of total charter price

Cancellation of Crew arrangements (Skipper/Hostess): if notice of cancellation is given 1 to 45 days prior to departure 25% of agreed services price is due.

No-Show Cancellation: 100% of all amounts including charter price, mandatory/optional extras and any crew is due.

The Ortsasailing cancellation guarantee: In any event of cancellation, Ortsasailing guarantees that in case the yacht is re-let, for the same charter period and under the same conditions, all amounts received will be reimbursed to Charterer net of a processing fee of Euro 300.

3) DEPOSIT AND INSURANCE

A) DEPOSIT *- Before the delivery of the yacht, the Client is expected to pay the security deposit by credit card (Visa, Amex, Master Card, Diners) in Euro currency.

After completing the charter of clients onboard, the security deposit shall be reimbursed in full, unless any damage on the yacht or damage or loss of any item of the yacht equipment has been found.

Otherwise, the deposit shall be kept in the equivalent value of the repair or the purchase value of the damaged and/or lost equipment.

If a skipper is engaged by DML MCPY, the Client will be required to pay the security deposit.

In that case, the paid deposit cannot be used to cover any damage incurred due to the skipper’s negligence and poor navigation of the yacht and equipment.

B) Should the Client wish to undertake sailing out of the boundaries of the territorial waters of  Greece , he shall be required to inform DML MCPY thereof as soon as possible in order to arrange additional insurance. The Client shall be charged for the said costs and expenditures.

Charterer shall inform about the sailing out of the boundaries of the territorial waters of Greece is to be confirmed in writing timely, but not later than 45 days prior to the starting date of the charter service period.

C) Damage and major breakdown

If during the charter period any damage has been incurred due to normal wear and tear, the Client shall be entitled and obliged to provide any repair up to the value of EUR 150.00, which shall be reimbursed to the Client after the redelivery of the yacht to the base. If the damage cannot be repaired along the way and requires the returning of the sailboat to the base, an early return of the yacht shall be organized in order the yacht can be repaired and timely prepared for the next charter . The Client shall be entitled to the reimbursement proportional to the number of lost days if the breakdown onboard has been incurred due to the fault of DML MCPY otherwise, the Client cannot expect the compensation of costs thereof and he shall be required to compensate any additional costs related to the finding of a substitute yacht.

In the event of major damage and sea damage, loss of the yacht, injury to persons, the Client shall notify DML MCPY thereof and shall strictly adhere the instructions of the representatives of DML MCPY.  The damage that has not been reported shall be considered as caused fully by the Client, therefore, due and payable by the Client.

4) YACHT DELIVERY PROCEDURE (CHECK -IN)

Yacht delivery takes place on Saturday at 17:00 hours
The Client shall deliver a verified original voucher with all the Client’s data and the charter  period along with the original navigation license, to the representative of DML MCPY. The yacht must be delivered with full fuel and water tanks and it is expected to be returned in the same condition as first delivered.

During the yacht delivery procedure the Client will be required to inspect the inventory along with the representative of DML MCPY and confirm the condition of the yacht with his signature. The same procedure shall be referred to the devices onboard. Any  subsequent  complaints  will  not  be  accepted,  provided  that the  good working condition and the full equipment of the yacht have been established and signed during delivery procedure. Any possible concealed defects or deficiencies of the yacht, which could not have been expected by DML MCPY, shall not entitle the Client to claim for the reduction of the charter rate.

DML MCPY may request from the Client to demonstrate by navigating the yacht his/her competency to sail the yacht in presence of DML MCPY representatives. The costs associated therewith shall be borne by the Client and the testing time shall be included in the period of charter on the yacht.

If, after check in procedure, DML MCPY has the the opinion that the Client is not, or may not be competent to be in charge of the yacht, an official skipper shall be engaged and the Client will be charged for his services according to the Price List.

Should the Client refuse to accept the designated skipper, he shall be prohibited to leave the port, the Agreement shall be terminated and the paid charter rate shall be kept without right to compensation of damage.

5) REDELIVERY OF THE YACHT (CHECK – OUT) 

Redelivery of the yacht takes place on Saturday not later than 9 am.
At the time of redelivery of the yacht, the items of the inventory list must be checked as well as the fuel tanks.
If the fuel tank is not full, the Client shall be charged for the missing fuel enlarged for the tank filling, and for a damage up to the sum of the security deposit, if any have been found during the yacht inspection.

Otherwise, the  security  deposit  shall  be returned to the Client. The Client is obliged to return the yacht with emptied holding tanks.

If the yacht is not returned at the agreed destination port, the Client shall pay all the costs for the yacht transfer to the destination port designated hereunder and the penalty, as prescribed, for any delay that may have been incurred.

Any delayed redelivery of the yacht due to weather conditions shall not be acknowledged, for it is necessary to keep the yacht during the last 24 hours of the charter period at an adequate distance from the charter base.

Any delay longer than 1 hour shall be charged at the double rate of the daily charter rate as well as any costs resulting from the inability to deliver the yacht on time to the following Client.

The Client wishing for any reason whatsoever to extend the stay onboard must notify  DML MCPY thereof  in order to check out the further availability of the yacht for charter  and to obtain the necessary documentation (charges for additional days, crew list extensions, registration of foreign nationals at the Police Dept., Tourist Board, etc.).

6) LIABILITY OF CLIENT

The Client undertakes:

• to be capable and competent to sail the yacht (Otherwise, he shall be obliged to accept a skipper provided by DML MCPY according to the Price List)
• to have all original navigation licenses
• not to surrender the yacht to the Third Party
• not to carry persons or goods for commercial purposes
• not to accept more passengers onboard of the yacht than it is specified in the Crew list
• the Client (lease-holder) shall guarantee his being jointly liable for all crew members
• the Client shall keep the Crew list and the residence registration certificate along with the yacht’s documentation for the duration of the charter period
• to notify DML MCPY of any changes relating to the number of crew members or passengers made during the charter period
• to comply with the law of the host country;
• not to participate in competitions and racing regattas without the prior written consent by DML MCPY
• not to operate the yacht under the influence of alcohol or drugs
• the Client shall immediately inform representatives of DML MCPY following their instructions in the event of sea damage or major breakdown
• the Client shall follow the compulsory control intervals of propulsion engine during the charter period
• the Client shall contract the rescue fee before accepting the assistance if any towing services are necessary
• to take all the preventive measures to keep the yacht in the same condition as first delivered to avoid any towing situations
• not to leave the port if the expected wind power is greater than 25 knots, or the port authorities have already issued a prohibition for leaving port
• to plan carefully the navigation route so that 2 days before returning to the port of destination the yacht shall have been located at the approximate distance of 40 NM from the said port
• not to sail at night without the prior written consent by DML MCPY
• in case of rough weather conditions (gale-force wind) he shall notify the representative of DML MCPY of the exact location in order he may receive any needed assistance or to avoid unnecessary and costly yacht search operations
• not to engage in fishing and submarine activities without valid licenses
• depending on weather conditions to avoid unnecessary strain on masts, sails and ropes
• not to embark any pets (dogs, cats, birds, etc.) without the prior written consent by DML MCPY
• to empty holding tanks at the open sea, i.e. on the minimum distance of 1 NM from the nearest land

 7) LIABILITY OF DML MCPY

DML MCPY shall be obliged to deliver the yacht in good working order, cleaned and with full fuel and water tanks. In case of inability to deliver the booked yacht at the arranged time, the Client shall be entitled to request the refund on account of such, as the maximum, 24-hour delay, in the amount equivalent to one day of charter, but in case of any delay exceeding 24 hours the yacht of equivalent or similar features will be delivered to the Client.
Should the Client not wish to accept the substitute yacht, but decides to wait for the delivery of the booked  yacht, he may claim for the sum equivalent to the number of days of the yacht  being unavailable.
Any liability of DML MCPY in excess of the charter rate hereunder is excluded.
DML MCPY shall not be liable for any delay incurred due to the Force Majeure or rough  weather conditions.

8) COMPLAINTS

The Client shall be entitled to file complaints only in writing, signed personally and by a representative  of DML MCPY on the completion date of the charter . The Client may claim for compensation at the time of check-out only with a complaint in writing and appertaining documentation signed by the Client and a representative of  DML MCPY
If requests of the Client cannot be solved at the time of check-out, they are to be submitted in writing within the period of 14 days. Otherwise, they shall not be taken into consideration.

9) JURISDICTION

Any dispute hereunder, which the Parties have not been able to settle amicably, shall be decided in accordance with Greek Law. The court of jurisdiction is the court in Athens.