Bareboat Charter Terms and Conditions | Medsail Holidays

Conditions of Agreement for Bareboat Charter

The following standard bareboat charter agreement applies between Medsail Holidays AB (the “Owner”, acting directly or through our authorised agents) and the person or party chartering the yacht (the “Charterer”). By confirming a bareboat booking with us, the Charterer accepts these conditions.

The Owner agrees to let on bareboat charter, and the Charterer agrees to charter, the unattended yacht for the agreed period, at the agreed port, for the agreed sum, which are due and payable.
It is also agreed that, according to the yacht's documents, the persons aboard at sea must not exceed the maximum PAX of the yacht selected.
The Charterer is liable, per Clause 3(b), for any damage up to the agreed amount, and is obliged, per Clause 4(b), to leave the agreed amount as a security deposit.
This Agreement becomes binding on the Owner only once the Owner has actually received the payments indicated in Clause 1, in time.
The Owner agrees:
1. To fit out the yacht and hand her to the Charterer, without crew, clean, ready for sea, with all the gear and equipment listed in the yacht's brochure and inventory list, in proper running and seaworthy condition, at the port of delivery.
2. To insure the yacht and her equipment against fire, marine and collision risks and third-party damage, and against any loss or damage in excess of the Charterer's liability — the Charterer is relieved of liability covered by that policy, provided the loss or damage was not caused by gross negligence or wilful default on their part.
3. To make every reasonable effort to deliver the yacht on the agreed date and place; if the yacht is unavailable for any reason, the Charterer may choose to: (i) extend the charter period by the length of the delay, if the following booking allows and we agree; (ii) keep the original end date and receive a refund proportional to the delay; (iii) cancel and receive a full refund, if the delay exceeds one quarter of the total charter time; or (iv) accept a similar yacht that we propose. In any of these cases, neither party owes the other further compensation for the curtailment or cancellation.
The Charterer agrees:
1. To redeliver the yacht at the port of redelivery, cleaned, with all equipment, in the same condition as at take-over. Except where the yacht has become a total loss, late redelivery (including due to weather) is charged as demurrage at 150% of the daily charter rate for each day or part-day of delay. If the yacht is left somewhere other than the agreed place, the Charterer covers the cost of transferring it back, plus pro-rata demurrage, plus any loss or damage not covered by insurance until we take the yacht back.
2. To leave the agreed security deposit with us at take-over, as a guarantee against any loss or damage to the yacht or her equipment not recoverable under the insurance policy, and against any claim under Clause 4(a). The deposit is refunded, subject to the above, after we inspect the yacht, her gear and her inventory.
3. Not to use the yacht for racing or towing other craft (except in an emergency), or for any purpose other than the private pleasure of the Charterer and their party — which must include at least one qualified skipper and one experienced crew member, and no more people than the yacht's documented PAX. Not to carry anyone not on the crew/passenger manifest, take the yacht outside the agreed cruising area, or sub-let the yacht without our written consent.
4. Not to allow anyone aboard to break the customs or fishing laws of any country visited, or to seek or take possession of objects of archaeological nature or value. Any such act terminates this Agreement without prejudice to the Owner's rights, and the Charterer alone bears the resulting responsibility to the relevant authorities.
5. To take every reasonable precaution to avoid needing to be towed; should it become necessary anyway, to notify us immediately or, if that's not possible, to agree the towing price with the other vessel's captain before allowing the tow.
6. Not to leave a port or anchorage against harbour authorities' instructions, or while the yacht has unrepaired damage, a vital system not in good working order (engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment, etc.), insufficient fuel reserves, or whenever weather, the state of the yacht, or the crew's condition make it unsafe to do so.
7. To reduce sail promptly when needed, never to carry more canvas than is safe for the conditions, not to sail in areas not covered by the charts carried onboard, and not to sail at night without all navigation lights working and a proper watch on deck.
8. To plan the itinerary so that the furthest point of the cruise (the turn-around point) is reached within the first third of the charter period, and so that, two days before the charter ends, the yacht is within 40 nautical miles of the return port.
9. To report the yacht's position and condition, and that of her passengers, to us at reasonable intervals, and immediately in the event of any damage.
10. To study any material we provide on handling the yacht and on the cruising area's conditions.
This Agreement is entered into on the basis of the Charterer's declared competence in sailing, seamanship and navigation. Should the Charterer or crew fail to satisfy us in this respect, we may terminate this Agreement or place a professional seaman aboard, at the Charterer's expense, for as many days as we consider necessary for the safety of the yacht and her passengers — any time needed to assess the Charterer's competence counts as part of the agreed charter period.
Delivery of the yacht takes place at the start of the charter period. The time needed to demonstrate the yacht to the Charterer is part of the agreed charter time. Free use of the yacht begins once the Charterer signs the Take-Over form.
Before signing the Take-Over form, the Charterer may inspect the yacht, her gear and her inventory to confirm everything is available and in good working order. Signing the form implies acceptance of the yacht, which then becomes the Charterer's full responsibility — the Charterer has no claim for loss of time or expense from any subsequent accident, breakdown or equipment failure.
After take-over, the Charterer pays for port dues, water, fuel, oils and other stores, and for repairing any damage not due to normal wear, at their own expense and with our prior consent on the repair's technical suitability. For repairs due to normal wear, the Charterer obtains our consent on cost and suitability, keeps the receipts, and is reimbursed by us at the end of the charter.
If any accident or damage occurs, the Charterer must ask the nearest Port Authority to record the damage and its circumstances in writing, and notify us at the same time.
If the Charterer cancels the charter for any reason (other than as covered by Clause 3(c)(iii)) after signing this Agreement, all advance payments made up to the cancellation date are retained by us; we will refund the deposit only if we succeed in re-letting the yacht for the same period on the same terms. If the Charterer chooses to end the charter and return the yacht early, we are not liable to refund any proportional part of the charter fee.
Should the yacht become an actual or constructive total loss before or during the charter, this Agreement ends and the Charterer recovers all charter monies paid in advance — only if the loss occurred before the charter period, or during it provided the Charterer or crew were not responsible for the loss.
Any special provisions set out in the booking confirmation are fully accepted and form part of this Agreement.
Our agents act in good faith on behalf of both parties but contract as agents only, and incur no liability for any act, matter or thing done, omitted or suffered by either party, except as required by applicable legislation.
Any dispute arising from this Agreement is referred to two arbitrators, one appointed by each party, whose decision is final, or to an umpire appointed by those arbitrators if they disagree, whose decision is then final.

Book and Pay Procedure

When you make a booking through our site, you pay a down payment along with the booking confirmation — 50% of the charter price, paid by credit or debit card. The final payment (the remaining 50%) is due 30 days before the day of embarkation, payable by bank transfer; our team will provide the bank details during the booking process.

Once we confirm your request, we will send you the charter contracts for signature. We will ask you to provide:

A copy of your sailing licence, if you are not booking one of our skippers.
Full name, telephone, address and e-mail for each crew member.
Passport or ID.
A crew list.

Once the signed contracts are returned to us, your reservation is considered final.

Sailing Qualifications

Our yachts are chartered bareboat on condition that at least two members of the crew hold a sailing certificate — one certificate is compulsory for sailing in Greece (a VHF operator licence is also required for some sailing areas) — or have sufficient sailing experience, assessed by us via a short resume of your sailing background that we will ask you to complete. If you don't hold a certificate, hiring one of our skippers is always an option.

Security Deposit

Except on crewed charters, we ask bareboat and skippered charterers to pay a refundable security deposit (the amount varies with the size of the yacht) at the time of embarkation, by credit or debit card (Visa, Mastercard or Maestro). The deposit covers any minor damage not covered by the yacht's insurance, and is returned in full on the yacht's safe return. A non-refundable security deposit option is also available.

Insurance

All our yachts are fully insured against damage to hull, gear and equipment, and for third-party liability. Please note the yacht's insurance does not cover your personal belongings or injuries — we recommend arranging your own travel insurance (see “Do you offer cancellation protection or travel insurance?” in our FAQ).

Payment

You can pay by credit card, debit card or prepaid card (Visa, Mastercard, Maestro, American Express, Diners), or by bank transfer. Card payments are processed through our secure payment gateway. All prices are quoted in Euro (€).

Security Notice

All card payments are processed through our secure electronic payment platform, using TLS 1.2 encryption with 128-bit SSL (Secure Sockets Layer). Encryption codes your information until it reaches its recipient, who can then decode it with the appropriate key.

Agreement Statement

By completing a booking, you declare that you have read and agree to these terms and conditions (Conditions of Agreement for Bareboat Charter) as they concern your booking, together with any other costs payable on site (compulsory and optional), and that you have read, understood and accepted the stipulations written here.