TERMS & CONDITIONS
We are MEDSAIL HOLIDAYS AB (., Flygarvagen 27, 17569 Järfälla-Stockholm, Sweden. Hereinafter referred to as Agency . A contract exists as soon as Agency has received the completed Charter Contract, and/or the full deposit whereupon a booking confirmation will be issued. Notification of discrepancies should be made immediately.
The Charterer must be over the age of 18 years and confirm that he/she and/or the crew members are capable and competent to sail the yacht in the cruising area.
The Cruising Area is within the Turkish territorial waters.
A deposit of 50% of the charter fee will be required at the time of booking. Our confirmation of receipt of your Charter Contract and/or deposit is confirmation of your booking. The holiday cost will not normally be subject to change once Agency has received the deposit. The balance of the price of your holiday must be paid 8 weeks prior to your departure date. If the balance is not received by the due date Agency reserves the right to cancel the holiday, retain the deposit and to levy any cancellation charges. Bookings made within an 8 week period prior to charter must be paid in full at the time of booking.
The Charterer is responsible for additional running expenses occurring during the charter such as diesel fuel, food, pilotage, mooring (except in home port) and docking fees, port charges, cruising taxes and customs. These charges are not part of the charter package.
Once the following formalities have been completed, the charterer is in possession of the yacht, for the agreed dates.
a) Full payment of the charter
b) Submission of crew list and arrival details (no later than 2 weeks prior to charter)
c) Submission of nationally recognized sailing certificate of the appropriate level, or International Certificate of Competence or IYT Bareboat Certificate or RYA Day Skipper Practical.
Obligations of Agency
Agency will provide a navigable yacht equipped pursuant to the laws and regulations in force in Turkey at the specified start time. Agency will issue the boat papers specifying the navigation area, period authorized and boat covered by insurance. Should the specified yacht not be available, Agency reserves the right to substitute with a similar yacht. In the event of the yacht being cheaper/smaller, Agency will refund the price difference or alternatively you may elect to cancel the charter with a full refund. The Charterer shall be entitled to a pro-rata portion of the charter fees covering periods of delay in delivery of the yacht, after an initial period of 12 hours from scheduled delivery time. Alternative accommodation excluding food will be arranged and paid for by Agency whilst the yacht is delayed.
There will be no compensation paid in case of Force Majeure.
Competence of Charterer
Should Agency discover that the client (irrespective of whatever certificates he may hold) is not competent to handle a yacht, Agency reserves the right to terminate this agreement forthwith with no refund of charter fees or, if available, employ a skipper for an additional charge at the Charterer’s expense. The Charterer acknowledges that Agency does not independently investigate the competency of any Charterer to sail, but relies solely on the information provided (Sailing Certificate or Experience Report). The Charterer agrees not to sail the yacht single-handed and to ensure at all times a competent skipper (over 18 years of age) and leading crewmember are aboard except whilst safely moored. Agency reserves the right to terminate the arrangement without liability if the Charterer's behavior (in Agency reasonable opinion) is causing distress, damage, danger or annoyance to the crew, other customers, staff, any third party and property. Agency shall not be liable for any costs incurred.
Obligations of the Charterer
Should the Charterer not be present at the specified date/time due to whatever reason, Agency reserves the right to reset the time of delivery within a 24-hour period thereafter.
The Charterer must examine the yacht prior to departure to determine whether the vessel and dinghy are in good working order, are properly outfitted with all standard safety equipment and accessories as well as any other requested items (inventory). Acceptance by the Charterer certifies that Agency has fulfilled its obligations.
Agency strictly prohibits the use or consumption of illegal drugs on board. Agency shall not be held liable for claims resulting in property damage arising from or related to consumption of alcohol or drugs.
Use of the vessel
The Charterer agrees to take on board the number of passengers stated on the crew list (this must not exceed the maximum number that the yacht is licensed for according to Turkish law). The yacht is only to be used for pleasure. Racing is not permitted except for pre booked events when specific conditions apply. The vessel shall not transport merchandise, engage in trade, nor in any way violate the laws of any other government within the jurisdiction. Rafting to another vessel at anchor is strictly prohibited. Night sailing (between 30min before sunset and 30 min after sunrise) is not permitted. The Charterer agrees to restrict the use of the yacht to the 'cruising area'. It is the responsibility of the Charterer to observe the laws of any country the Charterer visits and to report the arrival and departure of the yacht to the harbour master. Dogs or any other animals are not allowed on any of our yachts. Correct disposal of waste fluids from the yacht is the responsibility of the Charterer, and must be carried out according to Turkish regulations in force.
Redelivery of the vessel
The Charterer agrees to return the yacht fully equipped, clean, refueled and in the same condition as first delivered. The Charterer should allow sufficient time to make this re-delivery taking into account prevailing weather conditions. Should the Charterer be delayed, Agency must be informed immediately. Agency has the right to:
a) Charge a pro rata fee for the time the delivery is delayed plus 25% for any loss that Agency or the Yacht Owner may sustain due to the delayed delivery.
b) Charge for all expenses involved in returning the yacht to the originally agreed port (should the yacht be left at any other location).
The yacht is covered by a standard marine yacht policy against direct physical loss to the vessel, bodily injury, property damage and civil liability. Said insurance is subject to specified deductibles for which the Charterer is responsible. The policy provides full cover for the yacht and 6,000,000 euro third party cover for the skipper and crew. The Charterer and crew remain responsible for loss or damage from negligent or willful misuse of the yacht or failing to adhere to the Agency`s briefing or on board instructions. A supplementary insurance for cancellation is recommended. In addition, the Charterer is encouraged to review his current health and liability insurance to ensure proper coverage during the period of his charter.
Yacht Security Deposit
A refundable or non-refundable payment is required to cover the possibility of damage to the yacht and its equipment including damage caused by you to a third party.
Option 1: Non-refundable Yacht Security Deposit of 10% of the refundable for the first week and 5% for additional weeks per charter will be taken at the time of booking. Please note that option 1 does not include loss or damage to outboard engine and dinghy or parts thereof, and in these instances, the yacht security deposit is not the maximum liability of the Charterer and full repair/replacement value will be due by the Charterer.
Please note: This option must be pre booked at least 2 weeks in advance.
Option 2: Refundable Yacht Security deposit will be taken at the base and the charter party will be responsible for the costs of any damages to the yacht and fittings and ancillary items up to the value of the yacht security deposit. This can also be paid with a credit card (Visa/MasterCard only) where the value will be blocked on the card and released after the charter.
Please note the yacht security deposit does not cover any acts of gross negligence, sailing under the influence of alcohol or drugs or taking the yacht single- handed and in these instances, the yacht security deposit is not the maximum liability of the Charter.
In the event of damages, collisions and loss of equipment, the Charterer must take all reasonable steps to minimize further loss. The incident must be reported immediately to Agency.
The Charterer must promptly report the incident to the local authorities of any damage or loss to people or other property. In the case of an emergency (i.e. a situation that is likely to cause injury or damage the yacht) the Charterer should contact the Agency base and agree on the price to be paid including for a tow. Failure to comply with these terms may void the insurance coverage and the yacht security deposit.
The Charterer must notify Agency about any visible damage to the yacht prior to embarkation. The Charterer must immediately notify the Agency base of any shortcomings, problems or deficiencies during the charter so that remedial action can be taken. If the complaint cannot be resolved locally, the complaint should be given in writing within 14 days following the end of the holiday. Agency will reply within 28 days. Under no circumstances will the level of compensation exceed the charter fee paid to Agency. Any dispute arising from this complaint that cannot be resolved to the satisfaction of both parties will then be referred to arbitration.
Cancellations must be made in writing, by the lead party name, and received by Agency prior to the start date. The date received by Agency office will be the date used to determine cancellation charges which are levied on the following scale: Up to 60 days before departure loss of deposit. 60 to 30 days before departure 40% of holiday cost or loss of the deposit whichever is the higher. 29 to 15 days before departure 50% of the holiday cost. 14 days prior to departure day 100% of the holiday cost. Should the Charterer need to make a change to the booking after confirmation has been sent, e.g. yacht dates, crew changes, before the 8 week final payment period Agency reserve the right to make an administration charge of 75 Euros. If you request any major alterations during the 8 week final payment period it will be treated as a cancellation and re-booking. Any alterations should be made in writing.
Amended 16/03/2020 and 10/11/2020 until further notice:
Following the worldwide situation occurring with the spread of CORONOAVIRUS (COVID-19), we inform you that Agency will adapt our Terms and Conditions accepting the postponement of a charter.
This will not incur any administration fee and will be applied for documentable reasons:
• Border closure (either by Turkey or the country from which clients are departing)
• Total or partial flight cancellation
For charters already booked you may change your dates as long as the departure remains in 2021 or 2022. Whilst the percentage discount/s on the original booking will be honored, if the rescheduled booking is more expensive, the price difference will be charged
No sailing experience is required if you book a skipper for the whole duration of your charter. One of your cabins must be allocated to your skipper. Meals and refreshments for the skipper is the responsibility of the Charterer during the charter period.
Governing Law and Venue
Turkish Law will govern this agreement and the Turkish courts will deal with any disputes.