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ΣΤΟΙΧΕΙΑ ΔΗΜΟΣΙΟΤΗΤΑΣ SITE
Στα ελληνικά:
Επωνυμία: Blueleaves Sailing ΜΟΝΟΠΡΟΣΩΠΗ Ι.Κ.Ε.
Διεύθυνση: ΑΓΙΟΥ ΔΗΜΗΤΡΙΟΥ 41 18546 ΠΕΙΡΑΙΑΣ
Α.Φ.Μ. : 802669909 Αριθμός ΓΕΜΗ: 18059720900
Εταιρικό Κεφάλαιο: 5.000,00 ευρώ
Εταιρικά Μερίδια: : 5.000,00 εταιρικά μερίδια ονομαστικής αξίας 1,00 ευρώ έκαστο
Εταίροι: ALESSIO CONATI Διαχειριστές: ALESSIO CONATI
T&Cs STANDARD CHARTER CONTRACT
Between the Charter Company Blueleaves Sailing m.IKE (“the Company”) and the Charterer
1. Contractual Partners
This Charter Party Agreement (“Agreement”) is concluded between the Charter Company (“Company”) and the Charterer (“Charterer”). It may be facilitated through an Agency acting as an intermediary, which shall bear no liability for the performance of this Agreement.
2. Payment and Cancellation Policy
· Payment Schedule: A deposit is due within three (3) business days of signing the Agreement. The final balance must be paid at least sixty (60) days before the charter start date, unless otherwise agreed. Failure to comply with the payment deadlines shall constitute material breach and shall entitle the Company to cancel the Agreement and retain all sums paid at the moment of the breach.
· Insurance: The Charterer is strongly advised to purchase travel cancellation and personal travel insurance.
· Cancellation by Provider: In case of force majeure, safety concerns, governmental restrictions, or other serious unforeseen circumstances, including but not limiting to any government-imposed restrictions, health or epidemic regulations, pandemics, or travel bans, the Charter Company reserves the right to withdraw from the Agreement, providing a full refund of all monies effectively received at the time of cancellation. Such refund shall constitute the sole and exclusive remedy of the Charterer in respect of such cancellation. Upon payment of the refund, the Charter Company shall have no further liability whatsoever, whether contractual, statutory, or otherwise, including but not limited to claims for damages, loss of enjoyment, emotional distress, indirect or consequential losses.
Cancellation by the Charterer:
a. Cancellation more than 90 days before embarkation: 100% refund of the paid amount.
b. Cancellation between 90 and 61 days: 50% of the amount paid is retained by the Company. The remaining amount may be refunded at the Company’s sole discretion only if the vessel is successfully re-chartered for the same period.
c. Cancellation within 60 days: 100% of all sums effectively received by the Company at the time of cancellation shall be retained. No refund shall be issued under any circumstances. Any refund granted by the Company shall be at its sole and absolute discretion and shall constitute the Charterer’s sole remedy.
d. For the sake of clarity, “amount paid” shall mean exclusively the sums effectively received by the Company at the time of cancellation.
e. Such refund shall constitute the sole and exclusive remedy of the Charterer in respect of such cancellation. Upon payment of the refund, the Charter Company shall have no further liability whatsoever, whether contractual or otherwise, including but not limited to claims for damages, loss of enjoyment, emotional distress, or any indirect or consequential losses.
3. Inclusions and Fees
The charter price includes:
· Professional Skipper services.
· Bed linens and blankets, towels for the guests, cooking gas.
· Final cleaning of the vessel.
The charter price excludes:
· Fuel (Diesel): Charged based on engine operating hours. Consumption is calculated at a flat rate of 2 liters per 30 minutes of engine operation. The price per liter will be based on the most recent fuel supplier invoice.
· Additional Costs: Port fees, mooring fees, electricity and water consumption at marinas, and provisioning (food and beverages). Any other operational costs (kitty), and anything not specifically included is to be borne by the Charterer:
4. Obligations of the Charter Company
Delivery: The vessel will be delivered clean, seaworthy, and equipped with all safety equipment required by applicable Greek maritime regulations.
Professional Skipper: The Charter Company provides a qualified Skipper responsible for safe navigation and technical management.
Vessel Substitution and Technical Failures: If the specific yacht is unavailable due to damage or technical failure, the Charter Company may provide a substitute vessel equivalent in length and capacity, suitable to continue the cruise. If an equivalent substitute vessel cannot be provided within 48 hours, the Charterer shall be entitled to a refund proportional to the remaining unused charter days, calculated on a strict pro-rata basis.
During this 48-hour period, if the original vessel remains habitable (providing power, water, and safe accommodation with the Skipper on board), it shall be considered as provided stationary accommodation at the Charterer’s disposal. Consequently, no refund shall be due for these days, even if the Charterer chooses to stay ashore. Should the vessel be deemed uninhabitable, a pro-rata refund for the waiting period will apply.
In any event, the Company’s liability shall be strictly limited to the refund of the portion of the charter fee effectively paid corresponding to the unused charter period. The Company shall not be liable for any ancillary travel or accommodation costs, indirect, consequential, or non-pecuniary damages, including loss of enjoyment, loss of income, or costs incurred due to substitution, delay, or unavailability of the vessel.
Alternatively, the Charterer may elect to accept a vessel of lower specifications, in which case the Company will refund the price difference.
5. Obligations of the Charterer
· Authority of the Skipper: The Charterer and guests must follow the Skipper's instructions regarding safety. The Skipper has final authority on navigation and safety decisions, and failure to comply may result in termination of the charter without refund.
· Provisioning: The Charterer is responsible for the Crew’s meals on board.
· Prohibited Uses: Private leisure only. No commercial trade, sub-letting, or transport of hazardous materials.
· On-board Care: Guests must treat the vessel with care and wear non-marking boat shoes.
· Indemnity and Responsibility: The Charterer shall indemnify and hold the Charter Company harmless against any civil or criminal liabilities, including reasonable legal costs (both domestic and international), arising from the Charterer’s or guests’ actions, omissions, negligence, or misconduct.
The Charterer shall be responsible for any loss or damage to the vessel, its equipment, or third parties caused by the Charterer or guests during the charter period, except for matters falling under the professional navigational command and technical control of the Skipper.
Nothing in this Agreement shall be construed as transferring the professional maritime command of the vessel from the Skipper to the Charterer.
· Consequential Losses or the non-usability of the yacht caused by the Charterer shall constitute grounds for compensation claims by the Charter Company, including proven loss of income from subsequent bookings.
· Insurance Limitations: The existence of Hull Insurance does not exempt the Charterer from liability for damages not covered by the policy, including deductible amounts, or for damages for which the insurer reserves the right of recourse. This applies specifically to damage caused by gross negligence, willful intent, or failure to comply with the terms of this Agreement.
6. Weather, Safety and Risk
The Skipper is the sole judge of weather conditions. The vessel will not leave port if conditions are deemed unsafe. Likewise, the vessel may not leave port if forecasts predict winds of Force 7 or above on the Beaufort scale, or whenever conditions are otherwise considered unsafe by the Skipper. Weather conditions shall not entitle the Charterer to any refund or compensation.
Assumption of Maritime Risk: The Charterer acknowledges that navigation and participation in maritime activities involve inherent and unpredictable risks, including but not limited to changes in weather and sea conditions, sudden vessel movements, slipping or falling on wet surfaces, seasickness, and other risks naturally associated with sailing.
The Charterer accepts such inherent risks on behalf of themselves and their guests and agrees that the Charter Company shall not be liable for injuries, losses, damages, emotional distress, or non-pecuniary claims arising from such inherent maritime risks, except in cases of proven intent or gross negligence of the Charter Company.
The Charterer further confirms that they sign this Agreement also on behalf of all guests of his/her group and warrant that all guests of his/her group are informed of and bound by the terms of this Agreement, including this assumption of risk. The Charterer acknowledges that failure to follow the Skipper’s instructions may increase inherent risks and agrees that any damage, injury, or loss resulting from non-compliance shall be borne solely by the Charterer.
7. Liability and Insurance
· Liability: The Company’s liability is limited to the extent permitted by applicable law. The Company shall only be held liable for damages resulting from proven intentional misconduct or gross negligence. In no event shall the Company be liable for indirect, consequential, or economic losses, including loss of enjoyment. Total liability shall in any case be limited to the amounts effectively received by the Company from the Charterer.
· Indemnity: The Charterer shall indemnify the Company against claims arising from guests' actions, including fines or penalties imposed by authorities due to guest conduct.
· Any deficiency, complaint, or claim must be reported immediately to the Skipper during the charter period to allow the Company the opportunity to remedy the issue.
Any formal claim must be submitted in writing to the Company within seven (7) days from the end of the charter period. Failure to comply with this procedure shall constitute a waiver of any related claim.
This procedure is in addition to, and does not extend, the absolute statutory time limitation of three (3) months for commencing any legal action as set forth in §8.
· The Charter Company shall not be liable for emotional distress, loss of vacation value, or other non-pecuniary damages, except where such liability cannot be excluded under applicable law.
8. Miscellaneous Provisions & Severability Clause
· Charter Extension and Pricing Corrections: The charter period may only be extended with the prior written consent of the Charter Company.
· Accuracy of Information: All information and descriptions are provided in good faith for guidance purposes only and shall not constitute contractual guarantees unless expressly confirmed in writing.
· Severability Clause: Should any individual provision of this Charter Agreement be or become invalid, illegal, or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. The parties agree to replace any invalid provision with a valid one that most closely reflects the original economic and legal intent.
· Claims against the Charter Company: All claims relating to the relationship between the Charterer and the Charter Company shall be governed exclusively by Greek law.
· The place of jurisdiction shall be the registered office of the Charter Company, and the parties agree to the exclusive jurisdiction of the competent courts of that location.
· Any legal action against the Charter Company arising out of or in connection with this Agreement, irrespective of the legal qualification of the claim (contractual, tortious, or otherwise), must be commenced within three (3) months from the end of the charter period. After this period, all claims shall be permanently time-barred to the fullest extent permitted by applicable law.
· No-Show or late arrival: The charter period shall commence and terminate strictly in accordance with this Agreement, irrespective of the actual embarkation or disembarkation times of the Charterer or any guests. In the event of no-show or late arrival, the Charterer shall have no right to any refund, compensation, price reduction, or extension of the charter period. Embarkation is scheduled for Sunday evening, while departure of the vessel from the port is scheduled for Monday morning, unless otherwise communicated in writing by the Company. Should the Charterer or any of the guests fail to be present at the agreed embarkation time (as described in the Voucher), the vessel shall under no circumstances be obliged to delay departure, particularly where other charterers or guests are on board under a shared itinerary. In such circumstances, the Charterer or the late-arriving guest shall be required to join the vessel at the next scheduled port of call, exclusively at their own expense and under their sole responsibility, without any entitlement to refund, price reduction, or claim for damages.
· Binding Effect on Guests: The Charterer represents and warrants that all guests aboard the vessel have been informed of, understand, and agree to comply with all terms of this Agreement, including but not limited to the obligations, indemnities, assumptions of risk, and limitations of liability set forth herein. The Charterer acknowledges that failure of any guest to comply with the terms may result in termination of the charter without refund, and the Charterer shall remain fully responsible for all acts and omissions of guests.
· Definition of Gross Negligence and Intentional Misconduct: For the purposes of this Agreement, “gross negligence” shall mean a severe or reckless disregard of the most basic duties owed to the Charter Company, the vessel, or third parties, and “intentional misconduct” shall mean any deliberate act or omission intended to cause harm or damage. Liability of the Charter Company shall in no case extend beyond proven gross negligence or intentional misconduct as defined herein.
· Ancillary Costs and Indirect Expenses: The Charter Company shall not be liable under any circumstances for any ancillary costs, including but not limited to flights, airport transfers, car rentals, accommodation, meals, activities, or other travel-related expenses incurred by the Charterer or guests, whether due to vessel unavailability, substitution, delay, cancellation, or any other event. Such ancillary costs shall remain the sole responsibility of the Charterer.