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 and extras.

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

FULL COVER INSURANCE / SECURITY DEPOSIT / INSURANCE

If applicable in country of Vessel’s berth location, full cover insurance may be applied. In order to make check-in/out faster and to avoid security deposits the Vessel is fully insured against third party damage, loss or damage of inventory and equipment, loss or damage caused by maritime accidents, natural disasters, lightning strike, foundering, capsizing, grounding, fire, explosion, burglary, theft, collision with a SLY solid or floating object, malicious act of third party and earthquakes. Full insurance does not cover wilful misuse, gross negligence, cost of repair of clogged toilette or refuelling the tank. Unless Full cover insurance is applied, the Charterer lays under commitment to provide a security deposit at the time of embarkation on the Vessel by pre-authorisation of credit card (or in cash, if applicable for specific destination). The deposit shall be terminated in its entirety upon the return of the vessel, unless an existence of a damage or a defect on the vessel or the equipment is found during the handover of the vessel, and unless there are no claims by SLY, filed or announced claims by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself, or existence of other reasons as stated in this Contract, SLY shall retain/charge the amount (a part or the whole deposit), which corresponds to the indemnification or value of repair, acquisition and/or purchasing the equipment or particular part of the vessel. In case the caused damage has the consequence that the vessel cannot be furtherly chartered, Silver Line Yachting has the right to retain the amount corresponding to the loss of profit. Security deposit can be made solely by pre-authorisation of credit card or in cash. The actual amount of security deposit for the type of vessel chartered is stated in the Price List.

The Vessel is insured against third party damage, fire, lightning, explosion, theft or robbery or damage caused by natural disasters, marine and collision risks, and against a SLY loss or damage except equipment expressed in this Contract. Unless the damage was caused wittingly (wilful misuse) or with gross negligence, the financial liability of the Charterer for loss or damage caused by him or a crew-member is limited with the security deposit. The Vessel is insured with the minimal deductible that should correspond to the security deposit amount. Regardless of insurance, the Charterer is also obliged to pay indemnity for all caused damages up to the height of the security deposit. Damages covered by insurance which are not immediately reported to SLY and/or insurance company SLY, will not be acknowledged as per the insurance policy. In this case the Charterer is personally responsible for total damages as a result of not reporting or late reporting of damages. Damage to the underwater part of the Vessel must be followed by Vessel inspection executed out of the water, at the expense of the Charterer, if he is to be held responsible for this damage.

CANCELLATION

If the Charterer who has made a reservation, makes a cancellation more than 121 days prior to embarkation – you will recieve up to 80% of charter value. If cancellation occurs 60 days before embarkation, SLY has the right for the retention of 60% of the charter fee. If cancellation occurs 59 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 family, heavy injury etc.), 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 a SLY other case, SLY is not obliged to return the Charterer amount paid in accordance to this Contract.

FAILURE TO DELIVER

SLY is obliged to make available the contracted, similar or better Vessel, at agreed time and place, and to deliver it to the Charterer. If SLY is late in performing this obligation, SLY will lay not be committed to pay back the amount of the charter price but to deliver the intended experience in the time left within the booked dates. By delivering the Vessel within 4 hours of overdue, SLY is not considered to be overdue. If SLY cannot supply the Vessel or an appropriate replacement (meaning a type similar in dimensions, gear and equipment) and the delay exceeds ¼ 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 not 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 not be refunded as above. No further claims may be raised.

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 all claims arising from the fact that the technical issue happened.

We also reserve the right to recall the yacht due to unexpected circumstances (e.g. severe weather conditions etc.) in which case we may be able to give you options on future charters, extend your charter, or cancel your charter. If we cancel your charter except for reasons beyond our control, you are not able to receive your money back. 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, or a SLY other similar events or unforeseen circumstances that may amount to force major.

SAILING TERMS & USE OF THE VESSEL

Use of Vessel out of coastal waters is allowed only upon relative permit in writing was granted by SLY to the Charterer.

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.

As weather conditions dictate, the Charterer is obliged to promptly reduce canvas and not allow the Vessel to sail under an amount of canvas greater than one ensuring comfortable sailing without excessive strain or stress on rigging and sails; not to sail the Vessel in a SLY area insufficiently covered by the charts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed material provided on board; not to sail the Vessel at night without all navigation lights functioning or without adequate watch on deck.

The Charterer shall perform the control of the oil in the engine on a daily basis.

Charterer shall not leave port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (30 knots) or if the harbour authorities have prohibited sailing or while the Vessel has unprepared damage to a SLY of her vital parts such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc. or if a SLY of the above parts are not in good working condition; neither shall the Charterer leave port or anchorage without sufficient reserves of fuel or in general, when weather conditions or the state of the Vessel or her crew are doubtful.

The Charterer undertakes to be in possession of valid navigation licenses (and, if applicable in the country of berth location of the Vessel, a VHF certificate) or he is obliged to leave the navigation of the Vessel to a crew member that has the relevant permit or license. The Charterer guarantees SLY his own nautical knowledge and competence in that area, both his own and the qualification of his crew, as well as his ability to operate the Vessel safely without regard of weather conditions or a SLY other circumstances, taking over full responsibility for rational exploitation of the Vessel and her equipment.

If SLY comes to conclusion that the skipper or at least one member of his crew do not possess appropriate and necessary knowledge and nautical competence, SLY may make a breach of this Contract at any time without being obliged to reimburse a SLY paid amount or, in accordance with the established competence, he may determine the limits of sailing for the duration of this Contract. SLY has been authorised for making such limitations if weather conditions or some other serious reasons should force SLY to do so. For the reason of establishing the nautical competence of the Charterer and his crew, SLY may organise a shorter common navigation with the Charterer.

If required by the safety reasons, SLY is allowed to require the Charterer and the crew to return the Vessel to the base or instruct them to moor on a specific location.

If the skipper or at least one member of his crew do not possess appropriate and necessary knowledge and nautical competence, the Charterer may use the Vessel as an "apartment accommodation". Boat documents, which have to be on board during the entire time of sailing will not be handed over to the Charterer. In case there is additional marina fees applicable, these should be paid by the Charterer.

SLY is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party caused by the Charterer or members of his crew for the duration of this Contract.

In case of a SLY other unexpected incident, some greater damage or failure, navigational offence or accident, the Charterer is obliged to report it, both to authorised government bodies and the SLY, in the quickest and the most appropriate way and to follow their instructions which are in accordance with operations of a good navigator.

The Charterer is not authorised neither to rent the Vessel to the third party nor to leave it uncontrolled at some place not being safe, nor to haul it up. The highest number of passengers aboard should not be higher than the number as stated in the Crew List.

The Charterer is obliged to observe all navigation rules and orders made by authorised government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report SLY on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to SLY in the same condition in which the Charterer had received her (Vessel has to be properly clean, the equipment has to be arranged, the fuel tank has to be full etc.).

RE-DELIVERY

The Charterer is obliged to return the Vessel to the agreed place (base) one day before the day which is determined as the day of delivering the Vessel, at latest at the time advised.

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. If being overdue, the Charterer is obliged to pay daily charter fee (increased if applicable according to these Instructions and Terms for Accommodation on Silver Line Yachting Vessel) for every started day of being overdue.

If the Charterer will not return the Vessel in agreed time and to agreed place, he will lay under commitment to pay indemnity for every started day of being overdue in a double amount of the daily charter fee. If he does not report SLY about expectations of becoming overdue prior to end of agreed time of Vessel return, indemnity will be enlarged by further 30%.

SLY is also not responsible for postponements or changes of Charterer’s plans caused by bad weather conditions or some other similar reasons.

In case that extremely bad weather conditions will hinder the return of the Vessel in a foreseen term, SLY agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged by 50% amount of the daily charter fee, for every started day of being due with return of the Vessel.

Full holding tanks, lost cockpit or deck cushions and clogged toilet at the Vessel handover will be charged according to Operator’s price list.

MISCELLANEOUS

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. Neither SLY nor the owner of the yacht will be liable to a SLY person for a SLY loss, damage, injury, or death that results from the Charterer’s use of 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 SLY fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for SLY reason whatsoever.

The Charterer will indemnify and hold Silver Line Yachting and the owner of the yacht harmless from and against SLY and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the yacht and related equipment or other inventory by the Charterer or a SLY crew, and from a SLY claims whatsoever from loss or damage to personal property of the Charterer or a SLY crew carried on the yacht or dinghy.

All amounts stated (i.e. Price List, Booking Contract etc.) include the current local taxes, fees and charges. In case of a SLY changes in local tax, fee or other legislation, Silver Line Yachting reserves the right to adjust the prices accordingly. Local taxes, fees and charges are finally charged based on the conditions at the departure date despite of a SLY and all advanced payments.

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 a SLY disputes between the Charterer and SLY, the law of SLY’s country of residence shall apply.

ADDENDUM no. 1 to INSTRUCTIONS AND TERMS FOR ACCOMMODATION ON SILVER LINE YACHTING VESSEL SPECIAL TERMS FOR DESTINATION - BRITISH VIRGIN ISLANDS NAVIGATION LIMITS

Customs and Immigration procedures between the US and British Virgin Islands must be adhered to by the Charterer. A SLY breach of the aforementioned navigation limits shall result in the cancellation of a SLY and all insurance rights. Damage to the Vessel, to property or injury to persons, which occurs when operating the Vessel in breach of these navigation limits, will be the sole responsibility of the Charterer.

If the Charterer is called in with the Vessel due to an approaching storm, days lost will not be refunded or rescheduled at the Charterer’s preference.

Wi-Fi:Internet infrastructure in BVI does not allow the same coverage and internet quality as US and Europe. Coverage can be spotty and particularly affected.

SPECIAL TERMS FOR DESTINATION – GREECE

SAILING AREA: Saronic area is our main sailing area with quick response time in case of required assistance. However, in case of larger distances, like Cyclades, and tougher conditions, intervention time may take longer.

SPECIAL TERMS FOR DESTINATION – CROATIA

SAILING AREA: Dalmatian coast is our main sailing area with quick response time in case of required assistance. However, in case of visiting Montenegro, intervention is not possible at all, and during tougher conditions or for larger distances within Croatia, intervention time may take longer.