BOOKING TERMS & CONDITIONS
1. INTERMEDIARY ROLE
Nikolas Yachting Ltd., (branded as Aegean Party Life), always acts as an agent for the charter company abroad. For our clients, this means that your contract is always entered into directly with the charter company abroad and not with Nikolas Yachting Ltd.
You acknowledge that as you are entering a bareboat charter agreement directly with the charter company, Nikolas Yachting Ltd. makes no representation regarding the boat’s seaworthiness or the boat’s mechanical/electronics/safety/rescue gear and capability or the quality/availability of the navigation/mechanical/swimming/medical knowledge available on board.
In paying the first down payment, you are deemed to have read and accepted the following terms and conditions. Bookings on charter yachts are subject to the standard terms of the charter company with whom we have booked your yacht charter holiday.
When making your booking, you guarantee that you have the authority to do so and you accept the booking terms and conditions on behalf of your yacht charter party. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. In the event of any significant changes to the prices, the trip itself, or any other arrangements, you will be informed at the time of the booking; you will be no- tified of any other changes as soon as possible prior to departure.
2. BOOKING PROCEDURE
To make a booking, you must complete the online form at www.aegeanpartylife.com. The form must be checked and submitted in order to receive confirmation of booking.
It is the customer’s obligation to check the dates of payment and ensure that their payments have been submitted in accordance with the payment plan. Any delays on the payments may result in cancellation of the booking and payments will not be refunded. Delayed payments may be accepted only if the customer requests an extension to the payment date and receives an approval in writing.
Once you have paid the first payment, the booking will be confirmed and fixed. If you cancel the booking, you will only be refunded if Nikolas Yachting Ltd rebooks the boat with another customer. If you do not make the first payment within 24 (twenty-four) hours after the online booking, the booking will be cancelled and open for bookings by other customers.
Nikolas Yachting Ltd. will receive the gross amount of money (the cost of renting the yacht, plus an admin fee, plus a credit card fee) from the customers and Nikolas Yachting Ltd. will remunerate the charter company, minus the commission.
a. METHODS OF PAYMENTS
The first payment of 50% must be completed with PayPal or wire transfer within the first 24 (twenty-four) hours from the time the booking is made.
The second payment must be done 6 weeks prior to departure.
All pricing is in Euros.
The due date is the day that the payment has been registered by Aegean Party Life. Received payments will be notified by email. If a payment is paid but not registered, it is the customer’s responsibility to prove that the payment has been made by the due date.
The booking will automatically lapse if payment is not received in time. If the payment dates are not adhered to, Nikolas Yachting Ltd. reserves the right to cancel the booking and payment will not be refunded.
4. CHANGES OF PERSONS ON THE TRIP
If an individual who has booked a holiday with Nikolas Yachting Ltd, is prevented from travelling, Nikolas Yachting Ltd will agree to the booking being transferred to another individual who satisfies all the conditions of the holiday, and subject to both persons accepting joint and several liability for full payment of the holiday price and Nikolas Yachting Ltd for confirming the transfer. Nikolas Yachting Ltd has the right to charge for any reasonable additional administrative costs which arise from the transfer. Nikolas Yachting Ltd must be given at least 14 (fourteen) days written notice prior to the departure date of the transfer.
5. YACHT DETAILS
All the yacht specifications, product data and measurements are provided on Aegean Party Life website. The pictures are for general information purposes only. Discrepancies can be possible between the yacht shown on the website and your allocated yacht. This content does not represent or warrant the full inventory of the yacht and are just presented for an overview list.
6. PASSPORTS AND VISAS
You are responsible for ensuring that you possess all the necessary documentation including passports and visas for your holiday. For all destinations, you should consult the appropriate consulate. All trav- ellers must have a valid passport for international travel. Many countries require passports to be valid for 6 (six) months beyond your stay. Visas and entry permits are required for many countries. Pass- ports, visas & re-entry permits are the responsibility and cost of you, the charterer and traveller, – please check with your consulate. For health inquiries you should contact your Vaccination Center or see your Doctor. We recommend that you check travel advisory information on your destinations.
The majority of charters shall commence at 17:00 on Saturday, ending at 09:00 the following Saturday. The charter company requests that the timing details are understood and adhered to. If the customer returns the yacht later than agreed, a penalty charge shall be re- quested and the customer will be liable for all recovery costs.
8. SECURITY DEPOSIT
A Security Deposit is required from all customers to cover the risk of damage to the yacht, loss of equipment or late return. The amount varies according to the charter company, the location and the size of the yacht.
The security deposit is required even if the yacht is chartered with a skipper. In case of personal neg- ligence and/or loss of one or more items of equipment; the customer shall bear all the costs, not the skipper.
There are two ways to settle a deposit:
When using a credit card, the deposit is reserved on your card. Upon the return on the yacht, the reservation on the card is removed so that no money is deducted from your account.
You pay the deposit cash before departure. At the end of the week, the amount will be returned to you.
Nikolas Yachting Ltd acts as an agent for the yachting charter company abroad and therefore does not provide flight inclusive packages. It is your own responsibility to book and commit to the flights. We are not liable for any incidence which may occur that can interfere with your booking with Nikolas Yachting Ltd, and will not refund the booking monies for any missed/cancelled flight. Any arrangements or compensation in the event of a delay or cancellation will be at the sole discretion of the airline you booked with or your personal travel insurer.
10. AT THE SITE
The customer will sign a bareboat yacht charter agreement to hire the yacht with the charter company on arrival at the destination. This agreement will be entered into before the yacht departs from the marina and will be entered into directly between the customer and the charter company.
11. BEHAVIOR AND WAIVER OF LIABILITY
The customer shall acknowledge and accept the customer waiver that will be given and signed on site. If the charterer misbehaves or fails to comply with the local laws and rules, the charter company and/or Nikolas Yachting Ltd will have the right to ask the charterer to leave the flotilla and with- draw the skipper from the yacht, without any reimbursement to the customer.
12. CANCELLATION POLICIES
CANCELLATION OR VARIATION BY Nikolas Yachting Ltd
As the advertising information is necessarily prepared in advance, some conditions may be subject to alteration. Changes may be made before you make a booking. Nikolas Yachting Ltd reserves the right to make those changes should they become necessary to the implementation of the holiday. In these circumstances, we will notify you of such changes prior to confirming your booking.
If major changes that might affect the overall standard of your holiday are made after your booking, you will be notified as soon as is reasonably possible in order to allow you to take the appropriate action, in particular to withdraw from the booking, without penalty or to accept an alternative booking. You are to inform us of your decision immediately.
We guarantee that up to and until 30 (thirty) days before your departure date, the price of your holiday will not be subject to surcharges except for:
variations in transportation costs, including the cost of fuel;
variations in dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports, and that within 30 days of your departure date, the price of your holi- days will not be subject to any surcharges.
We reserve the right to cancel your holiday in any circumstances. If we cancel your holiday, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if one is available. We will always refund the difference in price if the replacement holiday is of a lower standard and price.
The compensation by the company for the non-performance of the contract will not operate where;
the package is cancelled because the number or gender ratio of persons who agreed to take is less than the minimum required, and you are informed of the cancellation in writing within 30 (thirty) days prior to your departure date;
the package is cancelled by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not be avoided even if all the due care had been exercised. These include war, riots, industrial dispute, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions among others.
b. CANCELLATION BY THE CUSTOMER
If you, as the customer, withdraw or cancel the booking with Nikolas Yachting Ltd due to reasons which are your fault or willful decision, you must notify us immediately in writing. Cancellation will be effective on the date at which Nikolas Yachting Ltd receives the cancellation. If you have notified us by email, please follow up to check that the email has been received and acknowledged.
You will only be refunded the money for a cancelled booking if Nikolas Yachting Ltd can find an- other customer who wishes to book the yacht.
Cancelled bookings with Nikolas Yachting Ltd can incur further charges imposed by the charter agencies abroad. Therefore, Nikolas Yachting Ltd shall be entitled to retain as much of the deposit or other payment as is needed to cover the reasonable costs and losses caused by the withdrawal.Nikolas Yachting Ltd will take all reasonable steps to keep its costs and losses to a minimum.
If you wish to make changes to the booking after confirmation, we will do everything possible to com- ply with them. As an agent, we may need to charge additional costs for which you will be responsible.
13. INSURANCE / LIABILITY:
All yachts are covered by hull insurance, the extent to which is dependent on the value of the yacht. Dinghies are not usually covered by the insurance. All charter companies do their utmost to ensure that the yacht is handed over in a swift and timely manner. You should take your time to familiarize yourself with the yacht and check the charter company’s insurance terms for your understanding.
Yachts are placed at your disposal by their owners for your sailing holiday. Responsibility for completing the trip is exclusively yours. During the preparation of your charter, you must take into consideration the weather conditions, as well as the experience of the crew.
In the absence of Nikolas Yachting Ltd breaching the booking contract, this holiday is at the customer’s own risk. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of your breach or default in the discharge of your obligations.
14. TRAVEL INSURANCE
It is a fundamental requirement of Nikolas Yachting Ltd that everyone participating has a personal travel insurance policy. It is your responsibility to buy personal travel insurance. It should cover adventurous activities such as sailing. By booking, you agree that all members of your party will have comprehensive travel insurance for the duration of your trip.
We are not qualified to express an opinion confirming that you are fit to sail. You must not sail if you are suffering any serious medical condition, or have undergone surgery unless you have a medical certificate proving your fitness to sail. You must not sail if you are under the influence of alcohol or drugs.
15. LAWS OF THE COUNTRY WHERE YOU OR YOUR CHARTER YACHT IS LOCATED
No one in your party should commit an act contrary to the laws of the country where your yacht charter is located. You and/or your party will carry full responsibility and answer to the appropriate Authorities.
16. YACHT CHARTER COMPLAINT PROCEDURE
We aim to provide you with the best yacht charter holiday possible, but if a problem occurs you must report it to Nikolas Yachting Ltd as soon as possible, or to the charter company manager or skip- per who will try to resolve it on the spot. If you fail to follow this simple procedure, Nikolas Yachting Ltd and/or the charter company will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on your yacht charter vacation and this may affect your rights under this contract.
These terms and conditions shall be governed by and construed in accordance with the laws of the country in which the Agent has its principle place of business, (Cyprus) and any dispute arising out of or in connection with these terms and conditions shall be referred to arbitration in Cyprus.