General Terms and Conditions of Dream Yacht Worldwide

Payment schedule.a. Initial Deposit:
– 30% of the charter fee, which confirms booking;b.
– Remaining 70% of the charter fee and payment for any add-on options due 60 days before embarkation.

2.5. Boat delivery

DYC will deliver the boat to the lessee only under the following conditions:

a) After full payment of any balance or security deposit owed by the lessee.

b) Signature by both parties of the contractual declaration of delivery of the yacht (inventory) specifying the condition of the yacht and equipment.

c) Delivery by the lessee of the following documents:

– Copy of the lessee’s ID card or passport.

– Copy of the navigation licence.

– List of crew members of the charter with names and addresses.

d) In case DYC notices that the sailing experience of the hirer and his crew is deficient, DYC is entitled to terminate this contract and retain the rental amount and options, or, if a skipper is available to take him on board for as long as DYC deems necessary for the safety of the boat and its passengers. The skipper’s fees shall be borne by the lessee. The lessee may not dismiss the skipper before the end of the charter, except with the consent of DYC. If no skipper is available for hire, the hirer shall be allowed to use the boat moored at the quay.

e) Occasionally, operational reasons may require the replacement of your initially booked boat and DYC reserves the right to provide an alternative boat. If your boat changes after booking, you will be notified as soon as reasonably possible. You will be offered a boat of equal or greater size/specification and will not be additionally charged the difference if you upgrade to a higher boat category. If the only alternative boat available is cheaper, you are entitled to a refund of the price difference.

2.6. Boat return

a) The vessel shall be returned to the final port on the date and time specified on the charterer’s invoice.

b) If the return of the Vessel is delayed due to force majeure as defined below, the reshipment shall be affected as soon as possible thereafter and in the meantime the terms of the Agreement shall remain in force, but without penalty or additional charge against the Charterer.

c) In the event of delay in return, the Charterer agrees to pay DYC the pro rata freight rate plus 50%. Any day started beyond the charter period is considered a full day. If the Charterer abandons the Vessel at any place other than the specified final port, the Charterer agrees to pay DYC all costs and fees incurred to return the Vessel to the specified final port, as well as a pro-rata compensation of the charter rate for the number of days required to sail the Vessel back to base. Abandonment is defined as leaving the Vessel for more than a 12-hour period.

d) If the Charterer fails to return the Vessel to the Owner at the final port of rerouting due to an intentional delay or change of itinerary, Charterer agrees to pay DYC the pro-rata charter rate plus 50%. Any day starting beyond the charter period is considered as a full day. If the delay in re-shipment exceeds twenty-four (24) hours, the Charterer shall be liable to indemnify the Owner for any loss or damage suffered by the Owner by reason of deprivation of use of the Vessel or cancellation or delay in delivery by virtue of any subsequent charter of the Vessel.

2.7. Representations and warranties of DYC

a) DYC represents, warrants and undertakes that at the time of delivery, the vessel will comply with all applicable laws and regulations of the vessel’s flag state and of any country within the cruising area, including but not limited to the laws and regulations governing charters and any documentation, registration, law or customs regulations, so that the vessel may be lawfully used by the Hirer as hereinafter provided, and that DYC undertakes to deliver to the Charterer a vessel in good working order.

b) The check-in for delivery and explanation of the boat will start at the time the charter begins. The hirer is free to use the boat as soon as he has signed the handover summary and received all boat documents.

c) On the first and last day of the charter, a free mooring is offered at the home port of the boat.

d) DYC considers the generator set of the air conditioning as auxiliary equipment, considering the value of this generator set, or inoperable air conditioning is $ 600 or 500 €, as well as the bow thruster is $ 300 or 250 €, per rental, and will refund the amount of this nominal value pro rata in case of inoperability of any of these items.

e) A water maker is considered to be in good working order when operated in accordance with the manufacturer’s guidelines; however, when operated incorrectly, it is likely to fail and be unusable for the remainder of your charter trip. Make sure you are familiar with the correct operating procedures before you start using it. If for any reason the water maker fails during your trip and our technical team is unable to resolve the problem, please retain receipts for water refuelling during your charter and you will be reimbursed on departure (only the cost of water will be reimbursed, not berthing, fuel or expenses such as ice).

f) DYC will undertake to respond to any claims received no later than 1 month after the return of the Charter.

2.8. Representations and warranties of the lessor

If the lessee (or a crew member) is to operate the vessel, the lessee represents and warrants that the lessor is experienced, licensed, if applicable, and competent in the handling and operation of the vessel of the type mentioned in this agreement and that the lessor has sufficient practice and knowledge of seamanship, pilotage and navigation rules to exercise full authority over the vessel.

The lessor shall allow the vessel to be operated during the rental period only by persons qualified to do so. The lessor shall promptly complete the “Sailing Curriculum”, which is available through the quick links provided and the lessor’s online booking system.

2.9. Lessor’s obligations

a) At check-in and prior to signing the inventory checklist, the lessor will verify that the vessel and equipment are in good working order and to a minimum standard. At this time, the Hirer may note with DYC anything he believes to be contrary to or below the standards set out in his invoice. Acceptance by the Hirer certifies that DYC&’s obligations for delivery have been fulfilled.

b) Upon delivery, the Lessee and his crew are fully responsible for the vessel and for any property damage or injury to persons that may occur, including third parties. In the event that DYC has provided a skipper, the Lessee remains responsible for the vessel and the behaviour and well-being of the crew.

c) The Lessee agrees to be responsible for all crew and passengers on board and binds the crew and passengers to the terms set out herein.

d) The Lessee shall be responsible for all maintenance of the boat during the charter and shall pay all running costs incurred after delivery of the boat, such as mooring fees, local taxes, gas oil, water and food. If outside assistance is required due to problems with the boat, the Lessee shall immediately notify DYC before incurring any such expenses, unless the delay poses a risk of personal injury or major property damage. Renter shall keep all invoices and receipts relating to repairs which DYC will reimburse on the return day, or as soon thereafter as possible. The Lessee shall take all reasonable steps to prevent the towing of the boat by another boat. However, if it is necessary to tow despite all reasonable efforts, the Lessee agrees to negotiate and fix the price of towing with the captain of the other vessel before operating.

e) In the event of an accident involving another vessel, the Hirer shall immediately contact DYC and follow DYC’s instructions, regardless of whether the Hirer has damaged the DYC vessel and/or another vessel.

f) The Hirer agrees to carry only the number of passengers permitted by the vessel’s safety rules. The Lessee agrees that he/she will not transport goods or passengers in exchange for payment or perform any other commercial activity, such as professional fishing. It is forbidden to lend or rent the vessel.

g) The Lessee agrees to use the vessel as a responsible person and to comply with all laws of the islands, including regulations in relation to fishing and deep-sea fishing. The Lessee shall hold harmless DYC from and against any and all claims and legal actions arising in connection with this Contract for failure to comply with those rules and regulations.

h) The Hirer acknowledges that vessels may only participate in certain regattas approved by DYC. Participation in a regatta may be subject to a surcharge and increased security deposit. Participation in regattas not approved by DYC is strictly prohibited.

i) The boat must be returned with all equipment on board in the same good condition as at departure, in good clean condition and in the finish date, time, and final port as stated in the contract. If the boat is returned without a full tank of fuel, a charge of 100 € / 110 US$ will be made in addition to the cost of fuel.

j) The Lessee agrees to pay for any loss or damage not covered by insurance that may occur on or to the vessel until its return. The Lessor remains fully responsible for the vessel until the signing of the return counter inventory and final disembarkation.

k) The Lessee agrees to stay within the approved cruising area as provided by DYC and/or by law. The Lessee agrees not to leave the port or mooring in winds above force 6 or if this wind force is forecast, or if the port authorities have prohibited any navigation, if the vessel is damaged and not repaired, or if any vital equipment such as engine, sails, rigging, bilge pump, navigation lights, mooring tackle, compass or safety equipment are not in good condition, as well as if the fuel reserves are not sufficient, if, in general, the weather, the vessel or the conditions of the crew endanger the vessel or the entire crew. The Hirer agrees to follow any navigation and routing instructions that DYC may give him especially in the event of bad weather.

l) The Hirer agrees not to sail after dark. The Hirer agrees to include in the daily log entry to          include the port of destination, the vessel and the condition of the crew, any crew changes, successive positions/locations, weather conditions, sails used and engine working hours.

m) Any likeness or image of you or your party on board your boat chartered with insurance during your charter may be used by DYC free of charge in all media for bona fide promotional or marketing purposes, including but not limited to promotional materials of any kind, such as brochures, slides, video programmes, advertisements, and the Internet.

Note: Please note that charters of less than 9 days and departing from the Côte d’Azur are not authorised to sail to Corsica. Charters of less than 15 days are not authorised to sail more than 200 nautical miles from the departure base, unless previously agreed with the base manager.

2.10. Security deposit – Deduction from the security deposit

The operator has taken out insurance cover for the Lessee’s boat and the charter client against all accidental damage including damage to third parties. However, theft or loss of personal belongings of the charter client as well as all persons on board, as well as all accidents of which they may be victims, are excluded from the scope of this insurance.

In the event of any damage, including damage to third parties or theft, the Chartered shall submit a sea report, including, if necessary, a statement with the response of that third party and with full contact details of the third parties and their own insurers, and shall notify the operator immediately. Failure to do so is covered by the provisions of Article 13 “Voluntary non-compliance”.

The insurance cover taken out by the operator includes an excess deposit to be borne by the charter client. The latter therefore remains his own insurer for any loss or damage of any kind, including to third parties, not covered by the insurance, up to the amount of the deposit specified in the special contract conditions.

The charter client can ask Dream Yacht Charter for a reduction of this deposit by means of additional optional contractual fees: this extra is mandatory for a skippered charter and in some destinations, indicated in the booking confirmation.

In all cases, a minimum-security deposit as defined by the specific contract conditions will remain the responsibility of the charter client. The operator will not be required to provide the charter customer with a replacement boat or to pay any compensation in case of immobilisation of the rented boat following accidental damage during the charter.

2.11. Contract cancellation and changes

a) If the renter cancels more than 60 days before the start of the original rental, the 30% deposit will be forfeited. If the renter has already paid for additional options, DYC will reimburse the renter for these costs.

b) If the renter cancels 59 days or less prior to the start of the original rental, the full rental fee paid to date will be forfeited. If the renter has already paid for additional options, DYC will reimburse the renter for these charges, unless the cancellation occurs within seven days prior to departure. If within seven days, the additional options payment will not be refunded.

c) The Hirer has the option to take out travel insurance to cover any loss of the Hirer in maintaining the rental if cancelled prior to departure.

d) Changes to the dates and/or boat booked are subject to the prevailing prices

2.12. Force Majeure

a) DYC shall not be liable for any loss, damage or delay or failure in performance hereunder resulting from any force majeure event, including, without limitation, acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or differences with labour, acts of the public enemy, federal or state laws, rules and regulations of any governmental authority having or asserting jurisdiction over the premises or of any other group, organisation or informal association (whether or not formally recognised as a government), and any other cause beyond the reasonable control of DYC which makes the continuation of operations impossible.

b) In the event of a delay or failure in performance based on one of the events described above:

• All payments made for the rental will be used as credit towards a future rental. No refunds will be provided.
• DYC will work with the Renter to book a new rental of a different vessel that is agreeable to the Renter, at a new location or on new dates, or both, based on availability and the Renter's preference. If the parties are unable to book a new charter at that time, the Lessee's deposit will remain as a credit with DYC and will never expire.
• DYC shall not be liable for any additional costs incurred by the Renter as a result of changes to their charter due to a force majeure event.

2.13. Additional delays

a) If on the departure date, the chartered vessel or equivalent is not available for a reason other than a force majeure event, the Charterer is entitled to the following options, if possible:

• When available, delay departure date and maintain charter duration.
• Maintain the end date of the charter on the invoice and the Chartered obtain a refund for the time the vessel was unavailable on a pro-rata basis of the charter fee.
• If the delay exceeds one quarter of the rental period, the Lessee may cancel the contract with DYC and receive a refund for the rental fee.

b) Renter waives any and all claims, damages, debts, liabilities, demands, claims, costs, expenses, interest, demands and/or attorney’s fees as a result of a delay in the charter.

c) Any charter interrupted or shortened, any service not used by the Lessee, for any reason whatsoever, is non-refundable.

2.14. Maritime liens

The Lessee shall not incur or permit any maritime lien, salvage or debt on the vessel or on the credit of DYC. The Lessee shall not abandon the vessel or enter into any salvage agreement without the prior written consent of DYC. The Lessee shall indemnify and hold DYC harmless from any liability for any maritime lien, salvage or debt arising on the vessel or to the credit of DYC as a result of any act or omission of the Lessee.

2.15. Voluntary breach of contractual provisions

The charter client or his crew who wilfully breaches any of the specific or general provisions of this contract shall be liable for, if this results in proven damage to Dream Yacht Charter:

a) Damage not covered by the insurance contracted by Dream Yacht Charter, even in case of total loss of the boat,

b) Tripling of the contractual deposit with cancellation of the contractual reduction possibilities of the latter in case of damage by the charter customer.

1. These Terms & Conditions contain the entire agreement between Dream  Yacht Charter (“DYC”) and the individual(s) intending to charter the vessel (“Charterer”), (collectively “the parties”), for a cabin charter from DYC with respect to the rights and responsibilities of all parties. Notwithstanding the above, the parties, the Vessel, the period and the price are stipulated in the invoice provided separately. By paying the deposit on the proposed charter, Charterer agrees to the conditions contained herein.

 

2. All reference to “Charterer” shall include all passengers, including minors, who shall accompany the individual entering into this agreement. The number of passengers shall be provided prior to booking, and a full Passenger List shall be provided at Embarkation (see Section 4 below).

3. Payment schedule.

1. Initial Deposit: 30% of the charter fee, which confirms booking

2. Remaining 70% of the charter fee required 60 days before embarkation.

• Charterer shall be permitted to board and embark on the scheduled charter only under the following conditions:

1. Full payment of any balance due from Charterer; and
2. Completed Passenger List with name, passport number and Date of Birth of all passengers.

4. The Charter – What to Expect.

4.1. The bathroom is composed of a sink, a shower, with mixer hot and cold water, mechanical or electric toilet. Check with your booking agent regarding the availability of air conditioning on your Vessel.

4.2. The allocation of accommodations is done in order of booking, unless specific request is made at time of booking and that cabin is available at that time. Any specific cabin requests shall be made in writing to DYC and DYC has sole and absolute discretion to honor any such request.

4.3. The charter fee includes food, cleaning of common areas only, cruising taxes, and all expenses related to the running of the vessel including the use of sports equipment on board except as noted below.

4.4.  The day of departure and return are included in the duration of the trip provided in the quote by DYC. The first and last days of the charter are typically shorter than a full day and no refunds will be provided.

4.5. The charter fee does not include the rental of sports equipment not inventoried by the vessel, off-vessel excursions or meals and drinks, access to WIFI or phone services, nor does it include optional crew gratuities.

4.6. The Vessel does not provide games, media or other entertainment devices.

4.7. If the Vessel has air conditioning installed, the standard hours of operation for air conditioning aboard our worldwide cabin cruise program is from 8 am to 10 pm. Air conditioning is not operated outside of these hours as standard to keep generator and associated noise to a minimum. The Generator and Air Conditioning can be run outside of these hours only with the written consent of all passengers on board. By agreeing to the use of Air Conditioning outside of these hours you are waiving all rights to any claim as a result of noise on board associated with the air conditioning and generator during the night.

4.8. The Shipowner cannot guarantee the comfort of the Passengers in case of bad weather conditions, the Captain may have to modify the circuit in order to avoid as much as possible sailing in notorious discomfort conditions.

5. Add-On Options.

5.1. Bar and beverage inclusions and exclusions vary by destination. Please confirm the terms with DYC prior to Embarkation.

5.2. Excursion packages are available in some destinations for an additional fee.

5.3. Charterers are able to add on airport transfers for an additional fee. Contact DYC for more information.

6. Warranties and Procedures of DYC 

6.1.  DYC represents, warrants, and covenants that, at Embarkation, the Vessel will comply with all applicable laws and regulations of the Vessel’s flag state and any country within the Cruising Area, including, without limitation, any laws and regulations governing charters and any documentation, registration, or customs laws or regulations, such that the Vessel may lawfully be used by the Charterer as provided hereunder. DYC agrees to deliver to Charterer a boat in good working order.

6.2. DYC reserves the right, at its sole and absolute discretion, to assign a different Vessel for the cruise providing accommodation of similar size and comfort, with the same or similar amenities. Cruises are typically operated on catamarans from 54 to 62 ft accommodating 12 guests. In the case of an allocated yacht or yachts being significantly smaller the number of passengers accommodated on board each vessel will be reduced accordingly

6.3. Should any excursions or other add-on services offered by DYC be unavailable at the time of the Charter, DYC will endeavor to provide replacement excursions or other add-on services up to the standards of the Charterer for no extra cost to the Charterer. Should DYC be unable to provide replacement services up to the Charterer’s standards, DYC shall refund the Charterer the full value of the excursions or other add-on services. This provision does not include the unavailability of the charter itself, which is addressed below.

7. Responsibilities of Charterer 

7.1.  At check-in and prior to signing the Safety briefing check, Charterer will check that accommodation and equipment is in good working order and up to minimum standards. At this time, Charterer can note with DYC anything it believes contrary or below the standards as set forth in the invoice. Acceptance by Charterer certifies that the obligations of DYC for Embarkation have been fulfilled.

7.2. Baggage is limited to bags or suitcases that can be stowed in the cabins. No additional storage space is offered.

7.3. Charterer is solely responsible for all personal items, tangible and intangible, brought on board the Vessel. Charterer must be very vigilant with electronic devices, telephone, camera, camera, computer, in particular provide waterproof covers when they board a Vessel. DYC advises against bringing valuables or large sums of cash and declines any responsibility in case of theft, damage or loss.

7.4.  Charterer agrees to be responsible for all crew and passengers on under their reservation as the party lead on board and binds crew and passengers to the terms provided herein. If children are taken on board, the Charterer shall be fully responsible for their safety, conduct and entertainment and no member of the crew shall be held responsible for their safety or entertainment. Solo sailing (single-handed) is not allowed by Dream Yacht for bareboat charter.

7.5.  Charterer shall inform DYC at least two weeks prior to Embarkation of any food allergies or dietary requirements and DYC will do its best to accommodate the request.

7. 6.  The Charterer agrees to prohibit the use or possession of any drugs or illegal substances on board the Vessel by any members of his party and will be fully responsible for any loss or damage to the vessel due to any violation of Customs or applicable Drug Acts. If such substances are used by or found in possession of guests, the Captain will put the guests ashore at the next port of call without refund of any charter fees.

7.7. Charterer agrees to carry only up to the number of passengers required by security rules of the boat.

7. 8. Any likeness or image of you or your party aboard your chartered Vessel secured during your charter may be used by DYC without charge in all media for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows, advertisements and the internet.

8. Rights and Responsibilities of Captain and Crew. 

8.1.  The Captain has the final authority to determine whether any guests above the number of guests previously identified should be permitted on board for any length of time.

8.2. Without prejudice to any other remedy of DYC, if, in the reasonable opinion of the Captain, the Charterer or any of his Guests fail to observe any of the provisions contained herein and if such failure continues after the Captain has given due and specific warning to the Charterer in respect of the same, the Captain shall inform the DYC and DYC may terminate the Charter forthwith or instruct the Captain to return the Yacht to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The Charterer and his guests shall disembark and the Charterer shall not be entitled to be refunded any of the Charter Fee.

8.3. With particular regard to the use of watersports equipment available on the Vessel, the Captain shall have the authority to exclude the Charterer or any or all of his Guests from use of any particular watersports equipment if, in his reasonable opinion, they are not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.

8.4. The Captain will refuse to ship Passengers who do not comply with the regulations of the countries concerned, persons whose disability was not reported at the time of booking, or any Passenger refusing to sign the safety instructions.

8.5. The Captain will disembark any Passenger whose behavior could endanger or seriously inconvenience other Passengers, crew members or the ship or whose state of health would appear to be incompatible with the cruise. The fact of not having detected a possible incompatibility of health does not imply recognition of its acceptance.

8.6. DYC shall provide insurance to cover the chartered boat against loss or damage to the hull, machinery, gear and equipment of the yacht, liabilities to third parties for loss or damage to any other vessel or property whatsoever, loss of life or personal injury. Personal belongings are not covered by the insurance above contract. Additional information is available upon request.

8.7. Charterers are encouraged to obtain trip insurance to cover any losses you may sustain if you must cancel your charter prior to your departure or to cover losses not otherwise covered by the above insurance. Please contact Dream Yacht Charter if you need assistance.

9. Contract Cancellation.

9.1. If Charterer cancels the contract more than 90 days prior to original Embarkation date, Charterer will lose 30% of the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation.

9.2. If Charterer cancels between 89 to 60 days before original Embarkation date, Charterer will lose 50% of the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation.

9.3. If Charterer cancels between 59 to 30 days before original Embarkation date, Charterer will lose 75% of the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation.

9.4. If Charterer cancels less than 30 days before original Embarkation date, Charterer will lose 100% of the total charter fee.

9.5. If Charterer has already paid for add-on options, DYC will reimburse Charterer for these expenses.

9. 6.  If Charterer is not present at the time of Embarkation, even if the no-show is caused by flight or other transfer delays, this will be treated as a cancellation of reservation less than 30 days before departure and Charterer will lose its entire charter fee. If the Charterer is delayed due to a DYC – organized airport transfer, this provision is waived and DYC will make all available efforts to get Charterer on board the Vessel in a timely manner.

9. 7.  Charterer has the option to purchase travel insurance to cover any losses Charterer may sustain if the charter is cancelled prior to your departure.

10. Force Majeure.

10.1. DYC shall not be liable for any loss, damages or delay or failure in performance hereunder resulting from any force majeure event, including but not limited to acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or differences with workmen, acts of the public enemy, federal or state laws, rules and regulations of any governmental authorities having or asserting jurisdiction in the premises or of any other group, organization or informal association (whether or not formally recognized as a government), and any other cause beyond the reasonable control of DYC which makes continuance of operations impossible.

10.2. In the event of a delay or failure of performance based upon an event described above:

1. 1. All payments made towards the charter shall be used as a credit for a future charter. No refunds will be provided.
   2. DYC will work with Charterer to book a new charter on a different Vessel agreeable to Charterer, at a new location, or on new dates, or both, based upon availability and the Charterer’s preference. If the parties cannot book a new charter at that time, Charterer’s deposit will remain as a credit with DYC and will never expire.

10.3. DYC will not be responsible for additional costs incurred by Charterer as a result of changes to their charter due to a force majeure event.

11. Additional Delays 

11.1. If on departure date, the hired boat or equivalent is not available for reason other than a force majeure event, Charterer has the right to the following options, if possible:

1. 1. When available, delay the departure date and maintain charter duration;
   2. Maintain charter end date in invoice and Charterer will be refunded for time the Vessel was unavailable on a prorated basis of charter fee.

11.2. If delay exceeds one quarter of the charter time, Charterer may cancel the agreement with DYC and be refund for charter fee.

11.3. Charterer waives any and all claims, damages, debts, liabilities, demands, costs, expenses, interest, suits and/or attorneys’ fees as s result of a delay in the charter.

11.4. Any interrupted or shortened charter, any service not used by Charterer, for any reason, is not refundable.

12. Governing Laws  

12.1. Governing Laws: Any legal action arising under or in connection with this contract will be adjudicated in Port Louis, Mauritius.

12.2. Severability. If any provision contained in these Terms & Conditions shall be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision. This Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement.

13. Headings.
Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.