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General Terms and Conditions of Dream Yacht Worldwide

GENERAL TERMS AND CONDITIONS OF DREAM YACHT CHARTER

1. INTRODUCTION

1.1. Website ownership

The present general conditions regulate the terms and conditions of the contracting of the services offered on the website https://www.dreamyachtcharter.com (hereinafter the “Website”), owned by the company DREAM YACHT GROUP (hereinafter “DYC”), with registered office at 350 Louise Avenue, Brussels, Belgium, 1000, holder of C.I.F. number BE-0.681.876.643 and registered in the Carrefour des Entreprises de Bruxelles under number 0681.876.643.

1.2. Purpose and scope

The purpose of these General Conditions (hereinafter, the “General Conditions”) is to define the terms by which DYC provides you with the necessary means for contracting the services offered on the Website, and to make available to you the pre-contractual information regarding the possible operations that take place on the Website.

These General Conditions are complementary to the “Legal Notice and Conditions of Use” the “Privacy Policy” and the “Cookies Policy” applicable to the Website, as well as to the “Specific Conditions” of contracting which, where applicable, are applicable to each of the goods and services made available to you. DYC may, at any time and without prior notice, modify the Website and, in general, any functionality to make the changes it deems appropriate to ensure its proper functioning.

Furthermore, DYC also reserves the right to modify these General Conditions, with the General Conditions in force at the time of contracting being applicable. However, these modifications will be effective from their publication on the Website, so that the updating and modification of these General Conditions will always be accessible prior to contracting so that you can know them beforehand and accept them updated, if applicable.

Should any of these General Conditions be declared invalid, void or for any reason ineffective, said condition shall be understood to be excluded without this affecting the validity or enforceability of the rest of the conditions.

2. GENERAL TERMS AND CONDITIONS

2.1. Contracting formalities

DYC informs you that the procedures for the provision of the services offered are all those described in these General Conditions, in the Special Conditions that are applicable in each case, as well as those instructions that are expressly indicated on the Website during the contracting process.

Specifically, to contract the services offered, you must be over eighteen (18) years of age. To make a reservation it will not be necessary to register in advance, but the data will be entered for the first time in the system at the time of formalising the reservation. To do this, once you have selected your option and dates of availability, you must click on the “start booking process” button, after which a form will open in order to fill in the data required for the booking. Once you have entered your details and verified the cost breakdown, you must click on the “book and pay” button to go to the summary and payment gateway to make the payment. During the purchase process, DYC will provide you with all the necessary means to rectify any errors you may make when entering your details.

For the validation of the purchase order, it will be necessary that you know and expressly accept the present General Conditions, as well as the Particular Conditions that apply in each case, as part of the conclusion of the contract formalised in English. DYC will store the data constituting proof of conclusion of the contract, which will be always accessible.

Also, once you have made the purchase order, DYC will send you an email with the confirmation and proof of purchase, to the address you have indicated for this purpose in the booking process, as soon as possible and always within 24 hours after you have made the purchase. If you do not agree with the details shown on the receipt, you may request their modification or the cancellation of the contract. You may also request an invoice for your purchase by contacting us

Users who use the Portal and make purchases in bad faith, or who breach any of the present General Conditions, as well as the corresponding Particular Conditions, or who abuse the various promotions and offers, will not be allowed to contract.

If communication is required regarding the status and management of the order, or possible incidents, DYC will contact you through the means that you have provided in the booking process.

2.2. Consultation procedures

If you wish to obtain additional information on any of the available booking options, you must also select the dates of availability by clicking on the “send as inquiry” button located under “start booking process”. As in the booking process, a form will open which must be filled in with the details of the user who wishes to receive information, confirming again by clicking on the “send as inquiry” button located under “book and pay”

2.3. Goods and services offered and prices

All offers of goods and services made available on the Website will include information regarding the essential characteristics of the same, as well as the final prices expressed in EUROS with all applicable taxes, including VAT. Likewise, the management costs or other extras that you will be charged for the purchase of the different services will be shown.

Notwithstanding the foregoing, DYC reserves the right to decide on the goods and services offered at any time on the Website, and may add new goods and services, which shall be governed by these General Conditions and, where appropriate, the Special Conditions that may apply, unless otherwise expressly provided. Likewise, any of the goods and services may be withdrawn from the Website at any time and without prior notice.

Likewise, the goods and services offered on the Website will generally be available on the Website, although, given that it is an online platform, it may be the case that during the purchase period the availability is exhausted and, therefore, it may not be possible to proceed to finalise the reservation. In this case, you will be able to process the booking again by substituting the sold-out option or the selected dates for another one that is available.

2.4. Payment methods

The DYC Website has various payment methods at your service, which will appear according to their availability on the screen during the booking process and, where appropriate, will be specifically detailed in the applicable Particular Conditions. After choosing the payment method, you must follow the instructions that DYC indicates for this purpose, providing the requested information.


Bareboat Charter Terms & Conditions

Bareboat Charter

Dream Yacht
GENERAL TERMS and CONDITIONS VESSEL CHARTER
(December 2023 Edition)
These General Conditions shall apply to all offers for the supply of Yacht Charter and related services made by any company in the Dream Yacht Charter Group. They take precedence over all other standard conditions and all documents or discussions exchanged prior to the offer.
These General Terms and Conditions are supplemented by the associated Special Terms and Conditions (“Booking Confirmation” and “Contract”) and form the Contract between the Parties. The Special Conditions specify the Client’s name, the Vessel rented and the charter period, as well as the various options taken. Defined terms shall have the meaning set forth in the Special Conditions or in these General Conditions.
1 – QUOTATION – RESERVATION – RESERVATION CONFIRMATION
1.1 Quotations issued by any company in the Dream Yacht Charter Group (“DYC”) are purely indicative and do not constitute an offer. Indeed, DYC cannot guarantee the availability of the Vessel and the maintenance of its price, on the basis of a simple estimate.
1.2 Once the quotation has been accepted, the Client receives the Special Conditions, which together with these General Conditions constitute Dream Yacht Charter’s offer. The reservation is only confirmed once the deposit has been received within the period specified in the Special Conditions. Unless otherwise stated, the reservation is valid for 5 calendar days. On expiry of the offer period, in the absence of payment of the deposit by the Client, the offer lapses ipso jure, which means that DYC can no longer guarantee either the availability of the Vessel, or the availability of another vessel on the same basis, or the price, or the options. Once the deposit has been paid, the Client receives a Reservation Confirmation which constitutes the Special Conditions of the Charter Contract. The present General Terms and Conditions apply ipso jure with the Special Terms and Conditions and are accepted by the Client at the time of payment of the deposit.
2 – FORMATION AND ENTRY INTO FORCE OF THE CONTRACT
The Contract between the Parties (Dream Yacht Charter (DYC) and Client) is validly formed and comes into force when the following two conditions have been met:
      –      acceptance of the Special Terms and Conditions and these General Terms and Conditions by the Parties, the Parties expressly acknowledging that they have read, understood and accepted them, said acceptance being deemed to have been automatically acquired by payment of the deposit,
      –      and upon receipt of the deposit by DYC.
3 – VESSEL DESCRIPTION
The Vessel covered by the Contract is the one described in the Special Conditions. In the Contract, the term Vessel includes the vessel, its accessories and associated equipment, as described in the Special Conditions.
4 – PRICES AND TAXES
4.1 Price
Prices are fixed and payable in the currency specified in the Special Conditions.
Prices are firm for the duration of the offer. They may be modified as soon as the offer lapses.
4.2 Taxes
Unless otherwise stipulated in the Special Conditions, the prices are established including the VAT applicable at the time of acceptance of the Contract and excluding any other duty, tax, levy or charge of any nature whatsoever (hereinafter the “Taxes”) that may be due during the Charter of the Vessel, its accessories and associated equipment or the performance of the Services provided under the Contract. These Taxes are payable by the Client, in particular all taxes on fuel, mooring rights and others.
5 – TERMS OF PAYMENT
5.1 The deposit and the balance are automatically due on the dates specified in the Special Conditions. The deposit is never refundable.
5.2 In the event of non-payment by the Client of any sum due on the due date, DYC may cancel the Client’s reservation without incurring any penalties and without the need for a reminder.
5.3 In the event of a last-minute option at the base, a supplement may be payable.
6 – CANCELLATION OR MODIFICATION OF THE CHARTER BY THE CLIENT
6.1 Before taking charge of the Vessel, the Client may terminate the Contract by paying the following amounts:
      a)      Cancellation more than 60 days before departure as originally planned: 30% of the charter price (excluding options) remains due to DYC. If the renter has already paid for the options, they will be reimbursed by DYC.
      b)      Cancellation 59 days or less before departure as originally planned: 100% of the charter price remains due to DYC (excluding options; unless cancelled 7 days or less before departure, in which case options will remain due and will not be refunded).
6.2 The client has the option of taking out travel insurance with DYC to cover any losses he may incur if the charter is cancelled before departure.
6.3 Changes of dates or vessels after booking are subject to the rates in force at the time of the change.
7 – AVAILABILITY OF THE VESSEL
7.1 DYC will make the Vessel available to the Client once the following conditions have been met:
      a.      Signature of the Booking Contract, either electronically or physically,
      b.      Full payment of any sums due to DYC under this charter agreement or security deposit due by the Client if required,
      c.      Signature of the Departure Inventory specifying the condition of the vessel and equipment provided,
      d.      Receipt of the client’s ID,
      e.      Receipt of the client’s boating license if required by local authorities,
      f.      Receipt of the list of the client’s crew members with their names and ID numbers,
      g.      Receipt of any other documents required by local authorities (e.g. vaccination certificate, visa, etc.).
7.2 The charter of a Vessel requires experience and knowledge of navigation rules. If, in DYC’s opinion, the sailing experience of the Client and the crew is insufficient, DYC reserves the right to cancel or modify the charter of the Vessel without having to reimburse the costs already paid by the Client. However, insofar as a skipper is available, DYC may propose to the Client that a skipper be brought in at the Client’s expense.
If the services of a skipper are subscribed by the Client, the duration of the skipper’s service will necessarily be that of the charter of the Vessel, unless otherwise agreed in advance by DYC. If no skipper is available, the Client will be authorized to use the Vessel at dockside, subject to payment of the associated fees.
7.3 If, due to operational constraints, the Vessel initially chosen for charter is not available, DYC reserves the right to replace it with another Vessel of similar or superior size and specifications, informing the Client as soon as possible. Such substitution will be without consequence to the Client, even in the case of a vessel of superior size or comfort. If an upgraded or similar boat is supplied, no further compensation or consideration will be due. If the only available vessel is cheaper, the difference in price will be refunded to the Client.
7.4 If, on the scheduled departure date for the charter, the chartered Vessel or equivalent is not available for any reason other than an event of Force Majeure, the Client is entitled to the following options:
      –      Where possible, delay the departure date and maintain the charter period.
      –      Maintain the return date of the Vessel and benefit from a refund for the period of unavailability of the Vessel pro rata to the unavailable days.
      –      If the delay exceeds a quarter of the charter period, the client may cancel the charter and will be reimbursed for the amount paid for the charter (starter kit, options, etc.).
7.5 When the Vessel is made available, the Parties will draw up a Departure Inventory of the Vessel, which will make it possible to check that the Vessel is returned in a similar condition.
8 – DYC WARRANTIES AND PROCEDURES
8.1 DYC declares, guarantees, and undertakes that, when the Vessel is made available, it complies with the applicable regulations and is in a seaworthy condition.
8.2 Check-in procedures begin at the start of the charter period.
8.3 On the first and last day of charter, a berth in the DYC marina is provided and included in the booking price. This is not the case if the departure and/or return is outside a DYC base.
8.4 DYC considers the generator, air conditioning, refrigerator and freezer (when available) to be auxiliary equipment, and limits the compensation granted in the event of non-operation to €500 / US$550 per charter. Such compensation will be prorated to the time of non-operation in the event of failure of such equipment during the cruise. The use of air conditioning must be reasonable. Thus, it is not considered reasonable to air-condition cabins with doors left open, or more generally to air-condition any open space. Intensive use may result in electrical system failure for which the client is responsible. The units require a power supply that can only be guaranteed with a certain amount of engine use per day. The DYC base is at the client’s disposal to advise on the correct use of the equipment.
8.5 A water maker works well when used in accordance with the manufacturer’s instructions. If used incorrectly, it is likely to cause a breakdown rendering it unusable for the remainder of the charter. The Client must ensure that all persons sailing on the Vessel are familiar with the correct operating procedures before commencing use. If, for any reason, the watermaker breaks down during the charter and DYC’s technical team is unable to resolve the problem, the Client must retain receipts for charges relating to water refills during the charter and DYC will reimburse them on departure (only the cost of water will be reimbursed, not mooring, fuel or expenses such as ice).
8.6 If the Client has engaged a skipper and/or cook, DYC undertakes to provide competent personnel. However, skippers and cooks are sailors, whose duties are limited to operating the Vessel and ensuring safe navigation for the skipper. The cook’s duties are limited to preparing meals, setting and clearing the table, and washing up. Neither are porters, nannies, housekeepers or other cleaning staff.
8.7 In case of any issue during the trip, the Client is required to raise it through the Base as soon as it arises (either at departure or during the charter), providing DYC with the opportunity to find a solution or fix the issue. Should DYC not be able to provide that solution or fix, the Client can then raise that issue through their sales agent after the trip ends, but within a maximum of 4 weeks of the return date. The Customer Care team of DYC will then fully investigate, contact the Base, arbitrate and communicate with the Client. Failure to raise the issue or problem during the trip, regardless of the issue, will result in it not being admissible after the fact.
9 – CLIENT REPRESENTATIONS AND WARRANTIES
The Client (or a crew member designated by the Client) represents and warrants that he/she is experienced sailing with similar vessels and routes, licensed, if applicable, and competent in the operation of the Vessel subject to the charter and that he/she has sufficient practical knowledge of seamanship, piloting and rules of the road to properly exercise authority over the Vessel. The Client will only allow the use of the Vessel during the charter period to persons qualified to do so. The Client must promptly complete the “Nautical CV”, which is available via the quick links and online booking system. All double or single-handed sailing is forbidden without prior agreement from DYC.
10 – CLIENT’S RESPONSIBILITIES
10.1 At the time of check-in, i.e. when the Vessel is made available to the Client, and before signing the Departure Inventory, the Client must inspect the Vessel in detail in order to check its equipment and inventory. He may make any reservations or observations he deems necessary. The time required to present and hand over the Vessel will be deducted from the charter period. Signing the Departure Inventory constitutes full acceptance of the Vessel by the Client and acknowledgement of its condition as described in the Departure Inventory.
10.2 Upon signature of the Departure Inventory, custody of the Vessel is transferred to the Client who becomes solely responsible for it and will be liable for any damage of any kind that may be caused to persons on the Vessel, to the Vessel itself and to third parties. If a skipper has been provided by DYC, the Client remains responsible for the Vessel and its crew.
10.3 All current expenses incurred during the Charter of the Vessel, such as mooring fees, local taxes, fuel, water and food will be charged to the Client.
10.4 The Client undertakes to respect the maximum number of passengers allowed on the Vessel as stated on the certification plate affixed to the Vessel. In some countries, if a skipper is present, regulations require him/her to have a cabin with a toilet. The Client must take this into account at the time of booking to comply with regulations. For reasons of safety and insurance, the transport of goods or passengers for remuneration, or any other commercial activity (professional fishing, tourist outings, organization of events on board for a fee) is strictly forbidden. Particular attention must be paid to children, who must be always under the supervision of the Client or one of his/her guests. It is not the skipper’s or cook’s role to ensure the safety of those on board, especially children, by monitoring their actions. Lending or subletting the Vessel or towing is forbidden.
10.5 The participation of the Vessel in a regatta is forbidden without prior agreement from DYC. In such a case, special conditions, in particular an increase in certain costs such as the security deposit, will apply.
10.6 The Client undertakes to fill in the logbook of the Vessel, indicating daily the place of departure and destination of the day, successive stops and anchorages, the condition of the Vessel, any material or crew-related incident on board, any change of crew, weather conditions, sails used and engine working hours. He must immediately notify DYC by any available means in the event of any doubt concerning the operation of any of the Vessel’s equipment, or of any damage or suspicion of damage, particularly to the hull or engine. The same applies to any leak, particularly of oil.
10.7 The Client undertakes to comply with all navigation restrictions mentioned at the head of the Charter Contract. The Client must also respect all areas where navigation is prohibited by local regulations (military zones, protected areas). He/she must also comply with all environmental regulations and must not dispose of waste of any kind at sea. Any fine incurred because of an oil leak, waste dumping, etc. will be entirely at the client’s expense, as will any consequences such action may have on the Vessel and/or DYC.
10.8 Sailing after sunset and before sunrise is forbidden without prior agreement from DYC.
10.9 The Client shall not leave the port or anchorage in the presence of dangerous weather conditions. This is the case when winds of force 6 (fresh wind) or higher on the Beaufort scale are present or forecast. The Client must also comply with all safety instructions issued by the maritime or port authorities, particularly those advising against sailing and against reinforcing moorings. The Client agrees to follow all navigation and routing instructions given by DYC, particularly in the event of bad weather. The Client undertakes always to ensure that the Vessel is properly moored, and only to anchor in protected areas or in suitable harbors where the safety of the Vessel can be guaranteed. He also undertakes not to use the engine at full capacity, except in an absolute emergency. He/she must ensure that the engine is used under normal operating conditions, taking care to increase speed gradually and not to overheat the engine.
10.10 The Client shall not sail if the Vessel is damaged, or if any essential equipment such as the engine, rigging, bilge pump, navigation lights, compass or safety equipment is not in working order. The Client also refrains from sailing if the fuel reserves are not sufficient to ensure the safety of the Vessel, or if the crew is unable to sail in satisfactory safety conditions.
10.11 Depending on the departure base, restrictions may apply to the distance allowed, depending on the charter duration. These restrictions are mandatory.
10.12 The Client undertakes to comply with all regulations applicable in the charter area, in particular concerning protected areas, marine parks, and fishing restrictions. The Client shall hold DYC harmless from and against any claims or legal action arising from the Client’s failure to comply with these rules and regulations. All illegal activities (drug trafficking, prostitution, transport of migrants, transport of illegal materials (weapons, dangerous products), commercial use of the Vessel (reception of paying passengers, cruises, excursions, sports activities, etc.) are strictly forbidden.
10.13 In the event of damage to the Vessel or an accident between the Vessel and a third party, the Client will immediately inform DYC so that DYC can advise the Client of the appropriate course of action. If outside assistance is required, the Client will promptly inform DYC before incurring any expense, except in the event of peril or if a delay in operations could present a risk to the crew or the Vessel.
The Client shall retain all invoices and receipts relating to repairs to enable reimbursement by DYC as soon as possible.
If towing is necessary, DYC will inform the Client of the procedure to be followed. In the event of emergency towing, priority is given to the safety of the crew and the Vessel.
The Client and DYC will then agree on how the towing costs are to be borne, depending on the cause of the incident which necessitated the towing. In all cases, the Client will negotiate and fix the price of the tow with the captain of the other vessel before proceeding, in coordination with DYC wherever possible.
10.14 The Client’s attention is drawn to the special nature of the toilets on the Vessels. Any improper use, in particular the throwing of anything other than the legitimate quantity of paper provided for this purpose, may result in the toilets being rendered unusable. The Client will be held responsible.
10.15 Maritime Liens: The Client shall not incur or authorize any maritime liens, salvage, or indebtedness on the Vessel or on the credit of DYC. The Client shall not abandon the Vessel or enter into any salvage arrangement without the prior written consent of DYC. The Client shall indemnify and hold harmless DYC from and against any and all maritime liens, salvage or indebtedness that arise on the Vessel or DYC’s credit as a result of any act or omission of the Client.
10.16 If the Client decides to interrupt or shorten the charter period, or not to use certain services, no refund will be possible.
11 -VESSEL RETURN
11.1 The Vessel must be returned to the “check out base” on the date and at the time specified in the Charter Contract. The Vessel must be returned with all the equipment listed in the Departure Inventory, in a similar condition.
The Client remains fully responsible for the Vessel until the Return Inventory is signed and the Vessel is finally unloaded.
11.2 If the return of the Vessel is delayed due to Force Majeure as defined below, it must be carried out as soon as possible after the end of the event that caused the delay, at no additional cost to the Client.
11.3 In the event of late return, except in cases of Force Majeure, the Client shall pay DYC compensation equal to the public charter rates for the Vessel during this period plus 50%.
Any day started beyond the charter period is considered a full day. If the delay in return exceeds twenty-four (24) hours, the Client shall be liable to compensate DYC for any loss or damage suffered by it as a result of such delay, including delays or cancellations of subsequent charters of the Vessel.
11.4 If the Client does not return the Vessel to the agreed port of arrival, he/she must pay DYC, in addition to the sums provided for in Article 11.3, the costs incurred to return the Vessel to the port of arrival defined in the Charter Contract. The same shall apply in the event of abandonment of the Vessel, i.e. leaving the Vessel unoccupied for more than 12 hours, in any place whatsoever, at the end of the charter period.
11.5 The Client must return the Vessel to DYC with all its equipment in the same condition as at the start of the charter period, in a clean condition and within the agreed time. If the Vessel is returned without a full tank of fuel, a fee of €100 / US$110 will be charged in addition to the cost of the fuel. In the event of a blocked toilet during the charter period, a fee of 200 € / 220 US$ will be charged per blocked toilet.
11.6 The Hirer undertakes to pay for any loss or damage not provided for in the insurance policy which may occur on board the Vessel, or to the Vessel itself, until its effective return by DYC. The Client remains responsible for the Vessel until the contradictory inventory is signed upon return of the Vessel and final disembarkation.
12 – INSURANCE AND DEDUCTIBLE
12.1 The Vessel is insured during the charter period against all accidental damage, including damage to third parties.
12.2 The following are excluded from the scope of the insurance, whether for the Client or any person on board, and are therefore not covered:
      –      theft or loss of personal effects
      –      any accident they may suffer on board or during the charter period
      –      any damage caused by a voluntary or intentional act
      –      any violation of the rules governing the use of the Vessel.
12.3 In the event of any damage whatsoever, including to third parties or theft, the Client must record the incident in the logbook and immediately alert DYC. In the event of damage involving a third party, the Client must make a declaration with the said third party and possibly make a reply declaration to that of the third party with the full details of the said third party and its insurers. Failure to do so will result in non-insurance of the damage.
12.4 The insurance cover taken out by DYC includes a deductible, relayed by a variable security deposit, which will be payable by the Client. The Client therefore remains his own insurer for any loss or damage whatsoever, including that caused to third parties, up to the amount specified in the special conditions of the Charter Contract.
12.5 Dream Yacht Charter offers a total reduction of this excess subject to additional contractual billing (“Essentials pack”). This additional charge is compulsory for skippered charters and in most DYC destinations, as indicated in the booking confirmation. The Essentials Pack covers the amount of the deductible due in the event of damage. However, it does not exonerate the Client in the event of excluded damage as provided for in Article 12.2.
12.6 In cases where the “Essentials Pack” is not subscribed to, the Client must pay a security deposit, the amount of which is shown on the Special Conditions. It will be retained by DYC in the event of insured damage and to repair any damage that the Client may have caused during the charter, without however constituting a liability ceiling.
12.7 In all cases, whether with the “Essentials Pack” subscription or the security deposit, all damage caused as a result of a deliberate violation by the Client of the Vessel or the third party having rented the Vessel of the obligations (e.g.: willful damage, violation of these sailing conditions, etc.) must be repaired. The amount of the guarantee deposit or “Essentials Pack” is intended to advance costs in the event of damage or liability incurred by the Client, but in no way constitutes a limitation of liability.
12.8 DYC shall not be obliged to provide the Client with a replacement vessel or to pay any compensation in the event of immobilization of the rented Vessel due to accidental damage during the charter. In the event of loss or damage to valuable equipment such as an outboard motor or dinghy, the Charterer will be entitled to an immediate replacement during the charter, if a separate security deposit of €2,000 is paid to DYC (to cover the replacement equipment).
13 – FORCE MAJEURE
13.1 Neither Party shall be liable for the non-performance, in whole or in part, of its obligations under this Contract if such non-performance or delay in its contractual obligations is due to an event of Force Majeure, such as, but not limited to, governmental decision, law (obligation of maritime assistance), war (whether a state of war is formally declared or not or whether it is a civil war), threat to personal safety (such as hostage taking, kidnapping, assassination, bombing, suicide attack, boarding, acts of piracy), explosion, civil unrest, act of terrorism, uprising, insurrection or coup d’état, sabotage, fire, flood, drought, monsoon, natural disaster, cyclone, particularly tropical cyclone, named meteorological phenomenon, epidemic, quarantine, confinement, disruptions to sources of supply (particularly of energy, raw materials, etc.) or transport, blockage of transport routes (canal, port access, port congestion), strike, lock-out, or any other event beyond its control.
13.2 The affected Party shall notify the other Party by any available means as soon as possible of the occurrence of an event of Force Majeure.
13.3 In the event of delay or failure to perform based on an event described above that does not permit charter as scheduled:
      –      All charter payments will be credited towards future charters.
      –      DYC will make proposals to the Client to enable him to book a new charter, at a new location or on new dates, or both, depending on the Client’s availability and preference.
      –      DYC shall not be liable for any additional costs incurred by the Client as a result of changes to its charter due to a Force Majeure event.
14 – LIMITATION OF LIABILITY
14.1 DYC is only liable in the event of gross negligence on the part of DYC.
14.2 The Vessel is insured under the conditions set out in Article 12 and the Client agrees to waive any recourse against DYC for amounts exceeding the reimbursements made by the insurers in application of the policy and Article 12, before any jurisdiction whatsoever.
14.3 in the case of personal injury, DYC’s overall liability, whatever the basis and nature of the action brought against DYC, may in no case exceed €10,000 (ten thousand Euros).
14.4 In no event will DYC be liable for any consequential and/or indirect damages, such as loss of use, data, operations, profits, business, revenue, goodwill, anticipated savings, reputation, and more generally, losses of an economic or financial nature, whether considered indirect or arising directly from the event giving rise to the claim for compensation.
15 – COMPLIANCE WITH APPLICABLE LAWS – ECONOMIC SANCTIONS – PERSONAL DATA
15.1 The Parties undertake to comply with all applicable laws, regulations and rules, in particular those relating to the fight against corruption, illegal trafficking and any customs or environmental regulations.
15.2 Economic sanctions – Embargo
The Parties represent and warrant that they and their Representatives will comply with all restrictions and/or prohibitions applicable to business transactions under any law, regulation, rule or other ruling issued by any governmental entity, including, but not limited to, the United States, the European Union, the United Nations and the United Kingdom.
The Parties further represent and warrant that they and all of their Representatives are not identified, listed, owned or controlled by any entity listed by the United States, the European Union, the United Nations or the United Kingdom as a “Blocked Person”, “Denied Person”, “Specially Designated National” and are not subject to any prohibitions on doing business under any laws, regulations, rules or other rulings published by the United States, the European Union, the United Nations or the United Kingdom. Each Party shall immediately notify the other if it or one of its Representatives is added to a sanctions list.
The Parties shall not, directly or indirectly, enter into any agreement or transaction with any “Blocked Person”, “Denied Person” or “Specially Designated National” in connection in any way, directly or indirectly, with the goods or services provided under this Agreement.
15.3 Personal data
The Client has the following rights under the conditions provided for by the legislation on the protection of personal data:
      –      Right to access and obtain a copy of your personal data held by DYC,
      –      The right to have inaccurate or incomplete personal data corrected and updated,
      –      The right, under certain conditions, to have all or part of your personal data deleted,
      –      The right to obtain information about the conditions under which DYC uses your data,
      –      Right to object, at any time and without justification, to your data continuing to be processed for commercial prospecting purposes (receipt of SMS and commercial e-mailings) even if you had initially consented to this,
These rights can be exercised by sending an email to [email protected]
16 – APPLICABLE LAW – JURISDICTION
The Contract is subject to Mauritian law.
In the event of a dispute between the Parties, the Party having a grievance shall inform the other Party by letter with acknowledgement of receipt. The Parties undertake to attempt to find an amicable solution to the dispute by negotiating in good faith.
If no amicable solution is found within 60 days of receipt of the letter stating the grievance, any difficulty relating to the formation, interpretation or performance of the Charter Contract, notwithstanding multiple defendants or the introduction of third parties, even for emergency or conservatory proceedings, in summary proceedings or by petition, will fall within the exclusive jurisdiction of the competent courts of Port Louis – Mauritius.
17 – MISCELLANEOUS
17.1 Entire Agreement: The Charter Agreement and these General Charter Conditions, which form an integral part thereof, constitute the entire agreement between the Parties with respect to its subject matter. It terminates, with effect from its Entry into force Date, all commitments or agreements previously entered into between the Parties with respect to the same subject matter.
17.2 Partial invalidity: If any provision of this Agreement should be declared invalid or unenforceable pursuant to any law, regulation or final decision of a court of competent jurisdiction, such provision shall be modified in order to obtain its validity or shall be deemed unwritten but shall not cause the remaining provisions of the Agreement to become invalid or unenforceable. The Parties agree to use their best efforts to replace any invalid or void clause with a new clause as close as possible to the original intention of the Parties.
17.3 Assignment – Subcontracting: DYC shall be free to assign or subcontract all or part of its rights and obligations under the Charter Agreement to any company of its choice, without the prior consent of the Client.
17.4 Communication: Exchanges between the Parties will take place by email or telephone for routine conversations and for urgent conversations, particularly in the event of a claim. A written conversation may be requested. Exchanges of a contentious nature must be made by express mail with acknowledgement of receipt or by registered letter with acknowledgement of receipt. Any questions relating to the Contract or these General Terms and Conditions may be addressed to [email protected].
17.5 Unless explicitly refused by the Client, DYC may use any image of the Vessel in which crew members may appear for promotional or marketing purposes in any media, including but not limited to: brochures, videos, press or internet advertising, slides, video projections, free of charge.
18 – ACCEPTANCE OF TERMS AND CONDITIONS
General Charter Conditions are understood and expressly accepted by the Client and DYC, by DYC by issuing its offer and by the Client by payment of the deposit.

By the Cabin Terms & Conditions

By the Cabin Charter

Dream Yacht
GENERAL TERMS AND CONDITIONS FOR CABIN CRUISES
(January 2024 edition)
The present General Conditions shall apply to all offers for the supply of cabin cruises and associated services made by any company in the Dream Yacht Charter Group. They take precedence over all other terms and conditions and alldocuments or discussions exchanged prior to the offer.
The present General Conditions are completed by the associated Special Conditions (“Reservation Confirmation” and “Contract”) and form the Contract concluded between the Parties. The Special Conditions specify the Customer’s name, the cruise chosen, and the various options taken.
Defined terms shall have the meaning set forth in the Special Conditions or in these General Conditions.
1 – ISSUING QUOTATIONS – RESERVATIONS – CONFIRMING RESERVATIONS
1.1 Quotations issued by any company in the Dream Yacht Charter Group (“DYC”) are purely indicative and do not constitute an offer. Indeed, DYC cannot guarantee the availability of the cabin and the maintenance of its price, on the basis of a simple quotation.
1.2 Once the quotation has been accepted, the Customer receives the Special Conditions, which together with these General Conditions constitute Dream Yacht Charter’s offer. The reservation is only confirmed once the deposit has been received within the period specified in the Special Conditions. Unless otherwise stated, the reservation is valid for 5 calendar days. On expiry of the offer period, in the absence of payment of the deposit by the Customer, the offer lapses ipso jure, which means that DYC can no longer guarantee either the availability of the cabin, or the availability of another cabin for the same cruise, or the fare, or the options. Once the deposit has been paid, the Customer receives a Reservation Confirmation which constitutes the Special Conditions of the Cabin Cruise Contract. The present General Terms and Conditions apply ipso jure with the Special Terms and Conditions and are accepted by the Customer at the time of payment of the deposit.
2 – FORMATION AND ENTRY INTO FORCE OF THE CONTRACT
The Contract between the Parties (Dream Yacht Charter (DYC) and the Customer) is validly formed and comes into force when the following two conditions have been met:
      –      acceptance of the Special Terms and Conditions and these General Terms and Conditions by the Parties, the Parties expressly acknowledging that they have read, understood and accepted them, said acceptance being deemed to have been automatically acquired by payment of the deposit,
      –      and upon receipt of the deposit by DYC.
3 – DESCRIPTION OF BOAT AND CABIN – ON-BOARD SERVICES – OPTIONS
3.1 The cabin and the Boat covered by the Contract are those described in the Special Conditions. In the Contract, the term Boat includes the boat, its accessories and associated equipment, as described in the Special Conditions.
3.2 Cruises are generally carried out on 54 to 62-foot catamarans with a capacity for 12 people, including children. If the size of the boat awarded is less than 54 feet, the number of passengers on board will be reduced accordingly. It should be noted that these vessels are designed for cruising as close as possible to nature and the sea, and that the level of comfort and service cannot therefore be compared with that provided by cruise liners. The customer acknowledges that he/she is aware of this fact.
3.3 On catamarans, each cabin is equipped with a private bathroom. On monohulls, however, customers in standard cabins will have to share common bathrooms.
The bathroom has a washbasin, a shower with hot and cold water mixer tap, and a mechanical or electric toilet.

DYC provides one set of sheets and towels per cabin.

The customer’s attention is drawn to the fact that storage space in the cabins is limited. Luggage is limited to small bags or suitcases that can be stowed in the cabins. No additional storage space is available. DYC strongly recommends using bags and avoiding suitcases, which may not fit into cabin lockers. Bags must be clean to avoid parasitic contamination.

Only the common areas will be cleaned by the crew. No cleaning will be carried out in cabins or bathrooms.

If the cruise boat is air-conditioned, this will be specified on the quotation.
If the boat is equipped with air conditioning, the standard operating hours for air conditioning on board worldwide are from 8 am to 10 pm. The air conditioning does not operate outside these hours to keep the noise from the generator and associated equipment to a minimum, and to enable guests to enjoy a night’s sleep without the associated noise nuisance.
The generator and air conditioning may only be used outside these hours with the written agreement of all passengers on board.
By agreeing to the use of air-conditioning outside these hours, the Customer is fully entitled to any claim resulting from noise onboard associated with the air-conditioning and generator during the night.
3.4 Some boats distinguish between standard and superior cabins. The price supplement for superior cabins depends on the destination and duration of the cruise.
The allocation of a specific cabin is never guaranteed (on the other hand, the cabin category, when it exists, is guaranteed). Any specific cabin request must be made in writing to DYC and DYC may decide to honor it or not at its sole discretion.
3.5 The first and last days of the cruise are generally shorter than a full day, and no refunds will be made for them.
3.6 Prices do not include the rental of sports equipment not present on the boat, personal expenses outside the boat such as meals and drinks, access to WIFI or telephone services and optional tips for the crew. As a general rule, the boats have a paddle and a kayak on board. In addition, a snorkeling equipment (standard quality fins, mask, and snorkel) is available on request prior to embarkation.

There are no games, media or other entertainment elements on board.
3.7 When it comes to catering, the offer depends on the destination. Some offers are full-board, others half-board, with or without drinks, with or without alcohol. Only one offer is available per cruise. This is shown on the quotation. In all cases, water, tea and coffee are provided free of charge. In some cases, drinks may be sold on board at prices available on board or from DYC. In other cases, if the customer wishes to purchase beverages, they must do so ashore.

The Customer must inform DYC of any food allergies or dietary requirements no later than one week prior to embarkation. DYC will do its best to accommodate such requests. A supplement will be payable for special diets, the amount of which will be determined according to the number of days on board.
3.8 Excursion packages are available in certain destinations at extra cost. In some cases, a minimum number of participants is required to guarantee the excursion.
The customer has the option of adding transfers to and from the airport at an additional cost and with sufficient notice, provided that he/she has given DYC all the necessary information (flight numbers, etc.).
4 – PRICES AND TAXES
4.1 Price – Destination fee
Prices are fixed and payable in the currency specified in the Special Conditions.
Prices are firm for the duration of the offer. They may be modified as soon as the offer lapses.

In addition to the price of the cruise, destination fees are due, which vary according to the destination.

This cover (depending on destination):
      –      Custom taxes (for the boat)
      –      National Park fees (for the boat)
      –      Tourist taxes and landing fees on the islands
      –      Mooring fees
      –      Refills on water, fuel, gas, fresh products, etc.
      –      Miscellaneous: purchase of broken crockery, lost fishing lines or lures, etc

Rates include food, cleaning of common areas only, the above-mentioned taxes and those specified in the quotation, and all expenses related to running the boat (water, fuel, mooring fees).

4.2 Taxes
Unless otherwise stipulated in the Special Conditions, prices include VAT applicable at the time of acceptance of the Contract and the taxes mentioned in the quotation. For certain destinations (e.g. Seychelles), a local tax is payable on site, in cash and in local currency. Such taxes are not included in the price and are payable by the Customer. When such taxes are applicable, their existence is mentioned on the quotation.
5 – TERMS OF PAYMENT
5.1 The deposit and the balance are automatically due on the dates specified in the Special Conditions. The deposit is never refundable.
5.2 In the event of non-payment by the Customer of any sum due on the due date, DYC may cancel the Customer’s reservation without incurring any penalties and without the need for a reminder.
5.3 Where possible, a supplement may be payable for last-minute options taken at the base.
6 – CANCELLATION OR MODIFICATION OF THE CHARTER BY THE CLIENT
6.1 Before the date of embarkation, the Customer may cancel the Contract by paying the following amounts:
      a)       Cancellation 90 days or more before departure as originally planned: 30% of the cabin price (excluding options) remains due to DYC. If the renter has already paid for the options, they will be refunded by DYC.
      b)       Cancellation between 89 and 60 days before departure as originally planned: 50% of the cabin price (excluding options) remains due to DYC. If the renter has already paid for the options, they will be refunded by DYC.
      c)       Cancellation between 59 and 30 days before departure as originally planned: 75% of the cabin price (excluding options) remains due to DYC. If the renter has already paid for options, these will be refunded by DYC.
      d)       Cancellation less than 30 days before departure as originally planned: 100% of the cabin price remains due to DYC (excluding options; unless cancelled 7 days or less before departure, in which case options will remain due and will not be refunded).
      e)       If the Customer is not present at the time of boarding, even if the no-show is caused by a flight delay or other transfer delays, this will be treated as a booking cancellation less than 30 days prior to departure and the Customer will forfeit the entire booking. If the Customer is delayed due to an airport transfer arranged by DYC, this provision is waived and DYC will make all possible efforts to ensure that the Customer boards the ship in good time, taking care, however, not to penalize the other customers on the cruise too much. Any refunds due in application of this article will be made within 30 days of notification of cancellation by the Customer.
6.2 Changes of dates or boats after booking are subject to the rates in force at the time of the change.
7 – PRE-BOARDING FORMALITIES
7.1 No boarding will be possible unless all the following conditions are met:
      a.       Signature of the Booking Contract, either electronically or physically.
      b.       Full payment of all sums due to DYC for this cabin cruise.
      c.       Signature of safety briefing.
      d.       Receipt of the list of persons accompanying the customer with their names, ID numbers and dates of birth.
      e.       Receipt of any other documents required by local authorities (e.g. vaccination certificate, visa, copy of passport, etc.).
7.2 No animals are allowed on board.
7.3 The minimum age for boarding is 6 years on catamarans and 16 years on monohulls. If children are taken on board, the Customer will be entirely responsible for their safety, conduct and entertainment and no member of the crew will be held responsible for their safety or entertainment.
7.4 At the time of booking, disabled persons are asked to indicate in as much detail as possible the requirements that the cruise must meet, to enable DYC to determine whether or not a cabin cruise can be recommended for the safety of all.
7.5 All persons on board are presumed to be able to swim correctly and independently, even in rough seas. Persons who cannot swim or swim with difficulty must report to the skipper before boarding. Special safety measures may be imposed, and certain activities may be prohibited.
7.6 DYC reserves the right, at its sole and absolute discretion, to assign another boat for the cruise offering accommodation of similar size and comfort, with the same or similar facilities.
7.7 If, on the scheduled departure date for the cabin cruise, the rented Boat or equivalent is not available for any reason other than an event of Force Majeure, the Customer is entitled to the following options:
      −       Whenever possible, delay the departure date and maintain the duration of the cabin cruise.
      −       Maintain the return date of the Boat and benefit from a refund for the period of unavailability of the Boat pro rata to the unavailable days.
      −       If the delay exceeds a quarter of the duration of the cabin cruise, the Customer may cancel the cruise and will be refunded the amount paid for the cabin cruise
8 – DYC WARRANTIES AND PROCEDURES
8.1 DYC represents, warrants and covenants that, upon embarkation, the Vessel will comply with all applicable laws and regulations of the Vessel’s flag state, and of any country located in the cruising area, including, but not limited to, all laws and regulations governing charters and all laws or regulations relating to documentation, registration or customs regulations, so that the Vessel may be lawfully used for the purpose of the performance under the Contract. DYC undertakes to provide a seaworthy vessel.
8.2 DYC undertakes to provide a competent crew (skipper and hostess/steward). However, skippers and hostesses/stewards are sailors, whose duties are limited to driving the boat and ensuring safe navigation for the skipper. For the hostess/steward, her duties are limited to preparing meals, setting and clearing the table, washing up and cleaning the communal areas. Neither are porters, nannies, housekeepers or other cleaning staff.
8.3 In the event of a problem during the trip, the Customer is obliged to report it to the skipper or base as soon as it arises (either on departure or during the cruise), which gives DYC the opportunity to find a solution or resolve the problem. If DYC is unable to provide this solution, the Customer may then raise the issue via their sales agent after the end of the trip, but within a maximum of 4 weeks from the return date. DYC’s customer service team will then conduct a thorough investigation, contact the skipper or base, arbitrate and communicate with the Customer. Failure to raise the problem during the trip, whatever it may be, will render any claim inadmissible after the fact.
8.4 If excursions or other complementary services are not available at the time of the cruise, DYC will endeavor to provide replacement excursions or other complementary services that meet the Customer’s expectations, at no additional cost to the Customer. If DYC is unable to provide replacement services, DYC will refund the Customer the full value of the excursions or other complementary services not provided. This clause does not apply to cancellations made by the Customer.
8.5 The skipper may change the itinerary at any time, either due to unfavorable weather conditions or due to operational constraints of any kind. In addition, DYC cannot guarantee passenger comfort in the event of adverse weather conditions, and the skipper may be required to modify the itinerary in order to avoid, as far as possible, sailing in conditions of obvious discomfort. The customer accepts these risks and waives all claims in this respect.
9 – CUSTOMER RESPONSIBILITIES
9.1 At check-in and before signing the safety briefing, the Customer will check that the cabin and its equipment are in good working order and comply with standards. At this time, the Customer may report to DYC anything that he/she considers contrary to or below the standards set out in the invoice. Acceptance by the Customer certifies that DYC’s boarding obligations have been met.
9.2 The Customer is solely responsible for all personal belongings, both tangible and intangible, brought aboard the Boat.

The customer and accompanying persons must be very careful with electronic devices, such as telephones, cameras and computers, and in particular provide waterproof covers when boarding a boat. DYC advises against bringing valuables or large sums of cash, and declines all responsibility in the event of theft, damage or loss. DYC does not provide safes on board.
9.3 The Customer accepts responsibility for all persons accompanying him/her and undertakes to ensure that they comply with all the rules set out in the Contract and the crew’s instructions. Particular care must be taken in the presence of children, who remain the sole responsibility of the Customer and accompanying adults.
9.4 The Customer undertakes to comply with all regulations applicable in the cruise area, in particular concerning protected areas, marine parks and fishing restrictions. The Customer shall hold DYC harmless from and against any claim or legal action arising from the Customer’s failure to comply with these rules and regulations. All illegal activities (drug trafficking, prostitution, transport of migrants, transport of illegal materials (weapons, dangerous products) are strictly forbidden. If such substances are used by Customers or found in their possession, or if the Customer’s behavior threatens the safety of the occupants (particularly in the case of serious drunkenness), the skipper will disembark the Customers concerned at the next port of call without refund of the cabin cruise fee.
9.5 The Customer’s attention is drawn to the special nature of boat toilets. Any improper use, in particular the throwing of anything other than the legitimate quantity of paper provided for this purpose, may result in the toilets being rendered unusable. The Customer will be held responsible.
9.6 If the Customer decides to interrupt or shorten his/her cabin cruise, or not to use certain services, no refund will be possible.
10 – INSURANCE
10.1 DYC has taken out insurance cover with a reputable P&I Club to cover any damage suffered by cruise passengers.
10.2 However, the following are excluded from the scope of the insurance, whether for the Customer or any person on board, and are therefore not covered:
      −       theft or loss of personal effects
      −       any accident they may suffer on board or during the cabin cruise, through no fault of DYC
      −       any damage caused by a deliberate or intentional act on the part of the Customer or persons accompanying the Customer
      −       any violation by the Customer or persons accompanying him, of the rules laid down in the Contract or the crew’s instructions.
10.3 Customers are encouraged to take out travel insurance to cover any losses they may incur should the cabin cruise be cancelled prior to departure or to cover losses not covered by insurance. DYC is at your disposal should you require further information.
11 – FORCE MAJEURE
11.1 DYC shall not be liable for the non-performance, in whole or in part, of its obligations under this Contract if such nonperformance or delay in its contractual obligations is due to an event of Force Majeure, such as, but not limited to, governmental decision, law (obligation of maritime assistance), war (whether a state of war is formally declared or not or whether it is a civil war), threat to personal safety (such as hostage taking, kidnapping, assassination, bombing, suicide attack, boarding, acts of piracy), explosion, civil unrest, act of terrorism, uprising, insurrection or coup d’état, sabotage, fire, flood, drought, monsoon, natural disaster, cyclone, particularly tropical cyclone, named meteorological phenomenon, epidemic, quarantine, confinement, disruptions to sources of supply (particularly of energy, raw materials, etc.) or transport, blockage of transport routes (canal, port access, port congestion), strike, lock-out, or any other event beyond its control.
11.2 In the event of delay or failure to perform based on an event described above not allowing the cabin cruise as scheduled:
      –      All payments made for cabin cruises will be credited towards future cabin cruises.
      –      DYC will make proposals to the Customer to enable him/her to book a new cabin cruise, at a new location or on new dates, or both, depending on the Customer’s availability and preference.
      –      DYC will not be responsible for any additional costs incurred by the Customer as a result of changes to their cabin cruise due to a Force Majeure event.
12 – LIMITATION OF LIABILITY
12.1 DYC is only liable in the event of gross negligence on the part of DYC.
12.2 The Boat is insured under the conditions set out in Article 10 and the Customer agrees to waive any recourse against DYC for amounts exceeding the reimbursements made by the insurers in application of the policy and Article 10, before any jurisdiction whatsoever.
12.3 The total liability of DYC, regardless of the basis and nature of the action brought against DYC for any damages other than those covered by the insurance provided for in Article 10 (e.g. defective equipment), may in no case exceed the amount paid for the cruise by the Customer.
12.4 In no event will DYC be liable for consequential and/or indirect damages, such as loss of use, data, operations, profits, business, revenue, customers, anticipated savings, reputation, and more generally, losses of an economic or financial nature, whether considered indirect or resulting directly from the event giving rise to the claim for compensation.
13 – COMPLIANCE WITH APPLICABLE LAWS – ECONOMIC SANCTIONS – PERSONAL DATA
13.1 The Parties undertake to comply with all applicable laws, regulations and rules, in particular those relating to the fight against corruption, illegal trafficking and any customs or environmental regulations.
13.2 Economic sanctions – Embargo
The Parties represent and warrant that they and their Representatives will comply with all restrictions and/or prohibitions applicable to business transactions under any law, regulation, rule or other ruling issued by any governmental entity, including, but not limited to, the United States, the European Union, the United Nations and the United Kingdom.
The Parties further represent and warrant that they and all of their Representatives are not identified, listed, owned or controlled by any entity listed by the United States, the European Union, the United Nations or the United Kingdom as a “Blocked Person”, “Denied Person”, “Specially Designated National” and are not subject to any prohibitions on doing business under any laws, regulations, rules or other rulings published by the United States, the European Union, the United Nations or the United Kingdom. Each Party shall immediately notify the other if it or one of its Representatives is added to a sanctions list.
The Parties shall not, directly or indirectly, enter into any agreement or transaction with any “Blocked Person”, “Denied Person” or “Specially Designated National” in connection in any way, directly or indirectly, with the goods or services provided under this Agreement.
13.3 Personal data
The Customer has the following rights under the conditions provided for by the legislation on the protection of personal data:
      –      Right to access and obtain a copy of your personal data held by DYC,
      –      The right to have inaccurate or incomplete personal data corrected and updated,
      –      The right, under certain conditions, to have all or part of your personal data deleted,
      –      The right to obtain information about the conditions under which DYC uses your data,
      –      Right to object, at any time and without justification, to your data continuing to be processed for commercial prospecting purposes (receipt of SMS and commercial e-mailings) even if you had initially consented to this,

These rights can be exercised by sending an email to [email protected]
14 – APPLICABLE LAW – JURISDICTION
The Contract is subject to Mauritian law.
In the event of a dispute between the Parties, the Party having a grievance shall inform the other Party by letter with acknowledgement of receipt. The Parties undertake to attempt to find an amicable solution to the dispute by negotiating in good faith.
If no amicable solution is found within 60 days of receipt of the letter stating the grievance, any difficulty relating to the formation, interpretation or performance of the Cabin Cruise Contract, notwithstanding multiple defendants or the introduction of third parties, even for emergency or conservatory proceedings, in summary proceedings or by petition, will fall within the exclusive jurisdiction of the competent courts of Port Louis – Mauritius.
15 – MISCELLANEOUS PROVISIONS
15.1 Entire Agreement: The Cabin Cruise Agreement and these Cabin Cruise General Terms and Conditions, which form an integral part thereof, constitute the entire agreement between the Parties with respect to its subject matter. It terminates, as of its effective date, all commitments or agreements previously entered into between the Parties with respect to the same subject matter.
15.2 Partial invalidity: If any provision of this Agreement should be declared invalid or unenforceable pursuant to any law, regulation or final decision of a court of competent jurisdiction, such provision shall be modified in order to obtain its validity or shall be deemed unwritten but shall not cause the remaining provisions of the Agreement to become invalid or unenforceable. The Parties agree to use their best efforts to replace any invalid or void clause with a new clause as close as possible to the original intention of the Parties.
15.3 Assignment – Subcontracting: DYC shall be free to assign or subcontract to any company of its choice, all or part of its rights and obligations arising from the Cabin Cruise Contract, without the Customer’s prior authorization.
15.4 Communication: Exchanges between the Parties will take place by email or telephone for routine conversations and for urgent conversations, particularly in the event of a claim. A written conversation may be requested. Exchanges of a contentious nature must be made by express mail with acknowledgement of receipt or by registered letter with acknowledgement of receipt. Any questions relating to the Contract or these General Terms and Conditions may be addressed to [email protected].
15.5 Unless explicitly refused by the Customer, DYC may use any image of the Boat in which crew members may appear for promotional or marketing purposes in any media, including but not limited to: brochure, video, press or internet advertising, slides, video projections, free of charge.
16 – ACCEPTANCE OF TERMS AND CONDITIONS
The present General Terms and Conditions for the supply of Cabin Cruises are read, understood and expressly accepted by the Customer and DYC, by DYC by issuing its offer and by the Customer by payment of the deposit, which is only possible after approval of the present General Terms and Conditions for the supply of Cabin Cruises.

3. DURATION

The duration of the contract for the provision of services shall be defined in the Particular Conditions that apply in each case, taking into account the nature of the goods and services that are the object of the contract.

4. CUSTOMER SERVICE

DYC puts at your disposal the following free means of Customer Service for the communication of suggestions, doubts, or any type of incident, complaint and/or claim related to the contracting of goods and services through the Website.

  • Email:
  • Customer service telephone number:

Website Contact Section

5. PERSONAL DATA PROTECTION

DREAM YACHT GROUP is responsible for the processing of your personal data obtained through the contracting process, which will be processed for the purposes of:

(i) Manage your booking

(ii) To manage your relationship with DYC.

(iii) If you give your express consent, to send you commercial communications related to the services provided by DYC.

You may also exercise your rights of access, rectification, deletion, opposition, limitation of processing and portability of your data as well as the right not to be subject to decisions based solely on automated processing contacting us.

If you need more information about how we process your data, you can consult the DYC Privacy Policy.

Likewise, in the Particular Conditions that are applicable in each case, the information relating to the different processing of your personal data that is carried out in addition to or differently from what is established in this clause will be determined.

6. LIABILITY

The supplier declares that it will be solely responsible for guaranteeing the rights of consumers in relation to the goods and services offered on the Website, as well as for everything arising from their purchase or contracting.

7. LEGISLATION AND JURISDICTION

These General Conditions are submitted to Spanish law, without prejudice to the application of mandatory rules of the user’s country of residence. Barcelona (Spain) courts shall be competent as regards any claim arising from a visit to the Website or linked to it, without prejudice however to any rights you may have, as a consumer buying products on our Website, under applicable law and in particular Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, of 12 December 2012.

Likewise, if you are a consumer, you will be able to take advantage of the European Union’s online litigation platform, accessible through the website https://ec.europa.eu/consumers/odr

UPDATE

These General Conditions may be updated periodically to reflect changes in the use the Site. We will post a prominent notice on the Site to notify you of any significant changes to our General Conditions and will indicate at the bottom of the General Conditions when it was last updated.

Last update: October 2022.

© 2022 – DREAM YACHT GROUP – Total or partial reproduction rights will be prohibited. All rights reserved.

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