General Conditions of Yacht Charter Agreement Conclusion

§ 1

The present General Conditions of Yacht Charter Agreement Conclusion specify rules for the users of www.yachtic.com of concluding agreements concerning yachts offered on this page by their operators.

§ 2

The terms used in this General Conditions of Yacht Charter Agreement Conclusion mean the following:

1) GAC – this General Conditions of Yacht Charter Agreement Conclusion.

2) Agent – Yachtic Spółka z ograniczoną odpowiedzialnością, 40-687 Katowice, 19 Sobocińskiego Street.

3) Website – website www.yachtic.com, unless a different website is stated in the GAC.

4) Operator – the Ship Owner or an administrator acting on behalf of the Ship Owner of the yacht made available through the website.

5) GCC – General Charter Conditions, conditions of chartering an individual yacht made available on the website specified by the Ship Owner or the administrator, that determine rights an. obligations of the parties to the yacht charter agreement.

6) Client – a website user chartering the yacht via the website.

7) Yacht charter agreement – an agreement concluded between a client and the ship owner or yacht administrator whose subject matter is a charter of an individual yacht made available on the website.

8) Client Account – a part of the yachtic.com website protected by a password and available only to the Client, where all reservation details are specified and the reservation can be managed.

§ 3

1. All client shall accept the provisions of the present GAC, and shall especially accept the fact that the agent is only an intermediary when concluding yacht charter agreements, and the parties to this agreement are the ship owner or the administrator and the client. The Client shall also accept the fact that the full liability for non-performance or improper performance of the yacht charter agreement, and any liability for damages made in relation to the yacht charter shall lie with the ship owner or the administrator.

2. The Client shall accept the GAC and the GCC.

3. The Client accepts the fact that the Agent does not offer tourist events or related tourism services within the meaning of the Act on tourist events and related tourist services.

§ 4

1. There are images and yacht descriptions published at the website. The images as well as the descriptions are made available to the Agent and the Operator, so the Agent has no influence on their contents.

2. Yacht charter agreements are concluded according to conditions specified by the Operator.

§ 5

1. The customer selects the yacht and the date of the charter on the website.

2. The customer confirms the willingness to book by using the Pre-book button. Upon confirmation of the booking's willingness, the Agent makes an optional booking (initial reservation) for a period not exceeding 5 days, however not longer than indicated in the Customer Account. During this period, the Client has the right to resign from charter, and the Agent has the right to cancel the reservation in the event of a data error.

3. During the reservation, the Customer is automatically created a Client Account in which all information regarding his reservation is available.

4. The customer is obliged to activate his account within 3 hours of its establishment, otherwise the booking may be automatically canceled.

5. Before the end of the optional booking period, the Customer should pay the amount indicated in the Customer Account to the agent's account. After fulfilling the requirements described in the preceding sentence made by the client, the optional booking will obtain the status of a confirmed booking and a contract for yacht charter will be established with the Operator on the terms specified in this agreement and charter conditions. Failure to meet any of the above conditions by the specified date will result in the cancellation of the optional booking.

6. The remaining part of the receivables should be paid directly to the Agent's account on the date specified in the Customer Account via bank transfer or electronic payment.

7. The Customer is obliged to provide a crew list after logging in to the Customer Account on the Website no later than 14 days before the start of the charter. If the reservation is confirmed later than 14 days before the beginning of the charter, it is the day of its confirmation.

8. Failure to provide the crew list within the time specified in item 7 of this paragraph authorizes the Agent to request an additional handling fee of 19 € from the Customer, at the same time authorizing the Agent to provide the Operator with information on refusal to provide the list of crew by the Customer.

9. After paying all fees and completing the crew list, the Customer will receive a Boarding Pass document from the agent, which is the basis for taking over the yacht.

10. Failure to pay the fees in full shall entitle the shipowner or manager to terminate the contract and charge a contractual penalty in accordance with the rules applicable when resigning from charter specified in the charter conditions.

11. If the Customer provides incorrect or untrue address data, incorrect e-mail address, incorrect contact phone number or unable to contact the Customer after making his reservation, the Agent reserves the right to cancel the initial booking without informing the Customer.

12. If it is necessary to make changes to the booking after its confirmation, resulting from the fault of the Customer (eg change of date, assignment of contract, etc.), a handling fee of 100 € will be charged for each change. When transferring the charter to another date, the new price is determined on the basis of the base price list without applying discounts. When transferring to the date / yacht, the more expensive customer is obliged to pay the difference in price. In the event of transfer to a date / cheaper yacht, the price difference is not refundable. The operator may not consent to the change of the date.

13. For payments in PLN carried out outside the Dotpay electronic system, a publicly available table of exchange rates of ING SA bank currencies shall be used, provided that the Customer does not use the preferential currency exchange rate offered in the Client Account.

§ 6

At the place of yacht takeover, the client should present to the Operator or others acting on behalf thereof the following document:

1. Boarding Pass.

2. A personal identification document of the client and other people signed on the yacht.

3. Documents indicated in the charter conditions content.

4. Document confirming licences/permissions to steer the yacht in waters, where the charter will take place.

§ 7

1. The Client accepts the fact that the Operator or other persons acting on behalf thereof at the place of yacht takeover, are authorised to verify the Client's licences and to check the Client's practical skills of yacht steering. If the Operator or a person on behalf of the above-mentioned people has justified doubts on the Client's steering skills, he/she shall be entitled to sign a skipper on the yacht. The skipper's cost shall not be a part of the charter prices and should be regulated by the client according to the charter conditions. The Agent is not responsible for the consequences of the lack of the required licences by the Client and does not verify them.

2. The Client is obliged to send, upon the Agent's request, copies of travel documents and a copy of the authorization to operate the yacht, if required by the Operator or by the authorities of the country where the yacht charter takes place.

3. The client accepts the fact that prior to taking over the yacht, he may be asked to sign the charter agreement in the language of the country where the charter takes place, signing the agreement in the local language may condition the delivery of the yacht to the client.

§ 8

1. If the client resigns from the yacht charter, he/she shall be obliged to pay a contractual penalty to the amount of:

1) Up to 30 days before the yacht takeover stipulated in the yacht charter agreement – 50% of the charter.

2) Below 30 days before the yacht takeover stipulated in the yacht charter agreement – 100% of the charter.

2. The Client shall be entitled to take out charter resignation cost liability insurance within 7 days from the yacht reservation date.

§ 9

The Operator and the Agent shall not be liable for non-performance or undue performance of the agreement, nor for any damages of the client resulting for reasons not attributable to them or force majeure. Force majeure includes all unforeseeable events beyond the reasonable control of any of the parties, and especially: natural disasters, epidemics, warfare, emergency situations, national authority decrees.

§ 10

1. Any complaints concerning actions or omissions of the Agent should be made by the Client or any person authorised by the Client in writing to the Agent's address within 30 days from the circumstances being the basis for the complaint.

2. Any complaints regarding the Operator's actions or omissions shall be made by the Client or other person authorized by him in writing to the Agent's address within 30 days from the date of the circumstances giving rise to the complaint.

3. The basis for complaints regarding the Operator's actions or omissions is the yacht delivery and acceptance (check list) report signed by the Operator and the Customer, taking into account the Customer's reservations. In the absence of such a protocol, complaints will not be considered.

4. While considering the complaint, the Agent may request additional clarifications from the Customer. If the Customer does not respond to such a request within 14 days, the complaint will be rejected and will not be reconsidered.

5. A complaint can only be submitted through thecomplaint form on the website. The customer accepts that all correspondence regarding the submitted claim will also be done electronically.

§ 11

1. The agreement with the agent shall be governed by Polish law.

2. The law applicable for the yacht charter agreement shall be determined according to the regulations in force.

3. At the client's request the Operator issues an invoice / bill to the Customer at check out. The customer is obliged to check the correctness of the data in the issued documents. The agent is not responsible for any errors on the invoice / bill.

4. The invoice / bill for the service is issued in the language of the Operator's country of residence and in accordance with the regulations in force in that country.

§ 12

1. Any disputes arising from the Agent's acts or omissions shall be heard by general jurisdiction.

2. Disputes related to the yacht charter agreement shall be heard according to regulations applicable to this agreement.

§ 13

1. When making a boat booking, the Customer may also take out charter cancellation insurance on the Website however, no later than 8 days before the start of the charter.

2. Cancellation insurance will cover all persons entered into this insurance in the Customer Account.

3. The reporting of data of insured persons against cancellation shall be made by the Customer in the Customer Account. This data should be provided no later than on the 2nd day of confirmation of the optional booking however, no later than 8 days before the start of the charter.

4. If you do not notify any insured persons against the cancellation within the time specified in item 3 of this paragraph, cancellation insurance will not be activated.

5. In the case of non-activation of insurance against cancellation of reasons as in section 4 of this paragraph, the insurance fee is not refundable.

6. The insurance period begins at the time of issuance of the insurance policy, no later than 7 days from the confirmation of the optional booking.

7. Confirmation of insurance activation is the insurance policy, which the customer receives by email, to the address provided by him in the Customer Account.

8. The customer is obliged to check the correctness of the data contained in the insurance policy. Any non-compliance should be reported to the Agent at the latest 7 days after issuing the policy.

9. Inconsistencies not reported to the Agent as described in item 8 of this paragraph can not be the basis for a complaint.

10. The costs of changes made in policies after their issuance, not resulting from the Agent's fault, are covered by the Customer. The handling fee added to the cost of each change is 15 €.

11. Detailed insurance conditions are available at: https://www.yachtic.com/insurance-conditions

§ 14

1. When making a yacht booking, the Customer may also purchase the crew travel insurance on the Website.

2. All crew members covered by the crew list in the Customer Account will be covered by the crew insurance.

3. In the event of not reporting the crew's data in the Customer Account within the deadline specified in par. 5 p.7 crew insurance will not be activated.

4. If the crew's insurance is not activated for reasons as in section 3 of this paragraph, the insurance fee is not refundable.

5. Confirmation of insurance activation is an insurance policy, which the Customer receives by e-mail to the address given by him in the Customer Account.

6. The customer is obliged to check the correctness of the data contained in the insurance policy. Any non-compliance should be reported to the Agent at the latest 7 days after issuing the policy.

7. Non-conformities not reported to the Agent as described in point 6 of this paragraph can not be the basis for a complaint.

8. The costs of changes made in policies after their issuance are not covered by the fault of the Agent are covered by the Client. The handling fee added to the cost of each change is 15 €.

9. Detailed insurance conditions are available at: https://www.yachtic.com/insurance-conditions