GENERAL TERMS & CONDITIONS FOR BAREBOAT CHARTER

Purpose

These General Terms & Conditions for the Bareboat Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on the vessel - yacht charter.

Contracting Parties

The charter contract is between the client who charters the vessel (the Client) and the owner of the yacht, represented by UD Yachts Ltd (the Company).

The booking is confirmed when advance payment (40% deposit payment) is paid by the Client and received by the Company. A written booking confirmation will then be issued to the Client.

Payment Methods

After the yacht charter reservation has been agreed upon, which will be effective in writing only, the payment is to be done according to the following calculation:

- 40% for advance payment at the time of booking reservation

- 60% of balance on the day of the charter, prior to departure 

All payment must be done according to payment instructions listed in the pro-forma invoice which the Company has sent either to the Client or to Agency. The vessel can be taken over only after the complete amount for yacht charter and all contracted extra services have been settled in full. If either the advance payment or balance payment has not been settled in the time frame stated above, the Company shall be entitled to cancel the vessel’s booking without any refund to the Client.

The Price of Yacht Charter

The price for the charter shall include the following: the vessel is equipped according to the presently effective inventory list, as well as usual charter base services at the time of the vessel's delivery (check in/check out). The charter price shall not include additional services such as food and beverages, costs for marina services and moorings, harbour dues, entrance tickets to parks, or any other additional services other than those explicitly stated as included in the vessel’s price list.

Weather Policy :

We have a Rain or Shine policy:  only in extremeweather conditions which our Captain deems unsafe for the voyage will we cancel your booking. Because of Toronto’s erratic weather conditions in summer, The weather conditions will be determined two hours before the charter time (not days before). And we only reschedule on the booking day after the Captain deems it is unsafe to go out on the water.

Cancellation by Client

Once a client books a yacht, we notify all subsequent inquiries that “the boat is unavailable and taken,” so for this reason, we do not offer any refund on cancellations. If you cancel a reservation greater than 14 days away, we issue a refund.Should the charter of the booked Yacht be cancelled by the Client for any reason, the Client shall be liable to inform the Company about the cancellation. The Client shall be charged for the cancellation, which is the complete booking deposit. Exceptionally, should cancellation of the yacht charter booking be done owing to an act of God, i.e. objective, serious reasons stated and proven by the Client (death in the near family, sudden severe health condition, a severe accident, etc.), the Company may allow the Client to use the already paid amount as a pre-payment for the next booking within one year period. The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges.Should the Client not check in for the charter (no-show) or leave the Vessel prior to the contracted check-out time (early abandon), 100% of the booking deposit will be retained and the Client does not have a right for any refund.

Cancellation by Company

Should the booking be canceled by the Company because of mechanical issues or unworthiness of the yacht, the Company will offer to the Client:

a) A reservation of another vessel, from the Company's own fleet or from another fleet, of similar size and with similar features, if possible. If the new vessel is cheaper than the original Company will also refund the price difference as per valid price lists of both vessels, applying the same discounts which were approved to the Client for the original booking. Generally, in case of switching to another vessel, these Terms apply to the new vessel accordingly.

Or

b) A full refund of all amounts that the Company has received from the Client for the vessel. The client acknowledges that in the case when severe damages to the vessel have occurred during the previous charters or due to events such as acts of God, Company is objectively not guilty for this, and thus the Client shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances.

Additional Services

• BBQ: The use of the BBQ is available supervised by one of our crew for a $200 fee while Anchored or Docked. please speak to our reservation team for more details.

• The Company will make every effort to provide the requested extras to the satisfaction of the Client and will communicate the feasibility to the Client at the time of the request. The Client acknowledges that the Company is not obliged to provide the extras when requested after the initial booking. The extras must be confirmed by both sides in writing, no later than one day prior to the beginning of the charter.

Security Deposit

Before taking over the vessel, the Client must give a security deposit (hereinafter: Deposit) in amount according to the valid price list of the Company. The Deposit may be given either in cash or with one of the credit cards accepted by the Company. After the completion of the yacht charter, the whole Deposit shall be repaid to the Client, except in the case that vessel damages or loss of equipment have occurred or the Client or their group have not acted in accordance with the outlined Terms. In the case of damage or breach of conditions, the Deposit will be retained partially or or in full, depending on the nature of the damage or breach:

• In case of a larger damage or breach, the Deposit shall be kept in full and the Client has no right to a refund. Large damage includes but is not limited to: vomit and clogged toilets. If the vessel is damaged in a way that prevents it from conducting the next charter, the Deposit will also be retained to cover the expenses endured by the Company related to remuneration for the next Client.

• In case of a smaller damage or breach, such as broken items caused by negligence or stains, the Company will keep the amount needed for the repairs and purchase of damaged or lost equipment, covering of intervention costs, plus CAD $100.00 for handling costs, while the rest of the Deposit shall be refunded to the Client.

Paying a Deposit is obligatory, including in the case that the Client hires a professional skipper from the Company. In the case that a Skipper is provided by the Company, the Deposit cannot be used for covering the costs which emerge due to skipper's negligence, bad operation of the vessel or its equipment.

In the case that the damage has happened due to gross negligence of the Client, the Client shall be liable even beyond the amount of the Deposit, including expenses connected to repairs and remunerations for lost charter income in the next weeks. In such cases the Client is liable to cover those expenses without delay, and latest within 30 days from the end of the charter period.

In case of lost equipment, the Client is liable to the Company for the full price of the lost items. These must be paid to the Company within 7 days from the end of the charter period.

Damages During Charter

Should any severe damage emerge during the yacht charter, the charter will be canceled immediately and the Client will be charged with the repair costs. The Client will not be refunded for the forfeited time.

Risk of Yacht Use and Insurance

Client fully accepts all risks connected with the charter, and all possible damages which can arise to the Client and/or crew members due to the vessel use. In particular, the Client accepts the sole responsibility for the vessel use, and waives each and every responsibility of Company, including in situations such as possible accidents and injuries of the Client and/or crew members, regardless of the reason of their occurrence, as well as any possible damages on the Client’s and/or crew members’ personal belongings, as well as the situations when the belongings are missing or lost, either during the charter or after the check-out.

All vessels have been hull insured and have the appropriate insurance policies against damage towards persons and against damage towards third parties. The insurance does not cover damages of Client’s personal property and property brought to the vessel, nor any deliberately caused damage, nor any damage caused by Clients' lack of diligence.

Check-In Procedure

The Client must send a complete and accurate passenger (guest) list, prior to boarding. The Client agrees that s/he is the main contracting party of the Company and that the Client is responsible for the other guests onboard. The Client is responsible for the accuracy of the delivered passengers list information, as well as for the validity of all passports, visas, licenses and other identification documents.

The Client is obliged, on the occasion of taking over the vessel, to give to the representative of Company a verified voucher with all Client’s data and charter appointment, with an insight into the original document of the skipper's license. Also, identification documents (e.g. passports) of all guests on board must be provided for the purpose of re-checking the crew list. On the occasion of taking over the vessel the Client shall examine the inventory list with the representative of the Company, confirming the condition of the delivered vessel with his signature.

The same procedure shall be done with instruments aboard. Any possible Client's subsequent complaints would not be accepted if the Client confirmed that the vessel was in order and that the vessel’s equipment was complete and in order as well. Possible concealed faults and absence of the equipment that Company was unaware of during the take-over of the vessel do not entitle Client to require the charter price deduction. Should any of the vessel's parts be damaged or lost during the previous charters, and if it is impossible to obtain the new vessel parts prior to the date of the new charter, provided their loss will not seriously affect the security of navigation, it will not be possible for the Client to give up the charter or to demand a reduction of the charter price. Client acknowledges that such situations are not under influence of the Company, but are consequences of damages made by a previous Client. 

Check-Out Procedure

The Capitan will return the yacht to the dock 10 minutes prior to the specified end time of the charter, to give passengers time to gather their belongings and safely deboard the vessel.

The Client shall pay for damages on a vessel as described in these Terms, if any damages are found during the vessel’s examination. If the vessel is returned in a good state, the whole Deposit shall be returned to the Client.

Company’s Liabilities

The Company shall deliver the vessel in good working condition. The Company shall arrange and conduct check-in and check-out services at the base according to usual industry standards and procedures. In case of any special or additional requests of the Client (e.g. earlier check-in, longer explanations during check-in, special needed etc.) the Company shall try to resolve them to the satisfaction of the Client, but the Client acknowledges that this is not a liability of the Company, and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially. The Company is not responsible for delays caused by Force Majeure (e.g. earthquakes, floods, thunders, fire, other natural calamities, wars, civil wars, terrorism, strikes, etc.) or by severe weather conditions.

Client Liabilities

In addition to the stipulations outlined in these Terms, the Client shall also be held liable to:

• Not transport persons or goods for commercial purposes, or engage in any other commercial use of the vessel

• Have aboard the exact persons, and number of persons, as stated on the crew list, and promptly inform the Company about any possible changes in passengers,

• Respect all legal regulations and rules of Toronto Harbour

• Not use or carry any illegal drugs on board

• Not make excessive noise in marinas, harbors and other mooring locations

• Respect privacy and night-rest rights of occupants of the neighboring vessels and houses

• Not engage in fishing or any other submarine activities without a valid license for such activities

• Not embark pets (dogs, cats, birds, etc.) aboard without written consent of the Company

The Client warrants joint responsibility for the other passengers (guests) on board. All consequences arising from the Client or the passengers on board not respecting the above liabilities are the joint and several responsibility of the Client and the guests onboard. In case of breach of the clauses above or other obligations of the Client and guests based on these Terms, the Company is entitled to remunerate from the Deposit in an amount between CAD 100.00 and the full Deposit, depending of the seriousness of the breach, and to claim indemnity for full incurred damage.

Sailing Area

The sailing area of the vessel is within the territorial waters of the Toronto Harbour, Toronto Islands and Lake Ontario.

Complaints

Written complaints shall be accepted from the Client who signed the Charter Agreement and must be signed by both the Client and Company representative. The complaints shall be resolved in the following manner:

• In case of a cleanliness complaint, the Company will inspect the issue and if the complaint is justified, organize additional cleaning services to correct the issue in a timely manner. In case of such complaints, no refund shall be issued.

• In case of smaller reported shortcomings or damages, which do not seriously affect security or navigation, the Company will inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue. The Client acknowledges that, despite the best efforts of the team, it may not be possible to correct the issue immediately, before the charter departs. Generally, in cases of small issues that do not affect the integrity of the vessel, no refund shall be issued.

• In case of serious issues that could not objectively have been noticed during the check-in, but were properly reported according to section “Damages during yacht charter”, the Client may request compensation for the issue up until the end of the charter. Once the check-out has been completed, no refund shall be issued.

The parties will strive to resolve any dispute in a peaceful manner. If the parties are not able to reach an agreement amongst them, the Ontario court system has the jurisdiction over their dispute.