General Terms and Conditions (GTC) for MY YACHTWEEK S.L.U. (MYW)

1. Scope and Conclusion of Contract

1.1. These General Terms and Conditions apply to all contracts for yacht charters offered by MYW, whether for bareboat charters or charters with a skipper provided by MYW.

1.2. The contract is concluded upon written confirmation by MYW and receipt of the agreed deposit from the customer.

2. Payment Terms and Additional Costs

2.1. Payments: Unless otherwise specified in the contract, a deposit of 50% of the charter price is due within seven days of signing the contract. The balance, as well as additional costs (e.g., for a skipper, the charter package, etc.), must be paid no later than four weeks before the start of the charter. Payment must be made within the specified time limits.

2.2. Fuel tanks: At the end of the charter, the fuel tanks of the boat and the tender must be fully refueled. If this is not done, the corresponding costs, including a service fee, will be charged to the customer.

3. Types of Charter: Bareboat and Charter with Skipper

3.1. Bareboat Charter (Customer as Skipper): In a bareboat charter, the customer assumes responsibility for the yacht as skipper. The customer must have a valid sailing license and proven experience in operating comparable vessels. The charter price includes the use of the yacht and its equipment, but no services such as skipper or crew. MYW reserves the right to refuse the handover of the yacht if the customer cannot demonstrate the required knowledge. In this case, MYW can provide a skipper, and the costs will be charged to the customer (surcharge of 50% of the regular skipper fee).

3.2. External Skipper: The customer may hire an external skipper. In this case, the customer remains responsible for the yacht and liable for any damages or violations caused by the external skipper. The external skipper must be approved by MYW before the charter begins.

3.3. Charter with Skipper from MYW: When a skipper is provided by MYW, the skipper assumes nautical responsibility. The charter price includes the use of the yacht and its equipment as well as the services of the skipper. Additional services such as a hostess, catering, or special equipment are not included in the base price but can be added for an additional fee.

4. Deposit and Insurance

4.1. Deposit (Bareboat Charter): For a bareboat charter, the deposit is €7,500. This serves as security for any potential damages or losses. The deposit must be provided before the start of the charter and will be refunded upon return of the yacht without damages.

4.2. Deposit (Charter with Skipper from MYW): If a skipper is provided by MYW, the deposit is reduced to €1,500, as the skipper assumes nautical responsibility.

4.3. Insurance: MYW recommends that customers take out the following insurance policies:

   – Skipper liability insurance: To protect against claims that may arise due to the skipper during the charter.

   – Charter deposit insurance: To protect the deposited amount in case of damages or losses during the charter.

   – Charter consequential damage insurance: For any consequential damages to the yacht or equipment that are not covered by standard insurance.

   – Travel cancellation insurance: To cover the customer in the event of cancellation due to unforeseen circumstances, illness, or other personal reasons.

5. Cancellations and Changes

5.1. Cancellation by the Customer: If the customer needs to cancel the charter, MYW must be informed immediately. MYW will attempt to find a replacement charter under the same conditions. In this case, the payment will be refunded minus a handling fee of 10% of the charter price. If no replacement charter is found, the following conditions apply:

   – Cancellation up to 4 weeks before the start of the charter: 50% of the charter price.

   – Cancellation within 2 weeks before the start of the charter: 100% of the charter price.

5.2. Cancellation by MYW: MYW may withdraw from the contract if unforeseeable events such as force majeure, natural disasters, wars, or government measures make the charter impossible. In this case, all payments will be refunded in full. Further claims are excluded.

6. Safety and Conduct Rules on Board

6.1. Skipper’s Instructions: All participants are required to follow the skipper’s instructions (whether the customer, external skipper, or MYW skipper) to ensure the safety of the crew and the yacht. The skipper has the authority to exclude a crew member from the trip if their behavior endangers safety.

6.2. Safety Equipment: Life jackets, lifeboats, and safety equipment must be used as instructed by the skipper.

7. Liability and Insurance

7.1. Liability of MYW: MYW is only liable for damages caused by gross negligence or intent, and only up to the amount of the charter price. MYW is not liable for delays, route changes, or disruptions caused by technical defects or unforeseeable circumstances such as weather conditions.

7.2. Liability of the Customer: The customer is liable for all damages caused by them or their crew, as well as for the loss of equipment or damage to the yacht. In the case of bareboat charters, the customer assumes full responsibility for the yacht and the crew.

7.3. Compensation: The customer is liable for damages up to the amount of the deposit. Willful damage to yacht equipment must be replaced immediately and may result in exclusion from the trip without a refund of the charter fee.

8. Passport, Customs, Currency, and Health Regulations

8.1. Travel Documents: Valid identification documents are required for all participants. The customer is responsible for compliance with immigration and customs regulations.

8.2. Non-Compliance: If the trip cannot continue due to invalid documents or violations of regulations, the customer is liable for all resulting costs.

9. Data Management and Copyright

9.1. Data Protection: The personal data of participants will be stored in compliance with applicable data protection laws.

9.2. Image and Audio Recording: By booking, participants agree that images, videos, and audio recordings taken during the trip may be used by MYW for advertising purposes.

10. Smoking

10.1. Smoking: Smoking is only permitted in the exterior areas of the yacht. The skipper may restrict or prohibit smoking during adverse weather conditions.

11. Online Pricing and Binding Contractual Terms

11.1. The prices displayed on our website are automatically calculated through a third-party tool and are intended to provide the customer with an estimate of the charter costs. Due to potential system updates or technical errors, deviations in the displayed prices may occur.

11.2. The final, binding price will be confirmed with the customer in the charter contract after the booking request, based on the price stated in the booking confirmation email. This confirmed price takes precedence over any online price estimates.

11.3. In the event that the confirmed price in the charter contract differs significantly from the price stated in the booking confirmation email, both MYW and the customer reserve the right to withdraw from the contract without any penalties or obligations. The withdrawal must be communicated in writing within 7 days of receiving the final price confirmation.

11.4. MYW strives for the greatest possible transparency and accuracy in the displayed prices. Customers are encouraged to contact MYW directly if they have any questions or concerns about pricing before completing their booking.

12. Jurisdiction

12.1. Jurisdiction: The place of jurisdiction for all disputes arising from this contract is Palma de Mallorca.

13. Miscellaneous

13.1. Severability Clause: Should any provision of these General Terms and Conditions be invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or unenforceable provision, a valid and enforceable provision shall apply, which most closely corresponds to the economic purpose of the invalid or unenforceable provision.

13.2. Amendments: All information is correct as of the date of printing. MYW reserves the right to make changes.

Palma de Mallorca, October 2024