CHARTER PARTY TERMS & CONDITIONS 2027
Skippered Charter Edition
Τη διακυβέρνηση του επαγγελματικού Σκάφους αναλαμβάνει Κυβερνήτης, ο οποίος προσλαμβάνεται από τον εκναυλωτή και θεωρείται προστηθείς αυτού, που διαθέτει τα κατά Νόμο απαιτούμενα προσόντα για τη διακυβέρνηση του Σκάφους. Η ναύλωση είναι ολική για την αναγραφόμενη στο παρόν περίοδο ναυλώσεως. Επιβίβαση προσώπων άλλων πέραν των αναγραφόμενων στην ενημερωμένη/επικαιροποιημένη μέχρι την παρούσα στιγμή κατάσταση επιβαινόντων, δεν επιτρέπεται. Αποβίβαση προσώπων, επιτρέπεται, υποκείμενη στις σχετικές διατάξεις της ισχύουσας νομοθεσίας.
The navigation and command of the commercial Vessel shall be undertaken by a Skipper (Master), who is employed by the Owner and is considered their servant/agent, and who possesses the qualifications required by Law for the navigation of the Vessel. The charter is a full charter for the charter period specified herein. The embarkation of individuals other than those listed on the passenger list (crew list/guest list), as updated up to the present moment, is strictly prohibited. The disembarkation of individuals is permitted, subject to the relevant provisions of the applicable legislation.
The Charterer will make available at base, prior to charter commencement, a security deposit as stated above, payable by credit card pre-authorization or as otherwise instructed by the Company.
1. FORMATION OF THE AGREEMENT
The signature of this Agreement by the Company and/or its Broker and/or any person authorized by the Company becomes valid and binds the Company to the obligations set out below only on condition that the Company actually receives from the Charterer the sums stipulated herein, in cleared funds, no later than the dates specified in this Agreement or the Booking Confirmation.
2. THE COMPANY’S OBLIGATIONS
All bookings are subject to: (a) these Terms, (b) any special booking conditions set out in the Company’s offer statement, and (c)
(a) At the commencement of the charter period, following full payment of the charter price, the Company shall deliver the Vessel to the Charterer at the agreed embarkation port, together with the Skipper, free of encumbrance, cleaned, with all gear, equipment and inventory listed in the Company’s written quotation, in seaworthy and adequate condition as required by the flag state and with all safety equipment required by the Vessel’s registration authority. The Vessel is a recreational vessel and not a cruise ship, and the Company does not warrant her comfort in bad weather nor the feasibility of any particular itinerary.
(b) The Company shall insure the Vessel and her equipment in compliance with Greek legislation against fire, marine and collision risks and third-party liability. The Charterer is relieved of liability covered by that insurance, save where loss or damage is caused or contributed to by the willful act, omission or negligence of the Charterer or the Charterer’s party. The Company shall not be liable for loss of or damage to the personal property of, or injury to, the Charterer or any person aboard, save to the extent caused by the negligence of the Skipper acting in the course of his duties. The Charterer should carry independent insurance for personal effects and for medical or accident expenses, including emergency evacuation. For the avoidance of doubt, where loss or damage to the Vessel is caused by the willful or negligent act of the Charterer or his guests (as opposed to the Skipper’s professional operation of the Vessel), the Charterer’s liability under this Clause 2(b) is not extinguished by any payment made by the Company’s hull underwriter in respect of that loss or damage, and the Charterer remains liable to reimburse the underwriter or the Company for any sums so paid.
(c) If the Company fails to deliver the Vessel and Skipper at the embarkation port within four (4) hours of the agreed commencement time, the Charterer may choose, as feasible: (i) extend the charter period by a duration equivalent to the delay, subject to the subsequent schedule permitting this; (ii) receive a pro-rata refund of the charter fee corresponding to the delay; or (iii) accept a reasonable substitute vessel and/or skipper of equivalent standard, if available. If the Vessel is not delivered within twenty-four (24) hours, or within one-fourth (1/4) of the total charter period, whichever is shorter, the Charterer may treat this Agreement as terminated and shall be entitled to a full refund of all payments made, unless the parties agree to postpone the charter. The Charterer’s remedies for delayed delivery are limited to those listed above; neither the Company nor the Broker shall be liable for any other compensation, including travel or accommodation expenses.
3. THE SKIPPER
The Skipper is an employee of the Company, assigned to the Vessel for the duration of the charter, and is at all times the person in command of the Vessel. As a matter of Company policy, and to ensure each Skipper’s full and undivided attention to his assigned charter, the Company does not disclose the identity or details of the assigned Skipper prior to the start of the charter; the Skipper will be introduced to the Charterer at the time of delivery of the Vessel.
The Skipper has full and final authority over all matters concerning the safety of the Vessel, her crew, the Charterer and his guests, including navigation, mooring, anchoring, weather-routing, sail and engine handling, and the itinerary to be followed. The Skipper will take reasonable account of the Charterer’s wishes as to itinerary and activities, but the Skipper’s professional judgment on matters of safety and seaworthiness shall prevail and is final and binding on the Charterer and his party.
The Skipper is responsible for the navigation, mooring, anchoring, and maneuvering of the Vessel, and for keeping her deck and cockpit in good, clean, and fully functional condition, including managing the refilling of fuel and water and processing port formalities, all at the Charterer’s expense as set out in Clause 7. For the avoidance of doubt, interior cleaning, cooking, and provisioning are not part of the Skipper’s duties. Save where safety requires otherwise, the Skipper shall enter and leave port under power rather than under sail, using the Vessel’s sails as much as practicable thereafter unless the Charterer prefers to motor or conditions do not permit sailing.
The Charterer and his guests shall comply promptly with all lawful instructions given by the Skipper. The Skipper may decline to leave port or anchorage, alter or shorten the planned itinerary, or terminate any excursion, whenever in his professional judgment the safety of persons or of the Vessel so requires, including where wind force is or is predicted to be over 22kn, where the Port Authorities have imposed a prohibition on sailing, where the Vessel has unrepaired damage, or where any vital part of the Vessel (engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment) is not in good working order. No liability shall attach to the Company for any resulting change to the planned itinerary, and the remedies available to the Charterer in such circumstances are limited to those set out in Clause 8 (Disablement) where applicable.
The Skipper shall not navigate the Vessel at night, meaning the period between sunset and thirty (30) minutes before sunrise, nor sail her in any area not adequately covered by the charts and other nautical publications carried aboard, nor carry more canvas than is consistent with comfortable and safe sailing in the prevailing conditions, promptly reducing sail as conditions require. These are matters of the Skipper’s professional judgment and are not subject to instruction or override by the Charterer. The Charterer and his guests may not request or require the Skipper to navigate at night, to sail in excessive wind, or to sail under any other condition the Skipper considers unsafe, and any such request may be declined without liability to the Company.
The Skipper will take every reasonable precaution to avoid bringing the Vessel into a condition in which she would need to be towed. If, despite these efforts, towing becomes necessary, the Skipper shall notify the Company immediately and, where such contact is not possible, shall negotiate and agree in writing with the master of the towing vessel on the price to be paid before the Vessel is taken under tow.
The Vessel’s tender (dinghy) and outboard motor shall be operated exclusively by the Skipper or another authorized crew member; the Charterer and his guests shall not operate the tender independently at any time. The Skipper shall provide reasonable ship-to-shore and shore-to-ship transfers for the Charterer’s party during daylight hours and up to 23:00. As a matter of Company policy, and to ensure the Skipper is adequately rested for the following day’s navigation, transfers after 23:00 must be agreed with the Skipper in advance and remain at his discretion. The Skipper retains absolute discretion to suspend tender operations at any time, including at night, due to poor visibility, high winds, rough seas, or any other conditions he considers unsafe.
The Skipper is responsible for keeping the Vessel’s logbook, recording each day the port of call, the condition of the Vessel and her equipment, times, positions, weather conditions, sail plan and hours of engine operation, and for recording without delay any change in the composition of the crew list.
The Charterer and Skipper shall plan and execute the Vessel’s itinerary in compliance with the following scheduling restrictions: Turnaround Point: The port of call farthest away from the redelivery port must be reached within the first one-third (1/3) of the total charter period. Safe Distance: Two (2) days prior to the termination of the charter, the Vessel’s port of call must be located no further than forty (40) Nautical Miles (N.M.) from the final redelivery port. Final Return: The Vessel must be securely berthed at the designated disembarkation port on the day prior to the charter end date, no later than 16:30 (May through September) or 16:00 (October through April). Given the geographic nature of the Ionian Sea, the daily navigation time is expected to average 2 to 4 hours per day. Under no circumstances shall the Skipper be required to navigate for more than a strict maximum of 5 hours in a single day, except in emergency situations.
The Skipper may, for reasons of safety or good order, decline to embark, or may require to disembark, any person whose conduct aboard is dangerous, disruptive or unlawful, or who is in the Skipper’s reasonable judgment unfit (including through intoxication) to remain safely aboard; no refund shall be due in respect of any person so excluded on account of their own conduct.
4. CHARTERER’S OBLIGATIONS
The Charterer agrees:
(a) to re-deliver the Vessel at the agreed date, time and place, free of any debts, together with all equipment in the same good condition as delivered, fair wear and tear excepted;
(b) If the Charterer requests, or by his own act or instruction causes, the Vessel to be redelivered at a port other than the disembarkation port stipulated herein, the Charterer shall be liable to pay the Company all expenses for transferring the Vessel to the agreed place of redelivery, together with pro-rata demurrage at the daily charter rate for the number of days required for this transfer, as well as for any loss or damage to the Vessel not covered by the Company’s insurance policy which may occur during that transfer.
(c) not to use the Vessel for transporting passengers for hire, nor for racing (unless otherwise agreed in writing), nor for towing other craft, nor for any purpose other than the private pleasure of the Charterer and his party, and not to exceed the maximum number of persons permitted aboard as per the Vessel’s licensing and documentation, nor to accommodate aboard any person not shown on the crew/passenger list, nor to sublet the Vessel;
(d) not to fish by trolling, whether from the Vessel or from her tender/dinghy, at any time during the charter, nor to bring aboard or use spearguns or any other spearfishing equipment, nor to bring aboard or use wingfoils, kitefoils, or similar foil-assisted or motor-assisted water sports equipment, nor to tow water skis, wakeboards, towable tubes, or any other towed equipment behind the Vessel or her tender/dinghy;
(e) to ensure that any children in the Charterer’s party are supervised by an adult or nominated guardian at all times during the charter; for the avoidance of doubt, neither the Skipper nor any other crew member provides childcare or supervision of children.
(f) not to take the Vessel, or instruct or request the Skipper to take the Vessel, outside the agreed cruising area, which is Greece and, in particular, the area from Corfu to Zakynthos, and to acknowledge that the final decision on the itinerary within that area rests with the Skipper as per Clause 3;
(g) not to commit, and not to request or induce the Skipper or any other person aboard to commit, any act contrary to customs, fishing, diving or other applicable legislation in the cruising area, nor to seek or take possession of any object of archaeological nature or value; should any illegal act be committed by the Charterer or his party, this Agreement shall thereupon terminate without prejudice to the Company’s rights, and the Charterer alone shall bear the resulting liability, shall answer alone to the Authorities, and shall indemnify and hold harmless the Company and the Broker(s) from any and all related claims, costs and damages, including legal fees;
(h) not to interfere with the Skipper’s operation of the Vessel or override, countermand, or attempt to perform, the Skipper’s navigational or safety duties; for the avoidance of doubt, the Charterer and his guests may assist with routine on-deck tasks (such as handling lines, fendering, or calling out depths) when requested by, and under the direction of, the Skipper, and doing so shall not constitute interference with the Skipper’s duties;
(i) to provide the Skipper, throughout the charter period, with full board (breakfast, lunch and dinner) and a berth & wc aboard the Vessel appropriate to his role, or, where agreed, to pay the Skipper’s meal allowance at the Company’s current rate as set out in the Booking Confirmation; the applicable skipper fee and any related charges are as stated in the Company’s current Price List and are payable in cash at base unless otherwise agreed;
(j) to report promptly to the Skipper, and to assist the Skipper in reporting to the Company, any circumstance relevant to the safety or condition of the Vessel of which the Charterer becomes aware.
If, for any reason attributable to the Charterer or his party (including but not limited to failure to comply with the Skipper’s instructions on redelivery timing), the Vessel is not re-delivered on the agreed date and time and in the agreed condition, the Charterer shall be liable to the Company for demurrage at the daily charter rate. Any such delay exceeding two (2) hours shall incur a penalty equal to double the daily charter rate, together with all costs arising from delayed delivery to the next Charterer.
5. SECURITY DEPOSIT
The Charterer shall deposit a security bond (“security deposit”) to be held by the Company, or its nominated stakeholder, on the Company’s behalf, which may be applied towards discharging any loss, damage or liability the Charterer incurs under this Agreement, including any liability arising from the willful or negligent conduct of the Charterer or his party (as opposed to the Skipper’s professional operation of the Vessel, which is separately covered by the Company’s insurance under Clause 2(b)). If not required, the security deposit shall be refunded without interest to the Charterer after redelivery and inspection of the Vessel by the Company (usually up to 2 Business Days after), or after settlement of all outstanding questions, whichever is later.
6. DELIVERY, INSPECTION & FAMILIARIZATION
Prior to delivery of the Vessel, the Charterer shall, together with the Skipper or a Company representative, inspect the Vessel using the Company’s standardized inspection checklist (Delivery Statement — Inventory List) to confirm her condition, equipment and inventory. The Charterer’s signature on that checklist shall be binding, and objections or claims made afterwards, not excluding latent defects, shall be disregarded. Time spent on inspection and on the Skipper’s safety briefing and familiarization of the Charterer and his party shall form part of the agreed charter period. The Skipper’s safety briefing shall cover, at minimum: use of the Vessel and her equipment; general safety and security aboard; location and use of emergency equipment and procedures; safe use of water sports equipment; the Company’s smoking and drugs policy; children’s safety and supervision aboard; and expected conduct while in port, together with any local laws or restrictions relevant to the cruising area. The Charterer may not refuse delivery of the Vessel for immaterial deviations or defects.
7. RUNNING COSTS & REPAIRS
Once the Charterer has taken delivery, all expenditure arising from the use of the Vessel during the charter — including port fees, fuel, water, and the repair of any damage or failure not due to normal wear and tear — shall be borne by the Charterer, managed on his behalf by the Skipper, and shall require the Company’s prior consent as to technical suitability and cost. Repairs necessitated by normal wear and tear shall likewise require the Company’s prior consent, with the Charterer to be reimbursed against receipts at the end of the charter. Neither the Company nor the Broker is obliged to provide a substitute vessel, or to indemnify the Charterer for consequential costs (such as travel or accommodation), where repairs require the Vessel to return to a repair site during the charter.
8. BREAKDOWN / DISABLEMENT OF THE VESSEL
If, after delivery, the Vessel is disabled by a breakdown of machinery of such a nature and seriousness as to prevent reasonable use of the Vessel, and the disablement is not due to any act or default of the Charterer or the Skipper, and the cause of disablement is not remedied within eight (8) working hours of the Skipper’s written notice of disablement to the Company, the Charterer may claim a pro-rata refund of the charter fee for the period of disablement, or, if mutually agreed, a corresponding pro-rata extension of the charter period. Notice cannot be deemed received outside the Company’s office hours (09:00–17:00). Any claim made more than 24 hours after the disablement, or after the end of the charter period, whichever is earlier, may be rejected.
9. ACCIDENTS & INCIDENT REPORTING
If any accident or damage occurs, the Skipper shall immediately report the event to the Company and, where appropriate, request the nearest Port Authority to record the circumstances. The Charterer shall provide the Skipper with any assistance and information reasonably required for this purpose.
10. CHARTER FEE, VAT & CANCELLATION
The charter fee includes VAT at the rate applicable under current tax legislation, which may change without prior notice or responsibility of the Broker or the Company; any resulting difference shall be credited or debited to the Charterer accordingly. Should any agreed payment not be received in cleared funds when due, this Agreement shall be considered cancelled by the Charterer. In the event of cancellation by the Charterer, for any reason, after signature of this Agreement but prior to taking delivery of the Vessel (save as provided in Clause 2(c)(iii)), the Company shall be entitled to retain all advance payments made up to the date of cancellation, reserving the right to claim all other sums due, and may refund such amounts only if it succeeds in re-letting the Vessel for the same period on the same conditions. If the Charterer elects to terminate the charter and redeliver the Vessel before the end of the charter period, the Company shall not be liable to return any proportional part of the payments collected.
11. NOTICES
Notices shall be made in writing, without undue delay; the time of receipt by the Company shall govern. The Skipper, on the Charterer’s behalf, shall without undue delay notify the Company of any damage or suspected damage, grounding, accident, collision, theft, breakdown, disablement or seizure of the Vessel or her equipment, and of any foreseeable delay in redelivery, cancellation, early termination, or redelivery at another port.
12. COMPLAINTS
Complaints must be notified to the Company in writing, specifying the precise nature of the complaint, within 24 hours of the event and, in any case, before the end of the charter period. Any claim made thereafter may be rejected.
13. TOTAL LOSS PRIOR TO COMMEMCEMENT
Should the Vessel become an actual or constructive total loss before the charter commencement date, all amounts collected from the Charterer under this Agreement shall be reimbursed immediately. Neither the Company nor the Broker is liable to provide a substitute vessel and skipper, nor to indemnify the Charterer for consequential costs (e.g. travel or accommodation) incurred as a result.
14. VESSEL TRACKING DATA
The Charterer acknowledges that the Vessel’s location and operational data may be recorded and transmitted electronically to the base, the Company and its insurer for operational, safety and insurance purposes, in accordance with the Company’s Privacy Policy and GDPR compliance (see Clause 17). This does not release the Charterer from his obligations under this Agreement.
15. LIABILITY, INDEMNITY & THE SKIPPER’S STATUS
The Charterer remains liable, as provided elsewhere in this Agreement, for loss, damage or liability arising from the willful or negligent acts or omissions of the Charterer or his guests, including any act or omission contrary to the Skipper’s lawful instructions, any interference with the Skipper’s operation of the Vessel, or any conduct falling within Clause 4.
All persons permitted aboard the Vessel by the Charterer during the charter period (other than the Skipper) are deemed vicarious agents of the Charterer, and their signature on charter documentation binds the Charterer. Broker(s) act in good faith as mediators only and shall have no liability for loss, damage or injury to the Company, the Charterer or their guests, servants or agents, save as expressly set out herein. The Company and the Charterer shall jointly and severally indemnify the Broker(s) against any liability to a third party arising from the introduction and execution of this Charter. As required under Greek law, a separate charter agreement bearing the same terms, drafted in the language of the Company’s country, must be declared with the local Port Authority before delivery of the Vessel; the Charterer and Broker authorize the Company to sign and execute that agreement on their behalf on site, and in the event of any conflict between these Terms and that on-site document, these Terms shall prevail. Any dispute arising from this Agreement shall be referred to two arbitrators in Greece, one appointed by each party, whose decision shall be final, or to an umpire appointed by those arbitrators if they disagree, whose decision shall be final.
16. SIGNING AUTHORITY
From the moment full payment of the charter fee has been received with no payments pending on either side, only the owner, base manager, Skipper, another crew member, or another person authorized by the Company has the right to sign the Charter Party Agreement, in order to ensure prompt action and avoid loss of charter time.
17. PRIVACY & GDPR
sail2day.com is committed to protecting personal data in compliance with the General Data Protection Regulation (EU) 2016/679. Information gathered through direct interaction, or through a third party, by phone, email, website, social media or otherwise, is not shared with third parties save where mandated by Law or required to fulfil service and contractual obligations and legitimate interests. Data subjects may at any time request deletion of their information, to the extent its retention is not mandated by Law. The Charterer acknowledges that, in order to ensure safe operation and support during the charter, Vessel location and operational data may be collected and transmitted to the Company, base or insurer, processed in full compliance with GDPR and in accordance with the operational obligations under Clause 14.
18. GOVERNING TERMS
All Terms & Conditions are available at www.sail2day.com. These Skippered Charter Terms & Conditions supersede, for skippered charters, any bareboat charter terms referencing Charterer-provided skippering.
