Archipel - General Terms of Agreement

GENERAL TERMS & CONDITIONS

Definitions
The terms listed below have, in the following general terms of agreement, the meaning set out in this section.
Charterer: You
Owner: the yacht owner or his legal representative
Archipel: the web site www.archipelclub.com, we or us

Archipel was entrusted by yacht owners with facilitating yacht charters for recreational purposes. It is under these conditions that Archipel on its website www.archipelclub.com presents different yachts for charter. Archipel thus acts as an intermediary, the charter agreement being concluded directly between the Owner and the Charterer. These general conditions govern the relationship between the Charterer, the Owner and us.

Each of the yachts advertised on www.archipelclub.com complies fully with Greek regulations and is suitably equipped. Bedding & towels, dishes, cooking equipment and cooking fuel are provided.

Payment, cancellation policies and related expenses
The prices of our services are in Euros. All taxes (VAT and other taxes applicable on upon booking) are included, unless otherwise stated.
Payment may be carried out on our website by credit card or by bank transfer. Booking earlier than 30 days before departure: 50% deposit upon booking and the balance 30 days prior departure. Booking within 30 days prior departure: payment in full. Your booking will be confirmed by email. In case where you cancel 45 days prior departure, we refund 50% of your down payment.

The fees paid by the Charterer cover the yacht’s charter, crew wages, bedding, towels, cooking gas and any other service(s) indicated in our quotations, invoices and contracts.
If not clearly stated as included in the charter fees, fuel costs, water, port taxes, drinks, food (including the crews’) and gratuities must be paid to the crew in cash during your cruise.
On board yachts with half board or full board service, a list of food preferences is sent to the Charterer so that the boat can be provisioned in advance and delays avoided. If the Charterer wishes the crew to provision the yacht in advance, the Charterer must make an advance payment allowance (APA) by bank transfer in order to cover initial food expenses. The allowance amount will be indicated when booking. Unused funds will be reimbursed by the crew at disembarkation. In case the Charterer wishes to go shopping, the cook will accompany. Because of the distance to shops, this provision is not applicable at all boarding locations particularly in Mykonos.

Use of boat - Responsibilities
The Charterer must be a legal adult. The Charterer pledges to use the yacht in good faith, respecting the ship, its equipment, the rules submitted by the skipper as well as complying with local laws and regulations. The skipper carries full responsibility at all times. The Charterer agrees to embark only the number of persons allowed by the ship’s manifest and has been agreed upon booking. Contravening this shall terminate the charter without compensation. Pets are not allowed on board chartered yachts.

Refund
All our boats are regularly verified by certified inspectors and carry high quality gear which is regularly checked and maintained. Apart from safety equipment and / or main engines, no temporary or permanent failure of any other equipment may warrant a refund. If your chartered sailboat can not leave port for any of the two reasons named above, our responsibility is engaged to refund only the amount paid for the days of lost rental. Should two thirds of the charter time be affected, we shall refund the full amount paid. We carry no liability whatsoever for any consequential inconveniences, damages or loss related to a cancelled charter.
Once the boat is provided in accordance to the contract, the charter fee will be forfeited, even if you do not use the yacht during the rental period, whatever the reason for the vacancy.
In case of unavailability of the agreed yacht, the Owner must provide the Charterer a boat of similar size or larger, based in the same area, or refund amount paid in full. The Owner may also, subject to the Charterer's agreement, offer a cheaper yacht and refund him the difference.

Complaints
During your cruise we are at your disposal to answer your complaints, resolve any noted misunderstandings and enable you to enjoy your stay. The charterer ought to notify by email booking(at)archipelclub.com or phone before the end of the charter. We draw your attention to the fact that the longer you wait before notifying us about your claim, the more difficult it shall be to adjust your request to your best interests. Any claims made after the end of your charter will not give rise to any financial compensation.

Insurance
The Owner carries insurance as required by Greek maritime law. This includes: third party insurance, personal injury insurance for participants up to 300.000 Euro (per by accident and irrespective of the number of persons on board), and pollution insurance. It does not cover theft nor accidents ashore. We can not be held liable for accidents occurring on board, unless they are directly and undoubtedly attributable to a voluntary act on our part. We therefore recommend that you should have your own personal travel insurance in case an insurable event occurs on shore or on board. We recommend your insurance covers most of the travel risks, possible repatriation and cases of force majeure.

Itinerary
With crewed charters, the final decision about the route taken (and / or any changes while en-route) rests only with the captain on departure day, depending on weather forecasts. For safety reasons, no night sailing is allowed, barred exceptional circumstances, per skipper’s decision.

Personal data protection
We reserve the right to collect personal information and personal data. They are necessary to manage your booking and improve our services and the information we send you. They can also be sent to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also stored for security purposes in order to meet legal and regulatory obligations. Archipel will not disclose any of your data to companies engaged in selling addresses. Under the law, you have a right of access, rectification and opposition to your personal information and data.

Terms relating to e-commerce
The information found on the www.archipelclub.com web site is given in good faith in order to keep you informed and does not represent in any case any obligation other than those mentioned in these terms, and the quotes, invoices and charter agreements related to our services. Logo, layout, text, images from www.archipelclub.com website remain the exclusive intellectual property of Archipel and may not be reproduced, even partially, exploited, redistributed or used for any purpose whether they are software, visual or sound, without the express permission of the said company. Any single link or hyperlink is strictly prohibited without express written consent from us.

Applicable law, contracts and jurisdiction
Yachts advertized on www.archipelclub.com are under the Greek flag: Hellenic legislation is applicable, as described in these terms, our quotes and invoices, as well as the officially approved charter contracts you will receive upon boarding for signature. Once verified and authorized by the authorities, you shall receive a copy of these contracts. A specimen of these contracts is available in advance upon request. The present terms and conditions and any claim or dispute arising from these terms which are related to the Owner’s or our own services shall be governed by Greek law. Greek courts have exclusive jurisdiction over any dispute or claim.

Financial warranties
Our services cannot be considered an organized tour, with regard to the European Council Directive 90/314 / EEC on package travel. We are therefore not required to provide a financial warranty.