BOOKING TERMS & CONDITIONS
THE YACHT CHARTER CONTRACT
Yacht charter arrangements are made by LuxChartersIbiza, acting on behalf of charter yacht owners or operators. In paying the deposit you are deemed to have read and accepted the following terms and conditions, and the other information on this site, which form the contract between you and the boat owner. Bookings on LuxChartersIbiza are accepted subject to the standard terms of the company with whom you have booked your yacht charter.
When making your booking you guarantee that you have the authority to do so and you accept on behalf of your yacht charter party the terms of these booking conditions. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. This contract is made on the terms of these booking conditions which are governed by Spanish Law and you agree to submit to the jurisdiction of the Spanish Courts at all times.
If any part of your charter is not of a reasonable standard, we will accept responsibility if this is due to a fault on our part. We do not accept responsibility for the acts and or omissions of our charter suppliers and operators. We do not accept responsibility if the fault is caused by you or any member of your party, a third party or an event which we could not with due care have foreseen or avoided. Where the services are provided by air or sea carriers our liability is limited in line with the appropriate international convention.
All the specifications, measurements, extras, prices, data and images on the website are for general information purposes. As a result, occasionally there may be differences between the boat shown on the website and the boat you have booked.
Any watersports activity (including but not limited to waterskiing, wakeboarding, donut Seabob, Bodyboard, snorkelling) undertaken by you or any member of your party during the charter is entirely at your own risk and you are agreeing that LuxChartersIbiza cannot be held liable or responsible in any way for any accidents or injuries sustained.
Check-in between 10:00 and 14:00
Check-out between 20.00 and 21.00
Most day charters operate a minimum of an 8 hour day
Prices detailed are subject to change at any time until payment has been received. Prices stated exclude IVA/VAT and fuel. We reserve the right to correct any pricing errors or omissions that may occur. All prices quoted include captain and crew except for bareboat where if required, there is an additional cost for the captain at €150-200+IVA per day.
Deposit: A deposit of 50% is required with the reservation made when completing the online form or over the phone. Payment for your yacht charter deposit is accepted by bank transfer (Euro) details below, credit card (MasterCard or Visa). LuxChartersIbiza reserve the right to charge for processing credit card transactions for remote payments of 1.5% to cover costs. We must receive cleared funds in our account before a booking can be confirmed.
Please note: Cleared funds must be received before any booking can be confirmed and no charter can be booked or taken without the funds being cleared in our account. If there is any delay in receiving the 50% deposit, then alternative payment arrangements will be necessary, such as paying with or pre-authorising a valid credit card for the required amount. If this is necessary, when cleared funds are received, a refund to the credit card can be made, or the pre-authorisation cancelled. This additional transaction may be subject and equal to a handling fee, only if LuxChartersIbiza is charged by the credit card company.
BALANCE PAYMENT & APA:
Final 50% payment, to be made in cash or with cleared funds, is due before or on the day of the charter. If you fail to pay, the company reserves the right to cancel your charter, without refund of your deposit. You may be required to pay APA in advance (Advance Provisioning Allowance) of 30%, which covers fuel and extra costs, depending on which boat is chartered. If it is not charged in advance, it will be charged on return.
BAREBOAT CHARTER/CHARTERING WITHOUT SKIPPER
The booking deposit of 50% is also required for a bareboat charter. In addition, a Security Deposit of between €1500 and €8000, depending on the boat or yacht, is required from all bareboat charterers to cover the risk of damage to the boat, loss of equipment or late return. To charter a boat or yacht without a captain the following Spanish certificates are required: PNB, PER, the Patron de Yate or an equivalent in your country.
CANCELLATION OR VARIATION BY YOU
If you as the yacht charterer, wish to cancel your yacht charter, you must notify us immediately in writing. Cancellation will be effective on the date at which LuxChartersIbiza receives the cancellation. If you have notified us by email please follow up to check that we have received it. The particular contract you have signed will govern the law and cancellation process.
Cancellation as follows: >60 days: 50% of the full charter fee if another charter cannot be found; <60 days: 50% of the charter fee
Please be advised that cancelled bookings can incur further charges imposed by Charter Operators. In the case that a charter is cancelled, we as the agency reserves the right to retain any commissions owing on the charter. If the reasons for your cancellation are covered under the terms of an insurance policy, you may be able to reclaim these charges. The standard cancellation charge is 50% unless otherwise specified on the particular operator’s yacht charter contract. If you wish to make changes to the booking after confirmation, we will do all we can to make the necessary arrangements, but if applicable, we may need to pass on any additional charges.
CANCELLATION OR VARIATION BY US
We will do our best to provide the contracted charter but occasionally it may be necessary to make a significant change to your charter. We reserve the right to make such changes should they become necessary. Most of these changes will usually be minor and we will advise you of them at the earliest possible date. We also reserve the right in certain circumstances to cancel your charter. We will contact you to discuss alternative arrangements. If we are unable to provide an acceptable alternative, or if circumstances arise beyond our control, we may find it necessary to cancel your charter. In this case we will return in full all monies paid by you. We do not accept responsibility if the fault is caused by you or any member of your party, an unconnected third party or an event which we or our supplier could not with due care have foreseen or avoided.
We reserve the right to terminate without further notice the yacht charter arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinions is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. You and your party agree to behave responsibly and not to consume excessive alcohol or take illegal drugs, whilst on-board the charter. Failure to comply may lead to termination of the charter. Upon such termination, our responsibility for your charter ceases and we shall not be liable for any extra costs incurred by you.
If in the case of bad weather, it is the skipper’s decision as to whether to cancel the charter. If there is lots of rain, or the sea is in any way dangerous, the captain will decide whether the charter will be cancelled. If navigating is dangerous, the charter will be cancelled. If there is calm sea conditions, but for example, it is cloudy, this is not valid reason to cancel. If the charter is cancelled, then you will be offered an alternative date or dates, or if no alternative can be agreed, you will be offered a refund.
BAREBOAT YACHT CHARTERS
Please refer to the specific charter operator contract and conditions for your charter. You will normally be granted free use of the bareboat yacht after you have signed the Take-Over form with the charter operator. You have the right to inspect the bareboat yacht, gear and inventory and to ensure that all items are present and in good working condition. On signing the Take-Over form you accept the yacht and thereafter it is your full responsibility, and you will have no right to claim for any loss of time or expense caused by any accident or breakdown or failure of any part of the bareboat yacht. However, such acceptance does not imply that you assume responsibility for any failure, damage, loss or expense due to normal wear and tear, or defects which are agreed and noted on the Take-Over Form. If you return the bareboat yacht late at the end of a charter, you will be liable to pay a penalty charge, and you will be liable for all recovery costs. The cruising area from each base may be restricted. The base manager will inform you of any restrictions, and may further confine the cruising area of the bareboat yacht or place a competent crew on board if considered necessary for the safety of the yacht and its occupants. A daily charge will be made for the crew member. No pets are permitted on board unless otherwise stipulated.
CHARTERING & SPANISH LAW
Nobody in your party should commit an act contrary to the laws of Spain. If any such act is committed, the agreement between us will automatically terminate, but without prejudice to our rights and those of the owner of the charter yacht. You and/or your party will carry full responsibility and answer to the appropriate Authorities.
YACHT CHARTER COMPLAINT PROCEDURE
We aim to provide you with the best yacht charter possible, but if a problem occurs you must report it to us as soon as possible, or the captain who will try to resolve it on the spot. If you fail to follow this simple procedure LuxChartersIbiza and/or the charter operator will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on your yacht charter and this may affect your rights under this contract. The Charter Contract is made on the terms of the particular yacht charter Booking Conditions and is governed in all respects by Spanish Law and shall submit to the jurisdiction of the Spanish Courts.
LuxChartersIbiza is a trading name of Bes and Co CB. ESE57927238
Last Updated: 08 May 2019