Mallorca Yachts & Property
Terms and Conditions
Terms & Conditions of Mutual Rights
Agency and Charterer
These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessels – yacht charter. The vessels regulated by Terms (hereinafter: Vessels) are recreational vessels listed in the fleets of various charter fleet operators (hereinafter: Charter-Operators), while Mallorca Yachts and Property operates as Agency – Mediator for booking of those Vessels.
These Terms and all stipulations stated in them shall be the subject of legal liability and be binding for the Client who charters the Vessels (hereinafter: Client). By confirming the booking intention or paying the advance payment the Client confirms to agree with Terms.
Your charter contract is with the operator or manager of the yacht or fleet, which is clearly stated in your contract and invoice, not with us. You will be required to sign a copy of this contract so please ensure you read it closely and understand its contents. We shall be pleased to help if explanations are required. Please note that all contracts which mention Mallorca Yachts and Property do so as an agent only and any dispute will be with the Charter-Operator.
When you confirm your booking, we will send you a Charter contract by fax or e-mail. The account details and payment instructions will be sent with the contract. Your option (tentative reservation) will be held few days more, to allow enough time for the payment to arrive.
We will send you the operators contract. Once you receive the contract, please sign it and return it to us. You will receive an invoice from Mallorca Yachts and Property, once we receive payment, we will forward payment to the operator. However, please note must be received by the contracting party in advance of the charter, not by us.
The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled before the charter date, Mallorca Yachts and Property or Charter-Operator shall be entitled to cancel the Vessel’s booking without refund. Therefore, please allow time for us to forward your payment.
Client accepts to pay full costs of the bank transfer charges, and when making the payment should emphasize to his/her bank that all bank fees (of both outgoing and incoming bank) should be paid by Client. If Client fails to do so and Mallorca Yachts and Property is charged bank transfer fees, it will be considered that the payment is not fully settled and Client will need to settle the remaining amount.
Additional services – Extras
Additional services and extra equipment for which an extra payment shall be made (hereinafter: Extras) in accordance with the effective Price List of Charter-Operator (e.g. toys, crew, concierge services, skipper, etc.) should be requested by Client and agreed prior to booking confirmation.
Client may ask for addition of certain Extras even after the booking confirmation, and Mallorca Yachts and Property will undertake reasonable effort to organize provision of the newly requested Extras to the satisfaction of Client, and will inform the Client if it is possible to upgrade the booking with requested new Extras or not. Client acknowledges that Mallorca Yachts and Property is not obliged to provide newly requested Extras at that point in time.
At the latest, all Extras must be confirmed by both sides in writing not later than 10 days prior to the beginning of the charter date. Only very exceptionally, Mallorca Yachts and Property can allow last minute confirmation of Extras in special cases.
The Price of Yacht Charter
The price for yacht charter shall include the following the Vessel equipped according to the presently effective inventory-list, such as toys, crew, concierge services, skipper, etc…., as well as usual charter base services at the time of Vessel’s delivery (check in/check out). Yacht charter price shall typically not include additional services such as food and beverages, fuel, costs for marina services and moorings, harbour dues, taxes, entrance tickets to parks, or any other additional services other than those explicitly stated as included in Vessel’s equipment list. Yacht charter price includes VAT valid at the time of booking confirmation, however, should the relevant VAT / IVA rate be increased by law prior to beginning of charter, Mallorca Yachts and Property reserves the right to charge the VAT / IVA difference.
In uncommon cases where Mallorca Yachts and Property has high processing costs, a small part of this cost may be charged to the Client as Operative Costs. In such cases, this Operative Cost will be separately stated and visible on the Pro-forma invoice.
Cancellation terms vary with the operator and are itemised in the charter contract. Our normal agency fee will be retained from any refunds which may be forthcoming under the terms of the charter contract. We strongly advise that adequate holiday insurance, which includes cancellation cover, is obtained at the time of booking.
All operators and yacht managers reserve the right to substitute a replacement yacht if the one you have booked becomes unavailable through damage, breakdown or similar events. Alternatively, a full refund of all monies paid for the original yacht will be made.
The above is ancillary to, not in replacement of, the terms of your charter contract.
Refundable Security Deposit
This is usually equal to the amount of excess (uninsured deductible) on the yacht’s insurance policy and is shown separately in your invoice. This covers loss or damage to the yacht and/or her equipment, is usually payable on embarkation and will be refunded in full on return of the yacht and her equipment in good order. Where a Damage/Loss Waiver (security insurance) can be substituted, this is an alternative to the Security Deposit, not an additional charge, although a lower refundable Security Deposit may be levied. Damage/Loss Waiver payments are often required in advance of embarkation, along with the charter balance payment. This will be noted in your invoice.