Terms & Conditions Page
Please read these terms & conditions carefully before using our services.
1) Payment Terms
A deposit payment of a minimum of €100 is required upon booking any day charters. Deposits payments for Multi Day charters will be calculated at 20% of the final global amount of the charter. A charter booking will only be confirmed once the deposit payment has been received. Should the payment of the deposit be delayed, the company reserves the right to allocate the vessel to another client.
The balance of your charter may be paid either online through the company’s Website www.sailingchartersmalta.com or by bank transfer (Details Below) before the date of the embarkation or cash upon embarkation. A booking fee of 2.5% will apply for any transactions made online through the company’s Website.
BANK – Bank of Valletta
BIC – VALLMTMT
IBAN – MT73VALL22013000000040018994692
Name – Sailing Charters Malta Ltd.
Address – 19 Triq Halq Ic Cawl Mellieha – MLH 1860 – Malta
2) Owner’s Obligations
The OWNER shall at the beginning of the Charter provide the Yacht to the agreed boarding location and the CHARTERER shall take delivery in full commission and working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and live-saving equipment (including life – jackets for children if any, are part of the Charterer’s Party), as required by the Yacht’s registration authority;
Should it be impossible for the OWNER to make delivery due to unforeseen circumstances, the OWNER shall do his utmost to provide an alternate yacht with similar specifications to the yacht booked. Should it be impossible to provide an alternate solution, the CHARTERER may cancel or reschedule the booking. In the case of cancellation any charter deposits and payments paid in advance shall be returned by the OWNER in full to the CHARTERER without further liability to the OWNER.
3) Maximum Number of Persons/ Responsibility for Children/ Health of the Charter Party
- The CHARTERER shall not at any time during the Charter Period permit more than the agreed Number of Guests to Sleep or Cruise on Board the yacht. As an exception, a reasonable number of visitors could board whilst the YACHT is securely moored or anchored in port and at the sole discretion of the Skipper.
- If children are taken on board, the CHARTERER shall be fully responsible for their safety, conduct and entertainment.
- The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By accepting these Terms and Conditions, the CHARTERER warrants the medical fitness of all members of the CHARTERER’s party for the voyage being booked.
4) Skippers Authority
- The Skipper shall do everything possible to comply with all reasonable requests given to him by the CHARTERER regarding the management, operation and movement of the Yacht, wind, weather and other circumstances permitting. The Skipper shall not, however, be bound to comply with any request which, in the reasonable opinion of the Skipper, might result in the Yacht moving to any port or place that is not safe and proper for her to be in, or might result in the CHARTERER failing to re-deliver the Yacht upon the expiration of the Charter Period.
- Furthermore, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Skipper, the CHARTERER or any of his Guests fail to observe any of the provisions in Clause 6 and if such failure continues after the Skipper has given due and specific warning to the CHARTERER, the skipper may terminate the Charter forthwith or return the Yacht to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his guests shall disembark, the CHARTERER having settled all outstanding expenses with the Skipper beforehand and the CHARTERER shall not be entitled to be refunded any part of the Charter Fee.
- The Skipper shall have the authority to prohibit the use by the CHARTERER or any or all of his Guests from use of any particular equipment (eg. the small inflatable boat) if, in his reasonable opinion, they are not competent to operate such equipment, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.
- In rare occasions and when the weather conditions are adverse, the skipper may in the customer safety interest decide to sail a different area of the island. During such time boat trip will continue on a different route than originally planned, with no possibility for customers to choose the itinerary where the conditions are adverse.
5) Charterers’ Obligations
- The CHARTERER undertakes to comply with all seagoing rules and regulations currently in force and to obey the reasonable requests of the Skipper.
- The CHARTERER or members of his party shall do nothing to interfere with the redelivery of the Yacht on the date and time as agreed between the parties in this contract. If the CHARTERER interferes with the redelivery of the Yacht as aforesaid, he shall be liable for the sum twice the pro rata Charter Fee for every day or part thereof by which redelivery is delayed .
- The CHARTERER and all members of his party shall take all reasonable care of the Yacht and its equipment
- If the CHARTERER or any of his Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the crew of the Yacht being detained, fined or imprisoned, or the Yacht being detained, arrested, seized or fined the CHARTERER shall indemnify the OWNER against all loss, damage and expense incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement forthwith.
- It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER.
6) Charterer’s Liability
The CHARTERER shall only be liable for such costs or losses as may be incurred by repairing damage caused by the CHARTERER or his guests (intentionally or otherwise) to the Yacht or any third party up to the level of the Excess (Deductible) on the OWNER’s insurance policy for each separate accident or occurrence.
The CHARTERER may be liable for a sum greater than the Excess (Deductible) on any one accident or occurrence if the CHARTERER or any of his guests acted in such a manner (intentionally or otherwise) as to avoid, or limit, the coverage under the OWNER’s insurance
The insurance excess is €2500.
7) Breakdown or Disablement
The Owner agrees that should the yacht, after delivery, sustain breakdown of machinery or be disabled or damaged by fire , grounding, collision or other cause as to prevent its use by the CHARTERER none of the above being brought about by any act or default of the CHARTERER, the CHARTERER shall have the right to terminate the charter. The OWNER shall make a pro rata return of all charter fees to the CHARTERER from the time of such loss or damage without further liability to the OWNER.
The yacht and its inventory are insured under a marine insurance policy against loss, damage and third party indemnity. The yacht insurance does not include personal travel insurance, which advisable should be taken out by all members of the charter group.
9) Assumption of Risk and Complete Release of Liability
The CHARTERER and all members of his party know and fully understand that sailing on any type of sailing vessel, as well as all associated activities such as but not limited to swimming and snorkelling, are outdoor activities in an aquatic environment with inherent risks and hazards where serious accidents can occur. These risks and hazards include, but are not limited to falls overboard, slips or falls at any time while boarding, disembarking, or on-board, any injury or accident occurring while traveling in a dinghy/tender.
The CHARTERER and all members of his party fully understand that the Yacht has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until the CHARTERER or any of his guests can be transported to a proper medical facility.
By agreeing to the terms and conditions, the CHARTERER and all members of his party explicitly acknowledge and agree in advance to these conditions, accept and willingly assume all risks and hazards related to, arising out of, or associated their participation in a sailing trip and voluntarily agree to release, discharge, and hold harmless SAILING CHARTERS MALTA LTD its members, owners, employees, from any and all claims of liability.
Any dispute in connection with the interpretation and fulfilment of these Terms and Conditions shall be decided by The Malta Arbitration Centre in Valletta, Malta. These Terms and Conditions shall be interpreted and fulfilled in accordance with the laws of Malta.