“VIAMARE M.C.P.Y” LEGAL FRAMEWORK
The Yacht Shipping Company under the name “VIAMARE M.C.P.Y.” (hereinafter “VIAMARE” or “Company”), operating in accordance with L. 3182/2003 (GG 220/12-9-2003), charters privately owned recreational boats, with Skipper and Crew, according to the provisions of L. 4256/2014.
The terms and conditions of acceptance of the services by VIAMARE (hereinafter “Services”) are listed below.
Article 1: VIAMARE charters yachts after consultation with the interested party (hereinafter “the Charterer”), who may therefore contact the company either in writing via the contact form that can be found in the Company’s website, or by telephone to the numbers listed on this website.
Article 2: For chartering the boat (hereinafter “yacht”) the Company is required to conclude a Charter Agreement, to be co-signed with the Charterer and which is then ratified by the competent port authority. The Charter Agreement VIAMARE meets all the conditions set by the Ministerial Decision 3133.1/10229/2016/04-2-2016 (GG B’ 364). Any change/modification of the basic terms of the Charter Agreement or its cancellation must bear the stamp and signature of the competent Port Authority.
Article 3: The Charterer expressly accepts that:
- Partial charter is prohibited.
- The duration of the charter may not be less than twelve (12) hours.
- The place and time of commencement and termination of the charter agreement are considered, respectively, the place and time of delivery and re-delivery of the yacht listed in the Charter Agreement.
- It is prohibited by the Charterer to use the yacht chartered by the Company for the transport of persons by a ticket or of things by fare.
Article 4: Each chartered yacht must be provided with a copy of the Charter Agreement and updated Passenger List prior to its departure from the port of departure. These documents must always be on board and displayed at any request by the competent authorities.
The Charterer is obliged to ensure that all the passengers carry during the voyage and show at every request of the Shipowner, Skipper and competent Authorities their identity card, passport or other public document that can verify their identity.
Article 5: It is allowed to board passengers other than those listed in the updated Passenger List, or disembark one or more of the passengers before the end of the Charter Agreement, unless expressly provided in the Agreement, by listing the names of those that will board or disembark, as well as of the port of embarkation or disembarkation or if there are reasons due to force majeure or voluntary departure of a passenger.
Temporary disembarkation of one or more of the passengers is allowed, provided that the updated Passenger List includes the names of those to be embarked or disembarked, as well as the port of their embarkation or disembarkation.
If during the charter there is a partial change in the Passenger List, the Charterer must immediately notify the Shipowner and/or the Skipper.
The total change of the Passenger List is prohibited and is equivalent to the termination of the agreed charter.
Article 6: The Charterer states being aware that copies of the Charter Agreement and the supporting documents submitted on a case by case basis are kept by the Company for fifteen (15) years from the date of their ratification by the competent Port Authority or for the time required by law.
Article 7: The Company at the beginning of the charter delivers the boat to the port of delivery and the Charterer receives it in full operation and order, navigable, clean, in good condition and ready to be chartered, fully equipped, including a modern rescue equipment and safety equipment (including life jackets for children – if the Charterer has declared to the Company the transport of children by boat), as required by the registering authority and by enabling the Charterer to use the yacht in the agreed manner.
Article 8: The Charterer agrees to deliver the yacht to the Company at the agreed delivery port, free from any fees incurred by him or on his behalf during the charter period and in excellent condition, excluding standard wear and tear, resulting from normal use. The Charterer reserves the right to deliver the vessel to the agreed delivery port before the end of the charter period upon timely notice to the Charterer, but deprives him of the right to return any fare to the Charterer.
Article 9: The Charterer must only allow the designated number of passengers to spend the night or travel by boat during the charter period. The only exception is for the Skipper to allow, at his sole discretion, the simple visit of a reasonable number of persons, only when the yacht is moored in port. This right may in no case be exercised by the Charterer.
The Charterer must ensure the good health of all those on board (as a trip by boat is not appropriate in specific medical cases). The Charterer is responsible for ensuring that all passengers have the required documents, from which their identity can be obtained (such as a police ID or passport) and that they have been vaccinated as required for their visit or stay in Greece.
Article 10: The Charterer expressly accepts that:
- The cost of fuel, during the Charter Period, is borne exclusively by the Charterer.
- The Charterer is solely responsible for the discipline and supervision of any minor passengers on board at all times.
- The fare does not include tips, which can be given at the sole discretion of the Charterer to the Skipper or Crew.
- Every passenger must be very careful with the yacht and its equipment, as well as with its functional space (cabins, toilets, showers, etc.).
- Every passenger must behave with due diligence to protect the vessel from any small or bigger damage, as serious damage can be caused by any small or large objects.
- The Charterer may not instruct the Skipper to follow an itinerary that may endanger the passengers or the vessel or that may lead to an increase in the operating costs, without the relevant commitment of the Charterer to cover them.
Article 11: The Company will ensure that the Crew designated by Law is provided with the appropriate uniforms, catering and insurance, as well as that the Skipper and Crew will comply with the applicable legislation, i.e. the Laws of Greece and the waters of any country to enter the vessel during the charter period.
Article 12: The Charterer agrees to use the yacht solely for recreational purposes for use by him and the other passengers.
- The Charterer is obliged to ensure that:
- no pets or other animals will be transported on board without the written consent of the Company,
- his and the passengers’ conduct will not cause any inconvenience to any third party, nor will it damage in any way the reputation of the boat and the Company and
- will observe and ensure that passengers comply with the applicable legislation of Greece, as well as any country, in the waters of which the vessel may enter during the charter period.
- The Charterer and passengers must be respectful to the Skipper and Crew.
Article 13: The Charterer is liable for any expense, loss, breakdown or damage to the Company, the Skipper, Crew or any third party (including other passengers) unrestrictedly due to fraud or negligence, heavy or light. In case of insurance coverage of the expense, loss, breakdown or damage caused by the Charterer, the Company may, in its sole discretion, not request restitution from the Charterer and be limited to coverage by the insurance policy.
Article 14: The liability of the Company (including any liability for acts or omissions of the Skipper, Crew, agents or additional assistants), for culpable acts or omissions that result in improper provision or non-provision of services to the Charterer, as well as for damages and expenses that may arise during the execution of the services, extends cumulatively, to cover any damage, damage, exit, expense, the Charterer may suffer, under the following restrictions.
- More specifically, the Charterer expressly accepts that:
- the intra-contractual and tort liability of the Company is unlimited only for acts or omissions and damages resulting from it, due to deceit and gross negligence.
- The Company’s intra-contractual and tort liability in respect of acts or omissions and damages arising therefrom, due to slight negligence, is limited to five times the fare paid – until the liability of the Company is raised.
- The Charterer may not personally take action against the Skipper or Crew or agents or additional assistants used by the Shipowner, as the case may be, in respect of loss or damage resulting from or related to the Services due to slight negligence.
- Any claim or lawsuit by the Charterer must be raised before the limitation period occurs in accordance with the Law.
Article 15: The Charterer may at any time during the charter period notify any complaint he has against the Company, the Skipper or Crew via the special complaint form, which the Skipper or Crew must provide to the Charterer, upon request.
Article 16: Any dispute regarding the interpretation and execution of this contract is agreed to be resolved through arbitration in Piraeus. Each party will appoint its own arbitrator, while the third arbitrator will preside over the arbitration and will be appointed by the Maritime Chamber of Greece. This agreement will be interpreted and executed in accordance with Greek law. In case each of the parties wishes to bring the dispute before the Courts, the Courts of Piraeus have exclusive jurisdiction.