Terms & Conditions

General Terms and Conditions (Charter Terms and Conditions) for charter contracts of North Hellas Sailing NEPA
The General Terms and Conditions (GTC) are based on all charter agreements and contracts.

Contracting party
The charter agreement is concluded between North Hellas Sailing NEPA (charter-company) and the charterer or another agency.

Terms of payment, resignation and non-arrival of the charterer
When booking, the customer must pay 50% of the charter price. Payment is by bank transfer. The balance of 50% of the charter price must be paid in cash or by bank transfer before or on the day of embarkation. If the charterer does not meet his payment obligations on the specified payment dates, the charter-company can withdraw from the contract. A reminder is not required. Aggravation, danger or impairment of a considerable nature due to unforeseeable and extraordinary circumstances such as war, riots, epidemics, sovereign orders, natural disasters entitle both parties to extraordinary termination without notice. Floods, drought or similar reasons do not entitle to termination. If the charterer can’t start the charter, he must immediately inform the charter company. If a replacement charter succeeds on the same terms, the charterer will be reimbursed amounts already paid less 30% of the charter price for the previous settlement. If no suitable and comparable replacement charter succeeds, the charterer is entitled to the full charter fees.

Security Deposit
For bareboat and skipper charters, we require you to pay a refundable security deposit at the time of embarkation. This can be paid by Credit Card, bank transfer (Visa, Mastercard or Maestro) or in cash. Upon proper return of the yacht, the security deposit will be refunded. Alternatively, we offer you the option to pay a non-refundable security deposit. The deposit may be used to retain the replacement cost of damaged or lost equipment. The deposit may be forfeited in full if, on the day of the return of the yacht, the extent of the damage can’t be determined. As soon as the damage findings have been completed and if the charterer is not obliged to pay compensation, the refund of the security deposit will be made. In the other case, billing takes place via the settlement of costs after remedying the damage, which must be settled within seven days.

Obligations of the charter-company
The charterer gets the yacht filled up, seaworthy and clean with a connected gas bottle and a full reserve bottle. The charter price includes: usage of the yacht, its equipment as well as the liability- and comprehensive insurance. Condition of the yacht, equipment and inventory are checked by the charterer in the form of an instruction on the basis of a check list and a list of equipment before handing over and confirmed by both contracting parties by signature. The confirmation includes the proper state of the vessel. If at the agreed time (according to charter contract) the booked yacht can’t be handed over (for example due to technical defects, unseaworthiness etc.), the charter-company has the possibility to provide an equivalent replacement yacht. Any warranty claims against the charter-company remain as far as the replacement yacht has defects. The charter-company is not liable for lost items on board, as well as for damage to valuables (such as notebooks, cameras, mobile phones, clothing, etc.) by water, oil, diesel, etc.. The charter-company undertakes to the charterer the availability of an authorized person at the departure port during the charter period via telephone, at least during normal office hours.

Obligations of the charterer
After the charter has been completed, the charterer hands over the refueled vessel to the charter- company with one connected and one second full gas bottle. An extension of the agreed charter time is not possible without the consent of the charter-company. Until the return of the yacht, however, the charter contract is considered extended. If the ship is returned only after the end of the charter period, the charterer must bear the damage incurred by the charter-company. Weather changes must be calculated by means of flexible trip planning. The charterer is liable for damages or costs incurred by the charter-company or third parties, e.g. later crews, caused by non-compliance with the contract. The charter-company is entitled to assert these claims of third parties in his own name to the charterer. If the charterer leaves the vessel at a location other than the agreed one, he will be charged for the cost of repatriating the vessel by water or land, unless these costs paid by the insurance, by case of an insurance case. The return is considered as done when the ship is back in the home port. For actions and omissions on the part of the charterer for which the charter-company is claimed by a third party, the charterer indemnifies the charter-company. If the ship can’t be handed over in due time to the next charterer due to its condition, the charterer is liable as if the ship were be returned late. Lost, damaged or no longer functional items are to be reported to the charter-company immediately upon return. In particular, ground touches are to be reported. If damage to the ship, its accessories and equipment is not indicated on return and determined later by the charter-company, the charterer bears the burden of proof that the damage did not occur during his charter time.

Other assurances of the charterer:
• Adhering to the principles of good seamanship.
• To master seamanship and to have sufficient experience in sailing a yacht. The charterer expressly declares that he or the listed skipper has all the nautical knowledge necessary to drive a vessel in the charter area and is in possession of a valid driving license required for such purposes (e.g., a coastal sailing license).
• To be fully liable for any damage, that is causally related to false information about the ability to navigate.
• To obtain the required knowledge of the area by studying the nautical maps, manuals etc., before embarking on a trip. He is liable for navigation errors.
• The charterer is in knowledge that according to the statutory provisions, the commissioning of the on-board radio system is only permitted if the charterer or other person on board has the corresponding official radio contact certificate. The use of the radio in distress cases remains uneffected.
• The charterer undertakes to comply with the above mentioned statutory requirements. He assume liability for himself and the entire crew for breaches of the Regulatory Authority for Telecommunications and Post. The charterer expressly exempts the charter-company from liability in this respect.
• To comply with the legal requirements of the host country Greece. In certain areas it is necessary that the charterer has to sends copies of driver's licenses and passport (or ID), crew lists etc. to the charter-company in good time before the start of the trip. The charter-company is not responsible if these documents are not received in time and the charterer can’t or expires late.
• not to use the yacht for commercial purposes, let foreign passengers on board, leave the yacht to third parties without the written permission of the charter-company and to transport any dangerous or illegal goods or materials.
• leave the sea area of Greece only with the prior written consent of the charter-company.
• make no changes to the vessel or equipment.
• To get acquainted with the technical and all other facilities of the yacht before the start of the trip and to observe the operating instructions on board.
• Treat the yacht and equipment with care, keep the logbook in a simple form, be informed in advance of the trip about the conditions of the sailing area and the current weather conditions.
• At wind force up from 7 Bft. not to leave the protective harbor.
• arrive and departure at the harbor only with engine.
• In case of an accident or similar, tow the yacht with your own leash if possible and not agree on towing or recovery costs.
• Use a checklist to check the condition of the yacht and completeness of equipment and inventory at handover and return to confirm with signatures. Later complaints of charterer are excluded.
• Immediately upon return at the base, all complaints of the yacht, in particular ground touches (also known or not self-inflicted damages) have to be reported and to note in the handover or return protocol. In the case of grounding, the charter-company has the right to complain about this after returning the yacht.
• To send a list with all crew-members and all needed data to the charter-company before charter start.
• The signing of the legally prescribed charter contracts and official papers of the charter-company (possibly also in local language) on the takeover of the yacht (the GTC remain unaffected).

Obligation in case of damage and liability
The charterer is obliged to notify the charter-company of any damage to the yacht or equipment without delay. If after the takeover of the vessel by the charterer, damage occurs during the charter period which is likely to render the voyage completely or partially impossible, the charterer has no claims against the charter-company, if it is a case of force majeure (especially weather conditions) or third-party debt. If there is a damage to the hull, the rigging or the machine, which makes the usage of the yacht impossible, but was not recognized at the takeover, the charterer is entitled to a refund of the pro rata charter fee for the days the yacht can’t be used. Further claims (in particular travel, accommodation costs, compensation for pain, compensation for lost vacation days, etc.) are excluded. For all other damages, the charterer will promptly arrange the repair. As far as only normal wear and tear is concerned, the expenses will be reimbursed by the charter-company upon presentation of a receipted invoice. The document must include the charter-company (and address), the name of the ship, the type of work, the material, the final invoice amount and, if applicable, the net price and value added tax. Basically, repairs that exceed the aforementioned amount of damage require the explicit consent of the charter-company. Replaced damaged parts have to be handed over to the charter-company. In the case of damage to the ship or personal injury, the charterer will prepare a comprehensive record of the damage and provide written confirmation from the port authority, doctor, expert or other witness. The charterer is responsible for the corresponding logbook entries.
The charter-company must be informed immediately in case of damage, foreseeable delay, loss, inability to operate, seizure or obstruction of the vessel by authorities or by outsiders. In case of theft of the yacht or equipment the charterer has to report to the police. The charterer has to ensure that messages with repair instructions can reach him. If the charterer fails to immediately notify to charter-company of any damage of the yacht, any claim by the charterer for repayment of the security deposit paid and reimbursement of proportionate charter fees shall cease. Any recourse claims from the yacht charter must be made at latest 14 days after completion of the charter by registered letter to the charter- company. Claims asserted late are excluded. The damage and the damage event must be indicated to the agent of the charter-company upon handover of the yacht. Claims for damages of the charterer are limited up to the maximum amount of the agreed charter fee. All further claims are excluded, unless the charter-company or the authorized person has acted with gross negligence or with intent. The limitations and exclusions of liability do not apply to damage resulting from injury to life, limb or health. The charter-company is not liable for war, strikes, riots, natural disasters, high-handed dispositions, blocking of waterways, etc. For all acts and omissions of the charterer for which the charter-company is liable by third parties, the charterer indemnifies the charter-company from all private- and criminal consequences, including all costs arising from prosecutions, at home and abroad.

Repairs, control of engines and bilge
All repairs require the prior approval of the charter-company. Replaced parts must be kept in any case. Expenses for repairs which have become necessary as a result of material wear will be refunded by the charter-company upon presentation of the receipted invoice. The oil level, cooling water level and the bilges are to be checked daily, the outflow of cooling water always by the charterer. Damage caused by dry running of the engine is not insured and will be charged to the charterer. Likewise, the engine can’t be used in an inclined position under sails of more than 10 degrees, because the engine will not get any water and oil.
In case of an audible and/or visual alarm (caused, for example, by technical problems with engine cooling, lubrication or on the alternator), the engine must be switched off immediately and the relevant technical system must be checked. The charterer must inform the charter-company immediately by telephone. The charterer has to do everything necessary to reduce the damage and its consequences. If damage can’t be repaired at place, the charterer may, after consultation with the charter-company, be obliged to return to the base prematurely, if this is justifiable and reasonable in the circumstances.

Withdrawal from the contract by the charterer or reduction of the charter price in case of late handover or defects
If the booked yacht or an equivalent replacement yacht is not provided by the charter-company in time for the date agreed in the charter contract, the charterer can withdraw from the charter contract at the earliest 48 hours later. He will receive the full payments made back. For a charter period of two or more weeks, this period increases to 72 hours. Further claims for compensation, except for intent and gross negligence, are excluded. If the charterer doesn’t withdraw from the contract, he has the right to reimbursement of the pro rata charter price, for the time in which the yacht provided late. Possible damage to the yacht and equipment that doesn’t affect the yacht's ability to sail and continue to use will not entitle you to a reduction or cancellation.

Liability of the charterer
For acts and omissions of the charterer, for which the charter-company is held liable by a third party, the charterer indemnifies the charter-company from all private and prosecuted consequences, including all costs and prosecutions at home and abroad. The charterer takes over the yacht at his own responsibility. Except in the case of intent or gross negligence, the charter-company is not liable for him or anyone else on board. It should be noted that the conclusion of hull insurance by the charter-company doesn’t lead to a waiver of liability of the charterer for damages, which are not covered by the insurance. This applies in particular to damage caused by gross negligence, intent or non-observance of the contractual conditions on the part of the charterer, as well as any consequential damage.
The terms and conditions of the insurer, which can be viewed on demand, are part of this contract. The deductible per claim corresponds to the amount of the security deposit deposited locally (in cash, by credit- or debit card), and must be borne by the charterer. In case of defect-free return of the yacht and equipment, the deposit will be refunded immediately. Damage and losses (e.g. in the case of yacht equipment) may be charged to the security deposit. Any costs not covered by the security deposit shall be reimbursed immediately to the charter-company. The charter-company recommends the charterer if necessary the conclusion of an extended Skipper liability insurance, which regulates the compensation of damage to the chartered yacht in case of proven gross negligence.

In the case of obvious errors in the calculation of the stated charter price and the extras, the charter-company and the charterer have the right and the obligation to correct the charter price according to the valid price list, without affecting the legal validity of this contract. In case taxes, fees or charges, which are included in the charter price by law, increase or decrease, without the contracting parties have influence, Charter-company and Charterer agree to a corresponding adjustment of the contract. Verbal promises and side agreements are only valid after written confirmation by the charter-company. Information is provided to the best of our knowledge, but without guarantee.
The invalidity of individual regulations doesn’t affect the validity of the contract. The parties agree to replace if needs any ineffective regulations, with regulations, which are as close as possible to the effective regulations. If the toilet is blocked when returning the yacht, a fee of 150 € will be charged (per toilet). Smoking on board under deck is strictly prohibited. The yacht may not be entered with street shoes, but only with suitable shoes with bright sole.

Jurisdiction, applicable law
Claims against the charter-company North Hellas Sailing NEPA, GR-62100 Serres, Per. Kostopoulou 12, are governed by Greek law. The place of jurisdiction is the registered office of the charter-company.