General terms and conditions of sale

 updated pandemic 2020 / 16/04/2020

Copy translated into French

SCOPE OF APPLICATION

These conditions govern the sale of yachting services marketed by Mets. (M.E.T.S-Yat.Tur.Sey. Ltd. Sti) Tax numara : 6090326245 Tax office Marmaris

Registration for any of the boat rentals offered on its sites and for any purchase of services listed therein, implies the buyer’s unreserved acceptance of these general conditions, which prevail over any other document.

The usual name of the company is Mets (M.E.T.S-Yat.Tur.Sey.Ltd.Sti), or Mets yachting or Mets.

REGISTRATION – RESERVATION

Submission and registration of a charter contract with the following elements: 

  • NAME OF VESSEL / Type of vessel / Dates and period of charter
  • Ports of embarkation and disembarkation / Cruise itinerary
  • Number of passengers
  • Date of establishment of the contract and date of acceptance of the contract Mets by the parties   
  • Dated contract in possession of the charterer

It has been agreed between the undersigned Parties as follows 

_______________________CHARTER DETAILS ________________  

  • CHARGES with details of ancillary services included and not included (extra payment). 
  • Booking deposit one third of the total amount (1/3 or33.33 %) to be filled in
  • Terms of payment and final full payment one month before departure.

Payment is only deemed to be effective once the value has been credited to the account of Société Mets (account and account holder mentioned in our contracts)

_______________ CHARTER CONDITIONS _______________________ 

At the expense of the charterer: Charter costs, additional costs, additional expenses (extra payment).

  • Charter fees: 

Boat and staff, as well as fuel (calculated at 4 hours/day) and made available for a fixed period.

  • Additional ancillary costs: 

Food and soft drinks for the total number of charter party members.  (Breakfasts – lunches – tea-time according to navigation timing – dinners)

All port charges, or customs formalities, as well as water, electricity and applicable national and/or local taxes, concerning the chosen itinerary, Turkish coasts, or Greek Dodecanese islands itinerary (Outside the Greek Dodecanese islands, an A.P.A. – Advanced Provisioning Allowance – fee will be calculated daily and to be paid in cash to the captain on board).

The use of the on-board recreational equipment is free of charge and includes all non-motorised water sport equipment, all port, pilotage and diving fees, customs formalities, water, electricity and applicable national and/or local taxes.

Charter costs and ancillary costs are included in the amount indicated on the contract.

  • To be paid out of contract and if applicable: Extra payment – Additional expenses/fees:
  1. Use of motorised leisure equipment (jet skis, water skiing, etc.)
  2. Airport/boarding transfers if applicable.
  3. Alcohol. Alcohol at the bar rate on board (cash payment at the end of the stay) or supplies according to the passenger list (cash payment on the day of embarkation). Cash payment, no credit card reader on board. 
  4. Possible excursions for which there is an entrance fee.
  5. Other or miscellaneous.
  6. Staff tips

The OWNER and the SELLER agree to the following 31 articles of the general terms and conditions of sale:

 General terms and conditions of sale on the company’s website. They are an integral part of the contract with various comments or options. All the general terms and conditions of sale stated here can be provided and sent by telephone, e-mail or post. Acceptance of the payment of the booking amount is binding for the contracting parties.   

ARTICLE 1 RENTAL AGREEMENT  

The Owner agrees to hire the Vessel to the Charterer and not to sign any other Contract for the Charter of the Vessel for the same period.  

The Charterer agrees to hire the Vessel and to pay the Charter Fee, ancillary charges and additional charges as advertised and included in the Contract Sum. The Booking Deposit and any other agreed amounts, in the form of funds, to be paid on the due date to the account specified in the Contract. 

ARTICLE 2 PROVISION OF SERVICES

The Owner shall, at the beginning of the Charter Period, place the Vessel at the disposal of his client at the Port of reception of the passengers. The Charterer will take delivery of the Vessel in perfect working order, seaworthy, clean and ready for service, with all the necessary equipment mentioned in the contract (including safety and life-saving equipment up to date of control. (The vessel will be equipped as appropriate according to its size and specifications. 

ARTICLE 3 RESTITUTION 

The Charterer shall return the Vessel to the Owner at the Port of Return after discharging all debts incurred on his behalf during the Charter Period and in as good a condition as when he took delivery of the Vessel, apart from normal wear and tear arising from ordinary use. The Charterer may, if he so wishes, return the Vessel to the Port of Return and disembark before the end of the Charter Period but such early return shall not entitle him to any refund of the Charter Fee or the cost of boarding incurred by the owner and for the initial period of stay contracted or for the number of passengers stated in the contract. 

ARTICLE 4 NAVIGATION 

The Charterer shall limit the sailing of the Vessel to the Sailing Area and to the areas within the Sailing Area in which the Vessel is legally entitled to sail and according to the contract binding on both parties regarding the originally planned itinerary. The Charterer shall also limit the sailing time to an average included in the calculation of the charges for the itinerary mentioned in the contract. The Master, at his sole discretion, agrees to exceed the time in question.

ARTICLE 5 MAXIMUM NUMBER OF PASSENGERS / RESPONSIBILITY FOR CHILDREN / HEALTH OF MEMBERS OF THE CHARTER PARTY

a) The Charterer shall not at any time during the Charter Period permit more than the Maximum Number of Persons to be accommodated or to sail on board. At the sole discretion of the Master, a reasonable number of visitors while the Vessel is securely moored in port. 

b) If children are taken on board, the Charterer shall be fully responsible for their conduct and distractions and no member of the crew shall be held responsible for their conduct or distractions. Any person aged 12 years or over is eligible, although if under 18 years of age, must be accompanied by a parent or guardian with proof satisfactory to METS Yachting in its sole discretion that such person has the requisite authority to have the custody and care of such children.

(c) The nature of a Charter may render it unsuitable for any person suffering from a physical disability or undergoing medical treatment or relying on the repeated or almost permanent assistance of a member of the crew without prior notice. By accepting this Agreement, the Charterer warrants that all members of his Group are physically or medically fit to undertake the voyage contemplated by this Agreement. 

The Charterer and his Group undertake to be in possession of all necessary visas and vaccinations and/or “compulsory” or “recognised by medical authorities” or “strongly encouraged” for the countries to be visited and according to the laws or ordinances for the movement of natural persons, between states related to a pandemic situation (Corona addendum 01 02 2022 – ARTICLE 30 footer)

ARTICLE 6 EQUIPMENT 

The Owner shall provide a suitably qualified Captain approved by the Vessel’s insurers and a crew of sufficient experience, uniformed, adequately fed and insured. 

The Owner shall ensure that no member of the crew carries or uses illegal drugs on board the Vessel or keeps firearms on board (other than those declared on the manifest) and shall ensure that the Master and crew comply with the Laws and Regulations of any country in whose territorial waters the Vessel will enter during the term of this Agreement. 

ARTICLE 7 AUTHORITY OF THE MASTER 

The Owner shall ensure that the Master pays the same attention to the Charterer as if the Charterer were the Owner. 

The Master shall comply with all reasonable orders given to him by the Charterer in relation to the management, operation and movement of the Vessel, having regard to wind, weather and other circumstances.

 The Master shall not, however, be bound to comply with any order which in his reasonable opinion is likely to result in the Vessel being brought to a port or place which is unsafe or unsuitable or which may result in the Charterer being unable to return the Vessel at the expiration of the Charter Period or which in the reasonable opinion of the Master would cause a breach of the conditions contracted.

Should the failure to comply with the rules of the ship persist, after the Master has given due notice to the passengers, the Master shall inform the Owner and may terminate the Charter immediately or order the Master to return the Vessel to the Port of Return which shall mark the end of the Charter Period.  The Charterer and his party shall disembark, after the Charterer has settled with the Master all outstanding charges and the Charterer shall not be entitled to reimbursement of any of the Charter Costs. 

In relation to the use of water sport equipment, the Master shall have the right to refuse to allow the Charterer or any or all members of his Group to use a particular piece of water sport equipment if he reasonably believes that they are not competent, are at risk, are behaving in an irresponsible manner or are not taking the necessary precautions with regard to other persons when using the equipment in question. 

ARTICLE 8 ANCILLARY OPERATING COSTS AND ADDITIONAL COSTS

The Charterer shall be responsible for the operating costs as precisely defined in his contract and for the entire Charter Period for himself and the members of his Group. 

  • Note: Regarding additional ABS charges, if any, (outside the Turkish coast and the Greek islands of the Dodecanese only) the Charterer will be informed by the Captain, on a daily basis, of the payments to be made on board. The Owner shall ensure that the Captain will exercise due diligence in the expenditure of the passengers. Prior to disembarkation at the end of the Charter Period, the Master shall submit to the Charterer an itemised account of expenses with as many supporting receipts as possible and the Charterer shall pay to the Master the balance of the expenses or the Master shall reimburse the Charterer any overpayment, as the case may be. 
  • Advance payment for special requirements or additional equipment, shore transport or excursions or any other costs not normally considered as part of the charter or ancillary costs of running the vessel may be required by the Captain at the time of embarkation and in addition to the amount stated on the contract. (Special orders for equipment or special drinks, etc etc)

Payment on board for ABS ancillary fees and supplementary charges must be made in cash. Vessels not equipped with credit card readers. Cheques are not normally acceptable due to the itinerant nature of the vessel and the currency of the cheque book. 

ARTICLE 9 DELAY OR DEFAULT IN DELIVERY BY OWNER

a) DELAY / If, due to Force Majeure, the Owner does not deliver the Vessel to the Charterer at the Port of Delivery at the commencement of the Charter Period and if delivery is made within forty-eight (48) hours of the scheduled commencement date, the Owner shall reimburse the Charterer the Charter Costs on a pro rata basis or, if mutually agreed, the Owner shall authorise an extension of the Charter Period on the same pro rata basis.

b) FAILURE TO DELIVER / If due to Force Majeure, the Owner fails to deliver the Vessel within forty-eight (48) hours of the Charter Period, from the date due for delivery, the Charterer shall have the right to treat this Contract as terminated. The Charterer shall have the exclusive remedy of receiving a refund, without interest, of the total amount of payments made by him to the Owner. Alternatively, by mutual agreement between the parties, the Charter Period shall be extended by a period equivalent to the delay. 

c) If the Owner fails to deliver the Vessel to the Port of delivery at the commencement of the Charter Period for any reason other than Force Majeure, the Charterer shall be entitled to treat this Contract as rejected by the Owner. The Charterer shall be entitled to a refund without interest of the full amount of all payments made by him to the Owner and shall, in addition, receive from the Owner liquidated damages in the amount of fifty percent (50%) of the Charter Fee. 

ARTICLE 10 TERMINATION BY THE OWNER 

a) At any time in a case of force majeure, METS Yachting will, where appropriate, offer alternative holiday arrangements of a similar standard provided by METS Yachting. Or offer a postponement. Or ultimately refund all monies paid by the client under the arrangements set out in the METS Yachting confirmation invoice. Deadline 30 days.  Under no circumstances will damages be paid to the client.

b) On the due date, if the Client has not paid the full balance of the holiday price in accordance with the Booking Condition, then a cancellation charge as per the Booking Condition will apply.

(c) At any time and according to Mets’ decision and as a result of any inconvenience suffered: Mets is entitled to cancel the charterer’s stay. METS will then, if necessary, offer alternative arrangements of a similar standard provided by METS Yachting. It is understood that Mets Yachting will have done its best to comply with the terms of the booking and will not be liable for any such breach of contract. 

ARTICLE 11 MODIFICATIONS BY THE CUSTOMER

Within 15 days of departure. If the charterer needs to cancel, partially cancel or change accommodation, dates or names or number of participants, from what was initially confirmed with METS Yachting before or even up to the departure date and during the stay, METS Yachting reserves the right to register and charge 

  • Costs related to administrative changes. 120 € 
  • Similarly, there will be an administrative fee for the registration of new navigation documents with the local maritime authorities.
  • In the case of additional passengers, a share of accommodation, taxes, etc. will be recalculated. 

 No refunds for unused services or ancillary costs or arrangements can be made.

It is the customers’ responsibility to ensure that all booking details, names, passenger numbers and travel arrangements are correct at the time of travel and communicated in a timely manner. 

ARTICLE 1 2DELAY IN RETURN 

a) If the return of the Vessel is delayed due to Force Majeure, it shall be effected as soon as possible thereafter and in the meantime the terms and conditions of this Agreement shall remain in force but without penalty or additional cost to the Charterer. 

b) If the Charterer fails to return the Vessel to the Owner at the Port of Return due to an intentional delay or change of route despite the advice of the Master, the Charterer shall immediately pay the Owner by transfer or cash demurrage compensation at the daily rate plus forty percent (40%) of the daily rate and, if the delay in return exceeds twenty-four (24) hours, the Charterer shall be liable to compensate the Owner for any loss or damage suffered by the Owner as a result of the deprivation of use of the Vessel or termination or delay in delivery under any subsequent Charter of the Vessel.

ARTICLE 1 3TERMINATION BY THE CHARTERER 

Any cancellation by the Client must be made in writing by the person who signed the booking form. The cancellation only applies from the date of receipt by METS Yachting of the cancellation notice. 

In the event of cancellation by the charterer at any time prior to the commencement of the charter period, part or all of the charter fee will be retained by the owner as follows: 

  • After the signature of this agreement but before the last payment is due. 
  • After payment of subsequent instalments, the OWNER shall be entitled to retain the first instalment and all subsequent instalments due. 

If any of the instalments remain due but have not been paid, the OWNER shall have a claim against the LESSEE for that outstanding amount. If the TENANT fails to pay, after written notice from the OWNER, any amount due under this Agreement, the OWNER reserves the right to treat this Agreement as having been terminated by the TENANT and to withhold the full amount of all payments and to recover all sums outstanding and due to the date of repudiation.

Notwithstanding the OWNER’s right to receive or retain any of the above payments, the OWNER shall have the duty to mitigate the LESSEE’s loss and, in the event that the OWNER is able to re-let the Vessel for all or part of the Charter Period under this Agreement, the OWNER shall credit the net rental amount resulting from such re-letting after deduction of all commissions and other consequential expenses resulting from such re-letting. 

It is intended that the Owner shall receive the same net proceeds from any re-letting as it would have received under this Agreement had it not been cancelled or repudiated, so that the Owner shall only refund or waive payments received or due from the LESSEE to the extent that the net proceeds from any re-letting for part or all of the Charter Period exceed the amounts that would have been received under this Agreement. 

Important:

  • The OWNER will use its best endeavours to re-let the Vessel and will not unreasonably withhold its agreement to re-let, although charters which may reasonably be considered detrimental to the Vessel, its reputation, its crew or its schedule may be withheld. 
  • If, prior to the date of cancellation, the Vessel has taken provisions for the Charter, or has used the delivery/re-delivery charges as defined in this Agreement, the BUYER shall pay such expenses unless all or part of them can be reimbursed by the supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. It is the duty of the Master and the Owner to limit such expenses as far as possible. 

If notice of cancellation is received 8 weeks or more prior to departure date: Only the holiday deposit and insurance premium are forfeited. During this period, the following percentage will be payable as a cancellation fee by the client: 

  • up to 15 week or more before departure: 30%; 
  • 14 weeks: 50%; 
  • 8 weeks: 75%; 
  • 6 weeks: 100%; 

No refunds for additional orders made during your stay on board, by Mets and unused or completely unused (tours, hotel reservations, other…) can be refunded by Mets directly if previously ordered.

Also in the case of a shortened stay after booking, no refunds for unused days can be made by Mets.   

In the event of cancellation charges arising from the above, the amount due must be paid by the client to METS Yachting within 7 days of any charges being incurred. Notwithstanding the fact that the client’s holiday insurance policy may cover cancellation costs, it is the client’s responsibility to claim any insurance sum due, as METS Yachting cannot claim on behalf of the client. 

The above cancellation charges and conditions represent METS Yachting’s best estimate of the likely losses arising from the client’s cancellation.

ARTICLE 14 BREAKDOWN OR IMMOBILISATION 

If after delivery the Vessel is at any time immobilised by reason of engine failure, grounding, collision or any other cause which prevents the reasonable use of the Vessel by the Charterer for a period of between twelve (12) and forty-eight (48) consecutive hours or one-tenth (1/10ème) of the Charter Period, whichever is shorter (and the detention is not due to any act or fault of the Charterer), the Owner shall refund the Charter Fee pro rata temporis for the period of detention or, if mutually agreed, grant a pro rata temporis extension of the Charter Period corresponding to the period of detention.

If the Charterer wishes to invoke this Article, he shall immediately notify the Master in writing.  The Charterer shall be liable for the normal costs during the period of detention. 

In the event of actual or constructive total loss of the Vessel or if the Vessel is immobilised as aforesaid for a consecutive period of more than forty-eight (48) hours or one-tenth (1/10ème) of the Charter Period, whichever is shorter, the Charterer may terminate this Agreement by giving written notice to the Owner or to the Broker(s) or to the Master if no means of communication is available. As soon as practicable after such termination, the Owner shall refund the Charter Fee pro rata temporis without interest for the portion of the Charter Period not accrued after the date and time of the occurrence of the loss or detention. In the event of such termination, the Charterer may make restitution by surrendering possession of the Vessel at the place where it is located. The Charterer shall be entitled to recover from the Owner the reasonable costs incurred in returning the Group to the Port of Return by regular means of transport, together with any accommodation costs reasonably required for this purpose.

Alternatively, after a period of detention of more than forty-eight (48) consecutive hours or one-tenth (1/10ème) of the Charter Period, whichever is shorter and depending on the nature and/or severity of the detention, by mutual agreement, the Charterer may elect to remain on board for the duration of the Charter Period and the Charterer shall not then be entitled to make any further or additional claim against the Owner. 

ARTICLE 1 5USE OF THE VESSEL 

The Charterer shall comply with and ensure that the members of the Group comply with the Laws and Regulations of all countries, into whose territorial waters the Vessel will enter during the course of this Contract. 

The Charterer shall ensure that no pets or other animals are brought on board the Vessel without the written consent of the Owner. 

The Charterer shall ensure that the behaviour of the members of the Group does not adversely affect anyone or the reputation of the Vessel. 

The Charterer and the persons of the Group shall at all times respect the crew and allow them to perform their duties in the best possible manner. 

The Master shall immediately bring to the attention of the Charterer any breach of these provisions by the Charterer or any member of the Charterer’s Group and if such conduct continues after such warning, the Master shall inform the Owner or his Broker and the Owner may, by notice in writing to the Charterer, terminate this Contract in accordance with the provisions of Article 7 of this Contract. 

In the event that the Charterer or any member of his Group commits an offence contrary to the Laws and Regulations of any country which results in the detention, fine or imprisonment of any member of the crew of the Vessel or the detention, confiscation, The Charterer shall indemnify the Owner for any loss, damage or expense incurred by the Owner as a result of such sanctions and the Owner may, upon notice to the Charterer, immediately terminate this Agreement.

It is also specifically understood that the possession or use of any illegal drugs or weapons (including, but not limited to, firearms) is strictly prohibited on board the Vessel and any failure to comply with this provision may be sufficient reason for the Owner to terminate the Charter immediately without refund or recourse against the Owner. 

ARTICLE 1 6NON-ASSIGNMENT 

The Charterer shall not transfer this Agreement, sublet the Vessel or relinquish control of the Vessel without the written consent of the Owner which may be given on such terms as the Owner may deem fit. 

ARTICLE 1 7INSURANCE 

  • The Owner shall insure the Vessel with first class insurers against all the usual risks associated with a Vessel of such size and type with a cover provided extended to the Charter Authorisation and Third Party Liability cover. 
  • The insurance shall also cover war and include cover for personal injury to the crew and/or Third Party Liability incurred in the course of their employment. The Charterer shall be entitled to the benefit of the Owner’s usual insurance for a vessel of his size and type. 
  • Under normal circumstances, the Charterer will only be liable for costs or losses that may arise in the course of repairing damage caused (intentionally or otherwise) to the Vessel or to third parties by himself or members of his Group up to the level of the deductible excess under the Owner’s insurance policy for each separate accident or occurrence. 
  • The Charterer may be liable for more than the deductible excess for each accident or occurrence if the Charterer or any member of his Group has acted (intentionally or otherwise) in such a way as to render null and void or limit the effects of the cover under the Owner’s insurance. 
  • The Charterer shall take out or have in place independent insurance for his Personal Effects whilst on board or ashore and for medical or accidental expenses incurred which are not covered by the Vessel’s insurance. 
  • The Charterer should be aware that cancellation, termination, shortening or Charterer’s liability insurance is not included in this Contract. We recommend that our passengers take out “Cancellation Insurance” with their insurers prior to the trip, and of course if necessary. (The company does not issue cancellation insurance, which is the responsibility of an insurance company).

ARTICLE 18 GUARANTEE DEPOSIT 

Except as otherwise provided on the Contract Page, if the case of a Security Deposit is provided for, it shall be held by the Owner’s account and may be used to discharge any liabilities which the Charterer may incur under any of the provisions of this Contract. To the extent that it is not used for this purpose, the Security Deposit shall, within twenty-four (24) hours after the end of the Charter Period or the settlement of all outstanding issues, whichever is later, be returned to the Charterer without interest.

ARTICLE 1 9DEFINITIONS 

  • FORCE MAJEURE : In this Contract ‘Force Majeure’ means any cause directly attributable to acts, events, non-events, omissions, accidents or fortunes of the sea beyond the control of the Owner or Charterer (including but not limited to strikes, lockouts or other industrial disputes, riots, blockades, invasions, wars, fires, explosions, sabotage, storms, collisions, groundings, fog, governmental provisions or regulations, exceptional mechanical or electrical failures beyond the control of the crew and not due to the negligence of the Owner). Crew changes do not constitute Force Majeure. Force Majeure does not relieve the Owner of the payment of commissions. 
  • OWNERS, CHARTERERS AND BROKERS. As used herein, the terms ‘Owner’, ‘Charterer’ and ‘Broker’ and all corresponding pronouns shall be deemed to apply whether the Owner, Charterer or Broker is male, female or corporate, singular or plural, as the case may be. 

ARTICLE ASSIGNMENT20 OF CONTRACT

The assignment of the contract shall in any case entail an administrative assignment fee of € 500 per group payable to METS, as well as any additional costs incurred by METS as a result of the assignment.

In particular, any additional transfer fees charged by the port authorities and applied to the customer, especially if the transferred package includes administrative registration and/or customs clearance formalities.

The transfer of the stay may be considered as a cancellation generating the costs provided for in the Sales Conditions.

The assignor is obliged to inform Mets of its decision by e-mail no later than one day15 before the start of the trip.

In all cases, if the costs incurred by this transfer are higher than the amounts of the initial contract, Mets shall be owed the exact amount, which shall be invoiced to the Client upon presentation of supporting documents. Additional insurance is not refundable or transferable under any circumstances.

In any event, the transferor and the transferee of the contract are jointly and severally liable for the payment of all the costs referred to above as well as for the payment of the balance of the price, if applicable.

RESCUE21 ARTICLE 

During the period of the Charter, any proceeds from catch at sea, salvage and towage shall be divided equally between the Owner and the Charterer after deduction of the crew’s share and payment of the hire for the relevant period and related costs.  

ARTICLE 2 2ARBITRATION & APPLICABLE LAW 

Unless otherwise specified in the appropriate space on Page One of this Agreement, any dispute relating to the interpretation and performance of this Agreement shall be settled by arbitration in Marmaris and in accordance with the laws in force in Turkey. The dispute may be submitted to arbitration to be appointed by the contracting parties. 

The arbitral decision shall be final and binding on both parties and may, if necessary, be enforced by the Tribunal or any other competent authority in the same manner as a judgment of the court of first instance. 

BROKERAGE23 ARTICLE 

The Brokers shall only sign this Agreement for the purpose of this Article. By signing this Contract, the Owner and the Charterer confirm and agree as follows: 

a) The Brokers commission shall be deemed to accrue to the Broker(s) on signing this Agreement and shall be payable by the Owner out of the total Charter Fee plus delivery/return charges, if applicable, but excluding operating costs, in accordance with the provisions of Clause 22 below, whether or not he defaults for any reason, including Force Majeure.  In the event of termination by the Charterer, the commission shall be deducted from the deposit as an expense. 

(b) If the Charterer extends this Charter, the Brokers shall be entitled to and shall receive from the Owner a commission on the gross Charter Charges for the extension on the same basis as provided herein. 

c) In the event that the Charterer re-charters the Vessel to the Owner, his Agent or the Receiver, within (2) years from the date of completion of such Charter, whether or not on the same terms and conditions, the Brokers shall be entitled to and shall receive from the Owner, a commission on the gross Charter Fee paid for such re-charter on the same basis as that provided herein 

However, if the Charterer chooses, in good faith, to re-charter the Vessel during this two year period through another Broker to whom the commission has been paid, the Owner shall pay a commission of one third (1/3) of the total amount to the original Broker and two thirds (2/3) to the new Broker. This only applies in the case of free choice of Charterer and not if the change of Broker is suggested or requested by the Owner, his agent, the Master or his representative. 

d) In the event that a Contract is signed directly between the Charterer and the Owner for the purchase of the Vessel within (2) years from the date of commencement of this Charter, the Broker(s) shall be entitled to and shall receive from the Owner the sales commission. However, in the event that the Charterer purchases the Vessel from the Owner through a bona fide Sales Broker to whom the commission has been paid, the Owner shall pay or ensure that the new Broker pays a sum equivalent to at least fifteen (15%) percent of the gross sales commission. It is the Owner’s responsibility to inform any future Sales Broker of this responsibility. This only applies after the Charterer has been freely chosen and does not apply if the change of Broker is suggested or requested by the Owner, his agent, the Master or his representative. Any dispute arising from this Article may be submitted separately to arbitration.

e) The Brokers in this Contract shall not be liable for any loss or damage to the Owner or the Charterer or any of its affiliates, servants or agents, and, furthermore, the Brokers shall not be liable for any errors of judgment or description or otherwise, of whatever nature and howsoever arising and shall have no further obligation, duty or liability to the Owner or the Charterer except as herein provided. The Owner and the Charterer shall jointly and severally indemnify and hold harmless the Brokers from and against any loss or damage suffered by them by reason of any liability incurred by them to any person, firm, corporation or authority arising out of the promotion or initiation of this Charter, their assistance in the performance of this Contract or their engagement as Receiver. 

(f) For the purposes of this article, the terms Owner and Charterer shall be deemed to mean the named individual or corporation or any companies owned or controlled by them, including companies owned indirectly or through trustees, any director of such a company, usufructuary, named person, agent or invitee of the Charterer. 

ARTICLE BROKERS24 PAYMENT OF CHARTER FEES AND OTHER AMOUNTS 

All funds received by the Broker(s) under this Agreement shall be immediately transferred, upon receipt, to the Receiver (in the event that the Broker is not the Receiver) and thereafter held by the Receiver in a designated account in the currency of this Agreement.  Fifty percent (50%) of the Charter Fee shall be paid to the Owner by the Receiver after deduction of the total commission by bank transfer on the date of commencement of the Charter Period or the first working day thereafter. The Cash on Board (COB) shall be paid to the Receiver, the Master, or the Owner for transmission to the Master before embarkation, by bank transfer. Delivery and/or return charges (if applicable) shall be paid either at the same time as the first payment to the Owner or directly to the Captain. The balance of the Charter Fee shall be paid to the Owner on the first working day following the end of the Charter Period. 

ARTICLE 2 5COMPLAINTS 

The Charterer shall first inform the Captain on board of any complaint and notes shall be taken of the time, date and nature of the complaint.

However, if such complaint cannot be resolved on board the Vessel, the Charterer shall notify the Owner or the Broker on behalf of the Owner as soon as possible after the occurrence of the event giving rise to the complaint and in any event within twenty-four (24) hours of the event or occurrence unless this is not possible due to a breakdown or unavailability of communication equipment.  The complaint may be made orally in the first instance but should be confirmed as soon as possible in writing (by fax or post) specifying the precise nature of the complaint. 

ARTICLE 26 NOTICE 

Any notice given or to be given by either Contracting Party shall be in any written form, and shall be deemed to have been duly given if delivered to its address stated in the contract or delivered on board the Vessel. 

ARTICLE 2 7SALE OF VESSEL

Concerning SALE OF THE VESSEL before charter dates 

The Owner shall not sell the Vessel during the Charter Period as stated on Page One of the Agreement

  • If the sale is effective before the current charter contracts, the sale of the boat will only be effective at the end of the season after all current charter contracts for the season have been completed. All services will be provided by the chartering owner.

Exceptional circumstances : 

  • Should the sale be effective before the arrival of the clients, a replacement will be made on another boat of the same category or an upgrade on a boat of a higher category in order to guarantee the same minimum quality of service and with the agreement of the charterer.
  • Or service and booking provided by new owner under same conditions

If, however, the contracting party wishes to be reimbursed under these two conditions, the reimbursement will be effective taking into account the 10% cancellation fee. The owner shall not be liable to pay any damages.

ARTICLE 2 8PARTICIPANTS

  • Full names and marital status of passengers must be provided to the owner 15 days prior to the arrival of the passengers.
  • In case of subsequent modification of the passenger list within 15 days prior to departure, an administrative check-in fee of 120€ will be charged to the customer.

ARTICLE 29 FINANCIAL CONDITIONS OF RESERVATION

1) All bookings are made and accepted subject to the conditions set out in our travel guidelines. 

2) The charterer’s oral or written confirmation of the booking must be accompanied by the payment of the booking deposit: In general, one third (33.33%) of the total amount within a week (unless previously agreed in writing in the contract). 

3) The client making the booking does so for all other persons in the group designated as participating in the booking. The main client making the booking is obliged to inform all other members of the party of the conditions. He/she is responsible to METS Yachting for the content of the contract. 

4) The balance of the cost of the stay must be collected by the owner, 8 weeks prior to the departure date, (unless otherwise stated in the contract) otherwise we reserve the right to cancel your booking, and you may be liable to pay a cancellation fee of up to 100% of the final cost of the stay as shown in condition no. 10. 

5) For all bookings made within 2 weeks of departure, the stay is confirmed upon oral confirmation by telephone or written confirmation and any other means of transmission. If you cancel your booking at a later date, the cancellation charges set out in condition no. 10 will apply. All sums in relation to the total cost of the stay must accompany the signed booking form. 

6)The price of your holiday may increase for a variety of reasons over which we have no control. These include government measures (domestic or foreign), currency fluctuations, fuel charges. In the event of these or similar increases, we will absorb the equivalent of 2% of the price of the holiday excluding insurance premiums. Thereafter, amounts in excess of 2% will be charged to the client who will have the right to cancel the holiday for a full refund (excluding any premium paid for insurance). If the client cancels due to a surcharge, the client must do so in writing within 14 days of the surcharge date. 

ARTICLE PANDEMIC30 – COVID 19 – ADDENDUM

The PARTIES are aware of global concerns and current restrictions. In relation to travel, social distance and self-isolation protocols adopted by many states. It is agreed to amend and supplement the terms of the General Conditions of Sale as follows: 

Addendum, the term “Covid-19” refers to the coronavirus known as “Covid-19” and/or any subsequent variant of the coronavirus.

1 If, prior to the date of embarkation of the charter, a relevant official governmental restriction on travel or other directives of a national or local public health authority concerning the maintenance of health or the control of a pandemic or epidemic, the vessel’s flag state directives will observe the World Health Organisation’s guidelines and make every effort to allow the charter to proceed under optimum conditions of maintenance of health and control of a pandemic on board.

2 If, prior to the commencement of the Charter Period, any of the Charterers or the Owner is directly prevented from performing its material obligations under the Charter Agreement as a result of Covid 19’s illness (an “Affected Party”), or if the performance of the Charter Agreement and/or the enjoyment of the Vessel during the Charter Period can reasonably be expected to be materially affected by Covid 19’s illness, which includes but is not limited to:

  • The fact that the owner does not deliver
  • Or the charterer fails to take delivery of the vessel within forty-eight (48) hours of the scheduled start date of the charter period, 

Then the affected Party shall notify the other Parties of the relevant circumstances and the effect on its performance of the Charter Agreement.

The Parties shall discuss in good faith for a period of up to ten (10) days, or if earlier, until the commencement of the Charter Period, to mitigate the effects of such event on the performance of the Charter Agreement, including, without limitation, the following circumstances

  1. By changing the port of delivery or redelivery, 
  2. By changing the cruising area or route.
  3. By changing the number of passengers or the composition of the passenger group
  4. Or even by changing the charter period in the same season if possible
  5. Or a deferral date not exceeding 12 months after the first day of the initial charter period and including with the charterer who books the charter sometimes through a broker.  On the other hand Mets, to be agreeable to its charterers, may propose a period of 12 months extended to 18 months as suggested by some states of the same nationality as the charterer.
  6. In the event of a further postponement, the same 12-month postponement period will be proposed again, taking into consideration the measures inherent in the epidemic and preventing travel to the embarkation point and also taking into account any increase in the owner’s costs for the same subsequent stay.

State guidelines or ordinances of the owner’s country should be considered.

A refund is not conceivable (except in exceptional cases**) and in order to protect the company’s economy. A deferral policy is applicable.

** Note: Except in exceptional circumstances :

  • Death of the charterer, death of one of the decision making members of the charterer’s group, on a case by case basis in consideration with the charterer and in good faith. 
  • However, if one of the charterer’s group members showed signs of the infection, the contract remains enforceable. There are, however, circumstances (child/parent(s)) (husband/wife) (or other legitimate couple) requiring the presence of the other. On a case by case basis in consideration with the charterer and also in good faith 

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DEFERRAL POLICY – We encourage the charterer to accommodate the proposed deferral at no additional cost (except where applicable by changes impacted by 1) 2) 3) 4) and 6) above.  By changing the port of delivery or redelivery, changing the cruising area and itinerary, changing the number of passengers, or even changing the period (month concerned) of charter or upgrading the prices and costs borne by the owner.

  • A deferral of the payment schedules for the remaining amounts due will be proposed taking into account the owner’s requirements but also the charterer’s ability to meet them.
  • In the event of a postponement, the same week (week 1, week 2, week 3, week 4) of the current month would be offered as a postponement for the following season, same month, same week concerned.

CAPTAIN and pandemic

The Master shall always have the right not to follow the Charterer’s instructions if and to the extent that the Master reasonably considers that this may expose the Charterer, Guests, crew and/or vessel to a risk of exposure to disease, pandemic and Covid 19.

Also to follow all instructions, regulations, laws, recommendations, best practices issued by any governmental entity or the World Health Organization in relation to disease, or pandemic or Covid 19, so as to protect the life and health of persons on board whether or not this may impact on the performance of the charter agreement and/or the charterer’s enjoyment of the vessel.

– Each party shall be entitled to send requests to obtain relevant information from the other party in respect of illness, pandemics and Covid 19, including, but not limited to, any country where the Charterer or a Guest or crew member or the vessel has travelled within 14 days prior to the commencement of the Charter Period, and the other party or parties shall respond promptly to such requests. 

– Each party shall promptly inform the other if it becomes aware of any information relating to the disease, pandemic and Covid 19 which may affect the performance of the charter contract and/or the enjoyment of the vessel during the charter period, including, but not limited to, the fact that the charterer and/or a guest and/or crew member is infected or suspected of being infected with the disease or pandemic or/and Covid 19

Return of the shipper to the country of origin

In the event of a test being requested prior to return, Mets can arrange for Covid detection with the health authorities. The cruise itinerary will then be modified to allow the health and medical teams to organise for the charterer’s group, within the time limit prescribed for return flights, the Covid detection test, the results of which will allow the charterer and his group to travel abroad if necessary.

ARTICLE 31. SPECIFIC PROVISIONS

All property rights in this agreement belong exclusively to METS. Unofficial use of this agreement without the prior written consent of METS constitutes theft of the work, unfair copying and copyright infringement. 

The original of the general conditions is written in Turkish. In case of conflict in the contract, the Turkish language is determined as the main language.

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Services ordered from Mets are subject exclusively to the cancellation and modification conditions set out in these General Terms and Conditions of Sale.

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