Preamble
These Yacht Charter and Travel services are offered to
CHARTERERS by Azimut Charter Club, c/o Fraser Yachts Monaco
– 2 Quai Antoine 1er – MC-98000 Monte-Carlo.
Azimut Charter Club is a service from FRASER YACHTS MONACO
SAM.
The use of this website and the purchase of any travel
services offered by Azimut Charter Club imply the CHARTERER's
absolute acceptance of these Booking Terms & Conditions
and of all provisions thereof.
Some of the services provided, particularly those related
to travel tickets, may be subject to special conditions
which the CHARTERERS are encouraged to review.
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Pre-contractual information
Pre-contractual information is provided for each yacht
available for charter and listed on the on-line catalogue.
CHARTERERS are welcome to read this information and are
strongly advised to print out the yacht charter description
in order to review it prior to placing an order: items
included in the price, not included in the price, extras
available and additional information.
CHARTERER information regarding the terms of cancellation,
possible change in price and conditions, details of the
insurance policy taken out by FRASER YACHTS MONACO SAM,
coverage amounts, information about optional additional
insurance policies are provided in these Booking Terms
& Conditions.
The CHARTERER is deemed to be aware of this information
and to have kept a paper copy thereof.
On-line booking procedure
When booking a charter online, the CHARTERER must first
identify himself (or herself). The CHARTERER must follow
the instructions written on the Internet pages and fill-in
a form asking for all relevant information to the CHARTERERS’
identification, and in particular: full name, mailing
address, email and telephone number.
After choosing a yacht or holiday package, the CHARTERER
must accept the present Booking Terms and Conditions (by
clicking on “I accept”) as well as any specific
conditions that could possibly be added to these general
conditions for a specific product and/or service.
The booking will only be fully registered once the payment
of the deposit has been registered by our bank. This last
“click” is considered a valid electronic signature.
All offers and orders are subject to availability. When
an order is registered, Azimut Charter Club will send
the CHARTERER an e-mail confirming the booking. By keeping
this mail and printing it along with the invoice, FRASER
YACHTS MONACO SAM via its website azimutcharterclub.com
will consider this as evidence of the CHARTERER’s
booking.
When booking a charter on azimutcharterclub.com, the CHARTERER
accepts the risk of unavailability and expressly gives
up his/her right to claim compensation in case of unavailability.
The confirmation e-mail only confirms that the booking
has been registered, not that the yacht or holiday package
is available. In case of unavailability, pricing or technical
errors, FRASER YACHTS MONACO SAM will contact the CHARTERER
as soon as possible to offer an adequate replacement product
or to confirm that the booking has been cancelled.
The client acknowledges that FRASER YACHTS MONACO SAM,
via its website azimutcharterclub.com reserves the right
to cancel a reservation up to 7 days after the online
transaction takes place and shall inform the CHARTERER
in case of unavailability, pricing or technical errors.
In this case FRASER YACHTS MONACO SAM will reimburse the
full amount paid, without the client being able to claim
for compensation unless the client accepts a replacement
offer made by FRASER YACHTS MONACO SAM.
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Payment terms
a) Any reservation is considered as a contract between
Fraser Yachts Monaco SAM and the CHARTERER.
b) General Payment Terms: with regard to any reservation
that occurs more than 31 days prior to departure, a deposit
representing 50% of the total charter price must be paid.
It is mandatory that payment of the balance be made no
later than 30 days prior to the scheduled departure date
(departure date included) and without FRASER YACHTS MONACO
SAM being required to issue any reminder whatsoever.
If the holiday reservation occurs less than 30 days prior
to the scheduled departure date, the entire charter price
shall be due.
In the event that the balance is not paid within the stipulated
time, the contract will, by the operation of the law itself,
and without formal notice, be considered as cancelled
due to the fault of the CHARTERER. The deposit paid will
be retained and cannot be applied toward another holiday;
the cancellation fees will therefore then be payable under
the terms of Article 8 below.
Suggested methods of payment are listed on the Internet
website pages reserved for payment, or are available through
our call centre.
c) Special Internet Payment Terms: to secure a reservation
through our Internet website, a deposit of 10% of the
total charter price must be paid. The CHARTERER will then
have 7 working days to pay the balance due according to
the above General Payment Terms.
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Prices
a) Except where explicitly specified in the offer, yacht
charter prices include rental costs per se, with the services
referred to in the product description, and include all
taxes, notably the VAT if applicable (with the exception
of the tourist tax), the service of a professional crew
or captain, leisure equipment and onboard water sport
and the yacht insurance. No protest concerning the charter
price will be considered. It is the responsibility of
each CHARTERER to decide, prior to his or her departure,
whether or not the price is acceptable to him or to her,
and to bear in mind that this is a package holiday price.
b) Except where explicitly specified in the offer, posted
prices do not include:
• Supplementary third-party liability insurance,
as described hereinafter;
• Personal expenses, security deposits on the rental
of the yacht and equipment, excess luggage charges, fees
or penalties incurred for the violation of the laws in
the countries concerned;
• Tourist tax set by local authorities.
• More generally, any service not expressly included
in the yacht charter description and specifically, but
not exclusively, fuel, meals & beverages, yacht delivery
fees, harbor fees, crew gratuity, shore excursions / meals
on shore, dockage during the charter at the client's request,
airport transfers, airfare.
c) The charter rates advertised on-line may be changed
without notice. The price shown in the booking confirmation
is the only valid price.
d) Under current law, prices specified in the contract
cannot be modified, except to take into account variations
in:
• Air transportation costs, particularly those related
to fuel prices;
• Fees and taxes associated with the various services
offered, such as landing, boarding and arrival taxes levied
by ports and airports;
• Exchange rates applicable to the trip or holiday
being considered.
In all of these cases, contract price increases cannot
be implemented less than 30 days prior to the departure
date.
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Yacht availability
The yachts offered are available in limited numbers and
are managed in real time. The CHARTERER's attention is
drawn to the fact that the product presented may become
unavailable when he/she confirms his agreement and where
several users are connected simultaneously and are interested
in the same yacht. The first user to confirm his/her agreement
for said product may thus, in real time, render it unavailable
to other users. In this case, an unavailability message
shall be sent to the user when he/she orders confirmation
procedure.
All offers, even those stated as immediately available,
are subject to final confirmation. Offers can be either
immediately available or subject to confirmation by Azimut
Charter Club, within seven (7) days.
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Member access
Azimut Charter Club will grant the CHARTERER with Member
Access codes which will allow him/her to view, follow
and edit reservations and personal client information
up to 30 days before departure. These codes are strictly
personal and confidential.
The Member Area includes all relevant information such
as your guest list, preferences list for fully crewed
charters, yacht charter agreement, invoice and your arrival
information.
The CHARETERER can also follow and manage charter payments
online.
For any modification made less than 30 days before departure,
the CHARTERER shall contact the Azimut Charter Club call
centre.
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Cancellation and revision made by the Charterer
a) All cancellations must be sent by registered letter
(to the following address : Azimut Charter Club –
c/o FRASER YACHTS MONACO SAM - 2 Quai Antoine 1er –
MC-98000 Monaco - with return receipt requested, with
the mailing date of the notification being the effective
cancellation date (as postmarked). In the event that a
cancellation is made less than 10 days prior to the departure
date, such notification must also be sent by fax (fax
number: +377 93 100 491).
b) When booking a yacht charter through the azimutcharterclub.com
website, the CHARTERER has 7 working days from the day
he/she has confirmed his/her booking to exercise his/her
right to cancel his/her booking. However, if the client
benefits from the service before the 7 day term expires,
he/she has no right to exercise the right to cancel he/she
was originally entitled to.
c) Should the CHARTERER give notice of cancellation of
the booking after the initial 7-day period and at any
time before the commencement of the Charter Period, the
CHARTERER shall remain liable for all payments due to
Azimut Charter Club (or the OWNER) prior to and unpaid
at the date of cancellation. Should notice of cancellation
be given by the CHARTERER or should the CHARTERER fail
after having been given notice to pay any amount due under
this Agreement, Azimut Charter Club (or the OWNER) shall
be entitled to treat this Agreement as having been repudiated
by the CHARTERER and to retain the full amount of all
payments.
Notwithstanding the right of Azimut Charter Club (or the
OWNER) to receive or retain all payments referred to above,
Azimut Charter Club (or the OWNER) shall be under a duty
to mitigate his loss in the event that Azimut Charter
Club (or the OWNER) is able to re-let the vessel for all
or part of the Charter period under this Agreement, Azimut
Charter Club (or the OWNER) will give credit for the net
amount of charter hire arising from the re-letting after
deduction of all commissions and other consequential expenses
arising from such re-letting. The intention is that the
Azimut Charter Club (or the OWNER) shall use his best
endeavors to re-let the vessel and shall not unreasonably
withhold his agreement to re-let, although charters which
may reasonably be considered detrimental to the vessel,
its reputation, its crew or its schedule may be refused.
d) If prior to the date of cancellation the vessel has
taken on provisions for the Charter, or has utilized the
Delivery/Re-delivery fee, then the CHARTERER shall pay
for these expenses unless all or part can either be refunded
by supplier or transferred to the next Charter, in which
case they shall be adjusted accordingly. The MANAGER,
CAPTAIN and OWNER shall be under a duty to mitigate these
expenses where possible.
e) Any change made in charter dates or cruising areas
will be considered as a cancellation.
f) Any additional services will be invoiced in accordance
with Articles 3 et seq. of these Booking Terms and Conditions.
g) Any yacht charter already in progress will be considered
as completed and will not give rise to any refund.
h) Should the client waive, during the course of his charter,
one or more of the services ordered, he or she will not
be entitled to demand FRASER YACHTS MONACO SAM to grant
him or her any reduction whatsoever on the charter price.
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Modifications and revisions made by Azimut Charter Club
or the Owner
a) If, by reason of force majeure (as defined in Clause
15 (a)), the OWNER fails to deliver the Vessel to the
CHARTERER at the Port of Delivery at the commencement
of the Charter Period and delivery is made within forty-eight
(48) hours of the scheduled commencement date, or within
one tenth (1/10th) of the Charter period, whichever period
is the shorter, the OWNER shall pay to the CHARTERER a
refund of the Charter Fee at a pro rata daily rate or
if it be mutually agreed the OWNER shall allow a pro rata
extension of the Charter Period.
FAILURE TO DELIVER
b) If by any reason of force majeure the OWNER fails
to deliver the Vessel within forty-eight (48) hours
or a period equivalent to one-tenth (1/10th) of the
Charter Period, whichever period is the shorter, from
the due time of delivery, the CHARTERER shall be entitled
to treat this Agreement as terminated. The CHARTERER’s
exclusive remedy will be to receive repayment without
interest of the full amount of payments made by him
to the OWNER or Stakeholder. Alternatively, if the parties
mutually agree, the Charter Period shall be extended
by a time equivalent to the delay.
c) If the OWNER fails to deliver the Vessel at the Port
of Delivery at the commencement of the Charter Period
other than by reason of force majeure, the CHARTERER
shall be entitled to treat this Agreement as repudiated
by the OWNER. The CHARTERER will be entitled to repayment
without interest of the full amount of all payments
made by him to the OWNER or Stakeholder, and shall in
addition be paid by the OWNER liquidated damages of
an amount equivalent to fifty percent (25%) of the Charter
fee.
CANCELLATION BY OWNER
d) If prior to the commencement of the Charter Period
as set out in Page One of this Agreement, the OWNER
tenders notice of cancellation via the Broker (or the
Azimut Charter Club) and if the cancellation is by reason
of force majeure, the CHARTERER, the remedy in (b) above
shall apply.
e) If the cancellation is for any reason, other than
force majeure, the CHARTERER shall be entitled to repayment
without interest of the full amount of all payments
made by him to the OWNER or Stakeholder, and shall in
addition be entitled to liquidated damages to be calculated
and paid forthwith, an amount equivalent to fifty percent
(25%) of the Charter Fee.
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Charter Agreement
Once the CHARTERER has made a reservation and all details
have been addressed, he/she will be asked to sign the
Azimut Charter Club “Charter Agreement” which
can be downloaded from the Member’s Area.
The Charter Agreement covers all the aspects directly
linked with chartering the yacht: delivery of yacht, cruising
area, crew, operating costs, insurance, etc…
Before confirming a reservation, the CHARTERER can request
a copy of the Charter Agreement to the Azimut Charter
Club call centre.
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Non-assignment
The CHARTERER shall not assign this Agreement, sub-let
the Vessel or part with control of the Vessel without
the consent in writing of the FRASER YACHTS MONACO SAM,
which consent may be on such terms as the FRASER YACHTS
MONACO SAM thinks fit.
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Law governing this agreement
This Agreement shall be governed by, and construed and
enforced in London and in accordance with the laws of
England, excluding the conflict of laws principles thereof.
The dispute shall be referred to a single Arbitrator to
be appointed by the parties hereto.
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Insurance coverage
FRASER YACHTS MONACO SAM has contracted a corporate insurance
guarantying the consequences of civil liability.
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Privacy Policy
See following page: www.azimutcharterclub.com/privacy.htm
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Complaints
Should you wish to dispute the service provided during
the charter, any claim must be addressed at the latest
by the last contractual day of your charter or upon disembarkation
to the local Azimut Charter Club representative. Any claim
not formulated in such a way cannot be taken into account.
Should you have addressed a complaint, we request you
send us a copy of your complaint with any supporting evidence
no later than 15 days after your arrival. The client acknowledges
that FRASER YACHTS MONACO SAM can under no circumstances
be held accountable for anything the service providers
are solely responsible for.
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Definitions
a) FORCE MAJEURE
In this Agreement “force majeure” means any
cause directly attributable to acts, events, non-happenings,
omissions, accidents or Acts of God beyond the reasonable
control of the OWNER or the CHARTERER (including, but
not limited to, strikes, lock-outs or other labor disputes,
civil commotion, riots, blockade, invasion, war, fire,
explosion, sabotage, storm, collision, grounding, fog,
governmental act or regulation, major mechanical or electrical
breakdown beyond the crew’s control and not caused
by OWNER’s negligence). Crew changes do not constitute
force majeure. Force majeure does not excuse the OWNER
from payment of commissions.
b) OWNERS, CHARTERERS AND BROKERS
Throughout the Agreement, the terms “OWNER”,
“CHARTERER” and BROKER” and corresponding
pronouns shall be construed to apply whether the OWNER,
CHARTERER, or BROKER is male, female, or corporate, singular
or plural, as the case may be.
c) The term “OWNER” designates the physical
owner of the yacht or the ACC local representative or
the Azimut dealer or the MANAGER, whichever entity has
a Power Of Attorney from the physical owner to represent
his stakes (stakeholder).
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