Terms and Conditions - Elysium Yachts

Comprehensive Simplified Yacht Charter Agreement

Vessel Readiness: The Owner agrees to deliver the vessel afloat, clean, in seaworthy condition, free of debts/encumbrances, and fitted with all necessary gear, equipment, inventory, and mandatory safety apparatus required by registration authorities.
Joint Check-In Inspection: Prior to departure, the Charterer and Owner (or authorized representative) must conduct a thorough joint inspection using a standardized Delivery Statement & Inventory List. The Charterer’s signature on this document confirms seaworthiness and inventory completeness, waiving subsequent claims regarding latent defects or minor deviations.
Delivery Delays & Remedies:

If delivery is delayed by up to 24 hours (or up to 1/4 of total charter length), the Charterer is entitled to either extend the charter duration by equivalent time (if schedule permits) or receive a pro-rata refund of the charter fee corresponding to the delay.
If delivery is delayed beyond 24 hours or 1/4 of the charter period, the Charterer may terminate the agreement and receive an immediate full refund of all payments made, without interest. Neither party shall be liable for consequential losses, such as travel or accommodation costs.

Redelivery Schedule: The vessel must be returned to the designated disembarkation port by 18:00 on the day prior to charter termination, fully cleaned, free of debts, and with all equipment in the same condition as at initial handover.
Demurrage & Abandonment Penalties: Failure to redeliver on time (including due to weather conditions) incurs demurrage charges calculated at the daily pro-rata charter fee plus a 50% surcharge. Leaving the vessel at any port other than the designated disembarkation port renders the Charterer liable for all relocation costs, qualified crew oversight during transfer, demurrage for transfer days, and uninsured damages incurred during transit.

Crew Competence & Licensing: The Charterer warrants that the vessel will be commanded by a licensed skipper and supported by an experienced co-skipper possessing required nautical knowledge. The Owner reserves the right to test sailing competence at departure; if unsatisfactory, the Owner may assign a paid skipper at the Charterer's expense.
Passenger Manifest & Usage Limits: The total number of persons onboard must never exceed the vessel’s maximum licensed capacity and must include at least two crew members at sea. The Charterer is solely responsible for maintaining an up-to-date passenger manifest and reporting any changes to authorities immediately. Commercial transport, subletting, racing, and towing (except in emergency) are strictly prohibited.
Navigational Safety & Restrictions:

Sailing is prohibited when wind speed exceeds Beaufort Force 6, when port authorities issue sailing bans, or when vital gear (engine, rigging, pumps, navigation lights) is damaged or dysfunctional.
Official paper nautical charts and pilot books must be used for primary navigation. Electronic aids (GPS/apps) serve as guidance only without liability on the Owner or provider for inaccuracies.

Itinerary Requirements: The voyage must be planned so that the farthest point ("Turn-Around Point") is reached within the first 1/3 of the charter period. Two days prior to charter end, the vessel must be within 40 nautical miles of the redelivery port. Daily entries must be recorded in the vessel’s logbook.

Security Deposit & Running Expenses: A security deposit (or non-refundable deposit waiver, if applicable) must be lodged prior to embarkation to cover potential uninsurable loss, damage, or debt. The Charterer pays all running operational costs during the charter, including fuel, water, lubricants, and port fees.
Repairs & Maintenance: Repairs arising from normal wear and tear are reimbursed by the Owner upon presentation of receipts, provided technical consent was obtained prior to execution. Repairs resulting from misuse or negligence are at the Charterer’s sole expense.
Insurance Coverage & Exclusions: Comprehensive marine hull and third-party liability insurance is provided by the Owner. Insurance coverage excludes loss or damage caused by gross negligence, willful misconduct, illegal acts (such as customs or archeological violations), or damage to personal belongings.

Accident Procedures: In case of grounding, collision, breakdown, or accident, the Charterer must immediately notify the Owner and obtain an official written statement from the nearest Port Authority.
Notice of Complaints: Formal complaints or operational claims must be submitted in writing within 24 hours of the incident and prior to the conclusion of the charter period. Claims submitted after charter completion are forfeited.
Arbitration: Any unresolved dispute arising under this agreement shall be settled through binding arbitration in Greece by two appointed arbitrators or an umpire.