Cosmos Yachting GmbH (“Cosmos Yachting”) always acts as an agent between the client and the Charterer (“the Owner”). For our clients this means that your contract is always entered into directly with the company abroad and not with Cosmos Yachting. All charter companies represented by Cosmos Yachting have the official government authorisation to charter yachts. We are entitled to issue charter contracts for all our principals and also to receive payments on their behalf. All particulars and other information given by us are given in good faith and with the authority of the Owner or his duly authorised representative. On the charter of a yacht the specification and picture provided by us is supplied in good faith and with the knowledge of the Owner or the Owner’s duly authorised representative. We give no warranty or guarantee as to the accuracy of any information supplied or as to the physical or mechanical condition of any yacht chartered or as to the competence of our principals or their representatives abroad.
HOW DO I BOOK?
By signing the Charter Agreement and sending it together with the appropriate deposit to Cosmos Yachting. The Agreement between you and the Owner will be formed when the written confirmation of the booking is dispatched. The balance of the price is payable 6 weeks before embarkation, and the person signing the Charter Agreement guarantees payment on behalf of all those for whom the booking has been made and if not received by then, we shall be entitled to cancel the charter. Should you book less than 6 weeks before departure then the full price of the charter is payable upon booking.
CAN I ALTER THE BOOKING?
Cosmos Yachting will always try to arrange alterations you may request after the Charter Agreement is formed but may have to charge an administration fee. If no alternative can be arranged the original Agreement will stand.
We reserve the right to vary the price of any charter should we consider it necessary through a fluctuation in exchange rates although no changes will be made within 30 days of departure. Only increased costs caused by Government action will be passed on after this time.
All cancellations must be made in writing and received prior to the departure date and will be effective on the date it is received by us together with all travel documents by then issued to you. In any event insurance premiums are non-returnable and cancellation charges are payable as follows: Up to 10 weeks before departure – deposit only, 10-6 weeks before departure – 75% of total price, under 6 weeks before departure – total price.
In accordance with the relevant Government and Insurance regulations, selfsail charter is possible provided that the skipper and crew are capable of handling the yacht properly and safely and produce either a licence permit or certificate of competence or a letter from a recognised Yacht Club certifying the competence of at least the Skipper and sometimes one other member of the crew.
We undertake to exercise all due diligence to ensure that the charter booked by you is provided in accordance with our contract, we accept responsibility for any loss or damages caused to you as a result of the negligence or default of ourselves or any persons directly employed by us. However, the provision of this charter involves independent parties who are neither employed by us or under our direct control such as airlines, yacht owners, travel operators and handling agents. Moreover, the charter may unfortunately be disrupted by “force majeure” events such as fire, floods or political unrest.
The agreement is entered into on the mutual understanding that we will not be responsible for loss or damage including inconvenience or disruptions caused by the acts or defaults of independent parties, or by “force majeure” events including the following: (1) Travel – Whilst we might be making upon the charterer’s request the travel arrangements with the carriers for the purpose of your charter, we accept no responsibility for and shall not be liable for any reasons of delay in or cancellation of any flights, trains or ferries or any loss, damage or inconvenience, frustration, annoyance and disappointment, distress consequent thereon whether caused by the fault of a carrier concerned or by reasons beyond their control including strikes or other industrial action by any staff or personnel rationing or unavailability of fuel or other necessary supplies.
(2) Charter yachts – in the very rare event that you are not provided on
arrival at your destination with the yacht that you have reserved, you will be given an alternative. Should this be significantly inferior to that originally reserved, we will take reasonable steps to secure a refund of an appropriate part of the charter price paid by you on your behalf. In no circumstances will Cosmos Yachting be liable to repay you any monies nor shall they be under any liability to you in the event that they are unable to secure any payments on your behalf. Apart from the circumstances referred to above, we will be under no obligation or liability to you in respect of alterations due to over-booking or deficiency in services or amenities.
THE COMPANIES RESERVED RIGHTS
Bookings are accepted on the basis that the details provided by the client as to previous experience are accurate and we will not be responsible for any loss suffered by the client or to indemnify the client in respect of any claim against the client, however caused, as a result of the insurer failing to indemnify the insured. The Owner reserves the right to withdraw or cancel the yacht at any time prior to departure for reasons of serious damage to yachts, hostilities, civil strife, strikes, threats of war, closure of airports, terrorist activities or any other reasons amounting to “force majeure”. In this eventuality, Cosmos Yachting will endeavour to give as much notice as possible and refund all monies paid less reasonable expenses. We reserve the right on behalf of the Owner to make alterations to a booking and to substitute services or yachts for that which the client has booked. In the event of making such alterations we will endeavour to give the client as much notice as possible and to arrange for comparable services or yachts or to obtain a full refund of all monies paid by the charterer from the Owner on behalf of the Charterer. Any alterations do not entitle clients to cancel the charter.
We hope you will have no cause for complaint but if you do then a written complaint must be sent to us as soon as possible after the end of the charter and not later than 28 days, after which no claim can be entertained. The Charterer hereby acknowledges that any dispute or claim arising out of this Yacht Charter is between the Charterer and the Owner and not with or against Cosmos Yachting. Please note that final jurisdiction will depend on the detailed provisions set out in the formal Yacht Charter Agreement which is the principal Contract between you, the client, and the Owner.
DAMAGE / SECURITY DEPOSIT
You are liable for any damage to the yacht, its equipment or third party damage. Assessment of the damage will be made and deducted from the security deposit paid at the beginning of the charter. We will take reasonable steps on your behalf to arrange for the balance of the deposit to be returned to you as soon as possible after the charter and usually within
28 days. However, should damage be caused as a result of wilful negligence by a client or as a result of not obeying the instructions of the Company’s staff, then he or she will be liable for the full amount or replacement. Adults will at all times be responsible for the actions of minors in their charge.