TERMS and CONDITIONS
Sailing the World, LLC, operating under the name Florida Yachts Charters is a yacht charter company offering sailing yachts, catamarans and powerboats for bareboat cruising and crewed charters. FYC is an ASA certified sailing school and offers a range of ASA instruction courses. We are based in Key West, Florida.
Charter Booking Service
These pages, their content and infrastructure, and the online reservation services provided on these pages and through the website (the “service”) are owned, operated and provided by Sailing the World, LLC, aka Florida Yachts Charters (hereinafter: FYC, Operator, Charter Company, CC etc.) are provided only for your personal, non-commercial use and are subject to the terms and conditions specified below.
Our services are made available for personal and non-commercial use only. You are not allowed to re-sell, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
FYC requires a 50% deposit of the total booking price within a week from booking confirmation. The balance of the booking fee is due 45 days before the sailing, or as specified in your individual invoice. The exact timeframe will be stated in your charter agreement and invoice and can also be reviewed from your customer secure zone in SEDNA, our third party booking system.
Charter fees, including deposits, waivers & extras can be paid through bank wire transfer, check or by means of secure on line payment. Online payments with debit or credit card are securely processed through a third-party payment processor. For the purpose of paying for charters, security deposits, or events, we work exclusively with third party providers SEDNA and Heartland. Both are fully GDPR and CalOPPA compliant, SQL encrypted and house their servers in SOC 2, Type II audited US date centers.
After completing the online booking process, you will receive the following documents on the provided e-mail address:
- Booking Contract
- Sailing Resume
- Float Plan
- Emergency Contacts
The signed Booking Contract must be e-mailed or uploaded to the SEDNA secure customer site 3 days after completion of the booking process. Your reservation is not considered confirmed until FYC has received the signed Booking Contract, the 50% Deposit, the Sailing Resume and the Float Plan.
Further details are specified in our Charter Agreement as outlined below.
This agreement is made between, CHARTERER and Sailing the World, LLC, (aka Florida Yachts Charters)
the Charter Company hereinafter referred to as CC.
A deposit of fifty percent (50%) of the charter fee is due upon the signing of the yacht charter agreement (contract).
Final portion, fifty percent (50%) of the charter payment is due forty-five (45) days prior to the commencement of the charter.
1. Status of the Parties. The Owner of the charter yacht certifies that he/she has full authority and the right to appoint a representative of CC to act as his/her representative in all matters relating to this agreement and that he/she has granted CC power of attorney to sign this Agreement and perform any and all related services concerning this agreement on his/her behalf. The parties agree however that this Agreement is between the Charterer and the Owner of the charter yacht and any disputes or claims that may arise regarding this Agreement shall be limited to the Charterer and the Owner.
2. Competence. Charterer certifies that he/she is competent to operate a yacht of similar size and make, having sufficient knowledge of seamanship, piloting and Rules of the Road unless a qualified captain has been hired from CC for the term of the charter. Charterer shall not delegate his/her duties to any person not similarly qualified. 3. Delivery. The Owner agrees to deliver the yacht fully commissioned and in proper working order, outfitted as a yacht of her size, type, and accommodations should be, with full equipment inclusive of that required by law and fully furnished per an inventory listing available upon request. The yacht should be seaworthy, clean, in good condition throughout, and ready for service. Should it be impossible for the Owner to make delivery as stipulated through causes beyond his or her control, and should such delivery not be made within twenty-four hours thereafter, and should CC be unable to provide a comparable yacht, then this Agreement may be canceled by the Charterer and any money paid in advance shall be returned to him or her in full. This is the sole recourse in this event and the parties agree that no other recourse or reimbursements are due should said delivery not be possible. The Charterer certifies that he/she, or his/her qualified agent will examine the yacht before departure and will be satisfied that the yacht is seaworthy, and properly outfitted for a yacht of her size and accommodations. A detailed inventory of equipment and supplies will be furnished by the Owner to the Charterer at the time of delivery, and the Charterer agrees and acknowledges by acceptance of delivery that such inventory is correct and that he/she has inspected the yacht and has found no missing equipment or defects which were ascertainable by due diligence. Any missing equipment shall be noted on the inventory sheet and the adjusted list shall be presented to CC prior to leaving the dock. If an inventory list with adjustments is not presented to CC then it shall be assumed that all of the standard inventory items per the inventory list are aboard.
4. Insurance. The yacht is fully insured under a standard yacht policy subject to deductible, normally 4% of the insured value, against fire, marine and collision risks and with protection and indemnification for any and all loss or damage up to at least $1,000,000 that may occur to or be caused by the yacht during the charter period. In case of any accident or disaster, the Charterer shall give CC prompt notice (within 4 hours of any incident) and cooperate fully with the Owner and insurer with regard to any loss and in full compliance with any and all U.S. Coast Guard (and other authorities if applicable) incidence reporting requirements. Failure to give prompt notice shall cause charterer to become liable for the entire claim without assistance of insurance. Governmental regulations generally require prompt notice for incidents involving pollution, damage to the environment and running aground. Should a loss occur through the negligent or willful act of the Charterer, , the Charterer remains liable for the full amount of the loss. The Charterer is liable for the full amount of the deductible shown in this Agreement, toward which the security deposit will be applied and the charterer agrees to pay damages in excess of said security deposit up to the deductible, except as otherwise provided in the Agreement, within fourteen days of notification. Charterer agrees to release, indemnify, hold harmless, and defend Owner and CC from any and all liabilities and claims for personal injury, death, property loss and any damages whatsoever, whether such claims be brought by the charterer and its agents, employees, family, guests, invitees, or by third parties, even if such claim is based upon ordinary negligence of the Owner or CC, except as such liabilities and claims are covered by the yacht’s insurance. Nothing contained in this agreement shall obligate the Owner or CC to make a claim under the standard yacht policy as such decision shall be at CC or Owner’s discretion. Such election by Owner or CC shall not affect the terms of this agreement.
5. Accidents. The Charterer bears the risk of any loss or suit resulting from his/her act or default. The Owner agrees that should the yacht after delivery, sustain a breakdown of machinery, or be disabled or damaged by fire, grounding, collision, or other cause so as to prevent the use of the vessel by the Charterer for a period of not less than twenty-four hours at a time, the same not being brought about by an act or default of the Charterer, the Owner shall make a pro rata credit to the Charterer (excluding insurance and trip cancelation fees) for such period in excess of said twenty-four hours the yacht shall be disabled or unfit for use which shall be the sole remedy of charterer. For purposes of calculating such a credit the use of the vessel for sleeping accommodations shall be considered to earn 80% of the daily charter rate. The remaining 20% of the daily charter rate shall be allocated fairly among the following at the sole discretion of the CC for breakdown of other equipment including but not limited to the generator, air conditioning, dinghy, outboard, electronics, auto helm, inverter, showers, heads, galley equipment and supplies, etc. This credit is determined solely by CC.
6. Skin-diving/Swimming/Racing/Water Sports. The Owner and the insurance underwriters of the yacht accept no responsibility or liability for accidents, injuries or death from these or related activities whether or not equipment for these uses is provided aboard the yacht. Charterer agrees to release, indemnify, hold harmless and defend the Owner and CC for any and all such incidents.
7. Security Deposit/Yacht Damage Waiver. The Charterer is required to leave a certified check as a refundable security deposit for 4% of the hull value as or pay $50/day to reduce the deductible to $2,000 for single engine vessels and $4,000 for twin engine vessels. The security deposit will be refunded in full, less the cost of cleaning, repair or replacement of any lost or damaged items, or other charges made under this Agreement. It is further understood that the Charterer remains liable for the full amount of the insurance deductible in the event of an incident deemed by CC, at its sole discretion, to be the result of the Charterer’s negligence or breach of contract by the charterer or any member of his party, and agrees to pay for damage in excess of the stipulated security fee/deposit paid up to any amount not covered by insurance upon demand within fourteen days of notification. This amount shall be applied to the insurance deductible, the repair of any damage or loss, including marina fees caused by the Charterer and not covered by the Owner’s insurance or other charges not covered by insurance. In the event that said damages cause the postponement or cancellation of any scheduled subsequent charters, the Charterer agrees to compensate CC for all lost revenues during the time that said vessel is under repairs. Should said costs exceed the amount of the fee/deposit then the Charterer is fully responsible for said loss without exception. Said deposit or balance of deposit shall be refunded after termination of the charter. If there is a loss or other dispute, the deposit shall be held by CC until the dispute is resolved and then will be distributed according to the settlement between the parties involved. The charterer hereby acknowledges that he or she is 100% responsible for any costs of damage or repair not previously noted at the time of checkout during the period of time of the bareboat charter agreement (or a reasonable extension in the case of the damage not being immediately revealed at the time of check in—the same as if he or she were the owner during this time).
8. Running Expenses. The Charterer agrees to accept the yacht delivered as herein provided and to pay all running expenses during the term of the charter. These include, but are not limited to, fuel, water, deck, engine and other consumable stores, piloting, port charges, towing, pump out charges, and provisions/supplies for the Charterer and guests.
9. Bareboat Charter. This charter shall be at all times construed as a bareboat charter and pursuant thereto, the Charterer shall keep the yacht in good repair and will surrender the yacht at the termination of the charter free and clear of all indebtedness, liens or other charges of any type whatsoever. Further it is agreed and understood that the Charterer assumes all responsibility for injury, death, property damage or other claim of any nature that may arise during the period of the charter or at any time when the vessel is in the custody and under the control of the Charterer, except for claims covered by insurance as per Sections 4 and 7. The Charterer further agrees to indemnify the Owner and CC against any claims that may arise as aforementioned. The Charterer has full authority and responsibility regarding the operation of the yacht for the term of the charter. The Charterer is to be responsible for the safe navigation of the yacht and is to be full judge on whether it is reasonable or prudent to sail at any given time having regard to the state of weather and the surrounding circumstances.
10. Liens/Repairs. The Charterer agrees to be responsible for, and to replace or make good, any injury to the yacht, her equipment, or furnishings, caused by himself or herself, or his/her guests, and agrees to be responsible for any loss or damage to the hull, machinery, equipment, tackle, furniture, or the like caused during the term of the charter except as may be covered by insurance or Yacht Damage Waiver for the yacht. The Charterer, his/her agent and employees have no right or power to permit or suffer the creation of any maritime liens against the yacht, with the exception of crew wages and salvage. The Charterer agrees to indemnify the Owner and CC for any charges or losses in connections therewith, including reasonable attorney’s fees for any period of time up until they are discovered. It is hereby agreed that this liability may extend beyond the termination of this Agreement. The Charterer is fully responsible for the consequence of any unauthorized repairs.
11. Restricted Use. The Charterer agrees to restrict his/her cruising area to the Navigation Limits below, and not to extend the charter beyond those limits. The Charterer agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself/herself and his/her guests, during the term of the charter, and shall not transport merchandise, nor carry passengers for pay, nor engage in any trade, nor in any way violate the laws of the United States, or any other government within whose jurisdiction the yacht may be at any time, and shall comply with the law in all other respects. The yacht is to be at anchor, mooring, or dock one hour prior to sunset and until one hour after sunrise. Night sailing is prohibited. Charterer is required to submit a projected float plan to CC prior to departure and to notify CC during the period of charter of significant departure from this submitted float plan. Federal, State, and foreign laws prohibit the transport or possession of any illegal drugs or other contraband, illegal aliens or products restricted or forbidden by law. In addition to criminal and civil penalties against violators, laws allow for the forfeiture of any vessel which is used in illegal transport or possession. Charterer agrees to pay all damages, fines, and penalties arising from any criminal and civil violations of any law including but not limited to legal fees and expenses required for the recovery of the yacht, its equipment, and lost profits.
Navigation Limits: The Charterer agrees to operate the Yacht only within the following navigation limits, unless prior written consent from the Charter Manager has been obtained, subject to additional terms and conditions required. The charter manager reserves the right to add an additional $500 to the damage security deposit. (Please initial next to each clause). __X__A) FLORIDA EAST COAST AND WEST COAST: Charterer agrees to restrict the cruising of the Yacht to the coastal and inland waters of the State of Florida between the geographic points of West Palm Beach to the North and Naples on the West coast, including the waters of the Florida Keys and Dry Tortugas, and the portion of the Atlantic Ocean lying between the east Coast of Florida and the Islands of Bimini and Grand Bahama; north of the Tropic of Cancer. Gulf Stream crossings and Dry Tortugas trips are subject to fair weather conditions and prior approval of the float plan by the Charter Manager. _____B) ABACO, BAHAMAS: Charterer agrees to restrict the cruising of the Yacht from March Harbour into Abaco Sound between Little Harbour to the South and Green Turtle Cay to the North. Extended Bahamas cruising is subject to prior written approval from the Charter Manager, under additional terms and conditions and subject to fair weather. _____C) NIGHT CRUISING: Charterer agrees to not travel at night except for Gulf Stream crossings to make a daylight landfall. Otherwise, Charterer is restricted to cruising only during daylight hours. NOTE: If, for any reason, the Charterer operates the Yacht beyond the navigational limits set forth above, without the Charter Managers prior written consent, then Charterer shall be liable for all loss and damages to the Yacht and all liabilities incurred, which may not be covered by the yachts insurance. Further, all sums paid or deposited to the Charter Manager, including security deposits, shall be forfeited to the Charter Manager as damages but without waiver of the right by Owner and Charter Manager to claim additional damages.
12. Charterer’s Authority over Crew. It is mutually agreed that full authority regarding the operation and management of the yacht is hereby transferred to the Charterer. In the event, however, that the Charterer wishes to utilize the services of a captain furnished by the Owner, CC, or by the Charterer, it is agreed that said captain and/or crewmembers are agents and employees of the Charterer and not the Owner or CC. The captain shall receive orders from the charterer as to ports to be called into and the general course of the voyage, but the captain shall be responsible for the safe navigation of the vessel, and the true Charterer shall abide by his judgment as to sailing, weather, anchorages, and related pertinent matters.
13. Non-Assignments. The Charterer agrees not to assign this Agreement or sub-charter the yacht without the consent of CC in writing.
14. 15. Pets/Passengers/Zero Tolerance. The parties agree that no pets are permitted aboard the vessel at any time, that the number of passengers sleeping aboard shall not exceed the number of berths, and that no illegal substances of any type or quantity are permitted aboard the yacht at any time.
16. Weather. The Owner and CC assume no responsibility for weather conditions that may arise or occur during the term of this Agreement and all rates and agreements shall continue in full force and effect. While weather conditions shall not offer any exceptions to delivery or redelivery of the yacht, it is the Charterer’s responsibility to follow safe practices regarding cruising in adverse weather and accept any penalties that may occur as a result of a decision not to travel during inclement weather. In the event redelivery is delayed due to adverse weather, CC will make every effort to assist the Charterer at the Charterer’s sole risk and expense, and CC advises the Charterer to call LGC, or other appropriate aid for such assistance should he/she deem it prudent.
17. Redelivery. The Charterer agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness at the expiration of the charter to the Owner at the point of original delivery, or such other location as agreed in writing. The yacht shall be in as clean a state and in as good a condition as when delivery was taken, except for ordinary wear and tear. Should it be impossible for the Charterer to make redelivery of the yacht as stipulated, he or she shall pay pro rata to the Owner for the time that such redelivery is delayed (based on the published daily charge of CC or the weekly rate +15% - whichever is applicable as determined by CC) plus damages for loss of other charters or inability of the Owner to use the boat. The Charterer agrees to indemnify and save the Owner, his or her administrators, representatives or assignees harmless for any and all liabilities for loss, damage, personal injury or death to third persons, occasioned by negligence or default of the Charterer. In the case of any accident or disaster, the Charterer shall give the Owner or CC prompt notice of the same and make a detailed written report to the Owner within forty-eight hours of the accident. It is agreed by the Charterer that if the said yacht is not returned to CC by the specified check-in time the Charterer shall be charged at the rate of $100 per hour or any increment thereof. It is further agreed by the Charterer that if the said yacht is not returned to CC with a full fuel tank, an empty holding tank or in as clean a condition as it was received, the Charterer shall be charged $200 plus the actual cost to refuel, pump out, and clean the boat. It is further agreed by the Charterer that if she/he fails to pump the holding tank and maintain it properly (i.e., improper use and disposal of items other than supplied toilet tissue), and /or pump the tank and consequently it overflows into the compartments in which it is located, the charterer shall be charged a minimum fee of $500 to clear blockage and/or clean up the over-flow.
18. Defaults/Security Deposit Deductions. It is hereby agreed between the parties that: (a) if the Charterer is not present or is not ready to accept delivery of the yacht for whatever reason at the time specified in this Agreement, or should the Charterer have not paid the charter fee or security deposit or any part of either by the date designed or 45 days prior to the charter, or (b) if the Charterer unilaterally shortens the time the charter period, or (c) if the Charterer breaches any term or condition contained herein, then the owner or CC shall have the right to take possession of the yacht, terminate the charter, and retain all monies paid to the Owner without prejudice. All cancellations by the Charterer must be given to CC in writing. Cancellations are subject to the following charges, are non-refundable and will not be held as credit towards future charters:
· For cancellations more than 45 days prior to the charter start date: $500.00
· For cancellations 45 days or less, the entire invoice amount shall be non–refundable
19. Damaged or Lost Equipment or Damage to the Yacht. CC personnel shall make a reasonable inspection of the yacht at the end of the charter, and shall ask the charterer if any undiscovered damage or loss has occurred. If the charterer answers negatively, but such damage or loss is subsequently determined and reasonably deduced to have occurred during the charter, then the charterer shall be held liable the same as if the damage had been discovered upon redelivery.
20. Disputes Settled by Binding Arbitration. In the event of any dispute, controversy or claim regarding this Agreement, any action taken, or claim made, shall be resolved through binding arbitration according to the rules of the Miami Maritime Arbitration Council. The arbitral award shall be final and enforceable in any court having jurisdiction. The Charterer agrees that its damages for any breach of this agreement by the Owner or CC shall be limited to the amount of the charter hire paid by the Charterer and Owner and CC shall not be liable for consequential or incidental damages. Arbitrators are bound to adhere to this agreement. Charterer acknowledges that the CC is acting as the Owner’s agent for all purposes under this Agreement. Should either party to this Agreement violate any provisions of this agreement, or in any proceedings to enforce the terms of this agreement, the prevailing party shall be entitled to recover from the other all legal fees and costs that may be incurred, including any fees and costs associated with arbitration, and any action involved in the enforcement of the arbitration decision. The venue for the arbitration action shall be determined by CC in its sole discretion.
21. Severability. If any provision of this agreement shall be construed as void, then the remainder of the agreement shall not be affected thereby.
22. Entire Agreement. This agreement and any attachments shall constitute the entire Agreement between CC and the Charterer, including but not limited to their heirs, executors, administrators, or assignees. This agreement supersedes all prior discussions, agreements and understandings of any nature between CC and the Charterer and may not be changed or modified or added to, or as may be set forth in a subsequent written addendum signed by both parties. The parties agree and expressly stipulate that this Agreement shall survive the termination of any completed charter, and shall not be merged in or otherwise affected by the subsequent agreements with other parties except as expressly stated herein.
Charter Booking Service
Sailing the World, LLC, aka Florida Yachts Charters (hereinafter: FYC, Operator, Charter Company, CC etc.) may on occasion provide on line booking and payment services in connection with special events organized by the company, such as Rallies, Boat Shows and the like. In all such instances the payment and refund policies will be clearly indicated for each event.
All fees for such events can be paid through wire transfer, check or by means of secure online payment. Online payments with debit or credit card are securely processed through third party providers SEDNA and Heartland. Both are fully GDPR and CalOPPA compliant, SQL encrypted and house their servers in SOC 2, Type II audited US date centers.
Florida Yachts Charters
6003 Peninsular Avenue
Key West FL 33040