These Terms and Conditions apply for use and bookings made on the Anuras Charter Agency website. By use of anurascharteragency.com the Charterer agrees with the Terms and Conditions as below.
Agent: Anuras Charter Agency
Charter: Charter company/ Boat owner
Charterer: user or renter using Anuras Charter Agency’s services
Anuras Charter Agency; acts as an agent and facilitates the use of the MMK Search Engine on its website and effectuates a lease between Charterer and Charter company. Anuras Charter Agency does not act as a tour operator or Charter company but advises, informs and mediates in the formation of a lease between the Charterer on the one hand and the Charter company on the other. Reservations via Anuras are not considered package holidays under Directive 90/314/EEC. No conditions other than the conditions attached and provided by the Charter company shall apply to the charter agreement. These can be forwarded to the Charterer for confirmation of the reservation. Please note that the conditions in this disclaimer are different and separate from the charter agreement conditions. This relevant information will be sent upon reservation or on request.
Use of the website
The user may use our website to search for information for destinations, consult the search engine to find a suitable sailing or motor yacht, use the search engine for options and/or reservations. A copy may be made of the results of the search engine for its own use, with the aim of a later reservation. Using the search/reservation form is without any obligation to the client. This is only after explicit confirmation from Anuras..
The user acknowledges that he/she is legally old enough to use our website and to enter binding legal obligations for liability that may arise as a result of the use of this site. The user understands that he/she is financially responsible for the reservation made through the search engine.
What is not allowed; the user is not allowed to make copies of the information on our website for commercial purposes. No copyright, trademarks, tags, water marks and intellectual property notes may be removed from the original material of the website. The content on our website should not be copied, distributed (printed copies), manipulated or changed. The website should not be abused for speculative, wrong or fraudulent purposes. The website consists of photos, texts, presentations and software covered by our copyright and other mental and intellectual property law managed exclusively by Anuras Charter Agency. Our website also contains several trademarks of our partners who are made available exclusively to us for use. These photos, trademarks, tags, watermarks and other material should not be copied or otherwise taken over for unlawful use.
By using our website, the user recognizes our rights regarding the material on our website. We can change all or part of the conditions at any time. By browsing our website, the user accepts that he is bound by the terms, conditions and disclaimer of that moment. The user is therefore doing well to check it regularly for use of our website
Useful information for booking
Whoever makes the reservation accepts the booking conditions on behalf of all other passengers of the tour group. Regardless of the number of passengers, we will only contact the booker/Charterer in all subsequent correspondence. The Charterer shall be responsible for the accuracy of the personal and/or other information provided with respect to himself and other(s) and for passing on all necessary information about the booking or the changes made to all fellow passengers.
Chartering a sail/motor yacht requires a skipper to have a sailing license and in some cases a radio permit. The Charterer or someone else of the crew must therefore inform himself as skipper about the validity of his licenses. Not in possession of the correct sailing license does not validate as a reason to cancel the reservation. For some destinations and/or sailing yachts, the Charter company will also ask for the skipper’s experience. if it is determined that, when the charterer and crew is embarked, the Charterer/skipper does not have the necessary or sufficient experience, the Charter company may refuse to let the yacht leave with this crew. Charterer can make arrangement with Charter company to book their own skipper for a short period or the entire charter period at cost of the charterer.
The Charterer and his crew must check the necessary travel documents in advance and, if necessary, put in order. Especially for the far away destinations, it is best to check the necessary visas, mandatory vaccinations and passports. Anuras can provide basic information on this, yet Charterer and crew must check the exact requirements for the destination chosen by Charterer and travel date before confirmation of the reservation. The absence or not having the required travel documents after confirmation, advance and/or balance of the reservation cannot be a reason to cancel and does not entitle reimbursement of the charter payment. Personal insurance or travel insurance for the crew must be arranged by the Charterer and crew themselves.
The user/Charterer can find an available yacht in different ways. By using the search engine on the website, or by phone, by e-mail, or via our Facebook/Instagram page with help from our agent. After a non-committal detailed quote, the user/Charterer can take an option on the yacht of its choice. This gives time to provide the payment. After confirming the option in a booking, a charter agreement will be sent with the payment modalities. Upon receipt of the advance, the reservation will be confirmed. Depending on the Charter company, the advance is 30% or 50%. The balance must be complied with at the last 6 weeks before departure. We do not charge administrative fees on reservation, only in case of changes we reserve the right to charge a minimum cost of 15€ per change.
If Charterer wants to cancel the charter agreement, he must inform Anuras as soon as possible. In the event of cancellation, the Charter company will cooperate with Anuras to find a new Charterer. The Charter company may, if successful, charge 10% of the agreed price with a minimum of €150 to the first Charterer. If the yacht cannot be re-chartered or can only be partially re-chartered, the Charterer shall remain fully or proportionately obligated to fulfill the outstanding payment. Anuras will charge €100 for administration fees. The charter period indicated on the charter agreement can only be amended after a written request to Anuras and the Charter company. The advance paid is not refundable even if the Charterer decides to cancel the reservation.
If the Charter company fails to fulfil his obligations, the Charterer may consider the agreement to be dissolved without the intervention of the court; the Charter company will then immediately repay all amounts already paid. The above does not apply as a reasonable alternative for both parties can be offered at a non-higher price. If the yacht delivered is unable to sail due to a lack of an essential safety element and if the Charter company is unable to supply an equivalent or superior yacht, within a reasonable period of time following the time of embarkation as stated on the lease, the Charterer may annul the agreement with restitution of the sums paid, without further or moral damages. Anuras cannot be held responsible in this and is therefore not obliged to carry out the refund. Only refund of the Charter company will be carried out by Anuras if not direct payment goes to charterer.
Upon receipt of each payment, the Charterer receives confirmation by email from Anuras. After receiving the final payment, Charterer receives a boarding pass in Dutch and English before departure, a document with contact details from the Charter company and an overview of the documents yet to be delivered. These copies must be delivered by e-mail to Anuras at the last 6 weeks before departure. The late forwarding of the requested data and documents may cause delays in boarding.
Options, additional services, airport marina transfers and tourist tax must be paid at the marina under the terms of the Charter company unless otherwise stated. All costs for keeping and sailing with the charter such as port fees, berth expenses, fuel are on behalf of the Charterer.
On Insurance and deposit
The Charter company insures the yacht for the Charterer against casco damage and theft. The insurance policy does not insure the people on board. The insurance has an excess per damage case that is at cost by the Charterer. This is the deposit and, unless otherwise indicated by Charter company, is regulated on site for embarkation. This can be cash or blocked on AMEX, Mastercard or Visa. There is also the possibility to reduce its own risk through a ‘Yacht Damage Waiver’. The YDW means that the Charterer pays a fixed amount and only provides reduced deposit on site. The costs for this YDW and the reduced deposit will be disclosed during the booking process, this will be paid in advance with the booking or at the base pre boarding depending on the conditions of the Charter company. This information can be requested for confirmation of the reservation. After disembarkation and check out of the chartered yacht by Charter company, the deposit will be returned or unblocked in consultation with the Charterer, after deducting any costs. If the deposit is refused by insufficient fonds on a credit card, the Charter company reserves the right to cancel the booking, without further liability and without any right to refund and Charterer has no right to proceed with the charter.
The responsibility and liability of the Charterer during the charter period
It is very important that the Charterer takes sufficient time when boarding do a thorough check of the chartered yacht. The Charter company will hand over an inventory list that you need to thoroughly fill out. All the damage and/or defects noticed, small or large, should be indicated accordingly. What is not listed on this document before departure falls on return to the Charterer’s expense. Checking everything is so the message; this prevents discussions after charter.
If the Charterer determines a defect or damage during the rental period, this must be passed on immediately to the Charter company. This is on the one hand to send immediate assistance if necessary or to give the Charter company the opportunity to arrange any changes for repair during or after the rental period. The Charterer may in no way have a repair carried out without first contact with the Charter company. Only with the agreement of the Charter company can the repair be carried out and if paid by Charterer this will be paid in consultation by Charter company upon disembarkation. The Charterer would do well to have such an agreement confirmed via text message. Charterer can also contact Anuras at all times to mediate and have them confirmed by email.
The Charterer/skipper is not only responsible for the use of the chartered yacht while sailing but also for everything that happens in, on and around the yacht. So, follow the guidelines at check-in well and share this with the rest of the crew. In the event that a fellow crewmember causes damage or loss of chartered yacht (in any way), or damages or loss of property of a third party, the Charterer is liable for the damage seen in the deposit paid by Charterer. However, if a Charterer or a member of the crew causes damage or loss of chartered yacht, additional, or property belonging to a third party and such damage or loss is the result of gross negligence or reckless conduct, the Charterer will be liable for the full amount of loss suffered the right to a claim against Charterer will in no way be limited or purchased by the deposit or YDW. Acts considered gross negligence and/or reckless conduct, including but not limited to, travelling outside the defined sailing areas, sailing under the influence of alcohol or drugs, not having enough crew to control the yacht at all times.
The regulations and laws of the local authorities should also be taken into advice. The skipper/Charterer must be able to submit the requested documents at all times at the request of these authorities, including properly completed crew list, and sailing licenses. The Charter company provides all legal documents from the chartered yacht on board.
When the chartered yacht is returned, it is important for the Charterer to provide sufficient time for this and to make good agreements with the Charter company. The Charterer provides a well-completed log and faithfully mentions any damage to the yacht. After agreement, the deposit or reduced deposit will be refunded or unblocked by the Charter company. Make sure that the time required for the checkout of chartered yacht is an integral part of the charter period.
In the case of complaints
If Charterer has complaints about the Charter company, they must submit this in writing to the Charterer concerned in English immediately and at the latest within the fortnight of the complaint has arisen and send copy to Anuras. Charterer can also contact Anuras if not satisfied with the action taken or offered on site. As an intermediary, Anuras will do their utmost to obtain solutions to the complaint. The Charterer will forward a detailed report to Anuras after telephone consultations via mail or messenger. However, we are not responsible for the solution or rejection offered by the Charter company.
By filling out our Data Access application form, the Charterer/user is entitled to a copy of the information we have about Charterer. This can be requested and if necessary, Charterer can improve inaccuracies.
The user/Charterer has the right to ask in writing not to receive direct marketing material from Anuras. If available, Charterer/user can change the previous preferred settings on our website or use our “unsubscribe email” and unsubscribe for personalized mailings. When we are duly informed by user/Charterer we will take measures and not use this data in this way.
In the event of any disputes, Belgian law applies and falls under the jurisdiction of the Antwerp judicial district – Antwerp Department of Antwerp, Belgium
When questions about our terms and conditions, we can be contacted:
Anuras Charter Agency, Krekelberg 35 – 2940 Stabroek, Belgium