Terms & Conditions
Agency Terms
This Agency Agreement is made between the Company trading as YOKO Yachts, Yoko Yachts Limited (the ‘Agent’) and (the ‘Client’) who is looking to charter a Yacht through the Agent, in relation to arranging the Charter of a Yacht for use as a recreational Charter by the Client.
1. DEFINITIONS
The parties agree to the following definitions:
Agent means Yoko Yachts Limited, company registration number 09503488, registered office 167-169 Great Portland Street, fifth floor, London, England, W1W 5PF, trading as ‘Yoko Yachts’.
Charter means the period specified within the Booking Summary during which the Client has use of the Yacht. This period will be for a maximum of 8 hours, starting at 10.00 until 21.00 (during July and August) or 20.00 (during all other months). In case of overnight bookings, check the applicable conditions of the reservation.
Charter Agreement means the agreement between the Principal and the Client, and the Booking Summary.
Client means persons aged 18 years old or above who have completed a booking with the Agent.
Commencement Date means the date the Booking Summary is signed by the Client and the Agent or the date the principal receives the Initial Deposit from the Client, whichever is the earlier.
Departure Date means the first day of the booked Charter.
Initial Deposit means the initial non-refundable sum of the total quoted price payable to the Principal in respect of the Charter, as specified in the Booking Summary.
Payment Schedule means the breakdown of what is required to be paid by the Client in respect of the Charter, in the Booking Summary.
Principal means the Yacht owner, operator and/or travel providers stated in the Client’s Booking Summary.
Security Deposit means the refundable deposit left at check in on the Yacht by the Client to secure against potential damages, payable / refundable in accordance with the Charter Agreement.
Yacht means the boat type specified in the Booking Summary, which is subject to the Charter.
2. AGREEMENT
2.1 This Agency Agreement will begin on the Commencement Date and will remain in effect until the Charter is either completed or canceled, unless terminated earlier by either party as specified in this Agency Agreement. Both parties recognize and agree that the Agent is not a party to the Charter Agreement between the Principal and the Client, and that this agreement is separate from the Agency Agreement.
2.2 The primary terms and conditions outlined in the Charter Agreement will govern the Charter.
2.3 By paying the Deposit, signing the Booking Summary, or paying the Initial Deposit, the Client acknowledges having read and understood this section and agrees to the additional terms and conditions of the Principal’s Charter Agreement that may apply to the Charter.
2.4 The Client retains the right to cancel as specified in the Principal’s terms and conditions of the Charter Agreement.
3. BOOKING
3.1 After this Agency Agreement begins, the Agent will promptly provide the Client with a Booking Summary.
3.2 The Client must promptly sign the Booking Summary to confirm their intent to proceed with the booking.
3.3 The Client acknowledges that it is their responsibility to verify the accuracy of the details in the Booking Summary. If there are any errors, the Client must inform the Agent within seventy-two (24) hours of receiving the Booking Summary so that the Agent can correct and resend it.
3.4 The Agent will consider the booking confirmed once the Client sends the Initial Deposit to the Principal and completes the booking according to this Agency Agreement, thereby committing to the contract with the Principal as per the Charter Agreement.
3.5 Both the Agent and the Principal will consider the Client to have accepted the Principal’s Charter Agreement upon payment of the Initial Deposit to the Agent.
4. PAYMENT
4.1 Reservations will only be confirmed once the initial deposit has been paid to the principal.
4.2 The Client agrees that the full amount specified within the Payment Schedule must be paid and received by the Principal before the departure date.
4.2 The Agent will provide a Payment Schedule for the Client in the Booking Summary.
5. INSURANCE
5.1 Each Yacht is fully insured under a marine insurance policy by the Principal, covering loss, accidents, damage and third-party indemnity.
6. DAMAGE
6.1 If the chartered vessel becomes unusable due to damage or other reasons not caused by the Client, the Principal will either refund the amount proportional to the time the boat was unusable or provide a similar boat with comparable features.
6.2 The Client shall exercise reasonable care in handling the Yacht during the Charter.
6.3 Any damage to the Yacht or its equipment will be the responsibility of the Principal, unless the damage results from the Client’s negligence, recklessness, intentional damage, or improper use of the vessel. In such cases, the Client will be fully responsible for the repair costs.
7. CANCELLATION
7.1 The Client may cancel the booking by notifying the Agent in writing via post or email. Cancellations will be subject to the relevant cancellation clause (and any applicable fees) in the Principal’s Charter Agreement with the Client. All Charter Booking cancellations must be communicated in writing via email to [email protected].
7.2 If the Principal cancels the Charter, the Agent will make reasonable efforts to find an acceptable replacement charter for the Client or provide a refund according to the following terms: 7.2.1 For cancellations made 30 days or more before the Departure Date, the Client will receive a full refund (100% of the Charter cost). 7.2.2 For cancellations made 15 days or less before the Departure Date, the Client will receive a 50% refund of the Charter cost. 7.2.3 If the Client fails to attend the Charter on the Departure Date, no refund will be issued.
7.3 The Principal and Agent reserve the right to cancel the reservation if the weather conditions are deemed unsafe for navigation.
7.4 If, due to breakdowns or other reasons beyond the Principal’s control, the Charter boat cannot be provided before the Charter date, the Client may be offered a boat with equal or similar characteristics. If this is not possible, the Principal may offer a lower category vessel (with a proportional refund of the rental price difference) or refund the amount proportional to the time the boat was unusable.
8. CHANGES
8.1 Once a booking is confirmed, the Agent will attempt to accommodate any reasonable alterations requested by the Client. Any change will always be subject to availability of and cooperation from the Principal.
8.2 Major alterations such as change of date, or Yacht type will be treated as a cancellation and re-booking and may result in an increase or decrease of the Charter price.
8.3 Any administration charge charged by the Principal will be passed on to the Client.
9. CONDITIONS OF USE
9.1 The Client assumes responsibility for all actions of individuals listed on the passenger list, ensuring that the vessel’s maximum capacity is never exceeded. Should children accompany the Client, the Client bears sole responsibility for their safety and behavior.
9.2 The use of the boat for the transportation of goods or passengers beyond those specified in the booking summary, as well as the shipment of weapons, narcotics, or any hazardous substances, is strictly prohibited.
9.3 The Client agrees to utilize the boat exclusively for tourism or recreational purposes, thereby refraining from engaging in commercial activities, professional fishing, transportation, or competitions.
9.4 During the Charter Period, the Client holds sole responsibility for the vessel, obligating themselves to operate it responsibly in compliance with relevant authorities’ regulations. The Client bears full responsibility for any consequences resulting from non-compliance.
9.5 If, at the Principal’s discretion, the Client or the designated Skipper is deemed incompetent to operate the Yacht, the Principal reserves the right to require the Client to engage a skipper designated by the Principal at the Client’s expense. Alternatively, the Principal may refuse to Charter the Yacht to the Client and cancel the booking in accordance with the terms of the Charter Agreement.
10. AGENT’S RESPONSIBILITY
10.1 The Agent will exercise reasonable Due Diligence to ensure that any Charter booked by the Client is provided as per the Charter Agreement and as anticipated in this Agency Agreement. The Agent assumes responsibility for any loss or damages directly caused to the Client due to the negligence or default of the Agent or any persons directly employed by the Agent. However, the Agent bears no responsibility regarding the Principal and/or its obligations to the Client under the Charter Agreement.
10.2 The provision of Charter involves independent parties who are not employed by or under the direct control of the Agent.
10.3 The Agent disclaims any responsibility for the conduct, behavior, or actions of these independent parties.
10.4 The Client acknowledges and agrees that the Agent will not be liable for any loss or damage, including inconvenience or disruptions, caused by the acts or defaults of independent parties, or by force majeure events such as war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, adverse weather conditions, or similar events beyond the Agent’s control.
10.5 In any case, the Agent’s total liability under the Agency Agreement will be limited to the total amount paid by the Client to the Agent as stated in the Booking Summary. The Agent will not be liable for any losses incurred by the Client in connection with the Charter, including but not limited to loss of use, direct, indirect, or consequential losses, loss of profit, loss of reputation, and all related interest, penalties, and legal costs.
11. ENTIRE AGREEMENT
11.1 This Agency Agreement and the Booking Summary constitute the entire agreement and only agreement between the parties and supersedes all previous agreements between the parties regarding the subject matter of this Agency Agreement and Booking Summary and this Agency Agreement specifically excludes any terms agreed between the Client and the Principal under the Charter Agreement.
11.2 Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as is expressly set out in this Agency Agreement and/or the Booking Summary.
11.3 Each party acknowledges and agrees that the only remedy available to it for breach of this Agency Agreement shall be for breach of contract under the terms of this Agency Agreement.
11.4 Nothing in this paragraph shall limit or exclude liability for fraud.
12. THIRD PARTY RIGHTS
12.1 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agency Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it. The Principal in the Booking Summary is not party to this Agency Agreement and shall have no rights or remedies under it.
13. LAWS
13.1 This Agency Agreement relating to how we operate as the Agent is subject to the laws of England and Wales.