THE NEW CRUISE CONTRACT
CASTLEMAIN is pleased to announce its affiliation to the Register of Travel Operators, under licence N° IM006170009.
This status authorizes us to use the NEW CRUISE CONTRACT which allows our customer, under certain conditions (*), to benefit not only from VAT exemption on the cruise that we will have arranged for them, but with fully duty free fuel for any yacht under commercial status that the client has chosen, for which ever itinerary he will have chosen.
(*) Do not hesitate to contact us for any information about the new Cruising Contract which exists in french and in english.
THE PREVIOUS M.Y.B.A CONTRACT AND M.Y.B.A. CONDITIONS
CASTLEMAIN can always choose to continue using the MYBA contract, approved by the Mediterranean Yacht Broker association to which CASTLEMAIN is affiliated since creation of MYBA.
However, since 1st October 2016, the MYBA contract does not allow any longer VAT exemption on the cruising fee and duty free Fuel for commercial yachts cruising in EC waters.
In order to budget your charter correctly let us also guide you on the terms under which the charter operates :
In the West Mediterranean seas, you will find most of them are on W.M.T. ( West Med Terms ). However, in other parts of the world, a number of yachts will offer charter fee partly inclusive of some running expenses E.M.T. ( East Med Terms ) or wholly inclusive such as C.T. ( Caribbean Terms ).
EXPLANATION W.M.T. ( WEST MED TERMS ) on M.Y.B.A. standards
The charter fee includes :
- The charter of the yacht will its equipment in working order, tools, stores, cleaning materials and basic consumable stores for engine room, deck and cabins…
- The insurance of the yacht for marine risk and thrill part claims.
- The crew wages, their food and employer’s liability insurance.
- The MYBA WMT conditions also include crew food and basic idems such as what you will find in hotels such as beds linen, soap and cleaning products, in galleys: cooking spices, etc… all basic products that corresponds to the yacht’s standards.
The charterer will be charged extra ( at cost to the yacht for all other expenses such as ):
- All Food and drinks for the charterers meals.
- Fuel for the yacht, the ski boats and other tenders.
- Berthing fees/pilot fees other than the yacht’s owner’s berth, shore supply water and electricity.
- Guests laundry.
- Locals taxes, VAT, TVA, IVA ( if applicable ). Europeen Community laws now requires that all yachts operating in their waters to collect V.A.T. on all charters at rates between 15 and 20 % depending on which country.
- Any special equipment or other consumable stores placed on board on charterer’s request.
- Some yachts however operates on semi-commercial registry and may not require to collect this tax. However there are various interpretation from country to country and you will need to check with us for up-to dates information regarding some specific yachts you are enquiring on.
STANDARD W.M.T. non M.Y.B.A.
The only exception is that the crew food and the yacht’s laundry may be charged extra.
EXPLANATION EAST MED TERMS ( E.M.T. )
This rate includes up to 5 hours fuel per day, crew food, berthing fees, water and electricity.
EXPLANATION CARRIBEAN TERMS ( C.T. )
This rate includes all food and drinks included wines and alcools (except special vintage wines and champagns), all fuel and berthing fees.
NOTEin case of E.M.T. and C.T, additionals can be paid by charterer on board before leaving in cash. Generally, all accounts must be settled before disembarkation.
VAT ( if applicable ), TVA or IVA
As legislation vary constantly, we will inform you on the very specific situation of each yacht depending on its registration, status and on the cruising areas.
HOW TO BOOK YOUR YACHT
Once you have selected a yacht, locations and ports, we will prepare and send you a standard format agreement (in most case the M.Y.B.A. WMT charter agreement) detailing the yacht, your chosen dates, cruising area and costs.
Upon signing the agreement, the first payment, normally 50 % is due on the stake-holders (neutral) account shown on the agreement. Until such dates, an option will be given to you on your dates. It is stressed that firm confirmation of your booking will only be effective upon receipt of the first deposit and your signed agreement which we will forward to the owners for countersignature and a completed copy returned to you for your files.
28 days prior the start, the balance is normally due together with the advance provisioning allowance (APA) plus any taxes, delivery/redelivery fees, security deposits if required.
A.P.A. ( Advance Provisionning Allowance )
We will also send you a detailed preferential sheet requesting information on your travel arrangements, guests list, likes or dislikes in terms of food or activities, special requirements or booking that need to be done in advance etc … This information will be sent to the captain in order that he pre-book any berths, order the right provisions and arrange the chef and crew to prepare any special event such as birthday or other such celebration.
The APA will be immediately sent to the captain, in cash as your cash-flow in order that the yacht proceeds with provisioning in advance ready for your arrival. All expenses incurred by the yacht with be charged “at cost” prices and no ready made “forfeits”.
During your cruise, your captain can keep you advised on the cash-flow situation at any time.
It is possible that are-fund may be needed during the charter.
At the end of the cruise, he will present to you a very precise statement of account with all receipts and the balance of any unused funds or if insufficient, will request further balance.
We will keep you up to date with the ever-changing tax regulation and local laws which may effect your cruise depending on the destination your yacht will be heading for. We are in a position to advise you whether each yacht complies or not with the latest safety regulations.
Unlike hotels or restaurants, no service charge is imposed on charter rates. The crew gratuity is entirely a matter for your entire discretion should you have been satisfied with you cruise.
In this case, the amount customary is between 5 and 10 % of the charter fee for this service. This can be placed in an envelope and handed over to the captain before disembarkation for the captain to distribute between the crewmen point worth remembering is that the crew often work longer hours than you imagine, always in bed after the last charter guest at night and on duty before the first guest wakes up each morning…
CANCELLATION / CURTAILMENT INSURANCE
Should the charter be contracted not later than 28 days in advance, cancellation and curtailment insurance is available on request to cover the loss of charter fee if a charter has to be cancelled by the charterer for health or accident to him or a member of his party. (the cover list is available on request).Lloyds provides this cover at extra cost of 2.5 %. For detailed information, please contact us.
Personal accident and medical insurance plus theft of your personal effect insurance is also essential and not included in the charter fee nor in the insurance of the yacht.
For safety reasons notably the prevention of fire, smoking is not permitted in the staterooms or cabins below deck. Some achts may allow smoking in the saloons and day area but an increasing number only allow smoking out on deck only. A few have gone beyond this. Please check with us for individual restrictions.
One of the great pleasures of chartering is the use or learn how to use the increasing variety of watersports equipment carried by most yachts. Of particular note are the jetskis (the kneeling or standing machines) or waverunners (sitting down). Please take great care, do not drive close inshore especially near swimming beaches or other anchored yachts. It can be very annoying, not to say dangerous. Many countries have brought in severe restrictions on their use and some have banned them altogether.
Please note also that although we try to be as accurate as possible when compiling the equipment lists on each yacht, they are all subject to change during the years.
As with water sports, so for scuba diving safety is paramount. Of the many yachts that carry scuba equipment many do impose restrictions on its use. Generally, you will require at least a PADI open water certificate or equivalent and be asked to sign individual waivers. Only yachts with a qualified dive master amongst the crew will be able to initiate yourself iegally to diving. There are also some region when diving is seriously restricted such as Greece and Turkey and all local regulation should be strictly adhered to. Remember scuba diving, although wonderful is dangerous. Please follows all safety rules and ensure that you are covered for this activity under your own personal insurance. You will generally not be covered under the yacht’s insurance for diving.
USE OF DRUGS AND GUNS
Their use is illegal and the law is very strict. In case of breach of this clause, the risk of immediate suspension of the charter is pending and no claim for any refund from the charterer will be received in this very specific case.