Booking policy
Booking policy:
These Yacht Charter and Travel services are offered to CHARTERERS by NeoYachting S.A.S. – 14 Quai Papacino – 06300 Nice - France. Charter Club is a service from NEO YACHTING S.A.S. The use of this website and the purchase of any travel services offered by Charter Club imply the CHARTERER's absolute acceptance of these Booking Terms & Conditions and of all provisions thereof. Some of the services provided, particularly those related to travel tickets, may be subject to special conditions which the CHARTERERS are encouraged to review.
Booking process:
When booking a charter online, the CHARTERER must first identify himself (or herself). The CHARTERER must follow the instructions written on the Internet pages and fill-in a form asking for all relevant information to the CHARTERERS’ identification, and in particular: full name, mailing address, email and telephone number. After choosing a yacht or holiday package, the CHARTERER must accept the present Booking Terms and Conditions (by clicking on “I accept”) as well as any specific conditions that could possibly be added to these general conditions for a specific product and/or service. The booking will only be fully registered once the payment of the deposit has been registered by our bank. This last “click” is considered a valid electronic signature. All offers and orders are subject to availability. When an order is registered, Azimut Charter Club will send the CHARTERER an e-mail confirming the booking. By keeping this mail and printing it along with the invoice, NEO YACHTING S.A.S. via its website neoyachting.com will consider this as evidence of the CHARTERER’s booking. When booking a charter on neoyachting.com, the CHARTERER accepts the risk of unavailability and expressly gives up his/her right to claim compensation in case of unavailability. The confirmation e-mail only confirms that the booking has been registered, not that the yacht or holiday package is available. In case of unavailability, pricing or technical errors, NEO YACHTING S.A.S. will contact the CHARTERER as soon as possible to offer an adequate replacement product or to confirm that the booking has been cancelled. The client acknowledges that NEO YACHTING S.A.S., via its website neoyachting.com reserves the right to cancel a reservation up to 7 days after the online transaction takes place and shall inform the CHARTERER in case of unavailability, pricing or technical errors. In this case NEO YACHTING S.A.S. will reimburse the full amount paid, without the client being able to claim for compensation unless the client accepts a replacement offer made by NEO YACHTING S.A.S.
Cancelation policy:
a) All cancellations must be sent by registered letter (to the following address : NEO YACHTING S.A.S. - C/o Cabinet Imbalzano - 14 Quai Papacino– 06300 Nice (France) - with return receipt requested, with the mailing date of the notification being the effective cancellation date (as postmarked). In the event that a cancellation is made less than 10 days prior to the departure date, such notification must also be sent by fax (fax number: +33 492 004 959). b) When booking a yacht charter through the neoyachting.com website, the CHARTERER has 7 working days from the day he/she has confirmed his/her booking to exercise his/her right to cancel his/her booking. However, if the client benefits from the service before the 7 day term expires, he/she has no right to exercise the right to cancel he/she was originally entitled to. c) Should the CHARTERER give notice of cancellation of the booking after the initial 7-day period and at any time before the commencement of the Charter Period, the CHARTERER shall remain liable for all payments due to NEO YACHTING S.A.S. (or the OWNER) prior to and unpaid at the date of cancellation. Should notice of cancellation be given by the CHARTERER or should the CHARTERER fail after having been given notice to pay any amount due under this Agreement, NEO YACHTING S.A.S. (or the OWNER) shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments. Notwithstanding the right of NEO YACHTING S.A.S. (or the OWNER) to receive or retain all payments referred to above, NEO YACHTING S.A.S. (or the OWNER) shall be under a duty to mitigate his loss in the event that NEO YACHTING S.A.S. (or the OWNER) is able to re-let the vessel for all or part of the Charter period under this Agreement, NEO YACHTING S.A.S. (or the OWNER) will give credit for the net amount of charter hire arising from the re-letting after deduction of all commissions and other consequential expenses arising from such re-letting. The intention is that the NEO YACHTING S.A.S. (or the OWNER) shall use his best endeavors to re-let the vessel and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the vessel, its reputation, its crew or its schedule may be refused. d) If prior to the date of cancellation the vessel has taken on provisions for the Charter, or has utilized the Delivery/Re-delivery fee, then the CHARTERER shall pay for these expenses unless all or part can either be refunded by supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. The MANAGER, CAPTAIN and OWNER shall be under a duty to mitigate these expenses where possible. e) Any change made in charter dates or cruising areas will be considered as a cancellation. f) Any additional services will be invoiced in accordance with Articles 3 et seq. of these Booking Terms and Conditions. g) Any yacht charter already in progress will be considered as completed and will not give rise to any refund. h) Should the client waive, during the course of his charter, one or more of the services ordered, he or she will not be entitled to demand NEO YACHTING S.A.S. to grant him or her any reduction whatsoever on the charter price.
General conditions:
Payment terms: a) Any reservation is considered as a contract between NEO YACHTING S.A.S. and the CHARTERER. b) General Payment Terms: with regard to any reservation that occurs more than 31 days prior to departure, a deposit representing 50% of the total charter price must be paid. It is mandatory that payment of the balance be made no later than 30 days prior to the scheduled departure date (departure date included) and without NEO YACHTING S.A.S. being required to issue any reminder whatsoever. If the holiday reservation occurs less than 30 days prior to the scheduled departure date, the entire charter price shall be due. In the event that the balance is not paid within the stipulated time, the contract will, by the operation of the law itself, and without formal notice, be considered as cancelled due to the fault of the CHARTERER. The deposit paid will be retained and cannot be applied toward another holiday; the cancellation fees will therefore then be payable under the terms of Article 8 below. Suggested methods of payment are listed on the Internet website pages reserved for payment, or are available through our call centre. c) Special Internet Payment Terms: to secure a reservation through our Internet website, a deposit of 10% of the total charter price must be paid. The CHARTERER will then have 7 working days to pay the balance due according to the above General Payment Terms.
Prices: a) Except where explicitly specified in the offer, yacht charter prices include rental costs per se, with the services referred to in the product description, and include all taxes, notably the VAT if applicable (with the exception of the tourist tax), the service of a professional crew or captain, leisure equipment and onboard water sport and the yacht insurance. No protest concerning the charter price will be considered. It is the responsibility of each CHARTERER to decide, prior to his or her departure, whether or not the price is acceptable to him or to her, and to bear in mind that this is a package holiday price. b) Except where explicitly specified in the offer, posted prices do not include: - Supplementary third-party liability insurance, as described hereinafter; - Personal expenses, security deposits on the rental of the yacht and equipment, excess luggage charges, fees or penalties incurred for the violation of the laws in the countries concerned; - Tourist tax set by local authorities. - More generally, any service not expressly included in the yacht charter description and specifically, but not exclusively, fuel, meals & beverages, yacht delivery fees, harbor fees, crew gratuity, shore excursions / meals on shore, dockage during the charter at the client's request, airport transfers, airfare.
c) The charter rates advertised on-line may be changed without notice. The price shown in the booking confirmation is the only valid price. d) Under current law, prices specified in the contract cannot be modified, except to take into account variations in: - Air transportation costs, particularly those related to fuel prices; - Fees and taxes associated with the various services offered, such as landing, boarding and arrival taxes levied by ports and airports; - Exchange rates applicable to the trip or holiday being considered.
In all of these cases, contract price increases cannot be implemented less than 30 days prior to the departure date.
Yacht availability: The yachts offered are available in limited numbers and are managed in real time. The CHARTERER's attention is drawn to the fact that the product presented may become unavailable when he/she confirms his agreement and where several users are connected simultaneously and are interested in the same yacht. The first user to confirm his/her agreement for said product may thus, in real time, render it unavailable to other users. In this case, an unavailability message shall be sent to the user when he/she orders confirmation procedure. All offers, even those stated as immediately available, are subject to final confirmation. Offers can be either immediately available or subject to confirmation by NeoYachting, within seven (7) days.
Charter Agreement: Once the CHARTERER has made a reservation and all details have been addressed, he/she will be asked to sign the Charter Club Charter Agreement or MYBA Charter Agreement which can be downloaded from the Member’s Area. The Charter Agreement covers all the aspects directly linked with chartering the yacht: delivery of yacht, cruising area, crew, operating costs, insurance, etc… Before confirming a reservation, the CHARTERER can request a copy of the Charter Agreement to the Charter Club call centre.
Non-assignment: The CHARTERER shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of the NEO YACHTING S.A.S., which consent may be on such terms as the NEO YACHTING S.A.S. thinks fit.
Law governing this agreement: This Agreement shall be governed by, and construed and enforced in London and in accordance with the laws of England, excluding the conflict of laws principles thereof. The dispute shall be referred to a single Arbitrator to be appointed by the parties hereto.
