Company policies

Article 1

Agreement

The Owner agrees to let on bare-boat charter and the Charterer agrees to charter the unattended Yacht mentioned in the Charter Party (hereinafter called ΄the Yacht΄) for the period commencing at the date and time as agreed in the Charter Party for the sum as agreed in the Charter Party and ending at the date and time as agreed in the Charter Party for the amount as agreed in the Charter Party of which 50% is due to be paid by the Charterer upon the signing of this agreement. The balance of 50% is due and payable the latest 4 weeks prior to embarkation by bank transfer.


Article 2

Validity

The signing of this Agreement by the Owner and/ or his Agent becomes valid and binds the Owner to his obligations hereinafter mentioned only on condition that the Owner will actually receive the sum of the payments in time both as indicated in Clause 1.


Article 3

The owner agrees:

a) Handover of the Yacht

To fit out the Yacht and to hand her to the Charterer, without crew, clean, ready for sea with all the gear and equipment indicated in the Yacht’s inventory list and in proper running and sea worthy condition at the port as agreed in the Charter Party

b) Insurance

To insure the Yacht and her equipment as per Greek law, against fire, marine and collision risks and third party damage and against any and all loss or damage in excess of the contractually agreed deductible and the Charterer shall therefore be relieved of any and all liability which is covered by the said Policy, provided that such loss or damage is not caused or contributed to by any act of gross negligence or wilful act on his part. Should the Owner fail or elect not to effect such insurance he shall assume the same responsibilities as if the Yacht were so insured. In no case shall the Owner be under any liability for the loss or damage to the personal property of or for any injury to the Charterer or any person on aboard with his permission.

c) Delayed Handover of the Yacht

To employ every reasonable effort to insure delivery of the Yacht on the date and at the place mentioned in the Charter Party, but if for any reason whatsoever the Yacht shall not be available, the Charterer shall have the right of choice of one of the following possibilities:


  • i) Provided that the following charter commitment of the Yacht allows it and that the Owner agrees to prolong the period of charter by the same length of time by which the delivery has been delayed.

    ii) To leave the date of termination unchanged as in the Charter Party thereof and to be refunded by the Owner with an amount proportional to the time the delivery was delayed at the rate corresponding to the total charter freight as agreed in the Charter Party.

    iii) If the delay of delivery exceeds one fourth (1/4) of the total charter time, to cancel this agreement and be refunded by the Owner with the total amount paid for this charter.

    iv) To accept a similar Yacht suggested by the Owner.
    In any of the events mentioned in this Clause, neither party shall be liable to pay to the other any other compensation for any loss or damage resulting from the curtailment.

Article 4

The Charterer agrees:

a) Return of the Yacht / Delays in Return of the Yacht

To redeliver the Yacht to the Owner at the port as agreed in the Charter Party, cleaned -up along with all her equipment, in the same good condition as she was at take-over, at the time designated in the in the Charter Party, unless the Yacht has become a total loss. If he shall for any reason fail to deliver the Yacht at the aforesaid date and time, to pay to the Owner demurrage at the rate of the charter freight per day of this agreement increased by fifty percent (50%) for every day or fractional part of a day thereafter until delivery has been effected. If he leaves the Yacht at any place other than the place designated in this in the Charter Party, to pay to the Owner all expenses involved in transferring the Yacht to the place of redelivery and pro-rata demurrage as above for the number of days delay as well as for any loss or damage not covered by the insurance policy, which may occur on or to the Yacht until she has been taken over again by the Owner. The delay starts at the end of the charter period as agreed in the Charter Party and ends when the yacht has effectively arrived in the destination port as agreed in the Charter Party.

b) Deposit

To leave on deposit and as guaranty with the Owner or his local representative on taking over the Yacht an amount as agreed in the Charter Party to meet in whole or in part any claim by the Owner in respect of any loss or damage to the Yacht and/ or her equipment not recoverable under the policy of insurance as in Clause 3(b) hereof and for any claim by the Owner in respect of the provisions of Clause 4(a) above. The aforesaid deposit shall be refunded to the Charterer, subject to the provisions above, after inspection of the Yacht, her gear and her inventory by the Owner and subject to the yacht being in the same condition as she was at the time of handover.

Alternatively, if agreed in the Charter Party, the Charterer might opt for a non-refundable fee, which reduces the self-retention of the Charterer to an amount as agreed in the Charter Party (under the same terms and conditions as the mentioned insurance policy).

c) Restrictions in the Use of the Yacht / Crew requirements

Not to use the Yacht for racing (unless agreed in writing by the Owner in the Charter Party) or for towing other craft, except in an emergency, or generally for any purpose other than that of private pleasure of the Charterer and his party which should include not less than 1 qualified Skipper and 1 experienced crew member, but not more than the number of maximum passengers according to the Yacht's documents in all at sea, or to accommodate aboard any person other than those shown on the crew/ passenger manifest, not to take the Yacht neither to allow her to be taken outside the area of the Hellenic seas nor to sublet the Yacht without the written consent of the Owner

d) Adherence to the Law

Not to allow any person on board to commit any act contrary to the custom laws of Hellas or of any country or contrary to the laws pertaining to fishing or under water diving nor to seek and/ or take possession of objects of archaeological nature or value. In case such act is committed, this agreement shall there upon be terminated, but without prejudice to any rights of the Owner and the Charterer shall carry alone any resulting responsibilities and he shall answer alone to the appropriate authorities.

e) Towing of the Yacht

To take any possible preventive measure and precaution to avoid bringing the Yacht in any condition in which the Yacht will need to be towed to any point by another vessel, but should such a necessity arise, despite of the Charterer’s efforts, to notify the Owner immediately and if such contact is not possible to negotiate and agree with the captain of the other vessel on the price to be paid before allowing the Yacht to be towed. Under no circumstances can a towing line from the towing vessel be accepted. The towing line has to come from the yacht herself (Not adhering to this rule can, according to maritime law, be understood as giving up the yacht resulting in very high salvage fees).

f) Restrictions in Leaving Ports

Not to leave a port or anchorage if the wind force is or is predicted to be over six (6) on the Beaufort scale or if the harbor authorities have imposed a prohibition of sailing or while the Yacht has unrepaired damage or any of her vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment, etc. are not in good working condition or without sufficient reserves of fuel or in general, when weather conditions or the state of the Yacht or its crew or a combination thereof leaves doubts as to the safety of the Yacht and her crew.

g) Reduction of Canvas / Navigation Requirements
When necessary, to promptly reduce canvas and not to allow the Yacht to be found sailing under an amount of canvas greater than the one insuring comfortable sailing without excessive strains and stresses on the rigging and the sails, not to sail the Yacht in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly and not to sail the Yacht at night without sufficient watch on deck (at least two persons).

h) Logbook

To keep the Yacht’s logbook up to date, noting each day the port of call, the state of the Yacht and its equipment, any change in the composition of the crew when at sea regularly, the times, positions, weather conditions, sail plan and hours of engine operation.

i) Itinerary

To plan and to carry out the Yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the Yacht must be returned to the Owner (Turn- Around Point) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the Yacht’s port of call shall lie at a distance not greater than forty (40)N.M. from the point at which the Yacht is to be returned to the Owner.

j) Status Report

To study and acquire a working knowledge of any printed matter pertaining the proper handling of the Yacht and to the conditions in the cruising area, which may be made available to him by the Owner.

k) Handling of the Yacht

To study and acquire a working knowledge of any printed matter pertaining the proper handling of the Yacht and to the conditions in the cruising area, which may be made available to him by the Owner.



Article 5

Sailing Qualifications

This agreement is entered into on the basis of the Charterer’s competence in sailing, seamanship and navigation stated by him in writing and in the event of any error, omission or misinterpretation in this respect being subsequently discovered, the Owner shall be entitled to terminate this Agreement forthwith and to retain the full charter fees.


Article 6

Verification of Sailing Competence

The Owner (or his representatives) may require the Charterer and his crew to demonstrate their competence in handling and navigating the Yacht safely by actually operating the Yacht at sea with the Owner (or his representative) aboard and should the Charterer and/ or his crew fail to satisfy the Owner (or his representative) in this respect, the Owner may terminate this Agreement as stated in Clause 5 above or place aboard the Yacht a seaman at the cost of the Charterer, if one acceptable by both the Owner and the Charterer, for as many days as the Owner will consider necessary for the safety of the Yacht and her passengers and any time required for this test of the Charterer’s competence and seamanship would be part of the agreed Charter period.


Article 7

Time for Handover of the Yacht

The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as designated in the Charter Party. The time required to demonstrate the Yacht to the Charterer and to familiarize him with her should be part of the agreed charter time. The free use of the Yacht will be granted to the Charterer after he has signed the take-over form.


Article 8

Inspection of the Yacht

Before signing the aforesaid form, the Charterer shall have the right to inspect the Yacht, her gear and her inventory thoroughly to ascertain that all are available in good working condition, except as may be noted thereon, but the signature of the take-over form by the Charterer shall be deemed to imply acceptance of the Yacht, which thereafter will be in the Charterer’s full, responsibility and the Charterer shall have no right to claim in any loss of item or expense occasioned by any accident or breakdown or failure of any part of the Yacht.


Article 9

Running Expenses and Repairs

After take-over, expenditures for port-dues, water, fuels, oils and any other stores required, as well as the repair of any damage or failure that may occur while the Yacht is in the Charterer’s responsibility and which are not the result of normal and natural wear and tear shall be made by the Charterer at his expense, provided consent of the technical suitability of repairs to be made has previously been obtained by the Owner (or his representative). In case of repairs of damages or failures resulting clearly from normal and natural wear and tear, the Charterer shall previously obtain the Owner’s (or his representative's) consent with regards to the


Article 10

Inspection of Damages

If any accident or damage is caused to the Yacht, the Charterer shall request from the nearest port Authority to ascertain the damage or accident and the circumstances in which it has been caused and to make a written record and statement about it and he shall notify the Owner at the same time.


Article 11

Cancellation

In the event of cancellation of the Charter by the Charterer, for any reason except as mentioned in Clause 3(c)(iii), after signing this Agreement, the following applies:

- If cancelled less than 6 weeks prior to the charter period, 100% of the Charter Freight is due
- If cancelled between 6 and 12 weeks prior to the charter period, 50% of the Charter Freight is due
- If cancelled more than 12 weeks prior to the charter period, 25% of the Charter Freight is due

The Owner can refund the said deposits if he succeeds in letting the Yacht to another Charterer for the same period and under the same conditions.


Article 12

Total Loss of the Yacht


Should the Yacht become an actual or constructive total loss before the charter period and no equivalent yacht can be offered by the Owner, this Agreement shall be deemed to be terminated as of this point in time and the Charterer shall recover from the Owner all charter monies paid in advance to the Owner. Should the Yacht become an actual or constructive total loss during the charter period, this Agreement shall be deemed to be terminated as of this point in time and the Charterer shall recover from the Owner all charter monies paid in advance to the Owner but only provided that the Charterer or his crew were not responsible for the loss. However, if it cannot be ascertained that the Charterer or his crew were not responsible for the loss, the obligations from the Charterer to the Owner under this Charter Party agreement shall remain legally binding, but the Owner shall be relieved from any obligations under this this Charter Party agreement.


Article 13

Special Provisions

The special provisions, if any, set out in the Charter Party are fully accepted and form part of this Agreement.


Article 14

Agents and Brokers

The Agents and Brokers act in good faith on behalf of both Owner and Charterer but contract as Agents and Brokers only and in no case incur any liability for any acts or omissions by either party, except for the responsibilities provided by the pertinent legislation of Hellas.


Article 15

Arbitration

In the event of any dispute arising between the parties hereto with respect to this Agreement or anything herein contained the same shall be referred to two arbitrators in Hellas one to be appointed by each party, whose decision shall be final or to an umpire to be appointed by such arbitrators, if and when they shall disagree, the decision in such event of the umpire to be final.

We take your privacy seriously and are highly committed to implementing measures to protect your personal data in compliance with General Data Protection Regulation (GDPR) (EU) 2016/679. We have taken all reasonable organizational and technical measures to guarantee the protection of personal data against unauthorized access, misuse, loss or destruction.

We kindly ask you to study our privacy policy in detail and reach out to us in case of questions.

In case you do not agree with our privacy policy feel free to not proceed with further use of our website or to consume our products or services and kindly understand that we may be prevented from entering into a contractual agreement with you. By using our website, products and services you agree to be bound to our privacy policy.

Neither our website nor our services or products are intended for children (under 18 years old). In limited cases, as part of passengers’ data collection for charter bookings, we need to collect and use information of children (under 18 years old) only as provided by their parent or guardian or with their consent. If we become aware that we have processed information of a child without the valid consent of a parent or guardian, we will cease to process it as soon as we find out.

Asterion Sailing B.V. (Asterion) [Netherlands] is part of the Asterion Sailing Group which also includes Asterion Sailing IKE [Greece], Rhadamanthys MCPY [Greece] and Sarpedon MCPY [Greece].


When entering a charter agreement, you will face either Asterion Sailing IKE [Greece], Rhadamanthys MCPY [Greece] and Sarpedon MCPY [Greece] as your contractual counterparty for the yacht charter, but you can nevertheless contact Asterion in case of privacy concerns. This is because Asterion is representing and acting on behalf of the other Asterion Sailing Group companies. However, each of the Group companies is responsible to protect your privacy rights the same way Asterion does.

Here is how you can get in touch with us:

Asterion Sailing B.V.
Boomberglaan 71 C 1217RP Hilversum Netherlands
Commercial registry number: 65615336
+31 640711301
[email protected]
www.asterion-sailing.com


This privacy policy will explain how our organization uses the personal data we collect from you when you use our website, request an offer from us, enter into a sailing charter contract with us or sign up to our newsletter either online or offline.

The term “you”, “user” or “charterer” shall refer to the user or viewer of our website or customer or other contact interacting in any way with Asterion.

The term “we” or “us” refers to Asterion and all its subsidiaries and/or affiliates.

The term “third parties” refers to any service or product supplier providing services or products to us in direct relation to our business.

Our privacy policy is going to talk about the following:

  • What data do we collect?
  • How do we collect your data?
  • How will we use your data?
  • How do we store your data?
  • Marketing
  • What are your data protection rights?
  • What are cookies?
  • How do we use cookies?
  • What types of cookies do we use?
  • How to manage your cookies
  • Privacy policies of other websites
  • Changes to our privacy policy
  • How to contact us
  • How to contact the appropriate authorities

What data do we collect?

Asterion collects the following data:

  • Personal identification information (Name, email address, phone number, birthday, address, etc.)
  • Emails
  • Discussion/call notes
  • Should you be subscribing to our newsletter then we will also receive your IP address
  • Sailing holiday preferences (e.g. Charter type, yacht type, sailing area, special requirements, crew composition, charter period)
  • For purposes of the charter we are legally and operationally required to collect the following about the charterer, skipper, crew and passengers:
    • Surname and Name
    • Nationality
    • Gender
    • Date of birth
    • Place of birth / country of birth
    • Address
    • Email address
    • Mobile phone number
    • Identity card or passport number, and skipper license number
    • Scans of identity cards or passports and skipper license (if applicable)
    • Tax number (from Greek citizens only) tax office (from Greek citizens only), gender, nationality
    • Bank account information (if applicable. For instance, to return deposit payment to you)
    • Payment card information (if applicable and only temporarily. For instance, to return deposit payment to you)
    • Flight details (if applicable)
    • Local accommodation details (if applicable)
    • Sensitive Personal data such as dietary details, religious beliefs, biometric data, allergies, health conditions might be needed if we provide a crewed yacht charter to you.
    • Technical information about the yacht and GPS coordinates while you use it. This is primarily used for safety reasons and to be able to quickly react in case of emergencies, but also to provide you a better service.

Please note that the charterer is responsible that the whole crew and all passengers have been made familiar with the content of our privacy policy and that they consent that the charterer represents them in all dealings with us.

Please also note that the charterer is required to deliver any information required in relation to the charter agreement in a timely and accurate manner in order to guarantee that Asterion can provide the service or deliver the product


How do we collect your data?

You directly or through a third party (e.g. your yacht charter broker) provide Asterion with most of the data we collect.


We directly collect data and process data when you:

  • Place a request for information
  • Request an offer/quotation Place an order for any of our products or services
  • Accept our offer
  • Make a payment through our website, to one of our bank accounts or locally in the marina
  • Enter a sailing charter contract with us. This includes when you:
    • Sign the charter party agreement
    • Supply us with the crew list
    • Supply us with copies of your passports or identity cards
    • Supply us with your sailing license
  • Voluntarily complete a customer survey or provide feedback on any of our message boards, survey tools or via email
  • Call us
  • Talk to us in person
  • Write us an email
  • Write us a letter
  • Use or view our website via your browser’s cookies (However, we cannot identify you as a person)
  • Visit, follow or contact us on social media (e.g. Instagram or Facebook)
  • Sign up for our newsletter
  • Are using one of our yachts.

Asterion may also receive your data indirectly from the following sources:

  • Sailing charter booking platform
  • Sailing yacht charter companies
  • Sailing yacht broker companies
  • Sailing yacht management companies
  • Travel agencies
  • Other companies of Asterion Sailing Group

How will we use your data?

Asterion collects your data so that we can:

  • Process your request
  • Process your order
  • Prepare a contract
  • Perform a contract
  • Comply with legal, statutory or regulatory obligations
  • Manage your account
  • Communicate special offers on other products and services we think you might like
  • Improve our websites’ content or functionality
  • Perform internal marketing analyses

We would never share your personal information with any third party, unless we are required to do so by law or under the instruction of a competent court or because it is required for the fulfilment of the product or service delivery and our business or to fulfil other contractual obligations.

We share your data with third party companies that provide products or services that are in direct connection to the products or services you bought from us. This includes:

  • Yacht maintenance companies
  • Local base personnel
  • Yacht crew
  • Local port authorities
  • Taxi companies, which pick you up from or bring you to the airport
  • Other companies of Asterion Sailing Group

We also share your information with service providers that we directly use to conduct our business. This includes:

  • Website design, hosting, maintenance
  • Email hosting
  • E-Marketing service provider
  • Accounting
  • Social media provider
  • Payment provider
  • Bank
  • Other companies of Asterion Sailing Group

Any of the third-party providers may store your data outside the EU.

It is important to mention that the information is only shared to an extent that is needed to conduct our business. We would never sell your data to a third party for the purposes of advertisement.


How do we store your data?

Asterion has implemented a modern IT architecture. This architecture defines that we store your data on the servers of reputable and trustworthy third-party suppliers such as AWS, Google, Zoho, Microsoft, Dropbox, Mailchimp, MMK or others. Their servers might be located outside the European Union. We also replicate part of the data stored on those servers on individual computers of employees or board members. Those computers are equipped with password protection, firewall and antivirus software to protect your information from unauthorized access, use, theft, destruction or disclosure.

While we take all reasonable measures to secure your data, we cannot guarantee that we fully eliminate the security risks associated with your data.

Asterion will keep your data for as long as it is legally or operationally required. While you can unsubscribe from our marketing activities at any point in time, we need to retain your personal data in relation to a product or service that you have requested, ordered or consumed from us.


Marketing

Asterion would like to send you information about products and services of ours that we think you might like

If you have agreed to receive marketing, you may always opt out later.

You have the right at any time to stop Asterion from contacting you for marketing purposes or giving your data to other members of the Asterion Sailing Group.

If you no longer wish to be contacted for marketing purposes, please click here.


What are your data protection rights?

Asterion would like to make sure you are fully aware of all your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request Asterion for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that Asterion correct any information you believe is inaccurate. You also have the right to request Asterion to complete the information you believe is incomplete.

The right to erasure – You have the right to request that Asterion erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Asterion restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Asterion’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Asterion transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email:

Call us at: +31 6 40 71 13 01

Email us at: [email protected]


Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our websites, we may collect information from you automatically through cookies or similar technology

For further information, visit www.allaboutcookies.org
How do we use cookies?

Asterion uses cookies in a range of ways to improve your experience on our website, including:

  • Understanding how you use our website

What types of cookies do we use?

There are several different types of cookies, however, our website uses:

  • Functionality – Asterion uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
  • Advertising – Asterion uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Asterion sometimes shares some limited aspects of this data with third parties for advertising purposes in the connection with our business. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to manage cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.


Privacy policies of other websites

The Asterion website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.


Changes to our privacy policy

Asterion keeps its privacy policy under regular review and places any updates on this web page. Hence, we also ask you to regularly review our privacy policy. This privacy policy was last updated on 18 February January 2020.


How to contact us

If you have any questions about Asterion’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

Call us at: +31 6 40 71 13 01

Email us at: [email protected]


How to contact the appropriate authority

Should you wish to report a complaint or if you feel that Asterion has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office.

Autoriteit Persoonsgegevens
PO Box 93374
2509 AJ DEN HAAG
The Netherlands

Disclaimer

Asterion pays the utmost attention to the content of this site. The information provided on the site is kept as current as possible. However, it may be that the information displayed on the site is not is completely correct (anymore). Asterion is free at any time to make changes. Asterion cannot guarantee the visitors desired result on the basis of the information provided in this site. The information on this site is not legally binding. It is not allowed to visitors to copy the provided (copyrighted) information, products or services without the prior consent of Asterion other than for own use by any means reproduce, distribute or publicly available.

Asterion accepts no liability for direct or indirect damages of any nature whatsoever arising or  related to any use of this site and/or the inability to consult this site.