These Booking Conditions apply to any booking that you make on the M Yachts website or with M Yachts for a charter of a particular motor yacht chosen by you and nominated in your booking (the “Yacht”). These Booking Conditions should be read carefully. They contain some exclusions and limitations of liability.
If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.
Your contract is with the owner of the Yacht (the “Owner”), whose name will be advised to you upon request. M Yachts acts only as broker and/or agent for the Owner. M Yachts and/or the Owner is referred to in these Booking Conditions as “us”, “we” or “our”.
A contract exists as soon as you pay the booking deposit and by making that payment you will be deemed to have accepted the quotation invoice and agree to be bound by these booking conditions. When confirming your booking, the person signing the booking confirmation form (the “Party Leader”) must have and is taken by us to have the authority to do so on behalf of all the other people covered by the booking.
Where “you” or “your” is used, this is the Party Leader and all people covered by the booking. By signing the form it means all people covered by the booking have read and accepted these Booking Conditions. The Party Leader will be responsible for the full cost of the Charter, including any cancellation or amendment charges and will also be responsible for any amounts for which you may be liable in relation to the Charter. This contract is made on the terms of these Booking Conditions which are governed by Hong Kong Law and it is agreed that any dispute hereunder will be referred to Arbitration in Hong Kong before a single arbitrator to be appointed by the Hong Kong International Arbitration Centre.
The Charter price quoted is in Hong Kong Dollars. Please note that prices are subject to change up until when you have made your booking and paid the relevant deposit. The remaining balance of your Charter must be paid 7 days before your departure date. If the balance is not paid in time, we may cancel your arrangements and retain your deposit. If the charter is booked less than two weeks before the departure date, then full payment must be made upon booking.
The Yacht must be returned to the agreed point of disembarkation before the specified disembarkation time as stipulated on your booking confirmation. If the Yacht is returned late you will be charged a late return fee for each hour after the specified disembarkation time as stipulated on your booking confirmation. If you return the Yacht to another location then a late return fee will be charged for each hour after disembarkation time stipulated on your booking confirmation spent returning the Yacht to one of these locations.
Unless otherwise agreed in writing, the Charter of the Yacht is for itineraries wholly within Hong Kong waters only.
3. Fuel Consumption
Our yachts are provided with sufficient fuel to operate main route itineraries under cruising speed conditions. Navigation engine running hours are limited to a maximum of 50% of the charter hours and max. 4 hours per day. In the event that you require the use of the engine for a period in excess of these limits you agree to pay an additional hourly charge. We agree to inform you of any excess and seek prior approval from you whenever requested. Extra hours will be charged at a rate that will be advised to you upon request.
4. Security Deposit
In addition to payment of the Charter price, we require that you pay us a security deposit of 15-20% of the daily charter rate. This sum must be paid at least 7 days before anticipated embarkation and will be held as security for your obligations hereunder, including, but without limitation, as security for any additional expense or damage caused by you or any member of the party – see clause 9 hereof in this regard.
The Security Deposit will be returned to you within 7 days of completion of the Charter if you have complied with this agreement and no damage has been caused by you or any member of your party.
5. Amendments by you
If you wish to make changes to your arrangements after our confirmation invoice has been issued, we will do our utmost to realize these changes, however it may not always be possible (for example, by reason of other commitments). Any request for changes, must be submitted in writing and signed by the Party Leader. A change may result in an amendment to the charter hire rate.
Requests for changes to your booking should be sent to our Reservations Department.
6. Cancellations by You
You may cancel your arrangements at any time. A written notification of cancellation from the Party Leader must be received at our offices. Cancellation will be effective on the date it is received by us. Please refer to below period of departures for applicable charges regarding cancellations and major changes once receipt of notice is received:
15 days and more 30% of total charter cost
14 days and under 100% of total charter cost
7. Amendments or Cancellation by us
Chartering and safe use of a yacht depends on many variables, including, amongst other things, the weather and sea conditions. It is sometimes unavoidable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your arrangements.
If we are unable to provide the booked arrangements and have to cancel them, you can either:
This would include a circumstance where the Yacht is unavailable when you arrive through no fault of ours (for example by having been damaged by a previous client).
Should a breakdown occur during a charter, we will allow a credit towards a future charter, based on the daily charter fee. A breakdown that lasts between 1- 4 hours will result in a half-day credit, whilst a breakdown lasting more than 4 hours will result in a full day credit.
8. Force Majeure
Force Majeure is a cause attributed to acts of God, accidents, natural disasters, weather or other occurrences beyond our control and not caused by our negligence. No warranty is given with regards to the suitability of weather on a particular day in respect of the Charter. If a named storm threatens or is forecasted to threaten the expected location of the Yacht, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or canceling the charter at any time that he/she deems necessary, in which case the provisions of clause 7 hereof shall apply.
If the Hong Kong Observatory issues typhoon signal of 3 or higher or issues an official Black Rainstorm Warning before the embarkation time, the trip will be postponed to a date, which is to be agreed between the Party Leader and us in the following six months, subject to availability. In such event, your deposit will be held by us. If you fail to rebook within the above mentioned timeframe, the deposit will be forfeited. If typhoon signal 3 or higher is hoisted or a Black Rainstorm Warning is issued during the Yacht trip, for safety issues our Yacht will return to drop off point without any further delay. No compensation will be paid for the “unused” time.
9. Termination and Indemnity
You must accept responsibility for the proper conduct of yourself and any members of your party. We reserve the right in our absolute discretion to terminate, without further notice, the Charter of any client who refuses to comply with the instructions or orders of our Captain or crew or whose behavior or physical condition (including sobriety) in our opinion is likely to cause distress, damage, danger or annoyance to the crew of the Yacht, other customers, staff, any third party, any person or to property. Upon such termination our responsibility for your Charter ceases and we shall not be liable for any extra costs incurred by you.
In the event that the Yacht or any of its equipment is damaged whilst on the Charter by reason of any act or omission on the part of any person on board (other than our Captain and crew), you will indemnify us for the costs of any repairs. This would include (for example) cigarette burns to the deck or structure of the Yacht, damage caused by your negligence in any watersports activities (including use of a Jet Ski or tender) etc.
If you have a problem during your charter, please inform a relevant member of our staff immediately, who will endeavor to put things right. If your complaint is not resolved at the time, please follow up within 7 days at the end of the charter, by writing to us at our address above. Please give your booking reference and all other relevant information for further handling. Nevertheless, we strongly suggest that you communicate any problem to our crew on board at the time. This gives us a much better opportunity to fix any issue directly and not allow this opportunity at the time, affect how we view any subsequent complaint.
11. Drugs & Illegal Activities
The use, transportation of possession of illegal drugs or narcotics (incl. Marijuana) or any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by you or any guests of the party is a breach of the Charter and shall be cause for immediate termination of the Charter without refund of any payments made by you. You will be held responsible for any loss or damage to the Yacht due to any such violations and will be put ashore at the convenience of the Captain (whether or not that is at your agreed drop off point).
12. Our Liability to You
Other than as set out in these Booking Conditions or as implied by law, we are not liable for any loss or damage suffered or incurred by any person in relation to the Charter arrangements. In addition, we are not responsible or liable for loss, damage or theft of personal luggage and belongings. Please check with your insurance prior to departure, to make sure you are adequately covered for any eventualities.
The Party Leader is responsible for assuring that he/she and the Charter group are capable of safely undertaking the planned itinerary. The Party Leader must take note of safety information contained in any written material or delivered on board the Yacht and is responsible for briefing all party members.
Watersport activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk.
The Yacht may come with a Jet Ski and/or tender. HK Law requires that these are only operated by persons that are properly licensed. Upon production of their license, properly licensed persons may, in the discretion of the Captain, be allowed to use these. This is on the understanding that the terms of this agreement will apply, mutatis mutandis to the said use. In the alternative, the Captain and/or another member of the crew will be available to drive the Jet Ski and/or tender with the passenger(s).
In the interests of the safe conduct of your Charter, we and our Captain and/or crew may order a change to your itinerary, decide whether or not conditions are safe to use the Yacht or make a particular passage. We will not be liable in any way if these changes are made. We reserve the right to decline a sail to a particular destination, if in the opinion of our skipper: (1) this voyage cannot be completed (including returning) safely and within the time allowed under the charter; or (2) if it lies outside of Hong Kong waters.
You must follow the instructions of our Captain and crew at all times.