By signing up to use the services provided by VBC Chartering Limited online platform, you agree to the terms and conditions set below whilst also confirming you meet all the eligibility criteria set forth below.

Parties to this Agreement:

VBC Chartering Limited, a Limited Liability Company registered in terms of Maltese Law, bearing Company Registration Number C97159 and having its registered office at 22A Johema, Triq Bergamot, Mosta, hereinafter referred to as “VBC”, which term, unless repugnant to the context or meaning thereof, shall include its Affiliates, successors and permitted assigns;

AND

On the second part, You, the user of the online platform, who has signed up and registered to use the services provided by VBC (hereinafter referred to as the “Charterer”).

(Each of the above individually to be referred as “Party” and collectively as the “Parties”)

 

WHEREAS:

  1. VBC is an online booking agent and provides the sole service of a platform that enables boat owners and charterers to find each other and transact online. VBC shall never be a party to any chartering relationship but it shall merely act as a booking facilitator and processer of payments between the Owner and the Charterer (the “Service”).  Hence, VBC does not, under any circumstance, guarantee anything that relates to the charter transaction such as the safety, quality standards, accuracy of photos and vessel description (the listing content), insurance coverage or any other element that is transacted between the owner and the charterer.
  2. The Charterer is over the age of 18, and enjoys full legal capacity to enter into a contract and who accept unconditionally the terms and conditions set forth the terms and conditions and agree to be bound by them when using the services provided by VBC or the owner of the boat.
  3. The Charterer requires the services of the online platform to facilitate the booking of pleasure crafts and in so doing accept all the terms and conditions set by VBC in relation to such service provision.
  4. This Agreement records the intentions of the Parties in this regard.
  5. The Charterer agree that VBC shall have the right to amend the terms and conditions as and went required. It is the Charterer obligation to visit the online platform and read the updated terms and conditions to which any services offered by VBC shall be regulated.

 

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PREMISE AND CONVENIENCE CONTAINED HEREIN, THE PARTIES HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

App means the digital application provided by VBC which enables, amongst others, potential charterers to book a boat charter.
Agreement means this service agreement between VBC and the Owner
Confidential Information means any information of a confidential or proprietary nature concerning the business, affairs, customers, clients or suppliers of a Party or of any member of its group, including but not limited to information relating to that Party’s operations, processes, plans, projects, product information, product manufacture or production, know-how, designs, trade secrets, software, market opportunities, customers and suppliers.
Data Protection Legislation means (i) the Data Protection Act, Chapter 586 ; (ii) EU legislation relating to personal data (including the GDPR); and (iii) all other legislation and regulatory requirements in force from time to time which apply to a Party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and (iv) the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a Party; in each case as may be amended, supplemented or replaced from time to time.
VBC Property means the ownership of the Services, the VBC intellectual property rights (including attached Trade Marks), the User Interface (including, for avoidance of doubt, the App and the Website), and any and all Intellectual Property Rights existing or subsisting in the same. For avoidance of doubt, the VBC Property includes any and all software, source code and rights and in computer software comprised in any of the above, whether existing or subsisting before, on or after the Effective Date
Effective Date means the date of this Agreement
Charterer means a natural or legal person who is a user of the VBC system and who charters a boat through the User Interface.
Fees

 

 

means the Commission inclusive of any value added tax payable, if any, on any of the Fees.
Intellectual Property Rights means patents, utility models, copyright, trademarks, business names and domain names, designs, computer software, database rights, all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, any rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.
Force Majeur Means any of the following instances:

·       Special weather warnings making sea journeys dangerous

·       Disruptions due to health authority warnings

·       Legislative of regulatory changes affecting the chartering business

·       Issues relating to political unrest, natural disasters, terrorism and/or wars

·       Industrial action by port authorities or key suppliers (such as fuel suppliers)

·       Damages to the boat or its equipment that have been caused by inclement weather that took place within 24hrs of the charter date.

·       Death of an immediate family member (proof in the form of death certificate is to be provided to VBC)

 

Trade Marks means the name or term “The Chartering Company” and any and all trade marks, logos, service marks, trade names, business names, distinctive devices, signs, domains and domain names, in each case whether registered or unregistered, and any and all applications relating to the same, which as at Effective Date or any time thereafter are owned by VBC or licensed to it by a third party, including (without limitation) all those relating to or used in connection with any of the Service.
User Interface means the App, the Social Media Pages, the Website and any other medium of communication provided by VBC to act as a booking platform between the charter and the owner.
User Interface Content means:

 

(i) all banners, content, text, images, logos, distinctive signs and all other materials of any kind contained, included or found on any of the User Interface (whether before, on or after the Effective Date) and which do not constitute Vendor Content; and

 

(ii) the appearance, design, layout, typefaces, functionality, interface and ‘look-and feel’ of the User Interface (including, for the avoidance of doubt, each of the App, the Social Media Pages and the Website and their respective pages).

VAT means value added tax in terms of the Value Added Tax Act (Chapter 406 of the Laws of Malta), as may be amended from time to time.

 

Website means all pages on the world wide web with URL “https://thecharteringcompany.com”.

 

Titles and headings are for convenience only.

 

CHARTERER COVENANTS:

  1. To be over the age of 18 and be in possession of a valid identification document (National ID card or Passport) to prove his/her identity to the owner before taking possession of the boat.
  2. To have and enjoys full legal capacity to enter into a contract as required by the laws of the Republic of Malta.
  3. To be the lawful owner of the payment method provided to pay for the services offered by VBC on this online platform. In cases where the charterer uses a payment method which does not belong to him/her, you confirm that you have the full authorization to use the payment method provided from the respective owner. In so doing, you exonerate VBC from any liability in the event the payment is disputed by the owner and you agree to assume full legal responsibility for such transaction.
  4. To be truthful in all the details provided when the account is created. This includes, but is not limited to, Your true name and surname, Your true residential address, a valid email address and valid contact numbers. In case any of the above information is found to be invalid or not true, VBC retain the right to suspend the user account and services provided. This clause applies also in the case of creation of multiple accounts for the same user.
  5. To abide by the terms and condition set forth by the Stripe Payment Gateway used by VBC in processing your payment to the Owner. Please click on the following link to verify the terms and conditions.
  6. To check that the boat is equipped with all the necessary safety and lifesaving equipment. Such equipment should include, but is not limited to, lifejackets, fire extinguishers, signaling devices (such as flares).
  7. To check, inspect and document the condition of the boat and all the amenities provided before the start of every charter and to agree via a chartering agreement entered into between yourself as the Charterer and the Owner, to take on responsibility of the boat from that point onward in the condition received.
  8. To check, inspect and document the condition of the boat and all the amenities provided at the end of each charter. In the absence of disagreement as to the condition of the boat after this is returned to the Owner, this needs to be documented too.
  9. To ensure that boat is covered by appropriate insurance cover and that you properly understand the insurance cover available. You are solely responsible to ask for a copy of the insurance coverage before taking possession of the boat.
  10. In case your Charter includes a skipper, it is your responsibility to verify the identity of the skipper and that a valid nautical license is provided before taking over the boat.
  11. To check all the equipment and systems on board (including but not limited to, ignition system, navigation equipment, radio system, anchoring system etc.) prior to accepting the boat.
  12. To look after the boat at all times (inside and outside) and follow the term of Charter as provided by the Owner. In case of damages, you agree that take full legal responsibilities for these which may result in the forfeiture of the security deposit (if this is requested by the Owner) or the responsibility to pay and damages found. VBC is not a party to the Charter Agreement and hence shall not be involved in disputes relating to damages between the Owner and the Charterer.
  13. To understand all the terms and conditions that apply to the specific boat charter and that these terms and conditions are in line with those presented in the boat listing.
  14. Understand that VBC shall only be responsible to verify that the Owner is in possession of the valid permits to Charter the boat. The Charterer shall hence ensure that the boat provided matches the description of the boat booked (including but not limited to the boat registration number).
  15. That he/she has five (5) calendar days in which to lodge a complaint to VBC with regards to the charter and to request any refunds. The Charterer agrees that the request for refund shall not automatically entitle him/her for a refund, but a dispute process shall be opened to assess the matter. Any decision taken by VBC in the cases of disputes in which it is involved, shall be final.

 

VBC’s COVENANTS:

  1. VBC shall be responsible for facilitating communication between the Owner and Charterer via its call center / website / mobile application, etc.
  2. VBC shall be responsible for the collection of payments from the Charterer prior to the chartering event.
  3. VBC shall display the available charter dates that the owner has made available so as to enable the charterer to select and book the right boat available in the period requested.

PAYMENTS:

The Charterer shall pay the full booking fee at the time of the booking. The booking shall, from the date of booking, be subject to the cancellation provisions provided in this agreement.

 

CANCELLATION OF CHARTER BY OWNER

  • The Owner shall have the right to cancel the charter only in the event of Force Majeur as defined in this agreement.
  • If an accepted charter is cancelled by the owner in any circumstance which is not defined as Force Majeur by the agreement, shall render the owner liable to pay damages to the charterer. These damages shall be limited to the alterative cost of rebooking an alternative charter option on the same date of the original charter or, in case no other option is available, a sum equal to the charter price paid by the charterer.

 

CANCELLATION OF CHARTER BY CHARTERER

The following Charter Cancellation terms shall apply:

  • In case whereby the Charterer cancels the booking for whatever reason:
    • within a minimum of thirty (30) days of scheduled Charter, a refund of 75% of the fee paid shall be given
    • within a minimum of fifteen (15) days of scheduled Charter, a refund of 25% of the fee paid shall be given
    • within less than fifteen (15) days of scheduled Charter, no refund shall be given.

SECURITY DEPOSIT:

  • The Charterer agrees:
    • That the Owner shall have the right to charge a security deposit to the charterer as long as this is listed as a requirement on the listing presented on VBC system.
    • That he/she is responsible to pay the security deposit, if applicable, at the time of charter and only after the boat has been inspected by both the charterer and the owner.
    • To collect the security deposit from the Owner at the end of the charter when the boat and its content are checked and signed for by both parties to the charter agreement.
    • In case of disputes relating to the security deposit, VBC shall not be a party to this dispute and this need to be handled by the affected parties.

 

TERM:

  1. This Agreement is valid for the longest period between the period the Charterer is registered onto VBC system or the last charter event which the Charterer has

 

CONFIDENTIAL INFORMATION:

  1. The charter authorizes VBC to transfer the required personal information to the Owner at the time of booking.
  2. The term of this agreement is subject to Data Protection Legislation.

 

OTHER TERMS AND CONDITIONS:

  1. This Agreement constitutes its legal, valid and binding obligations enforceable in accordance with its term.
  2. Neither the execution of this Agreement nor the performance of any of its obligations or the exercise of any of its rights under this Agreement will conflict with or result in a breach of any law, regulation, judgment, order, agreement, applicable to it or cause any limitation placed on it or the powers of its directors to be exceeded.
  3. Each party shall cooperate with the other in the execution of this Agreement, including, without limitation, providing reasonable facilities and timely supply of products and access to products, data and information and personnel.
  4. VBC shall not be held liable for any event including any delays or non-performance directly or indirectly resulting from circumstances or causes beyond its reasonable control.
  5. If any of the terms and conditions of this Agreement should be or become unenforceable for any cause or reason whatsoever, the ensuing lack of enforceability shall not affect the other provisions hereof and in such event, the Parties shall endeavor to forthwith substitute said unenforceable provisions with new enforceable ones. The contents of the new provisions shall closely correspond to the contents of the old terms and conditions.
  6. If a dispute in relation to any legal action or proceedings arising out of or in connection with this Agreement or its implementation or effect is not resolved amicably, the parties shall refer the matter to arbitration in Malta under the rules provided in the Arbitration Act (Cap 387 of the Laws of Malta). The number of arbitrators shall be three (3), one arbitrator to be appointed by each of the Parties or, in default, by the Malta Arbitration Centre, whereas the third arbitrator shall be appointed by the first two arbitrators or, if they fail to agree on such an appointment, by the Malta Arbitration Centre.

This Agreement shall be governed by and construed in accordance with the laws of Malta.