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Charteryachts,
clearinghouse and charteryacht brokers operate under some
very specific rules. Here, courtesy of the Virgin Islands
Charteryacht League (www.vicl.org)
are the Industry Policies and Procedures. These are the
standards under which Flagship operates.
Owner/Captain Bookings and Holds –
Owners/Captain’s are in control of the yacht calendar.
You must place dates for haul out, self-booking, owner
time, travel time, charteryacht show, maintenance, crew
vacation and the like on either hold or block. If you
request a hold, we will call you if an inquiry from a
broker comes in. You can decide if you wish to release
the time. If you place a Block on the time, you will not
be contacted regarding inquiry. Please supply the dates
of either the hold or the block, reason for the hold or
block along with beginning and ending ports.
If a broker already has a hold on the dates you are wishing
to block/hold, you must allow the broker a reasonable
amount of time to book those dates as he/she has already
offered your yacht in good faith. Four working days is
normally sufficient.
If you do not block or place holds on dates which you
do not wish to charter, these days will show open on your
calendar and will be offered to brokers. Flagship will
check with you for last minute bookings (within two weeks)
to make sure your crew hasn’t gotten some “project”
going. If Flagship, in good faith, books a charter for
dates showing open on your calendar you are expected to
fulfill the charter. If you cannot fulfill the charter
you are expected to pay the broker’s commission
since it is already and earned fee.
Since most bookings come from brokers, you are strongly
encouraged to work with them as much as possible.
Commissions - Although there are no
set commission rates, accepted industry standards are
15% of the charter fee and are earned at the time of
booking. Brokers will deduct the commission amount from
the funds sent to Flagship. If a travel agent is involved,
a 20% commission is standard. Some yachts are offering
a standard 20% commission to a broker not involving
a travel agent. This is your choice.
Cancellation/Refund Policy- Contracts
between charterer and yacht, which are prepared by the
broker (note: read all contracts carefully) should spell
out the conditions for refunds for deposit monies on
cancellation. If they do not, following is the industry-accepted
policy for deposit refunds:
- If the client cancels –
a charter deposit is considered an “earned fee”
by the yacht because the charter dates have been taken
off the market and reserved for the client’s
exclusive use. If the client cancels and the time
is not rebooked, the yacht is entitled to keep the
deposit. If some of the dates are rebooked, a prorated
refund will be issued. Since the broker receives the
entire commission upon booking, he/she will owe half
of that commission to the yacht should the client
cancel. This will mean both the yacht and the broker
earn half fees. If a travel agent is involved and
has taken commission, it is the broker’s responsibility
to obtain half of that commission for the yacht.
- If the yacht cancels – Flagship
will make every effort to find a suitable replacement.
However, if a replacement cannot be found or if the
client does not wish to accept the substitute vessel,
the deposit will be refunded. Regardless of whether
or not the client charters another vessel, it is the
yacht’s responsibility to pay the broker his/her
full commission, which was rightfully earned when
the charter was sold. However, just as brokers will
frequently ask yachts to allow a deposit to apply
to a rebooking when the client has to cancel for a
good reason it is hoped that if a yacht has to cancel
due to extenuating circumstances, a mutually acceptable
agreement regarding the commission can be reached.
- Mechanical breakdown – in
the event of a mechanical breakdown, a yacht has a
24 hour grace to repair the yacht or cancel the charter
(for refund policy – see above).
Should a dispute arise regarding a deposit/refund,
and none of the above apply, the dispute will be submitted
to an arbitration committee. This committee will be
comprised of one representative chosen by the broker,
one selected by the yacht and a third designated by
the other two arbitrators. The committee’s decision
is final and binding on all parties involved.
- Your rates – Rates for charters
in the Caribbean are based on a seven-night charter.
When referring to a charter, the terms “day”
and “night” may be used interchangeably,
but both refer to a 24-hour period running from noon
to noon. In an effort to minimize the confusion which
would be caused by frequent or random rates changes,
clearinghouses restrict rate increases to specified
time – February 1, May 1, August 1 and November
1. Rates are for a “season”. Winter season
runs from December 15 to May 14. Summer season is
May 15 to December 14. Holiday rates are often at
a higher rate (plus 10 –15%).
Most rates in the Virgin Islands are billed as “all
inclusive” with some exceptions. Please keep
Flagship current on any changes in the “all
inclusive” items on your yacht. These extra
items are not commissionable.
- Bar – usually included in
the Virgin Islands but may be extra on down island
charters
- Cruising Taxes – these are
paid to the BVI government and are currently $4.00
per person per day, $5.00 per person departure tax
plus a per cruise fee of $40 - $50 depending on the
length of your vessel.
- Fishing License – if your
client’s wish to fish in the BVI they must obtain
a fishing license. The license is currently $45.00.
DONOT FISH IN THE BVI without this license! Applications
can be retrieved on line at http://www.nwmangum.com/documents/BVIFishingApp.pdf
- Deadhead fees - fee to reposition
a yacht for a pick up in a location other than its
home base.
- Diving – may or may not
be included in a yacht’s rates. Inquire regarding
costs for rendezvous diving (a dive boat will pick
up and drop off your guests at a predetermined location)
- Dockage – if requested by
guests, it is normally at their expense
- Fuel – may be extra on large
power yachts and sports fishing vessels. In late 2005
fuel surcharges were added to many smaller power yachts
as the fuel costs escalated.
- When Do You Receive Your Money?
Deposits are held in escrow until ten days prior to
the charter date. At this time you will receive a
check of the deposit less commission. Final payments,
if received in advance, will be released the day of
the charter. If not received by Flagship, final payments
will be paid in cash or travelers checks upon boarding.
Cruising taxes, passenger fees, fishing licenses,
etc. are normally paid in cash during the charter.
Please arrange with Flagship your particulars as to
the disposal of this check. Flagship can deposit it
into your local checking account, wire it to you (a
wire transfer fee will be deducted), hold it for pickup
or mail the check to you. It is your choice.
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