Terms & Conditions

1. Company Information

2. General Terms

2.1 Availability

All services are subject to availability. We reserve the right to decline any booking or service request at our discretion. Advance booking is recommended, particularly during peak season (June-September).

2.2 Pricing & VAT

All prices quoted are in Euros (€) and exclude Spanish VAT (IVA) unless explicitly stated otherwise. Current VAT rate of 21% applies to most services. Charter prices are "from" rates and may vary based on yacht selection, season, and specific requirements.

2.3 Payment Terms

• Payment terms: Net 15 days from invoice date
• Accepted methods: Bank transfer, credit card, cash (up to legal limit)
• Late payment may incur interest charges at statutory rate
• Third-party costs (marina fees, fuel, parts, etc.) billed separately at cost

2.4 Minimum Billing

Minimum billing periods apply to crew and engineering services (typically 4 hours). Partial hours rounded up to nearest billing increment.

2.5 Cancellation Policy (General)

• Crew services: 48 hours notice required
• Engineering services: 24 hours notice required
• Guardianage: 30 days notice required
• Charters: See Section 3.6 for specific terms
• Cancellation fees may apply for late cancellations

3. Charter Services

3.1 Booking & Confirmation

Charter bookings require a signed charter agreement and deposit payment. Booking is confirmed only upon receipt of deposit and signed agreement. We reserve the right to cancel unconfirmed bookings.

3.2 Deposits & Balance

• Deposit: 30% of charter price required to confirm booking
• Balance: Due 7 days before charter departure date
• Failure to pay balance may result in cancellation without refund
• Security deposit may be required for certain charters

3.3 Captain Authority & Safety

The captain has absolute authority over all safety decisions, including but not limited to: route selection, weather assessment, passenger conduct, and emergency procedures. Captain's decisions are final and not subject to dispute. Guest safety is paramount and takes precedence over itinerary preferences.

3.4 Weather & Itinerary

Weather conditions may affect planned itinerary. Captain reserves the right to modify route, timing, or cancel charter for safety reasons. In case of weather cancellation initiated by captain, full refund or reschedule will be offered. Itinerary changes due to weather are not grounds for refund.

3.5 Fuel Policy

Charter packages include specified fuel allowance. Fuel consumption beyond allowance will be charged at current market rate plus 10% handling fee. Fuel costs vary by itinerary, speed, and sea conditions.

3.6 Charter Cancellation Policy

3.7 Guest Responsibilities

• Follow all safety instructions and crew directions
• Declare any medical conditions that may affect charter
• Arrive on time for departure (late arrival may reduce charter time)
• Respect yacht property and equipment
• No smoking below deck (unless specifically permitted)
• Responsible alcohol consumption
• Supervision of minors at all times

3.8 Liability & Insurance

Yacht is fully insured for third-party liability. Guests are responsible for personal belongings and personal accident insurance. We recommend travel insurance covering cancellation and personal effects. Damage to yacht caused by guest negligence will be charged to guest.

4. Guardianage Services

4.1 Service Levels

Three service tiers available: Essential Watch (€350/month), Care & Systems (€650/month), Ready-to-Use Premium (€1,200/month). Each tier includes specified services as detailed in service description. Services performed according to agreed schedule and scope.

4.2 Access & Keys

Owner must provide necessary access (keys, codes, marina access) for service delivery. We maintain secure key storage and access log. Keys returned upon service termination. Owner responsible for notifying us of access changes.

4.3 Reporting

Monthly reports provided as per service tier (email update for Essential Watch, digital report with photos for Care & Systems and Premium). Immediate notification of urgent issues. Reports document condition, work performed, and recommendations.

4.4 Additional Services & Add-Ons

Services beyond included scope charged separately at published rates. Owner approval required for work exceeding €200. Emergency repairs may be performed without prior approval if necessary to prevent damage, with immediate owner notification.

4.5 Contract Term & Termination

• Minimum contract term: 3 months
• Termination notice: 30 days written notice required
• Monthly billing in advance
• No refund for partial months
• We reserve right to terminate for non-payment or access issues

4.6 Scope & Limitations

Guardianage is monitoring and basic maintenance service, not insurance or comprehensive yacht management. We are not responsible for: pre-existing defects, storm damage beyond reasonable prevention, theft (though we maintain security checks), mechanical failures, or issues outside agreed scope. Owner maintains yacht insurance.

5. Crew & Labour Services

5.1 Booking & Rates

Crew services booked by half-day, full-day, hourly, overnight, or delivery day. Published rates apply as per service type and crew position (Skipper/Captain, Deckhand, Steward/Stewardess). Minimum 4-hour billing for all services.

5.2 Travel Time & Expenses

• Travel time billed at 50% of hourly rate
• Transport costs (fuel, tolls, parking) billed at cost
• Accommodation required for overnight/delivery work, billed at cost
• Meals charged at cost or daily allowance (€30-€50/day)
• Travel time calculated from crew base to yacht location

5.3 Crew Qualifications

All crew hold appropriate certifications (RYA/MCA Yachtmaster, STCW, etc.) and are experienced professionals. Crew qualifications available upon request. We maintain professional standards and conduct regular training.

5.4 Insurance & Liability

All crew fully insured with professional indemnity and public liability coverage. Crew work under owner's yacht insurance policy. Owner responsible for maintaining valid yacht insurance. We are not liable for pre-existing yacht defects or owner negligence.

5.5 Cancellation

48 hours notice required for crew cancellation. Cancellations within 48 hours may incur 50% cancellation fee. Same-day cancellations charged at full rate. Weather cancellations at crew discretion with no charge.

6. Engineering & Maintenance Services

6.1 Service Rates

Engineering services charged at: €85/hour (standard), €320 half-day (up to 4 hours), €600 full-day (up to 8 hours), +20% for emergency call-outs outside normal hours. Rates include qualified engineer and basic tools. Specialist equipment rental charged separately.

6.2 Parts & Materials

Parts and consumables charged at cost plus 15% handling fee. Owner approval required for parts exceeding €500. We source quality parts from reputable suppliers. Original manufacturer parts used where specified. Parts warranty as per manufacturer terms.

6.3 Travel & Expenses

Travel time billed at 50% of hourly rate (€42.50/hour). Accommodation charged if required for multi-day projects. Specialist equipment rental at cost if needed for specific work.

6.4 Warranty & Liability

We warrant workmanship for 90 days from completion. Parts warranty as per manufacturer. We are not liable for: pre-existing defects, owner-supplied parts, work performed by others, consequential damages, or issues beyond scope of work performed. Diagnostic work charged separately and not refundable if repair declined.

6.5 Scope of Work

Written scope of work provided for projects exceeding €1,000. Owner approval required before commencing work. Additional work discovered during service requires owner approval before proceeding. We reserve right to decline work beyond our expertise or requiring specialist equipment.

7. Yard & Refit Support Services

7.1 Service Rates

Yard oversight charged at: €550/day (single day), €2,200/week (5-day week, €440/day), or project retainer (quoted based on scope and duration). Project retainers offer discounted rates and guaranteed availability.

7.2 Scope of Services

Services include: on-site presence during work hours, daily progress reports with photos, contractor liaison, quality control inspections, issue documentation and resolution, owner communication. We coordinate but do not perform physical work (subcontractors perform actual work).

7.3 Contractor Coordination

We coordinate subcontractors on owner's behalf. Owner contracts directly with yard and subcontractors. We verify work quality and progress but are not liable for subcontractor performance, delays, or defects. Owner responsible for subcontractor payments.

7.4 Reporting & Documentation

Daily reports provided during active work periods. Reports include: work performed, progress photos, issues identified, contractor performance, schedule status, budget tracking. Final handover documentation provided at project completion.

7.5 Limitations

We provide oversight and coordination, not project management or engineering services. We are not responsible for: subcontractor quality, project delays, cost overruns, design defects, or warranty issues. Owner maintains final decision authority on all work.

8. Yacht Management Services

8.1 Bespoke Service

Yacht management is comprehensive, customized service combining guardianage, engineering coordination, crew management, budget planning, and charter readiness. Service scope tailored to yacht size, usage pattern, and owner requirements.

8.2 Pricing Structure

Custom monthly retainer based on yacht size and service requirements. Typical range: €2,000 - €8,000+ per month. Retainer covers management services; actual work (repairs, crew, etc.) billed separately at standard rates or included in retainer as agreed.

8.3 Contract Terms

• Minimum contract term: 6 months
• Termination notice: 60 days written notice
• Annual review and adjustment of scope/pricing
• Monthly retainer billed in advance

8.4 Scope Flexibility

Service scope adjusted as needed based on yacht usage and owner requirements. Additional services beyond retainer scope charged at standard rates. Regular communication and reporting maintained throughout contract term.

9. Liability & Insurance

9.1 Our Role

Trident Seas coordinates and delivers professional maritime services. We are not: an insurer, a shipyard, a yacht manufacturer, or a warranty provider. We act in owner's best interest during emergencies and service delivery, but ultimate responsibility for yacht condition and operation rests with owner.

9.2 Our Insurance

• Professional indemnity insurance: €2,000,000 coverage
• Public liability insurance: €2,000,000 coverage
• Crew insurance: All crew fully insured
• Charter yacht insurance: Full coverage for charter operations

9.3 Owner Responsibilities

Owner must maintain: valid yacht insurance (hull, machinery, third-party liability), proper yacht registration and documentation, compliance with maritime regulations, safe yacht condition. Owner responsible for declaring all material facts to insurers.

9.4 Limitation of Liability

Our liability limited to direct damages caused by our negligence, up to maximum of fees paid for specific service. We are not liable for: consequential damages, lost profits, pre-existing defects, third-party actions, force majeure events, or damages beyond our reasonable control. This limitation applies to maximum extent permitted by Spanish law.

9.5 Indemnification

Owner agrees to indemnify and hold harmless Trident Seas from claims arising from: owner's negligence, yacht defects, non-compliance with regulations, failure to maintain insurance, or misrepresentation of yacht condition.

10. Dispute Resolution & Governing Law

10.1 Informal Resolution

In event of dispute, parties agree to first attempt informal resolution through good-faith negotiation. Contact our management team to discuss concerns before pursuing formal action.

10.2 Mediation

If informal resolution unsuccessful, parties agree to mediation before pursuing litigation. Mediation conducted in English or Spanish, in Sotogrande or mutually agreed location. Mediation costs shared equally.

10.3 Governing Law

These Terms governed by Spanish law, specifically Spanish maritime law and commercial code. Any litigation subject to exclusive jurisdiction of courts of Cádiz, Spain.

10.4 Language

These Terms provided in English. Spanish translation available upon request. In case of conflict between versions, English version prevails for interpretation purposes.

11. General Provisions

11.1 Entire Agreement

These Terms, together with any signed service agreement, constitute entire agreement between parties. Supersedes all prior discussions, representations, or agreements.

11.2 Amendments

We reserve right to amend these Terms at any time. Amendments effective upon posting to website. Continued use of services constitutes acceptance of amended Terms. Material changes notified to existing clients.

11.3 Severability

If any provision deemed invalid or unenforceable, remaining provisions remain in full force and effect. Invalid provision replaced with valid provision closest to original intent.

11.4 Waiver

Failure to enforce any provision does not constitute waiver of that provision or any other provision. Waiver effective only if in writing and signed by authorized representative.

11.5 Assignment

Client may not assign rights or obligations under these Terms without our written consent. We may assign to affiliated companies or successors in business.

11.6 Force Majeure

Neither party liable for failure to perform due to circumstances beyond reasonable control, including: severe weather, natural disasters, strikes, government actions, pandemics, or other force majeure events.

12. Contact Information