Terms and conditions

1. Subject of regulation

1.1 This Agreement on the Use of APCharter Service (hereinafter referred to as the Terms of Service) regulates the relationship between users when using the APCharter Service developed by APCharter Company, and defines the rights and obligations of Users and APCharter Company.

Conclusion of this Agreement between the ‘Client’ and the ‘Company’ is carried out by means of the ‘Client's’ accession to the Terms of Service set out in the APCharter Service Terms of Use Agreement (acceptance of the Terms of Service as a whole) and is made by placing an application and further payment of the invoice (invoice). Partial acceptance or partial waiver of the terms and conditions set out in this Agreement is not permitted.

1.2 For the purpose of interpreting these Terms of Service, the following terms are defined:

‘Vessel’ - any floating vehicle, including boats, sailing and motor yachts, trimarans, catamarans and other small vessels not withdrawn from civil turnover;

‘Owner’ - the owner of the vessel or its authorised representative (charter company, private person, management company, etc.);

‘APCharter Online Service’ or “Aggregator” - a service providing services for collecting information on vessels, Owners and charter conditions;

‘Client’ - an interested individual or organisation searching for a vessel;

‘User’ - a client or other user of the APCharter service;

‘Programme’ - training, racing programme or mileage rolling carried out on APCharter yachts;

‘Company’ - APCharter having its registered office at Kārļa Ulmaņa gatve 123, Mārupe, Mārupes nov., LV-2167, Latvija/ LV-2167 Latvia, Kārļa Ulmaņa avenue 123, Mārupe.

1.3 The Company reserves the right to amend these Terms of Service at its own discretion and if necessary.

1.4 By using the APCharter service, the Customer confirms that he/she is over 18 years of age.

2 Use of the APCharter online service

2.1 Use of the APCharter online service is voluntary and free of charge for Customers. By using the APCharter online service, the Customer agrees to these Terms of Service in full. Partial acceptance and/or acceptance with reservations and/or limitations is not permitted.

2.2 Purpose of the APCharter Online Service

2.2.1 APCharter Online Service provides Users of the website www.apcharter.lv (hereinafter referred to as the Website) with an information platform, with the help of which a convenient and efficient search for ships according to the specified parameters is carried out. The User of the APCharter online service can access the required information on the Site, check availability and availability of vessels for given dates, and place a request for vessel hire.

2.2.2 APCharter online service provides Clients with an opportunity to book (reserve) vessels of interest free of charge.

2.2.3 Vessel hire applications are transferred automatically from Clients to Owners.

2.2.4 Signing of contracts (charter contracts for the use of the vessel and/or other agreements) takes place directly between the Owner and the Client. In some cases, if necessary, it is possible to conclude a contract for the selection of the vessel and/or the drawing up of the itinerary: ‘Client’ - ‘Company’ upon additional agreement and according to the form of the Company's Contract.

2.3 Rules for placing an application for hire in the APCharter online service

2.3.1 The Client selects the vessel in which he is interested by clicking the Book button;

2.3.2 The request is sent to the Owner (pre-booking) and, as a rule, the vessel will be reserved for the Client for a period of 24 hours to one week (option), depending on the season. Availability is not guaranteed until the Client has received confirmation of the yacht's availability and has made a final booking.

2.3.3 Once the Owner has confirmed the availability of the vessel of the Client's choice, a booking confirmation form will be sent to the Client with all details. If the chosen vessel is not confirmed by the Owner - the Client is notified about the cancellation of his preliminary booking (option).

2.3.4 An invoice is sent to the Client together with the booking form. To finalise the booking, the Client is obliged to pay the amount of the first instalment, which is normally 50% of the booking, unless otherwise agreed in the Owner's charter contract. After making the payment, the Client sends to the Company's e-mail a confirmation of payment (bank payment order or electronic receipt of payment). The Owner shall be notified of the receipt of payment from the Client who has reserved the vessel.

2.3.5 The remaining 50 per cent of the application amount shall be paid by the Client 30-45 days prior to the charter start date, unless otherwise agreed in the Owner's charter contract.

If the booking is confirmed less than one month prior to the charter start date, the full amount of the booking shall be paid by the Client at the time of booking confirmation, unless otherwise agreed in the Owner's charter contract.

2.3.6 Upon receipt of full payment according to the placed application Voucher with details of the vessel hire (or Boarding Pass), contact person at the charter site and contact telephone numbers (Base Information), are sent to the Client by e-mail by the Company Manager. The Client must print out the documents and have them with him during the acceptance of the vessel at the Owner's premises. Upon acceptance of the vessel, the Owner shall give the Client the original charter contract or other similar booking agreement.

2.3.7 The Client shall send information about all passengers (crew-list): full name, date of birth, passport number, skipper's licence and radio operator's licence and any other information required by the Owner. If the Client wishes to charter the vessel without a skipper, at least 14 days prior to the commencement of the charter.

2.3.8 In case of cancellation of the application due to the Client's fault, the prepayment made is not refunded, the service of selection, booking and prepayment of the vessel is considered to be rendered. Additional conditions for cancellation are defined in section 10 of these Terms of Service.

2.3.9 All additional terms and conditions regarding payment terms, the possibility of changing the vessel and other conditions are defined in the charter contract between the Owner and the Client.

2.4 Price, form of payment, security deposit

2.4.1 Informing Clients about the Owner's services posted on the APCharter online service is free of charge for Clients. All subsequent arrangements, charter contract with the Owner will be made by email, telephone or other means of communication specified on the Site.

2.4.2 The Client may pay for the Owner's services on application by bank transfer according to the invoice (invoice) issued by the Company in accordance with clauses 5.3-5.4 of these Terms of Service.

2.4.3 Upon signing of the charter contract (or other similar agreement) and prior to acceptance of the vessel, the Client shall pay a security deposit to the Owner to partially guarantee compensation for any accidents, breakages, cracks and other damages, as well as to pay for other fees of the Owner such as maintenance and cleanliness of the vessel and possible delays in the return of the vessel. Details and the amount of the security deposit are specified in the charter contract with the Owner.

2.4.4 The security deposit can be paid by credit card or in cash at the place of acceptance of the vessel - upon prior agreement with the Owner. The place of acceptance of the vessel and contact details of the charter company and its representative are indicated in the Booking Confirmation or e-mail by the Company Manager.

2.4.5 The security deposit will be returned to the Client after the Owner has inspected the vessel and confirmed its proper condition. In case of damages and/or other losses caused by the Client to the Owner, they shall be reimbursed at the expense of the security deposit, and in case of insufficiency of the security deposit - in the claim and court procedure according to the Owner's requirements.

2.4.6 If the Owner's charter contract (or other similar agreement) does not contain an obligation to pay the security deposit, the Client shall not pay it.

2.4.7 The Company shall not be responsible for the return of the security deposit from the Owner to the Client and shall provide advisory services.

2.5 Transfer of the Vessel

2.5.1 Prior to acceptance of the vessel, the Client is entitled to inspect the vessel with the Owner's representative in order to check that the vessel and its equipment are in good operating conditions. Once the vessel has been handed over to the Client and operation has commenced, the Client thereby recognises that the vessel is in good condition and has been accepted by him. The Client shall independently inspect the vessel for the absence (presence) of damage and sign the check-in act.

2.5.2 The vessel shall be handed over to the Client with a full supply of water, fuel, battery and engine oil, which shall also be returned in full, unless otherwise stipulated in the Owner's charter contract (or other similar agreement). A bilateral certificate of inventory of the equipment on the vessel shall be signed between the Owner and the Client.

2.5.3 The Vessel shall be handed over to the Client even after the end of the hire by the Client at the place specified in the Owner's charter contract (or other similar agreement).

2.5.4 Any delay in handing over the Vessel through the Client's fault will not result in an extension of the hire period.

2.5.5 If the transfer of the vessel is delayed due to bad weather conditions, no reduction in the hire price or extension of the Owner's charter contract (or other similar agreement) will be granted.

2.6 Vessel Replacement Option

2.6.1 Vessels are chartered by category, class and size. In rare cases the Owner has the right to provide the Client with a vessel better or comparable to the vessel specified in the Owner's application or charter contract in terms of size, year of manufacture, etc. in case the vessel specified in the Owner's application or charter contract is not in a condition suitable for further operation due to accident or breakdown. Upon agreement with the Client, at the initiative of the Owner, a replacement with a vessel of lesser value is possible with the difference returned to the Client less the bank commission, if the original vessel has been paid for.

2.7 Return of the vessel

2.7.1 Failure to return the vessel on time will result in a charge of double daily rate for each day of delay, as well as any possible penalties that the Owner may claim as a result of the delay in delivery of the vessel. Weather conditions do not justify a late return to the home charter base.

2.7.2 The Vessel shall be returned at the same location and on the dates specified in the Owner's charter contract (or other similar agreement), except where the specific terms thereof indicate otherwise.

2.7.3 At the time of return, the condition of the Vessel will be inspected by the Owner, including the equipment and the absence of malfunctions and breakages, tears, breaches or cracks. Maintenance and cleanliness will also be checked, as will the level of the fuel and water tanks to ensure that they are full. Following the inspection, the Client agrees to take a signed inspection report (Check Out sheet) from the Owner. Any costs identified by the Owner during the acceptance of the vessel and its equipment necessary to bring the vessel to the condition it was in at the time of handover will be deducted from the Client's security deposit, the Company is not authorised to settle disputes between the Client and the Owner in case of damage or other disputes between the parties.

Rights and obligations of the Users and the Company

3. Participation in APCharter programmes

3.1 The essence of the programme is agreed with the participant in advance and confirmed at the time of invoicing.

3.2 By taking part in a regatta or other event on APCharter yachts the participant automatically accepts the conditions of participation of the organisers of the regatta or other event. Partial acceptance and/or acceptance with reservations and/or restrictions is not permitted.

3.3 The possibility of overnight stays on board is agreed with the APCharter representative in advance and is not available for every programme. Bed linen is not provided. Participants must bring their own sleeping bag.

3.4 The cost of the programme includes the hire of the yacht (as a whole or together with other participants), the services of a professional skipper/instructor, filling in the logbook.

3.5 The logbook itself is not included in the price and must be purchased separately. The possibility of purchase is to be agreed with the APCharter representative in advance.

3.6 The dates of the programme are agreed with the participant in advance and confirmed at the time of invoicing.

4.1 Client Responsibilities:

4.1.1 When placing an application for an Owner's vessel, the Customer must provide accurate, current and complete information. It is the Client's responsibility to independently verify that the information provided on the application is accurate and current. APCharter maintains the confidentiality of personal data. Necessary personal data, including contact details and passport details, will only be passed on to third parties (Ship Owners, port services, transport companies, etc.) if this is necessary for the fulfilment of the charter contract.

4.1.2 The Application is executed in the name of the Client. The Client's application is not subject to use (assignment, transfer) in favour of third parties.

4.1.3 The Client is responsible for all actions related to the use of the APCharter service and when placing an application for chartering a vessel or participating in the programme.

4.1.4 When ordering a fleet of several vessels or other individual conditions, such conditions shall be agreed with the Company on a contractual basis by e-mail or via the feedback form on the Website.

4.1.5 The Client has the right to enter into an agreement with third parties, for example for the management of the yacht. The Company is not liable for these agreements or their consequences.

4.2 Responsibilities of the User:

4.2.1 All Users of the APCharter service are responsible for their content (content of posted information). Users assume all risks associated with content that is not up-to-date and/or inaccurate.

4.2.2 The User may not impersonate another person. Without prior agreement with the Company, the User may not act on behalf of another person, provide an email address that does not belong to the User, or issue a charter contract to another person or organisation.

4.2.3 The User declares that he/she is of legal age, legal capacity and has the legal ability to use the APCharter service and visit the Site.

4.2.4 Participants are solely responsible for their own safety on the water and ashore and nothing shall diminish their responsibility. It is up to the participants to decide whether their vessel, captain and crew are prepared to sail in the conditions they will encounter. By going to sea, competitors confirm that their boat is suitable for the surrounding conditions and that they are qualified to sail and race in those conditions. No action of the organisers shall reduce the level of responsibility of owners and/or participants, nor make the organisers liable for any damage, loss, death or injury, however caused, arising out of participation in the programme.

4.3 Responsibilities of the Company:

4.3.1 The Company undertakes to maintain the APCharter service, to ensure that users have access to the APCharter service in accordance with the Company's technical capabilities.

Information about vessels, their description and availability, placed in the APCharter online service, is displayed on the basis of data provided by Owners and Aggregators. The Owner is responsible for the accuracy of the data provided.

4.3.2 The Company provides the service of collecting money in favour of the Owners in payment for their services, including tariffs, expenses and fines. No commission is charged from the Clients for the said services.

4.3.3 The Company has the right to modernise and improve the APCharter service, carry out technical and regulatory works on the Site.

4.3.4 The Company reserves the right to change, update, discontinue or delete information on the APCharter service or the Site at any time without prior notice whenever it is deemed reasonable or necessary in the interests of the Company and the safe operation of the APCharter service or the Site.

4.3.5 The Company may collect and store information about Customers and Users of the Site.

4.3. 6 The Company shall not be financially or otherwise liable for ‘force majeure’ such as events, acts, omissions, errors, accidents and natural disasters, including strikes, lockouts, labour disputes, ban on air travel in a given destination, changes in visa regime, unforeseen increase in transport fares, riots, insurrections, blockades, invasions, wars, epidemics or pandemics, fires, explosions, sabotage, storms, accidents, groundings, fog, governmental acts or regulations, bankruptcy of contractors, subcontractors or their criminal acts, serious mechanical and electrical damage or any other extraordinary events.

5. Cancellation of Services. Cancellation of an application

5.1 In the event of cancellation, the terms, amounts and timescales set out in the Owner's charter contract (or other similar agreement) will prevail for the purpose of deciding on reimbursement of costs incurred.

5.2 In case of cancellation of the order on the Client's initiative, the Owner is entitled to withhold the full amount of the advance payment. The advance payment in this case shall not be returned to the Client.

5.3 In cases where the Vessel Owner or the Company refunds the advance payment, the payment will be returned to the Client less bank charges.

5.4 The Company draws attention to the fact that under the Contract with the Vessel Owner there may be situations where, in the event of cancellation less than 45 days prior to the commencement of the charter, the Owner demands from the Client a refund of the full charter price. In this case, upon cancellation of the charter contract, the client is obliged to pay the missing amount up to the full charter price plus the ordered additional services (skipper, ferrying of the yacht, etc.). Otherwise, the Owner reserves the right to apply to the judicial authorities at the location of the claimant and to place the Client on the black list of charter companies.

5.5 Cancellation of the service must be expressed in writing through the Client's customer service at the email address of the personal manager from APCharter. The Client undertakes to inform the Company immediately of the cancellation decision as soon as such decision has been made.

5.6 The Company informs the Client of the possibility to take out an insurance policy for the cancellation of the trip and insurance for the security deposit paid. In order to obtain this service, please additionally indicate the need for the policy when placing a request to search for a vessel.

6. Right of cancellation

6.1 Failure of the Client to comply with the payment deadlines for the placed and confirmed request is the basis for cancellation of this Agreement and suspension of the Client's service in the APCharter service in accordance with these Terms of Service. The Company shall notify the Client of the cancellation in writing and the amount of money paid shall not be refunded to the Client in such case.

6.2 Unauthorised use of the Vessel, breach of the terms of use set out in these Terms and Conditions and/or breach of the law shall be grounds for automatic termination of the Owner's charter contract (or other similar agreement), this Agreement and termination of the Services.

7.Rules for the use of the Vessel

7.1 The Client will use the Vessel in accordance with the applicable laws of the country in which it is located. The Client assumes full responsibility for any possible infringements that may occur during the use of the Vessel.

7.2 The Client is fully responsible in all cases for deciding whether the sailing conditions are safe for him and/or his guests.

7.3 The Client accepts full responsibility for himself, all his guests, children or other persons going to sea with his authorisation.

7.4 The Client's document requirements, definition of authorised navigation areas, crew requirements, detailed technical information about the vessel, additional costs and other services not included in the hire price are specified in the Owner's charter contract (or other similar agreement). The Company is not responsible for the requirements made by the Owner to the Clients and the terms and conditions of the Owner's charter contract (or other similar agreement).

7.5 The Client is advised to familiarise himself with the vessel's specifications, the Owner's charter contract and the Owner's price list in advance of the voyage and to be aware of the costs of moorings, port charges, local taxes and entrance fees to national parks and local attractions. The Company is not responsible for incidents that may arise in connection with this.

8. Claims

8.1 A claim by the Customer must be made in writing or electronically at the time of the voyage or on receipt of the Vessel from the Owner. A claim concerning the technical condition of the vessel must be signed by the Client and a representative of the charter base and sent to the Owner under a valid charter contract no later than 3 days after the end of the voyage. A copy of the claim should be sent for the collection of statistics regarding Owners to the e-mail address info@apcharter.lv.

9. Jurisdiction and applicable law

9.1 All disputes between the Owner and the Client shall be governed by local law and on the basis of the signed charter contract with the Owner (or other similar agreement).

9.2 For disputes regarding interpretation or jurisdiction, the designated disputes will be subject to the jurisdiction and competence of the maritime authorities.

9.3 In all other matters not regulated by these Terms of Service, the relations between Users and the Company regarding the use of the APCharter Online Service shall be governed by the laws of the Republic of Latvia. Disputes arising in connection with the use of APCharter online service shall be considered in accordance with the current procedural legislation of Latvia in the court at the location of the Company. The pre-trial procedure for submitting claims to the Company is obligatory. The deadline for responding to a claim is 30 days.

10. Privacy Policy

10.1 Securities Broker appreciates the trust of the Clients when making a preliminary application for the hire of a vessel. For this reason, the Company constantly protects the privacy and confidentiality of your personal data. The information obtained on the Site will be treated as personal confidential information.

10.2 The Company's strict security procedures are designed to prevent misuse and unauthorised access to personal data. The Company maintains personal data files which include personal data obtained when processing applications and feedback forms, the purpose of which is statistical information for sending promotions and for maintaining the relationship between the Company and Users.

10.3 The Client, after confirming the application, guarantees that his information is used for the purposes described above. If the Company receives the relevant information, the Company has the right to publish reviews and photos of Users related to the use of the APCharter online service. The Company reserves the right to unilaterally inform about promotions, discounts and offers for yacht charter through the contact details left by the Client. The Client has the right to refuse such information by notifying the Company in writing.

10.4 The personal data received is also transferred to Owners located abroad (international data transfers). By placing an application the Client consents to the transfer of his personal data to the Owners of the vessels for the purposes and tasks specified above. These Owners may be located anywhere in the world.

11.Intellectual Rights and Use of Content

11.1 All intellectual rights in the APCharter website are owned by the Company.

12.2 All images, logos and text on the Site belong to the Company. Images, logos and information relating to vessels belong to their respective Owners. These images, logos or information may not be reproduced in whole or in part without the consent of their Owners.

13. Use of cookies

13.1 The APCharter Service uses ‘cookies’, visit counter and other ways of collecting non-personally identifiable data (such as Google Analytics or Yandex.Metrika).

13.2 ‘Cookies’ are text files, temporary or permanent, and are used to identify, track sessions and maintain specific information about users of the Site, such as site usage preferences. The information that the APCharter online service receives from these ‘cookies’ is completely anonymous.

13.3 Using this information, the APCharter service may analyse the behaviour of visitors to the Site, the use of patterns and the structure of the Sites. In this way, we can improve our services in the future, such as content, personalisation, and make the Site or the APCharter online service more user-friendly.

13.4 APCharter Company and online service does not use tracking tools or collect personal information secretly, without the visitor's (user's) consent, and does not send the information to third parties or marketing platforms or link this information to personal information.

14. Marketing Materials

14.1 From time to time, the Company will contact Customers by email with new information about APCharter service features and Owner offers. Emails are sent from the email address info@apcharter.lv. This address is the official communication channel between the Client and the APCharter service. The Customer has the right to refuse to receive such newsletters at any time by sending a corresponding letter to the Company's e-mail.

15. Contacts

SIA APCharter,

Reģ. Nr. 40203426506

Kārļa Ulmaņa gatve 123, Mārupe, Mārupes nov., LV-2167, Latvija

Current account: LV27PARX0028045600001

Bank: CITADELE BANKA AS

Bank code: PARXLV22