Terms and Conditions - Yacht Charter in Hong Kong

1.        Booking Generals

▪     Simpson Marine Yacht Charter is responsible to communicate with the primary CHARTERER who organized the charter only, no changes to the booking details shall be altered by instructions from any other person or member of the charter, unless the CHARTERER has sent Simpson Marine advance written notice, and which has been agreed by Simpson Marine Yacht Charter .

▪     The Captain and Simpson Marine Yacht Charter shall count the exact charter time/length, from the commencement of the agreed upon charter time, until the last member of the charter disembarks, as well unloaded all equipment and belongings ashore. All extra charter hours are subject to overtime charges.

▪     All payments in regards to foreseeable extra hours and/or fuel charges, are to be settled prior to the charter, directly with Simpson Marine Yacht Charter. No payments are to be made in any case, to the onboard crew. Crew members will not be held responsible for any cash payments. For any ‘on the day’ charges, credit card details will need to be provided over the phone to a Simpson Marine Yacht Charter’s administrator and will need to be approved before the charter will proceed. 

▪     A complete list of passenger names shall be submitted to Simpson Marine Yacht Charter two working days prior to the charter. This is a requirement of the Hong Kong Marine Department and may be requested at any time.

▪     A completed and signed Indemnity Form must be submitted by the charterer to Simpson Marine Yacht Charter, at least two working days prior to the charter. 

▪     No charter will be able to proceed without these forms being submitted and received by Simpson Marine Yacht Charter. 

▪     External and additional electrical equipment (eg. speakers, DJ equipment, etc.) are not permitted on any boats without prior approval and written acknowledgement to and from Simpson Marine Yacht Charter. Not all boats allow the loading of additional equipment, and some require a security deposit. Please ensure you have discussed this and received written approval before arranging any additional equipment.

▪     Simpson Marine Yacht Charter reserves the right to take photos during the charter, and use the photos for promotional purposes. If the CHARTERER does not wish to have photos taken and/or used, please advise Simpson Marine Yacht Charter in writing, prior to the charter.

2.        Embarkation and Destinations

▪     The CHARTERER and guests are to embark and disembark at the same point unless planned otherwise. If special arrangements have to be made, they should be discussed beforehand with Simpson Marine Yacht Charter, and such arrangements might incur additional costs.

▪     Some destinations may incur extra fuel charge based on their mooring location, the pick-up point, drop off point and destination request. Destination requests and any extra charges must be settled prior to the charter.

▪     The Captain has the right to change the destination if the weather is unfavorable, but shall communicate this with the CHARTERER, and provide the best options based on safety and comfort for all guests.

▪     The vessel is to remain within Hong Kong waters at all times, unless paper work and arrangements for international travel have been agreed upon and organized prior to the charter. 

3.        Catering Services

▪     Catering and drinks orders can only be arranged by Simpson Marine Yacht Charter with advance order of at least 10 calendar days before the charter. The CHARTERER shall settle full payment of the catering order at least seven (7) calendar days prior the charter. Once such order is confirmed by Simpson Marine Yacht Charter, no changes can be made.

▪     In case no catering service has been ordered by the CHARTERER, there will be no catering or kitchen accessories provided onboard, such as plates, cutlery, and cups. These items are the responsibility of the CHARTERER.

▪     In case the catering service is ordered through Simpson Marine Yacht Charter, the CHARTERER shall remain responsible for all catering and drinks ordered. Simpson Marine acts only as an agent on the CHARTERER’s behalf when booking such catering and drinks supplies.

4.        Payment Terms

Payment to Simpson Yacht Charter for this Charter Booking:

▪     Down Payment: 50% of the Charter Fee to be paid at signing of this Agreement;

▪     Balance Payment: The balance payment shall be paid no later than seven (7) calendar days before the Charter Period;

▪     In case of “last minute bookings” (less than 7 days before the Charter Day), then 100% payment shall be charged at charter confirmation;

Payments for Charter Fee shall be paid to the following bank account of Simpson Marine:

Name of Beneficiary:                       Simpson Marine Limited

Name of Bank:                                   HSBC

Bank Address:                                    Aberdeen Centre Branch, Hong Kong

Swift Code:                                         HSBCHKHHHKH

Account No:                                       182-051623-001 (HKD)

5.        Cancellation and Rescheduling Policies

Simpson Marine Yacht Charter should be notified immediately of any change or cancellation of the Charter Booking. The day when Simpson Marine Yacht Charter receives a written cancellation from the CHARTERER, it shall be considered “Date of Cancellation” and the following refund policy shall apply:

▪     50% of FULL Charter Fee (same amount of Down Payment) shall be retained by Simpson Marine Yacht Charter if any cancellation made, no deposit refund allow;

▪     Date of Cancellation is less than 14 days prior to departure date: 100% of FULL Charter Fee shall be retained by Simpson Marine Yacht Charter.

For re-scheduling requests:

▪     The CHARTERER must notify Simpson Marine Yacht Charter in writing at least 30 days before the charter day, or will otherwise be responsible for the full payment of the charter and any services booked.

▪     Any changes to the booking date will be subject to a $1000 administration fee.

▪     Rescheduled charter dates can be changed once only, and must be for the same vessel as originally booked.

▪     In the case of the CHARTERER not arriving at the agreed upon boarding pier within two hours of the charter start time, the charter will be considered cancelled. 

▪     If the CHARTERER requests to return to the pier before the appointed end time, no compensation for the remaining time will be given. 

6.        Weather

▪     If there is a change in the weather, the Captain has the right to choose the safest route to a destination and/or safe location to dock.

▪     The yacht would still set sail if typhoon signal no. 1 or rainstorm amber or red warning is hoisted. There will be no cancellation or postponement even if higher typhoon signal is lowered to typhoon signal no.1 or rainstorm black warning is lowered to rainstorm red warning two hours before the appointed departure time. When the CHARTERER requests to postpone the launch, the re-scheduled launch would only be accepted on a weekday regardless of the original departure day. The CHARTERER is also advised to keep close contact with Simpson Marine Yacht Charter.

▪     If typhoon signal no. 3 or higher is hoisted while sailing, the Captain can choose to sail the yacht back to the closest pier according to the Marine Ordinance, the safety of guests on board, and safety of the yacht. Under no circumstances will compensation be given in such situations.

▪     If typhoon signal no. 3 or rainstorm black warning is hoisted within 3 hours before the charter boarding time, Simpson Marine Yacht Charter will make arrangements with the CHARTERER to reschedule. No extra charges will be made for the rescheduling. No refunds will be made. Rescheduled date will be based on availability, and must be made within 6 months following the original charter date.

▪     If the yacht cannot reach the appointed boarding pier, the CHARTERER should board from a suggested alternative pier. Simpson Marine Yacht Charter will only compensate public traveling expenses between the appointed and suggested pier.

7.        Maximum Persons, Responsibility for Children, & Health of the Charterers

▪     The CHARTERER shall not, at any time during the Charter Period, allow more than the maximum number of passengers onboard according to the Operational License of the vessel.

▪     If children are taken onboard, the CHARTERER is solely and fully responsible for their conduct and safety.

▪     The CHARTERER is aware and acknowledged that the nature of the charter may be unsuitable for senior citizens over 70 years old, pregnant women, and people who are suffering from any medical or physical disability, high blood pressure, or heart condition. The CHARTERER shall advise such mentioned unsuitable types of guests to consult their doctors before getting onboard. If any health-related incidents happened during the Charter Period, it shall not be Simpson Yacht Charter’s responsibility and liability.

▪     Swimming and water sports are allowed at the CHARTERER’s own risk.

8.        Use of the Yacht

▪     The CHARTERER and guests shall at all times demonstrate full and proper respect to the Captain and Crew onboard;

▪     The Captain has the sole right for decisions made on board the Chartered Yacht regarding safety, and may issue certain instructions to staff and guests should such situation arise. The Captain reserves the right to control the music level on board. Following reckless or dangerous behavior, the Captain reserves the right to return to the pier.

▪     The CHARTERER and guests shall at all time be shoes-off when aboard the chartered yacht.

▪     The CHARTERER shall at all time ensure that all guests comply with the laws and regulations of the water the Chartered Yacht shall enter during the course of this Agreement;

▪     The CHARTERER shall at all time ensure that no pets or other animals or any potentially dangerous, obnoxious or disturbing animate or inanimate objects, goods or things are brought onboard;

▪     The CHARTERER and his guests shall at all time ensure that no illegal immigrants or unauthorized passengers are allowed onboard;

▪     Drugs, weapons and other illegal items are strictly forbidden onboard.

▪     In case illegal substances are discovered, the Captain shall immediately return to shore and shall file report to the police immediately. No refund or compensation for time lost shall be given.

9.        Insurance & Registration License

The Yacht Owner has bought necessary insurance & registration license for the Charter Yacht, that adequately cover and allow such yacht charter operations. Extra insurance can be arranged with extra charges.

10.    Dangers and Other Risks

The CHARTERER shall be liable for any damages, costs or losses caused to the Charter Yacht or any third party.

11.    Mechanical Breakdowns

▪     In case the engine fails prior to charter and cannot be repaired before boarding, Simpson Marine Yacht Charter will inform the CHARTERER as soon as possible. An alternative yacht shall be provided as quick as reasonably possible. If no such replacement yacht is available, a re-scheduled charter date shall be guaranteed within six (6) months of the original charter date. The CHARTERER shall take possession of any and all catering ordered for the original charter day, and shall re-order for the rescheduled date.

▪     In case such engine failure occurs during the charter, the Captain stall try his or her best to solve the problem on spot. If no immediate solution can be executed, the Captain shall make arrangements to take all guests ashore. Possibility of compensation, in form of a discounted additional charter, shall be discussed and agreed between Simpson Marine Yacht Charter and the CHARTERER on the first working day after the charter. The Captain's prioritized focus shall always be on the safety of the yacht and its guests, and will not be responsible for any negotiations with the CHARTERER.

Simpson Marine Yacht Charter Limited and Simpson Yacht Charter Limited places high importance on users' privacy, the following privacy policy describes how our company collects, handles, stores, shares and protects personal data. Our company may update or change this policy and these changes will be posted in our websites.  

Applicability of this policy

1.      This policy covers how our company treats personal data collected, including data related to the use of our website and company services. Personal data is defined as personally identifiable information such as your name, address, e-mail address or phone number, and information which are not publicly available.

2.      This policy has no legal force on companies which are not own or affiliated by our company and is not applicable to any person who are not hired or managed by our company.

Collection and usage of Personal data

1.      Your personal data will be collected during registration of an account in our company, use of our products or services, browsing the website of our company or our business partners.

2.      During registration, our company would ask for your name, email address, birth date, surname, position and profession etc. In using some of our products or services, our company would ask for other personal information such as telephone number, address, ID number and information related to your assets to identify you.

3.      Our company will receive and record server data automatically from your browser, including information and browsing record from internet protocol address (IP) and our company cookies.

4.      Our company will use information for the following general purpose: to provide you with products and services, to improve our service, for contact purpose, for research and reports purpose.

Your Privacy Rights

1.      In accordance with the terms of the Personal Data (Privacy) Ordinance (“the Ordinance”) and subject to exemptions specified in the Ordinance, any customer:

§  has the right to check whether our company holds personal data about him or her and has a right to receive copies of such data;

§  has the right to require our company to correct any personal data relating to him or her which is inaccurate;

§  has the right to ascertain our company policies and practices in relation to personal data and to be informed of the kind of personal data held by our company.

2.      In accordance with the terms of the Ordinance, our company has the right to charge a reasonable fee for processing a data access request.

3.      Requests for access to personal data, correction of personal data, information relating to the kind of data held and to stop receiving or re-start receiving direct marketing, please identify yourself with your name, contact number, e-mail and registered account detail and e-mail to our company.

E-mail Address: enquiry@simpsonyachtcharter.com

Disclosure and Sharing of Personal Data

1.      Our company would not rent, sell or disclose your personal data with other people or non-affiliated companies unless our company get your permission, or provide you with your requested products and services or in the following circumstances:

2.      The personal data might be shared to some cooperation partners which have good faith or have signed confidential agreement with our company. Those companies might use your personal data to inform you the product and service about our company or our partners. However, these companies have no independent rights to share your personal data.

3.      Our company respond to subpoenas, court cries or legal procedures or in response to formulate or exercising our legal rights, or defend the claims

4.      Our company thinks it is necessary to share relevant information to help investigate, prevent or take action on illegal activities, suspected fraud, or events involving or threaten to personal safety, and to prevent breaking terms of use of e-print or illegal behaviour. In receiving relevant aspects, the demand is according to the personal information (privacy) ordinance under article 58.

5.      If our company were acquired or merged by other companies, our company will hand over your relevant information. In this case, our company will inform you before the handover, and will be constrained by another piece of privacy policy.

6.      Our company sends out targeted advertisements according to the personal data. Advertisers (including advertising agencies) may assume all, who have interaction with the advertisement, watch or click the target advertisements meet the definition of target customers.

7.      Our company would not provide any users’ personal data to advertisers if you interact in or watch the target advertisement. However, by watching or interacting in the advertisement, advertisers may assume you meet the definition of target customers.

8.      Our company’s advertisers included yacht services related and non-yacht services related partners.

9.      According to the setting, our company will display your personal data in your online account. Meanwhile, our company may also display your account ID or username in some occasions (such as forum or lucky draws)

Transfer of Personal Data

1.      Our company may store, process and / or transfer the personal data to regions or countries out of Hong Kong. Data may be transferred to member companies or business partners of our company that selected carefully for data management and business purposes, especially for outsourcing institutions to handle the data.

2.      By browsing our company website or using the services, our company assume that you agree with our company to transfer your data to regions or countries out of Hong Kong.

Cookie

1.      Our company would access to your PC to set and get our company cookies.

2.      Our company would allow advertising agencies that launch advertisements in our website to access to your PC to set and get cookies. Privacy policy would be referred to those companies’ own privacy protection policy to use the cookies.

3.      When our company is undertaking jobs that related to our products or services, our company would use web beacons to extract and use the cookies.

Rights of modify and delete individual account data and preferences setting

1.      User can update his / her account data anytime, including preferences setting.

2.      Our company reserves the rights to send you information such as service notifications, administration notice or company newsletter, user do not have right to reject such information.

3.      User can delete his / her account in our company website.

Security of Personal Data

Our company thinks there are a reasonably need to contact you, to offer you products or services or our company employees have reasonable needs at work to access your personal data. Our company has a set of substantial, electronic procedural security measures to protect your personal data.