• Lease – Charter Terms:

    Panama Sailing Company S.A in Panama commits itself to do the agreed sailing, providing the services included in the price list 2017 for its yachts sailing in the Panama water Sea.

  • Delivery:

    Panama Sailing Company S.A. will bring the reserved boat with the utmost care to the place and at the time agreed, a boat ready to sail, complying with the laws of the Country where it is expected to sail. In case Panama Sailing Company S.A. does not provide the boat at the agreed appointment, the client will have the right to be refunded for the days not enjoyed or, at his choice, to extend the charter period for so many days as those delayed, provided that immediately after the end of the charter period first agreed, the boat is free from next charter bookings and except for the delay is due to circumstances beyond one’s control as listed in clause “Bad Weather and Breakdowns”.

  • Deposit:

    the client shall pay a deposit, to be given at the moment of the balance of charter, it being understood that the client commits himself to refund for possible damages caused to the boat, whose cost is higher than the deposit. The boat is provided in perfect conditions and with perfectly functioning equipment. Should the client notice possible malfunctions and/or damages just after boarding, he shall immediately report them to the skipper, as at the end of charter any damage will be charged to the last users. In case the client does not cause damages to the boat, the deposit will be completely repaid via bank transfer within 15 days after landing.

  • Compulsory Crew:

    the relationship between the client and the crew shall be marked complies with the utmost respect between the parties. No other crew is admitted. Tipping in not mandatory but “no tip” means dissatisfaction with the service. Normally is expected a minimum tip of 5% up to 15% of the charter cost.

  • Harbour Change:

    in case the client wants to board or land in a different harbor than the one established by Panama Sailing Company S.A, the schedule can be modified only if the said change will not compromise the following charter schedules. The departure and arrival dates shall not be different from the agreed charter dates and the possible costs related to the change will be charged to the client who shall pay at the balance and anyway before boarding.

  • Passengers:

    in addition to the crew, the boat shall not carry a number of people higher than 8 (eight). All passengers shall have valid identity documents. In the case of daily charter the passenger number can increased after Panama Sailing Company S.A. agreement.

  • Itinerary Choice:

    consistently with weather conditions, docking safety, sailing time and limits of the boat and circumstances beyond one’s control, the client has the power to ask to the skipper to change the itinerary, but this can’t be considered a right. Anyway, it is understood that the Captain will have an unquestionable decision right, being the person responsible for the safety of people and sailing.

  • Laws in force:

    clients shall guarantee the observance of the laws. In case one of the passengers infringes the laws in force, all expenses and fees related to his infringement will be exclusively at his charge. In case the said infringements causes the confiscation of the boat or any other impediment to the charter activity, the contract shall automatically terminate and the client, besides loosing the lease amount in full, shall be bound to pay for all subsequent damages. The possession of firearms, drugs, explosives, and so on, is strictly forbidden.

  • Sub-lease and commercial sailing:

    the client can’t sub-lease or transfer the contract to other people as well as he can’t pretend to use the boat for purposes different from pleasure. In case of non-fulfillment, the contract shall immediately terminate, without any refund right.

  • Breakdowns:

    in case during the lease period the boat suffers breakdowns which can’t be ascribed to the client and which compromise the use of the boat for a period longer than 48 hours in succession (franchise), Panama Sailing Company S.A. shall refund to the client the daily charter rate not enjoyed exceeding the franchise period or it shall agree upon a delay equal to the period not enjoyed, always except for the said franchise period. In case the time necessary to repair the boat exceeds 4 days besides the franchise period of 48 hours, the client will have the right to ask for the resolution of the contract and the refund of the charter days not enjoyed. Every time there is a breakdown causing the impossibility to use the boat for more than 48 hours, the client is bound to draw up a report about the event together with the skipper.

  • Sport Activities:

    Dive with bottles it is forbidden inside the archipelago of San Blas. For other sport activities the client expressly releases Panama Sailing Company S.A. for any accident or problem rising from the sport activities.

  • Bad Weather:

    Panama Sailing Company S.A. does not take any responsibility for delays in the availability, departure and return of the boat or for the interruption of the cruise due to bad weather or provisions of Marine Authority. In these cases, the charter contract shall anyway run on, even if the boat can’t be moved for many days.

  • Functioning Costs:

    Panama Sailing Company S.A. will bear all costs for the good functioning of the boat such as water, oils, third party liability insurance, Casco insurance, and it will provide boats with complete safety equipments, cooking tools, bed linen and cleaning tools. On the other hand, the client shall pay for eventually harbor and customs costs, mooring, visa, air tickets and transfer, for everything not expressly preview as included.

  • Payment Methods:

    to book the charter, the client shall pay 30% of complete charter cost, and the remaining 70% at least 30 days before boarding. In case the client makes his booking during the 30 days before boarding, he shall pay 100% of the due amount. For payments with foreign currency, the exchange rate of the payment day shall be applied.

  • Attention:

    non-payment or delayed payment of the balance due at least 30 days before boarding will imply the cancellation of the reservation without further notice and without the right for the client to ask for the refund of 30% paid at the moment of reservation.

  • Contract Rescission:

    Panama Sailing Company S.A. can rescind the contract giving notice to client at least 30 days before the boarding date and refunding the client for the 30% he paid, without interests. In case the communication is done during the 30 days before boarding, Panama Sailing Company S.A., besides the refund of the amount already received, shall pay a penalty equal to 20% of the said amount, unless the cancellation should be due to natural disasters or technical problems of the boat which don’t allow the charter service onboard. It will be faculty of Panama Sailing Company S.A. to return the paid amount or to propose an alternative boat. The client can choice whether to accept the first or the second solution. In case the client wants to rescind the contract: if he gives communication at least 30 days before expected boarding date, he will loose the guarantee deposit equal to 30% of the charter cost he paid, if he gives communication during the 30 days before boarding, he shall pay to Sailing Company S.A. the full charter cost as agreed in the contract. The violation of payment terms will cause the resolution of the contract by right, without necessity to bring a default action against the client, and with the right of Sailing Company S.A. to require its fulfillment; the non-reply of the client shall be deemed tacit release with the consequences provided by the contract rescission. All communications relative to the present clause shall be done via DHL/FEDEX/UPS courier with receipt. The courier departure receipt date shall be proof of the date of posting.

  • Brokerage:

    in case the present contract should not produce its effects or should be cancelled, brokerage right shall be anyway paid in full. The broker shall in no way be deemed responsible neither for any non-fulfilment in the execution of the present contract by one of the parties nor for any consequence.

  • Disputes:

    every and any dispute about the interpretation and fulfilment of the present contract shall be submitted to the exclusive jurisdiction of the Panama Court.