MAKE AN OFFER - TERMS AND CONDITIONS

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Make an Offer Frequently Asked Questions

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, unless the context otherwise requires:

  • “APA” means Advance Provisioning Allowance, being the amount paid in advance to cover operational expenses during a Charter;
  • “Base Charter Fee” means the hire cost of the Yacht as specified in the accepted Offer, excluding all additional costs, taxes, and expenses;
  • “Card Authorisation” means a temporary hold placed on the Client’s payment card reserving the Deposit Amount without processing an actual charge;
  • “Charter” means the hire of a Yacht for a specified period and itinerary;
  • “Charter Contract” means the formal agreement entered into directly between the Client and Yacht Manager following acceptance of an Offer;
  • “Client” or “You” means the individual or entity submitting an Offer through the Platform;
  • “Counter Offer” means a revised proposal made by a Yacht Manager in response to a Client’s Offer, containing different pricing or terms;
  • “Deposit” or “Deposit Amount” means five percent (5%) of the total Offer Amount;
  • “Force Majeure” means any event or circumstance beyond the reasonable control of any party, including but not limited to acts of God, war, terrorism, civil unrest, government restrictions, pandemics, natural disasters, or other unforeseeable circumstances;
  • “Offer” means a binding proposal submitted by a Client through the Platform to charter a specific Yacht for specified dates and duration;
  • “Offer Amount” means the total monetary value proposed by the Client for the Base Charter Fee;
  • “Platform” means the Charter Index website and associated digital infrastructure;
  • “Service” means the Make an Offer service provided by Us;
  • “Terms” means these Terms and Conditions as amended from time to time;
  • “We”, “Us”, or “Charter Index” means Charter Index Limited and its successors and assigns;
  • “Yacht” means any vessel listed on the Platform available for charter;
  • “Yacht Manager” means the entity or individual responsible for managing and operating a Yacht and authorised to accept Offers on behalf of the yacht owner.

1.2 References to clauses are references to clauses of these Terms.

1.3 Headings are for convenience only and shall not affect the interpretation of these Terms.

2. NATURE OF THE SERVICE AND PLATFORM

2.1 Charter Index operates solely as a facilitation platform that connects Clients with Yacht Managers. We do not:

  • Act as an agent for Yacht Managers or Clients;
  • Directly offer, sell, market, or charter any Yachts;
  • Own, inspect, possess, or maintain any Yachts listed on the Platform;
  • Enter into Charter Contracts as a contracting party;
  • Bear responsibility for the physical condition, seaworthiness, or operation of any Yacht.

2.2 All Charter Contracts are formed directly between the Client and the Yacht Manager. Charter Index is not a party to such contracts and bears no liability arising from the performance or non-performance thereof.

2.3 The Platform enables Yacht Managers to list Yachts with unexpected availability, typically arising from last-minute cancellations, changes in owner usage patterns, or other unforeseen circumstances that create short-notice charter opportunities.

3. ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1 To use the Service, You must:

  • Be at least eighteen (18) years of age;
  • Have the legal capacity to enter into binding contracts;
  • Provide accurate, current, and complete information when submitting an Offer;
  • Possess a valid credit or debit card with sufficient available credit to cover the Deposit Amount.

3.2 You are responsible for maintaining the confidentiality of Your account credentials and for all activities conducted through Your account.

4. SUBMITTING AN OFFER

4.1 By submitting an Offer through the Platform, You:

  • Make a legally binding proposal to charter the specified Yacht on the terms stated;
  • Authorise a Card Authorisation for the Deposit Amount;
  • Confirm that You have read, understood, and accept these Terms;
  • Acknowledge that Your Offer demonstrates serious commercial intent.

4.2 Each Offer must specify:

  • The desired Yacht;
  • Proposed charter dates and duration (minimum periods may apply);
  • Intended charter region or cruising area;
  • The Offer Amount representing the Base Charter Fee.

4.3 You may submit multiple simultaneous Offers on different Yachts, provided each Offer is accompanied by its own separate Card Authorisation for the respective Deposit Amount.

4.4 Upon acceptance of any one Offer, all other pending Offers submitted by You shall be automatically cancelled, and all associated Card Authorisations shall be immediately released.

5. CARD AUTHORISATION AND DEPOSIT

5.1 A Card Authorisation is a temporary hold placed on Your payment card that reserves the Deposit Amount without processing an actual charge. The funds remain in Your account but are temporarily unavailable for other use.

5.2 The Card Authorisation:

  • Is required for all Offers to demonstrate serious intent and protect Yacht Managers from non-genuine enquiries;
  • Remains in place while the Yacht Manager reviews Your Offer;
  • Is only converted to an actual charge if Your Offer is accepted by the Yacht Manager;
  • Is automatically released if Your Offer is rejected, declined, or expires.

5.3 Following release of a Card Authorisation, funds typically become available in Your account within one to three (1-3) business days, depending on Your financial institution’s processing times.

5.4 You acknowledge that Charter Index is not responsible for delays in fund availability following authorisation release, as such timing is controlled by Your card issuer.

6. OFFER REVIEW AND RESPONSE PERIODS

6.1 Yacht Managers shall endeavour to respond to Offers within twenty-four to forty-eight (24-48) hours during normal business days.

6.2 Yacht Managers have a maximum period of seven (7) calendar days from Offer submission to accept, reject, or counter Your Offer.

6.3 Response times may be extended if Your Offer is submitted during weekends, national holidays, or other periods when Yacht Managers are not operationally available. Such delays shall not constitute a breach of these Terms.

6.4 If no response is received within seven (7) calendar days, Your Offer shall automatically expire, and the Card Authorisation shall be released forthwith.

6.5 You shall receive email notifications regarding Your Offer status, including acceptance, rejection, counter offer, or expiration.

7. OFFER ACCEPTANCE

7.1 Upon acceptance of Your Offer by a Yacht Manager:

  • The Card Authorisation is converted to an actual charge, and the Deposit Amount is debited from Your payment card;
  • You receive confirmation of the accepted Offer via email;
  • Your contact details are shared with the Yacht Manager;
  • The Yacht Manager’s contact details are provided to You;
  • You are obligated to proceed with direct coordination with the Yacht Manager to finalise Charter arrangements.

7.2 Acceptance creates a binding commitment between You and the Yacht Manager, separate from and independent of these Terms.

7.3 Following acceptance, You shall work directly with the Yacht Manager to execute a formal Charter Contract governing the complete terms of Your Charter.

8. OFFER REJECTION

8.1 If Your Offer is rejected by a Yacht Manager:

  • You shall receive notification explaining the decision;
  • The Card Authorisation is automatically and immediately released;
  • No charge shall appear on Your payment card statement;
  • You may submit a revised Offer if You wish, subject to a new Card Authorisation.

9. COUNTER OFFERS

9.1 Yacht Managers may, at their discretion, respond to Your Offer with a Counter Offer containing different pricing or modified terms.

9.2 Upon receipt of a Counter Offer:

  • You shall be provided with full details of the revised Yacht fee and associated costs;
  • You have the sole discretion to accept or reject the Counter Offer;
  • Your original Card Authorisation remains in place pending Your decision.

9.3 If You accept a Counter Offer with different pricing:

  • A recalculated Deposit Amount (5% of the revised total) shall be debited from Your authorised payment card;
  • If the Counter Offer amount is lower than Your original Offer, the excess authorisation shall be released;
  • If the Counter Offer amount is higher than Your original Offer, an additional authorisation and charge for the difference may be required.

9.4 If You reject a Counter Offer, the original Card Authorisation shall be released, and no charge shall be processed.

10. PRIVACY AND DATA SHARING

10.1 Your contact details, including but not limited to name, email address, and telephone number, shall only be shared with Yacht Managers if and when they accept Your Offer.

10.2 Such sharing is necessary to facilitate direct communication for finalising Charter details, coordinating logistics, and addressing special requests.

10.3 By using the Service, You consent to this limited disclosure of Your information to Yacht Managers whose Offers You have accepted or who have accepted Your Offers.

10.4 All data handling is subject to Our Privacy Policy, which is incorporated by reference into these Terms.

11. CHARTER SCOPE AND INCLUSIONS

11.1 The Offer Amount represents the Base Charter Fee only, which typically includes:

  • Yacht rental in full working order with proper marine insurance;
  • Crew salaries and crew provisions for the Charter duration;
  • Standard onboard equipment and facilities as specified in the Yacht listing.

11.2 The Service does not provide package holidays. The following are expressly excluded from the Charter unless otherwise specified in the Yacht listing:

  • Transfers to and from the Yacht;
  • Accommodation other than aboard the Yacht;
  • Flights and air travel;
  • Ground transportation;
  • Travel insurance.

11.3 It is Your sole responsibility to:

  • Arrange all travel to meet the Yacht at the agreed and contracted pickup location;
  • Bear all costs unrelated to the Yacht Charter itself;
  • Ensure timely arrival at the embarkation point.

11.4 Following Offer acceptance, You shall work directly with the Yacht Manager to:

  • Agree upon a suitable itinerary;
  • Complete charter preference sheets detailing food and beverage requirements;
  • Specify dietary preferences and restrictions;
  • Arrange optional activities and special provisions.

11.5 You acknowledge that certain activities, provisions, and special requests may incur additional charges, either through the APA or as separate costs, which shall be clearly outlined during the planning process.

12. CHARTER COST STRUCTURES

12.1 All-Inclusive Charters

12.1.1 Certain Yachts, particularly smaller catamarans and monohull sailboats, may offer all-inclusive pricing packages where rates depend on guest numbers.

12.1.2 All-inclusive rates typically cover within the Base Charter Fee:

  • Some or all meals and beverages;
  • Water sports equipment and activities;
  • Fuel expenses within specified parameters.

12.1.3 Dockage fees and taxes are usually billed as additional costs even on all-inclusive Charters.

12.1.4 Specific inclusions vary by Yacht and must be verified in the individual Yacht listing and Charter Contract.

12.2 Plus Expenses Charters

12.2.1 Plus Expenses Charters are common with larger sailing and motor yachts, where the Base Charter Fee covers only the Yacht rental itself.

12.2.2 All operational costs are billed separately, including but not limited to:

  • Food and beverages for guests;
  • Fuel consumption;
  • Dockage and mooring fees;
  • Port taxes and harbour charges;
  • Communications;
  • Special provisions and activities.

12.2.3 These expenses are typically covered through an Advance Provisioning Allowance (APA).

12.3 Advance Provisioning Allowance (APA)

12.3.1 The APA typically ranges from twenty-five to forty percent (25-40%) of the Base Charter Fee and acts as an expense fund to cover operational costs during the Charter.

12.3.2 The APA must be paid prior to Charter commencement and is managed by the Yacht captain, who maintains detailed records of all expenditures.

12.3.3 At the conclusion of Your Charter, the captain shall provide a complete statement of APA expenditures.

12.3.4 Any unspent APA funds shall be returned to You within a reasonable timeframe as specified in the Charter Contract.

12.3.5 If expenses exceed the initial APA during the Charter, You may be required to provide additional funds to replenish the APA.

13. TAXES AND ADDITIONAL CHARGES

13.1 For most Yacht Charters, local taxes or Value Added Tax (VAT) are NOT included in the Base Charter Fee and must be paid prior to Charter commencement.

13.2 Tax rates vary significantly by jurisdiction and destination, with some locations charging substantial VAT or local taxes whilst others may have minimal or no applicable charges.

13.3 It is Your responsibility to enquire about and understand the specific tax obligations applicable to Your chosen Charter destination.

13.4 The Yacht Manager shall clarify the exact tax obligations for Your chosen destination before You proceed to execute the Charter Contract.

13.5 You are solely responsible for all applicable taxes and charges, and failure to pay such amounts may result in cancellation of the Charter without refund.

14. CREW GRATUITIES

14.1 While crew gratuities (tips) are optional, it is customary within the yachting industry to provide a gratuity typically ranging from ten to twenty percent (10-20%) of the Base Charter Fee.

14.2 Gratuity amounts should reflect the quality of service received during Your Charter.

14.3 Gratuities should be provided to the captain for equitable distribution among all crew members, including personnel working behind the scenes such as engineers, sous chefs, and stewards.

14.4 Charter Index has no involvement in gratuity arrangements and makes no representations regarding appropriate amounts.

15. CLIENT CANCELLATION AND DEPOSIT RETENTION

15.1 If You elect to retract Your Offer after it has been accepted by a Yacht Manager, whether before or after execution of a Charter Contract:

  • Charter Index shall refund seventy-five percent (75%) of the Deposit Amount;
  • Charter Index shall retain twenty-five percent (25%) of the Deposit Amount to cover administrative processing costs, payment processing fees, and opportunity costs.

15.2 The retained portion (25% of the Deposit) represents liquidated damages, not a penalty, reflecting genuine pre-estimated costs and losses incurred by Charter Index.

15.3 Once Your Charter has proceeded to a formal Charter Contract, the cancellation policies and terms set forth in that Charter Contract shall govern cancellation of the remaining ninety-five percent (95%) of the Charter value.

15.4 You acknowledge that Charter Contract cancellation terms are determined by the Yacht Manager and may involve additional cancellation fees, charges, or forfeitures beyond the Deposit retention described herein.

15.5 Specific Charter Contract cancellation terms shall be provided by the Yacht Manager prior to contract execution.

16. YACHT MANAGER CANCELLATION

16.1 If a Yacht Manager cancels Your accepted Offer, whether before or after execution of a Charter Contract:

  • Charter Index shall refund one hundred percent (100%) of Your Deposit Amount;
  • No administrative fees or charges shall be deducted from the refund.

16.2 Once Your Charter has proceeded to a formal Charter Contract, the cancellation policies and compensation provisions set forth in that Charter Contract shall govern matters relating to the remaining ninety-five percent (95%) of the Charter value.

16.3 Charter Index bears no liability for compensation beyond the return of the Deposit Amount, and any additional compensation claims must be pursued directly against the Yacht Manager in accordance with the Charter Contract terms.

17. FORCE MAJEURE

17.1 In the event of a Force Majeure occurrence that prevents or frustrates the Charter:

  • Cancellation policies shall be governed by the terms of whichever contract is in force at the time (these Terms if pre-contract, or the Charter Contract if post-contract);
  • Charter Index shall refund Your Deposit in full without any deductions;
  • Charter Index shall absorb all administrative and processing fees;
  • You shall face no financial penalty from Charter Index for circumstances beyond anyone’s reasonable control.

17.2 Neither Charter Index, You, nor any Yacht Manager shall be liable for any failure or delay in performance of obligations under these Terms to the extent such failure or delay is caused by Force Majeure.

17.3 The party affected by Force Majeure shall notify the other parties promptly of the occurrence and expected duration of the Force Majeure event.

17.4 Force Majeure provisions relating to the Charter Contract itself and to the remaining ninety-five percent (95%) of Charter funds are governed exclusively by the Charter Contract terms.

18. REFUND PROCESSING

18.1 Deposit refunds authorised under these Terms shall be processed and paid within five to seven (5-7) business days following receipt and acceptance of cancellation notice.

18.2 Refunds shall be credited to the original payment card used for the Deposit transaction.

18.3 You acknowledge that while Charter Index processes refunds promptly, the actual crediting of funds to Your account may depend on Your card issuer’s processing times and is beyond Our control.

18.4 Business days exclude weekends and national holidays in the jurisdiction where Charter Index operates.

19. LIMITATION OF LIABILITY

19.1 To the fullest extent permitted by law, Charter Index’s total aggregate liability arising out of or in connection with the Service, these Terms, or any Offer shall not exceed the amount of the Deposit paid by You.

19.2 Charter Index shall not be liable for:

  • Any indirect, incidental, consequential, special, or punitive damages;
  • Loss of profits, revenue, business, data, or anticipated savings;
  • Personal injury or death occurring during any Charter;
  • Damage to or loss of personal property during any Charter;
  • Any breach of the Charter Contract by the Yacht Manager;
  • The condition, seaworthiness, safety, or operation of any Yacht;
  • The actions, omissions, negligence, or misconduct of any Yacht Manager or crew;
  • Failure of any Yacht to meet Your expectations or requirements;
  • Cancellation or modification of Charters by Yacht Managers;
  • Any disputes between You and Yacht Managers.

19.3 You acknowledge that Charter Index is merely a facilitation platform and that Your primary contractual relationship regarding the Charter is with the Yacht Manager, not Charter Index.

19.4 Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

20. INDEMNIFICATION

20.1 You agree to indemnify, defend, and hold harmless Charter Index, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms;
  • Your use or misuse of the Service or Platform;
  • Your Offer submissions or cancellations;
  • Any disputes between You and Yacht Managers;
  • Your Charter activities or conduct;
  • Your violation of any applicable laws or regulations;
  • Any inaccurate or misleading information You provide.

21. DISCLAIMERS AND WARRANTIES

21.1 The Service and Platform are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

21.2 Charter Index makes no representations or warranties regarding:

  • The accuracy, completeness, or reliability of Yacht listings or information;
  • The availability of specific Yachts at any given time;
  • The conduct, capability, or reliability of Yacht Managers;
  • The condition, safety, or seaworthiness of any Yacht;
  • Uninterrupted or error-free operation of the Platform.

21.3 You acknowledge that all Yacht descriptions, specifications, photographs, and amenity listings are provided by Yacht Managers, and Charter Index does not verify, inspect, or guarantee their accuracy.

21.4 It is Your responsibility to conduct appropriate due diligence regarding any Yacht and Yacht Manager before submitting an Offer.

22. GOVERNING LAW AND JURISDICTION

22.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

22.2 Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

22.3 You irrevocably submit to the jurisdiction of such courts and waive any objection to venue or forum.

23. DISPUTE RESOLUTION

23.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the matter through good faith negotiations.

23.2 If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue available legal remedies.

23.3 Nothing in this clause shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction.

24. AMENDMENTS TO TERMS

24.1 Charter Index reserves the right to modify, amend, or update these Terms at any time in its sole discretion.

24.2 Material changes to these Terms shall be communicated to You via email or through prominent notice on the Platform.

24.3 Your continued use of the Service following notification of changes constitutes acceptance of the modified Terms.

24.4 If You do not agree to modified Terms, You must discontinue use of the Service.

25. SEVERABILITY

25.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms.

25.2 The remaining provisions shall continue in full force and effect and shall be interpreted to give effect to the parties’ intentions to the greatest extent possible.

25.3 The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely approximates the intent and economic effect of the original provision.

26. WAIVER

26.1 No waiver by Charter Index of any breach or default of these Terms shall be deemed a waiver of any subsequent breach or default.

26.2 Any waiver must be in writing and signed by an authorised representative of Charter Index to be effective.

26.3 The failure or delay of Charter Index to exercise any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

27. ENTIRE AGREEMENT

27.1 These Terms, together with Our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between You and Charter Index regarding the Service.

27.2 These Terms supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter hereof.

27.3 In the event of any conflict between these Terms and the Charter Contract executed with a Yacht Manager, the Charter Contract shall prevail with respect to matters specifically addressed therein.

28. ASSIGNMENT

28.1 You may not assign, transfer, or delegate Your rights or obligations under these Terms without the prior written consent of Charter Index.

28.2 Charter Index may assign or transfer its rights and obligations under these Terms without restriction or notice to You.

28.3 Any attempted assignment in violation of this clause shall be null and void.

29. NO AGENCY OR PARTNERSHIP

29.1 Nothing in these Terms shall be construed to create an agency, partnership, joint venture, employment, or franchise relationship between You and Charter Index.

29.2 Neither party has authority to bind the other or to incur obligations on behalf of the other without prior written consent.

30. SURVIVAL

30.1 Provisions of these Terms that by their nature should survive termination or expiration shall survive, including but not limited to clauses relating to limitation of liability, indemnification, governing law, dispute resolution, and intellectual property rights.

31. NOTICES

31.1 All notices required or permitted under these Terms shall be in writing and delivered via:

  • Email to the address provided during registration; or
  • Registered mail to any physical address You have provided; or
  • Prominent notice on the Platform.

31.2 Notices shall be deemed given:

  • If by email: when sent to the email address on record;
  • If by registered mail: three (3) business days after posting;
  • If by Platform notice: upon posting.

31.3 You are responsible for maintaining current and accurate contact information.

32. FORCE AND EFFECT

32.1 These Terms take effect upon Your submission of an Offer through the Platform.

32.2 By submitting an Offer, You acknowledge that You have read, understood, and agree to be bound by these Terms in their entirety.

CONTACT INFORMATION

For questions, concerns, or notices relating to these Terms or the Service, please contact:

Charter Index
enquiries@charterindex.com
+44 208 741 3372