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TERMS & CONDITIONS

YBA CREW members

 

Please read the following terms and conditions carefully before accepting them.  Reference herein to "You" means either/or the person creating a YBA Crew Member Profile (as defined herein) onto the System or otherwise using the System for the purpose of finding employment. Reference herein to "We", "Us" and/or "Our" means Yacht Book Agency, a limited liability company, with its principal place of business at 1815 Purdy Avenue Miami Beach, FL 33139.

 

1. Definitions

• Business Day means a day (other than a Saturday or Sunday) on which banks are ordinarily open for business.

• YBA Crew Member means any person who submits any information for use on the System.

• YBA Crew Member Profile means the personal profile and any other information provided by or otherwise uploaded by you including, without limitation, your CV.

• CV means in the case of each YBA Crew Member, the relevant YBA Crew Member's curriculum vitae, resume, or equivalent employment summary.

• Potential Employers means yacht owners and/or captains who may or may not be Members who contact us requesting YBA Crew Members’ CVs for potential employment.

• Members means the persons enrolled to the System or, as the context requires, any one of them.

• System means the online database, known as "Yacht Book Agency" for Yacht Book Agency Crew, as maintained and run by us.

• Yacht means the yacht on which YBA Crew Member(s) could be employed.

 

2. Service Description

Yacht Book Agency provides an introductory service to YBA Crew Members searching for a position in the yachting industry. YBA Crew Members submit a YBA Crew Member Profile on the online system, which is made available to potential employers. Any changes to these conditions must be agreed in writing between Yacht Book Agency and the YBA Crew Member. Yacht Book Agency provides exclusively an introductory service.

 

3. YBA Crew Members Rights and Obligations as per the Maritime Labour Convention (MLC), 2006

To work as a crew member, you need to be over the age of 16. There are limitations involved with working onboard between the ages of 16-18. YBA Crew Members aged 16-18 are unable to undertake any position in the Galley and other restrictions may apply to conditions of employment. Proof of age will need to be presented to Yacht Book Agency.

  

Yacht Book Agency will endeavor to assist you in your job search to the best of their ability. Yacht Book Agency does not use any means or mechanisms or lists intended to prevent or deter crew members from gaining employment.

 

To work as a crew member you need to be medically fit. Yacht Book Agency will request to view an original copy of a national statutory medical certificate (ENG1 or any other accepted national crew member medical).

 

You are responsible for ensuring that your personal information, as published on the System, is accurate and up to date. You warrant your YBA Crew Member Profile, including your CV and certification is true and correct and is an accurate summary of your education, employment and qualifications. You will need to provide copies of all your certificates and documents to Yacht Book Agency and all the necessary checks will be made to verify their authenticity and validity with the issuing training provider or national agency. We reserve the right to suspend, withdraw or otherwise make unavailable your YBA Crew Member Profile if any information contained therein is false or inaccurate.

 

You will need to provide Yacht Book Agency with copies of written employment references, with up-to-date contact information for those employment references, and accept that those referees may be contacted by Yacht Book Agency.

 

You understand and agree that should a security or criminal record check be required by an employer, you would see no impediment to that taking place.

 

You understand and agree that should a drug or alcohol test be required by the employer, you would see no impediment to that taking place.

 

Yacht Book Agency will inform you of your salary, leave allowance and benefits onboard to the best of their knowledge and will fully explain your rights and duties with regards of the vessel. As a crew member, you need to be aware that you are entitled to an employment contract. Yacht Book Agency will inform you of the contents of a standard Crew member Employment Agreement (SEA). Yacht Book Agency advises you that your final contract should contain a clause regarding repatriation to your point of embarkation, or a final destination mutually agreed by yourself and your potential employer. You should have the opportunity to examine and seek advice on your employment agreement and freely enter into the agreement.

 

 

4. YBA Crew Member Profile

You agree to, and unconditionally and unequivocally consent to:

 

(i) us providing your YBA Crew Member Profile, including without limitation, your CV, to any and all Members, and our 3rd party security company; and,

 

(ii) the use of any such information by any YBA Member and/or 3rd party security company. You hereby grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publish, disclose, process, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute, any content you have provided (including, without limitation, your YBA Crew Member Profile), in connection with the service or the use or promotion thereof.

 

We agree to allow you full access to your YBA Crew Member Profile, as maintained on the System, in order to enable you to view and edit your personal information. You expressly warrant that you will only upload information and data in respect of your own YBA Crew Member Profile.

 

We reserve the right at our sole discretion to remove, withdraw or require to be amended any information which we consider inappropriate, inaccurate, illegal, immoral, offensive, obscene or in respect of which we receive any complaint or objection. We further reserve the right at our sole discretion to decline to distribute or forward or to suspend or remove your YBA Crew Member Profile, CV or any part thereof.

 

If you do not access your YBA Crew Member Profile in any four (4) week period and click on the "check in" button, your profile will be considered dormant and, although your information will still be stored in the System, it will not appear in any YBA Member's search results. When you obtain employment, you should access your profile and click on 'no longer looking' under the 'Current Situation' link, which will make your profile dormant. You may re-activate your profile at any time by clicking on the "check in" button on your profile page.

 

If you wish to have your YBA Crew Member Profile temporarily unavailable to Members, you may do so at any time by indicating that you are not available for work in your YBA Crew Member Profile. If you wish to have your YBA Crew Member Profile permanently removed from the database, you may do so at any time by contacting us in writing, by email at info@yachtbookagency.com, in each case at the address provided on our website (www.yachtbookagency.com). You acknowledge that we may retain archived copies of any information you have previously provided notwithstanding the temporary or permanent removal of your YBA Crew Member Profile.

 

We agree to use reasonable endeavors to prevent your personal information from being accessed by parties other than us, Members and our third party security company. If, despite such efforts, any information is nevertheless accessed by a third party other than us, any YBA Member, or our security company, you hereby release us from any liability for any loss or inconvenience you may suffer in consequence of such unauthorized access and from any other consequences thereof howsoever caused.

 

We give no warranty or representation as to the suitability, performance or character of any Members who may use the System. Before accepting a position, you must undertake your own due diligence and exercise your own judgment as to the YBA Member's character and/or suitability.

 

In no circumstances shall we be liable (whether in contract or tort) for any loss of profits, your failure to secure employment, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered by you.

You agree to indemnify us in relation to any loss and/or damage suffered, including any direct, indirect, incidental, special, consequential and/or punitive damages, arising in consequence of your YBA Crew Membership or otherwise in consequence of your breach of any of your obligations under these Terms.

 

TERMS & CONDITIONS

TRAINING

 

 

1. Definitions

Training Courses are the short academic and vocational training attendance courses for the yachting industry as described in Yacht Book Agency’s published material, which Yacht Book Agency has agreed to supply to the YBA Crew Members.

YBA Crew Trainee an individual to whom Yacht Book Agency has agreed to provide training courses.     

2. Service Description

Yacht Book Agency Training provides short training courses to the yachting industry.  All training courses supplied to YBA Crew Trainees are subject to these Terms and Conditions and apply for each individual training class booked.  These Terms and Conditions are deemed as accepted on confirmation of the booking by a deposit payment.  Any changes to these conditions must be agreed in writing between Yacht Book Agency and the YBA Crew Trainee.            

                       

3.  YBA Crew Trainees Rights and Obligations 

Courses are accessible to all YBA Crew Trainees that meet the entry requirements for attendance.  Any YBA Crew Trainee who wishes to discuss any requirements that they may need to have in place are encouraged to notify the Yacht Book Agency Training office prior to the course taking place so that arrangements can be made. 

 

The minimum age to attend the short training courses is 16 years of age.  Some courses require YBA Crew Trainees to be at least 18 years of age as per the criteria established by the MNTB guidelines and the Maritime and Coastguard Agency (MCA), Royal Yachting Association (RYA), United States Coastguard (USCG) or any other accrediting organization.  A valid photo identification (passport or any national identification document) will be required on the first day of the course, and will need to be presented to the office on the first day of the course and to the instructor, as proof of ID and age.

Training courses which have course pre-requisites and/or sea time requirements can only be attended if those requirements are met.  Any certificates and sea time records will need to be confirmed by the YBA Crew Trainee at the time of booking, and documentary evidence presented on the first day of the course to office staff and/or to the training instructor.  Yacht Book Agency is not liable for any loss, damage, cost, expense or other claims incurred by the YBA Crew Trainee who cannot attend the course as result of inability to produce documentary evidence of the prerequisites or of sea time requirements.

The training courses that involve a practical component require the YBA Crew Trainee to be in good physical condition.  YBA Crew Trainees will be required to sign a health declaration at the beginning of the practical short training course and disclose any medical condition or relevant medical treatment to the instructor that may affect their participation in the course. For some courses, a valid ENG1 or any other accepted national crew member medical may be required and will need to be presented on the first day of the course to office staff and/or to the training instructor.  Yacht Book Agency Training is committed to ensure that all workplace environments, including classrooms, within its operations are both managed and used in a manner that is conducive to the safety.  

 

All of the Training Courses are delivered in English and it is the responsibility of the YBA Crew Trainee to ensure they have a sufficient level of spoken and written English to understand the course content and to pass any verbal or written assessments. Yacht Book Agency Training reserves the right to remove from a course any student who does not have a sufficient level of English, with no refund of the course fees. Please contact our offices if you have any doubts about the level of English required. All training courses have an attendance requirement.  Yacht Book Agency Training reserves the right to withhold the YBA Crew Trainee’s certificate if an absence of more than 10% of the required attendance time of the course is noted by the instructor. 

Attendance certificates will only be handed to the YBA Crew Trainee upon presentation of a valid photo identification.  Duplicate attendance certificates will be issued upon confirmation of attendance of the training course and presentation of a valid photo identification.

Only YBA Crew Trainees who have successfully completed the required education and training course for a particular subject will be eligible to take written examinations by presenting an attendance certificate issued by an approved training center.  YBA Crew Trainees shall respect the code of conduct established by those authorities during the examination.

Yacht Book Agency Training has complaints, appeals and malpractice/maladministration procedures to which you have access in the event any issues may arise.  You may contact us by email (info@yachtboookagency.com) if you need any further information.  

 

4. Bookings and Payments

The price for the short training courses is specified in the price list in the course brochure published at the time of booking. The price for the short training courses includes the cost of course materials, such as course notes and/or pre-study material.

We will be using the information you have given us to print your certificates.  If your details are not correct, there may be a cost involved if a replacement certificate is required.  Please complete your submission form correctly and check your personal details by logging on to your online account. The amount of the fee is dependent on the date of the issue of the original certificate.

Bookings are only confirmed by the payment of a minimum deposit of 50% of the full price of the course.  Any booking made without a deposit payment is considered an inquiry only and the YBA Crew Trainee will be placed onto a waiting list.

The 50% balance of the course fee must be paid no later than 7 calendar days before the course starts. If you are unable to make full payment before the start of the course, please contact your training agent.

If Yacht Book Agency Training increases the price of a course after you have paid the deposit, you will only need to pay the price of the course when you originally made the booking.  Yacht Book Agency will provide electronic/digital copies of course notes or pre-study material upon confirmation of the course booking, if relevant to that particular course.  YBA Crew Trainees are encouraged to bring a device to review the notes for the duration of the course. Yacht Book Agency and its platform operate as an online booking platform for the third-party training provider; the Terms & Conditions of the third-party training provider will apply. 

5.  Cancellation and Refund Policy

We deliver our courses as far as reasonably possible and will do our best to deliver all programmed courses. However, if we fail to meet minimum number of bookings, if there are poor weather conditions, instructor issues or other unforeseen circumstances, we reserve the right to cancel the course. We strongly recommend that you organize flights and accommodation only if you have received confirmation that the course is running. In the unlikely event we do so, you will be offered an alternative date.  All payments are non-refundable and non-transferable.

 

In the event your course was booked with a third-party training provider, the Cancellation & Refund Policy of the third-party training provider will apply. 

 

There are no cancellations or refunds on any of our learning courses.

 

6. Intellectual Property

Any intellectual property rights, including copyright, arising from or in connection with the delivery of the training courses, belong to Yacht Book Agency Training unless otherwise agreed in writing between Yacht Book Agency Training and the YBA Crew Member.

8.  Privacy

Yacht Book Agency Training shall protect the privacy of YBA Crew Members who book and attend the short training courses.  Please contact us by email (info@yachtbookagency.com) if you would like to receive a copy of our Privacy Policy. 

Any information given will be used according to the current Data Protection Laws and collected only with the explicit consent of the YBA Crew Member.  The information shall be held in a secure manner and not shared with any other organization unless the YBA Crew Member agrees.

Yacht Book Agency Training may receive requests to verify the validity of certificates, issued by us for courses you have attended, from crew placement agencies or national maritime authorities. Yacht Book Agency Training will only confirm or otherwise verify the validity of the information requested and will not share any information regarding the YBA Crew Member unless the YBA Crew Member agrees. The YBA Crew Member will be able to check the information held by Yacht Book Agency Training by contacting the main office. Any inaccuracies will be deleted or corrected promptly.

The YBA Crew Member information shall remain confidential and shall be disclosed to the extent that the information is required to be disclosed by law. Yacht Book Agency Training shall not share any of your contact details to any other organization or individual without the expressed permission of the YBA Crew Member.

The YBA Crew Member will retain the right of opting out of receiving any emails or any other publicity material from Yacht Book Agency Training.

 

General

  1. Liability

Yacht Book Agency Training is covered by relevant liability insurances.   Any requests for information regarding this insurance please contact us by email (info@yachtbookagency.com).

2.  Governing Law

These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the jurisdiction of the relevant competent court of law. 

 

TERMS & CONDITIONS

 UGC

(User Generated Content Terms of Use)

 

Yacht Book Agency Yachting (“Yacht Book Agency”) reaches out to social media users to seek permission to feature beautiful content on our various sites, social channels and promotional materials. You are reading this because Yacht Book Agency have requested your permission to use your social media content in this way. 

 

1. Introduction 

a) These Terms of Use ("Terms") describe the terms and conditions in relation to Yacht Book Agency use of content you have uploaded onto a third party social media platform ("Content"). 

b) The use of your Content is carried out by Yacht Book Agency LLC and/or its direct and indirect affiliates and subsidiaries (collectively, "Yacht Book Agency"). 

c) You consent to and acknowledge the use of any personal data associated with your Content by Yacht Book Agency on the terms of the Yacht Book Agency’s Privacy Policy. 

 

2. You and Your Content 

You should only grant us permission to use your Content, if the following conditions are met: 

i. You are 18 years or older; 

ii. If minors are depicted in your Content, you are a parent/guardian with legal responsibility for any minors depicted in the Content; 

iii. You grant permission for Yacht Book Agency to process and use your name, social media handle, image, likeness and/or other personal information in connection with using your Content as contemplated by these Terms; 

iv. You have permission from any and all third parties appearing in your Content for Yacht Book Agency to process and use their names, social media handles, images or likenesses and/or other personal information in connection with using your Content as contemplated by these Terms; 

v. You own or otherwise control the rights to use your Content and any and all elements contained within the Content; and 

vi. Your Content, and Yacht Book Agency's proposed use of your Content pursuant to these Terms, does not infringe or violate the rights of any third parties, including but not limited to intellectual property rights, copyright, trade marks, patent, defamation or confidentiality. 

 

3. Rights of use 

a) You shall at all times retain ownership of your Content. 

b) You hereby grant to Yacht Book Agency a non-exclusive, royalty-free, worldwide, sub-licensable right to use your Content by displaying it on any of Yacht Book Agency's websites, social media channels and/or in other advertising. 

c) Yacht Book Agency's rights set out above shall expire 3 years after your acceptance of Yacht Book Agency's request to use your Content. You may revoke Yacht Book Agency's rights to use your Content before the expiry of Yacht Book Agency's rights by mailing Yacht Book Agency stating that you no longer wish Yacht Book Agency to use your Content at: info@yachtbookagency.com.

d) If you revoke Yacht Book Agency's rights to use your Content as set out above, Yacht Book Agency shall stop using your Content within 20 days. 

 

4. You and Yacht Book Agency 

a) Yacht Book Agency is not required to use your Content, even if you have accepted Yacht Book Agency's request to use it. Yacht Book Agency may choose to use, use and stop using, reuse or not use your Content at any time. 

b) You acknowledge that Yacht Book Agency is not responsible for, and has no liability for, any use of all or any part of your Content outside of the uses contemplated by these Terms. You agree to release Yacht Book Agency, along with its respective officers, directors, employees, agents, licensees and successors from any and all claims that you or any persons acting on your behalf have or may have relating to the use of your Content in accordance with these Terms


 

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