Crew Terms and Conditions
ATLANTICO YACHTING CREW TERMS & CONDITIONS
By giving your confirmation, putting a check mark on the check box, you are indicating you agree with our terms and conditions. The following agreement is written for candidate’s advice, guidance and potential employment protection. We ask that you accept our Terms and Conditions before the process starts, not to inconvenience you, rather to make sure that there are no surprises and so that you end up a satisfied crew member.
Atlantico Yachting provides decoration consultancy and interior equipment purchases consultancy for clients, also yacht chef training for experienced and qualified yacht chef candidates from all over the world and interior crew placement for the Luxury Super Yachts and Mega Yacht Industry. You acknowledge that you do not acquire any rights to reuse the content, layout and data in any manner. Use of the website and its data is governed by these terms and conditions. The data presented by the company is protected under international copyright laws.
The company makes all reasonable efforts to ensure that the information presented to Employers is accurate prior to forwarding information to an employer; however, due to the fact that the data is being entered by individual crew members from various locations, it is agreed that no guarantee as to the accuracy of information presented is expressed or implied.
Definition of Terms
- Company, Atlantico, Us, We, Our, Crew Agency: Atlantico Yachting, as Deniz Kurt Gorsev an Italian Registered company which provides decoration consultancy and interior equipment purchases consultancy for clients, also chef training for experienced and qualified yacht chef candidates from all over the world and interior crew placement for the Luxury Super Yachts and Mega Yacht Industry.
- Crew, Crew member, Candidate, You, They: Any person or company submitting their information on the website, making verbal presentations to Company personnel, or otherwise indicating their desire to find employment through the Company.
- Registration: The process undertaken by crew seeking work to submit their details to the company.
- Employer, Client : Any person or corporation requesting crew from the Company, the Employer can be the owner of the yacht, owner’s representative, the captain or any crew member or yacht management company, yacht management company employee or agent acting on behalf of the owner. Atlantico does not employ crew.
- Website: The Company website www.atlanticoyachting.com
- Job order: A request to find crew received by Company personnel.
- Submitted or Submittal: The forwarding of or presentation of candidates from the Company to the Employer by any means.
- Permanent: Any position which does not have a fixed end date or full time and fixed term permanent placements exceeding 7 months.
- Seasonal: Any position which has a fixed end date of employment exceeding 2 months but less than 7 months
- Temporary: Any position which has a fixed end date of employment less than 60 days.
- Validity: These terms and conditions are valid until amended by the company and can be amended at any time.
- Crew Coordinator: Company staff who match crew to specific job criteria.
- MLC: Means the International Labour Organisation (ILO) Maritime Labour Convention (MLC,2006)
Atlantico Discrimination Policy / Blacklist Policy
- Atlantico Yachting is a Interior Crew Training, Placement and Consultancy Agency which operates in a non discriminatory manner across gender, sexuality, race, religious beliefs, age and disability. We welcome all applications from people of all backgrounds.
- Atlantico does not operate a ‘blacklist’ of any kind.
- Crew members after giving their confirmation put a check mark on the check box they are indicating they agree with our terms and conditions. Indicate their agreement with these Terms which also indicates they have read and understood them. If crew members choose not to accept these Terms and will not be able to register and be represented by us.
- Atlantico screens candidates, checks resumes, interviews candidates, checks references and confirms availability (except as previously noted) as part of our service. But cannot be responsible for the actions of candidates after hiring.
- Atlantico does not employ crew. It is the Employer responsibility to hire the crew. Atlantico does not make any payment to Crew. After the commencement of the business relationship between the Crew and the Employer, the Crew and the Employer are responsible to each other in terms of any material and moral demands arising from the business relationship between them. No liability can be attributed to Atlantico for failure to fulfill these obligations.
- No crew member / candidate will be charged for registering or being represented by Atlantico. The fee incurred during the recruitment process is solely paid by the client
- Crew members are not required to assist the yacht with any payments to ensure employment.
- Atlantico makes sure that candidates are equally offered opportunities to the positions available through the crew coordinator.
- We offer candidates help and advice regarding the presentation of their CV, career advancement, interview techniques and personal presentations, advice for training, future training and any other assistance we can reasonably give.
- All information contained within the CV is to the best of crew member’s knowledge correct
- All the qualifications and references uploaded are crew’s property and the information contained within is correct and not been falsified or edited in any way by Atlantico.
- Crew members agree to us using any information on their CV or in the documents uploaded to be used by us for the purpose of gaining their employment as we see fit.
- You further agree that this information may be distributed by the Company to former Employers, prospective Employers and other parties without your knowledge for the purposes of finding you employment, verifying your experience, verifying your certifications or any other purpose deemed appropriate by the Company. You agree to indemnify and hold harmless the company from any damages caused through any misrepresentation or error made by you.
- Crew members are required to take original copies of all their documentation on board with them for the clients records / inspections once they gain employment.
- Atlantico makes sure that candidates are informed of their rights and responsibilities before joining a yacht.
- Atlantico will be available by email 24/7 for placed candidates and their families.
- Atlantico brings together the employer and a candidate suitable for their demands. The Employer / Client has the authority and responsibility for the employment of the crew and for the fulfillment of legal responsibilities.
Seafarers Rights :
- Under the MLC 2006 Legislation, Crew members as a seafarer are entitled to the following by all clients which are MLC 2006 Compliant. You can reach the original manuscript of MLC for detailed information from here.
- Crew member’s contract should be written in English and contain information on employment agreements, wages, hours of rest, entitlement to leave, repatriation, compensation for a ship’s loss or foundering, manning levels, career and skills development, employment opportunities
- Crew member should receive, as a minimum, employment contract via email prior to joining the client so they have the opportunity to read their contract before signing it
- Having signed their contract you are entitled to a copy of it
- The following contains some of crew member’s key rights but is not limited to:
- 2.5 days of holiday per calendar month
- 10 hours of rest per 24 hours and 77 hours of rest per 7 days
- Repatriation to your home country
- Suitable accommodation and recreational facilities
- Health and social security protection benefits
A full and detailed breakdown of your Seafarers rights can be found here
- Atlantico has made necessary enlightenment to employer/ employer's representative and crew candidate about making the agreement in written form. In the case of not making the agreement in written form or in case of non-fulfillment of Social Security and Tax Liabilities in recruitment despite our enlightenment, Atlantico does not have any responsibility. Atlantico informs the crew candidate about MLC 2006 and informs crew candidates of the possible problems of signing on to a vessel flying a Flag of State which has not ratified the MLC 2006.
- Should crew members become employed through a client of Atlantico’s that we have placed them into then we will ask from the yacht management company and/or yacht to send a copy of the signed contract of crew member to us for our records. If this is against the boat's policy we will require an email confirming from the yacht that the crew have received their contract, have signed it, and have a copy with it.
- There is an 18-month period of cooperation between Atlantico and the crew, starting from the date of crew member's employment. Atlantico will represent the Crew in all employment processes to be established by the employer who employs the crew through providing the crew a new occupation with another employer or recommending the crew to the third parties. As explained with the examples, in case of a job offer from a 3rd person/client/company/captain/yacht to the crew in regard to the employment relationship between the employer and the crew, the crew will immediately notify Atlantico. If a new employment is provided as a result of the representation relationship, Atlantico will charge a placement fee from the new client. Otherwise If the crew let the situation happen and not notify Atlantico, the Crew will be charged the applicable placement fee for the new employment in accordance with the fee policy.
- Atlantico does not determine the salary of the crew member, nor does it negotiate the salary of the crew member with the client. Atlantico only informs the crew member the current industry salary range. It is the crew member's responsibility to discuss and negotiate salary with the employer. No responsibility can be attributed to Atlantico for the salary of the crew member.
- The Employer is responsible for all travel and incidental expenses in getting the candidate to and from the yacht.
- Atlantico just gathers crew candidates and employer/ employer's representative, however there is no relation on the basis of Labor Law between crew candidate and Atlantico. For this reason, Atlantico is not legally answerable for the fees that are not paid to crew and occupational health and safety of crew. All responsibility in this regard belongs to the employer or employer's representative.
- The client agrees to take full responsibility and ensure that they have Protection & Indemnity cover to protect seafarers from being stranded in a foreign port. If not, the client agrees to take full responsibility and ensure that they have other insurance cover to protect the crew member. The client / employer or employer's representative is exclusively responsible for the safety and right to life of the crew candidate, after he/she joins the crew. Atlantico accepts no liability for this matter.
- All liability, whether in contract, tort or otherwise, for any loss, damage, cost or expense, is hereby excluded to the fullest extent permitted by law.
- At Atlantico Yachting we pride ourselves on our crew friendly policies. We aim to provide crew with an open transparent service that supports both our clients and the crew we introduce. If you feel we have fallen short of these high standards then please be assured that we will take your concerns seriously.
- If you have a complaint about Atlantico, please write to Deniz Kurt Gorsev at: Atlantico Yachting- Via Frigirola 1, COMO Lombardy -ITALY Alternatively, you can email to email@example.com outlining your concerns. On receipt of your complaint. We will send you a letter or email, acknowledging your complaint and confirming its receipt. You should expect to receive this confirmation within 7 working days of us receiving your complaint. We will then record your complaint in our central register and start to investigate on your behalf. This is likely to involve the following steps:
1. Examining your records to ascertain the sequence of relevant events
2. Asking the member of staff with whom you dealt to provide a written response
- A full response to your complaint will be drafted by Deniz Kurt or the crew coordinator who is dealing with your file. If appropriate, Deniz Kurt may wish to discuss the events surrounding your complaint directly with you, and, if appropriate, offer an apology.
- We aim to acknowledge, investigate and resolve all complaints within 21 working days of receipt. If you are dissatisfied about any aspect of the way in which your data is processed you may, in the first instance refer the matter to: firstname.lastname@example.org
ATLANTICO RESERVES THE RIGHT TO CHANGE OR AMEND OUR COMPLAINTS PROCEDURE WITHOUT PRIOR NOTICE.
Updating Your Profile
You agree to keep your profile up to date. Should it have been 1 year since you updated your personal information on the portal formed on our website ,we will send you an email acknowledging the situation. If no update entered within 1 month after notification date, your data will be destroyed irreversibly.
- You are solely responsible for all communications or contents made on the Atlantico Yachting website with your login credentials. Atlantico Yachting has the right, but not the obligation, to correct any error or omission in any content, as determined, at its own discretion.
- Atlantico Yachting respects the intellectual property of its members and requests its users and members to do the same. If you believe that your work is being copied in such a way that violates your intellectual property rights, please contact the Atlantico Yachting as soon as possible.
- All rights of reproduction of texts, images, logos, and any element of the pages of the Atlantico Yachting website cannot be reproduced, as a whole or in part, without specific and prior consent of Atlantico Yachting.
- Any copy, in part or as a whole, for advertising or commercial purposes, on any medium whatsoever, is strictly prohibited and/or is subject to the prior written consent of Atlantico Yachting. Any request for authorization to copy must be sent to: email@example.com
- We, as Atlantico Yachting, follow a company policy that respects your personal data.