Client Terms and Conditions
ATLANTICO YACHTING - CLIENT TERMS AND CONDITIONS
By giving your confirmation, putting a check mark on the check box on our ‘I’m looking for crew’ form or simply visiting our website , contacting us via email, phone or whatsapp and asking a crew member, you are indicating you agree with our terms and conditions. These may be changed at any time without notice. The following agreement is written for 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 client.
Atlantico Yachting provides galley design and equipment purchase 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 a Deniz Kurt Gorsev is an Italian Registered company which provides galley design and iequipment 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: Any person or company submitting their information on the website, making verbal presentations to Company personnel, or otherwise indicating their desire to find employment – chef and/or stewardess positions- through the Company.
- Registration: The process undertaken by crew seeking work to submit their details to the company.
- Employer, Client, You : 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 Yachting 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 Crew Training, Recruitment 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.
Employers after filling our ‘I’m looking for crew’ form and/or contacting us by email and/or by phone, 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 the employer chooses not to accept these Terms and will not be able to fill out the form and/or receive our services.
- It is agreed that the Employer appoints Atlantico to provide resumes of crew to be considered for employment, and agrees to pay for services rendered.
- Atlantico screens candidates, checks resumes, interviews candidates, checks references and confirms availability 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.
- 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.
- Before crew are entered into Atlantico’s database system, Atlantico guarantees a series of interviewing methods, which have taken place to ensure that the crew is up to the Super Yacht standards and that they hold the current tickets required for the position. We forward resumes, reference checks and written references of each applicant with photo attachments to you by e-mail.
- 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.
- You, the employer, agree to hold as confidential the identity of the candidates submitted by the company and further agree not to pass on or otherwise distribute resumes or contact information for applicants received from the company to any other person, or corporation other than for the purposes of reference verification and employment suitability verification. Any violation of this cause is a breach of the agreement. In the event of a breach of this clause the company will be entitled to charge you the equivalent permanent placement fee had they been employed by you for each candidate forwarded to a third party.
- The company assumes no authority to hire crew on your behalf. 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.
- Our recommendation does not constitute a warranty that the crew member is a perfect match for your program and the liability for the costs associated with interviewing, hiring and whenever necessary, repatriating crew members rests solely with the employer. Atlantico highly insists that all employers conduct detailed interviews and verifies all licensing and reference information before extending an offer of employment to any candidate.
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.
- 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.
- For fleet managers, additional yachts in your fleet would count as a “third party” and a fee would be payable should you submit the resume to another vessel in your fleet.
- You warrant to indemnify and hold harmless the Company for any breach of data protection regulations caused by your failure to secure private information provided during this transaction with the Company and further warrant to return or destroy all resumes forwarded to you from the Company upon request.
- Under the MLC 2006 Legislation, Crew member as a seafarer are entitled to the following by all clients which are MLC 2006 Compliant
- 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
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 candiates 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 to 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.
- An Introduction fee will be charged for any candidate that is employed as a consequence of or resulting from an introduction by Atlantico (whether direct or indirect) within 18 months from the date of the Introduction.
- Atlantico does not pay the chefs. We ask that our clients pay the chefs directly on an hourly, daily or a monthly basis at a rate and frequency agreed with Atlantico prior to the commencement of their engagement.
- For full time and/or fixed term Permanent placement (exceeding 7 months) Atlantico’s introduction fee is 6 weeks of the candidate net salary and is paid by the employer to Atlantico against an invoice.
- For Seasonal Placement (exceeding 2 months but up to 7 months) introduction fee is 1 month net salary of the candidate and is paid by the employer to Atlantico against an invoice.
- For Temporary Placement, agency fee is 25% of the accumulated salary for the period of employment. (daily, weekly or monthly basis-can be called temporary-up to a 2 (two) month period) and is paid by the employer to Atlantico against an invoice.
- The client will be invoiced for the Introduction fee at any time after the candidate’s engagement has been confirmed by the client and/or on the day our contract is signed. Atlantico asks that the introduction fee must be paid within 14 days of the date of invoice or before the engagement commences whichever date comes first.
- If all payments are not received within 14 days a fee of 2.5 % interest per day will be charged to the current invoice. Any late payments longer than 30 days could jeopardise warranty. All legal rights of Atlantica are reserved in case of delays in payment lasting more than 30 days. Also, Atlantico may unilaterally suspend the Client's service credits arising from this contract.
- The client is liable to pay the bank charges for the payment of the placement fee.
- For permanent and seasonal placements, we need at least seven (7) work days to select the right candidate for you. Although the selection process runs more flexibly for temporary placements, we will be more efficient and effective in finding the right candidate for you if you inform us about your crew requirement sooner.
- Many yacht crew work as a team with their partner. The company reserves the right to charge a second placement fee for the partner when the crew coordinator makes the employer aware of the team status during the initial introduction.
- You can organize a trial cooking for permanent or seasonal chef placements to decide about the right chef candidate for your needs. Trial cooking can be organized only for a single day or two days. You pay the candidate on a daily basis. The daily fee requested by the candidate for the trail cooking will be notified to you. Transportation and accomodation costs (airways-train-bus-taxi-airport transfer-hotels) of the candidate are fully under your responsibility. In a single day or two day trial cooking, you can try your chef candidate for lunch or dinner, or request both lunch and dinner. The chef candidate will prepare menus for you according to the cuisine you prefer to try, or the name of a meal. The candidate will inform you of the budget of shopping and organize the shopping. You must allocate the necessary budget for shopping, provide your vehicle driven by your chauffeur or taxi expenses to the candidate. Even if the candidate resides in your town/city, you should organize the candidate’s accommodation when you decide to try the candidate for two days. You are required to make daily payments for the trial cooking to the chef candidate. Atlantico does not charge any agency fees for trial cooking. The client needs to pay the chef and we offer no free trial cooking on any type of our placements.
- When a candidate has been chosen it is the employer’s responsibility to inform us by email within 48 hours of the conditions of employment; Must include candidates name, Position filled, Start date and monthly/weekly or daily salary.
- Good client discounts are available for multiple placements within the same 12 month period. 1st placement-full fee, 2nd placement- 10% discount, 3rd placement 20%discount, 4 placement or more – 30% discount.
- To receive the “good client” discount the invoice must be paid within 14 days of the crew members arrival on board. Failure to pay invoices by the due date will result in the loss of “Good Client” discounts and/or warranty.
- There are no quantity discounts available for temporary and seasonal placements.
- All fees paid are non-refundable. Agency fee is the name of the fee given to the agency's service of finding the right candidate, entering advertisements in its own database and world's cv pools, screening and selecting candidates, conducting interviews, checking all references, and handling paperwork. It arises at the stage of choosing the right candidate. It is not a fee based on the performance of the person preferred by the employer after being hired. Therefore, the agency commission is non-refundable under any circumstances.
- Atlantico finds suitable crew candidates for client’s demand and recommends the candidate to client. Client has sole discretion over employing the candidate. Atlantico has no responsibility if it is seen that he / she is not a suitable candidate after a crew candidate is hired In the event of finding the candidate employed insufficient or dismissing him/her from employment, no refund can be requested from Atlantico.
- For permanent placement, we offer Permanent Crew Placement Service Credits. Atlantico allows the yacht a 60 days probation period with the crewmember. If the crew member does not work out within the 60 days probation period and the crew member hired leaves prior to 60 days without cause or is terminated with cause a full credit will be made to the employer’s accounts for use against any future placement up to 365 days from the date of invoice.
- For seasonal placement, we offer Seasonal Crew Placement Service Credits. Atlantico allows the yacht a 30 days probation period with the crewmember. If the crew member does not work out within the 30 days probation period and the crew member hired leaves prior to 30 days without cause or is terminated with cause a full credit will be made to the employer’s accounts for use against any future placement up to 365 days from the date of invoice.
- However, considering that the Mediterranean season starts on 1st of April, seasonal service credit is valid for yachts based in Turkey, paying a salary in Turkish lira and getting a Turkish crew, that have asked a seasonal crew member from Atlantico for MED season until 1st of May. After this date, Turkish clients / yachts requesting Turkish crew members with Turkish salary from Atlantico are not entitled to seasonal service credits for the MED season.
- There are no credits available for temporary crew placements.
- We offer no free trial period on permanent, temporary and seasonal placements.
- If the crewmember does not work out, it is the Employer’s responsibility to mention Atlantico by email within 48 hours. This allows Atlantico to provide a new candidate to the yacht. Atlantico is not obliged to place a new crew member if the client does not inform Atlantico in writing by email within 48 hours.
- There is only one credit per placement. The service credit is inapplicable in any of the following cases
1. Change in ownership of the vessel
2. Change in captain or more than 50% of the crew
3. Major change in schedule from that planned at the time of hire
4. Failure by employer to maintain a safe working environment
5. Failure by employer to maintain a drug free workplace
6. Failure to pay within 14 days of invoicing
7. Failure to notify the company’s crew coordinator within 48 hours of crew member departure.
8. When the employer is otherwise in default of this agreement
9. When the client does not make salary payment to the crew, change it or defer it.
10.In case the leaving reason of the crew member is to be in conflict with the captain or crew due to the fault of captain or remaining crew or any patronage error (this article will need an investigation with proof before applying it. Whatsapp message, image, social media, email, sms message etc. all records will be considered as evidence)
11. When more than 50% of the necessary galley equipment for working order is not available on the boat before the first cruising. This requirement applies to chef placement on newly built boats only.
12. When the crew accommodation conditions on board are not compliant with MLC requirements.
- If a crew-member should not complete the probation period or chooses to not continue to work on the yacht full time, and the Employer and crew-member come to an agreement to stay until another crew member is placed on the yacht by Atlantico or by another agent, it is the responsibility of the Employer to inform Atlantico within 48 hours and a 20% of the first week’s salary will be charged to the yacht.
- If seasonal placement is extended beyond the period for which the placement fee was originally calculated, Atlantico must be notified within 48 hours, Atlantico will issue an additional invoice for the remaining balance in line with Atlantico’s fee policy.
- When you employ a Crewmember from Atlantico for a Seasonal or Temporary position and the candidate completes the duration of the seasonal or temporary terms and then you offer the crewmember a permanent or seasonal position, it is the Employer's responsibility to contact Atlantico within 48 hours. You will be then charged the outstanding amount for a seasonal or permanent position.
- When Atlantico submits candidates to you and you do not choose the candidates for that position at that time, however at a later date you choose one of the candidates, it is the Employer's responsibility to contact Atlantico within 48 hours. You will be then charged the required placement fee according to the employment type.
- The client cannot offer a job to any chef introduced by Atlantica without our involvement for 18 months from the date of introduction. In the event that any Crew introduced by us to the Client are employed or re-employed directly by the Client (with or without our involvement) within the period of 18 (eighteen) months from the date of our initial introduction of the Crew, the Client will be charged the applicable placement fee in accordance with the fee policy.
- 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/captain/company/yacht to the crew in regard to the employment relationship between the employer and the crew, the client and 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 the Client will be charged the applicable placement fee for the new employment in accordance with the fee policy.
- Should a crew member be submitted by the Company and be previously known to the Employer, through introduction by another paid placement service or in person, it is the burden of the employer to notify the company within 24 hours of receipt of the candidate’s information. If notification is not received within 24 hours then it shall be viewed as a valid introduction and fees payable regardless of if another invoice is deemed payable by the second agency.
- Should the employer also be searching for crew online using web searches or listing services it is the burden of the employer to disclose the names of any crew member already under consideration. Any crew member submitted by the Company and hired, who has not previously been declared by the Employer will be viewed as a valid introduction and fees payable. This clause is to avoid an Employer using our service to validate the quality of a crew member whose resume is online and avoid paying a fee.
- In situations where the candidate is known to the Employer but the Employer did not have the correct contact information a full placement fee is payable.
Other responsibilities :
- The Employer is responsible for all travel and incidental expenses in getting the candidate to and from the yacht.
- Atlantico asks that all vessels, both commercial and private please send a copy of your yacht registration document. It is also helpful to have a safe manning document attached to your client file to ensure correct compliance.
- When we place a Permanent candidate with you, that candidate will no longer be head-hunted by Atlantico, nor eligible for placement unless and until they have given you notice of their intent to depart.
- We will never knowingly extend offers to permanent candidates that we have placed and collected payment. We will not approach Seasonal and/or Temporary Placement candidates that we have placed unless the start date for the next position is after the end date that you have told us at the time of the job order.
- By agreeing to this contract, 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 clients friendly policies. We aim to provide clients 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 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.
ATLANTICO RESERVES THE RIGHT TO CHANGE OR AMEND OUR COMPLAINTS PROCEDURE WITHOUT PRIOR NOTICE.
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