Crew Terms and Conditions

ATLANTICO CONSULTANCY CREW TERMS & CONDITIONS

By registering on our website, creating a profile, submitting your information to Atlantico, placing a check mark in the box indicating your acceptance of these Terms and Conditions, or otherwise using our services, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions.

Atlantico Consultancy 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 and galley crew placement consultancy 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 Crew Consultancy as a Deniz Kurt is an Italian Registered company which provides galley design and equipment purchases consultancy for clients, also chef training for experienced and qualified yacht chef candidates from all over the world and interior and galley crew placement consultancy for the Luxury Super Yachts and Mega Yacht Industry.

  • Crew, Crew member, Candidate, You: 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, They : 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 Crew Consultancy 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 Consultancy is a Crew Training, Placement 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 Agreements  

  • Crew members, by providing their confirmation and placing a check mark in the box indicating acceptance of these Terms and Conditions, acknowledge that they have read, understood and agreed to be bound by these Terms and Conditions. If a Crew Member chooses not to accept these Terms and Conditions, they will not be able to register with or be represented by Atlantico.

  • Atlantico, as part of its services, conducts preliminary candidate screening, reviews CVs, carries out interviews, performs reference checks and confirms candidate availability. However, Atlantico shall not be responsible for the management of the relationship between the Crew Member and the Employer following employment, nor for the conduct, behaviour or attitudes of the parties towards one another, or for any dispute, disagreement or conflict that may arise between them.

  • Atlantico acts solely as a placement consultancy agency. Atlantico is not the employer of any Crew Member introduced through its services and shall not be responsible for salaries, wages, taxes, social security contributions, insurance, occupational health and safety matters, work permits, visa matters, repatriation costs, employment disputes or payroll administration. All such obligations remain exclusively with the Employer and the Crew Member.

  • Atlantico does not employ Crew Members. It is the Employer’s responsibility to employ Crew Members in accordance with the laws and regulations applicable in the relevant country, flag state and/or jurisdiction governing the employment relationship. Atlantico does not make any payments to Crew Members. Following the commencement of employment, the Crew Member and the Employer shall be solely responsible to one another for any material or non-material claims arising out of or in connection with their employment relationship. No responsibility, liability or obligation whatsoever shall be attributed to Atlantico in relation to such matters.

  • No Crew Member or Candidate shall be charged any fee for registering with or being represented by Atlantico. Any agency fee arising from the recruitment process shall be paid exclusively by the Client.

  • Crew Members are not required to make any payment to a yacht, employer, representative, intermediary or third party in order to secure employment.

  • Atlantico ensures that candidates are offered equal access to opportunities available through the Crew Coordinator.

  • Atlantico may provide candidates with reasonable assistance and guidance regarding CV presentation, career development, interview techniques, personal presentation, training opportunities and other career-related matters.

  • All information contained within a Crew Member’s CV shall, to the best of the Crew Member’s knowledge, be accurate and correct.

  • All qualifications, certificates and references uploaded by a Crew Member remain the property of the Crew Member. The Crew Member warrants that all information contained therein is accurate and has not been falsified, altered or misleadingly edited.

  • The Crew Member agrees that Atlantico may use, store, process and share information contained within the Crew Member’s CV, application forms, references, certificates, photographs and other documents provided by the Crew Member for the purposes of recruitment, candidate representation, employment placement, reference verification, qualification verification and related recruitment activities.

  • The Crew Member further agrees that such information may be disclosed by Atlantico to prospective Employers, former Employers, referees, Clients and other relevant parties where reasonably necessary for the purposes of securing employment opportunities, verifying employment history, verifying qualifications, verifying references or otherwise facilitating the recruitment process.

  • The Crew Member warrants that all information and documentation provided to Atlantico is accurate, complete and truthful to the best of their knowledge. The Crew Member agrees to indemnify and hold harmless Atlantico from any loss, damage, liability, claim, cost or expense arising out of any misrepresentation, omission, inaccuracy or false statement made by the Crew Member.

  • Crew Members are required to carry original copies of all relevant documentation with them on board for inspection and record-keeping purposes once employment has commenced.

  • Atlantico makes reasonable efforts to ensure that candidates are informed of their rights and responsibilities prior to joining a yacht.

  • Atlantico brings together Employers and suitably qualified candidates. The Employer and/or Client retains sole authority and responsibility for the employment of Crew Members and for compliance with all applicable legal obligations arising from such employment.

SEAFARERS’ RIGHTS

Pursuant to the Maritime Labour Convention, 2006 (MLC 2006), Crew Members employed as seafarers on vessels subject to and compliant with MLC 2006 are entitled to certain minimum rights and protections. For detailed information, Crew Members may consult the official text of the Maritime Labour Convention and other applicable regulations.

As a minimum, Crew Members should be entitled to the following rights and protections where applicable under MLC 2006:

  • An employment agreement written in English containing details relating to the terms and conditions of employment, including but not limited to wages, hours of work and rest, leave entitlement, repatriation rights, compensation in the event of loss or foundering of the vessel, manning levels, career development and training opportunities.
  • Receipt of an employment agreement prior to joining the vessel, allowing sufficient opportunity to review its contents before signing.
  • A signed copy of the employment agreement for the Crew Member’s records.

The rights listed below represent some of the principal protections available under MLC 2006 and are not intended to constitute an exhaustive list:

  • A minimum of 2.5 calendar days of paid leave per month of employment.
  • A minimum of 10 hours of rest in any 24-hour period.
  • A minimum of 77 hours of rest in any 7-day period.
  • Repatriation rights in accordance with applicable laws and regulations.
  • Suitable accommodation and recreational facilities on board.
  • Access to medical care, health protection and applicable social security benefits.

Atlantico provides this information for general guidance purposes only. The interpretation, application and enforcement of seafarers’ rights remain subject to the applicable flag state legislation, the Crew Member’s employment agreement, collective bargaining agreements (if any), MLC 2006 requirements and any other applicable laws and regulations.

A more detailed explanation of Seafarers’ Rights can be found at:

https://www.gov.uk/seafarer-working-and-living-rights/maritime-labour-convention 

  • Atlantico has informed and advised the Employer, Employer’s Representative and Crew Member of the importance of entering into a written employment agreement. In the event that the parties choose not to enter into a written agreement, or in the event of any failure to comply with applicable Social Security, Tax or employment-related obligations despite such information and advice having been provided by Atlantico, no responsibility or liability whatsoever shall be attributed to Atlantico. Atlantico provides Crew Members with general information regarding the Maritime Labour Convention 2006 (MLC 2006) and informs Crew Members of the potential risks associated with joining a vessel flying the flag of a State that has not ratified MLC 2006.

  • Where a Crew Member obtains employment through a Client introduced by Atlantico, Atlantico may request that the yacht, yacht management company or Employer provide a copy of the signed employment agreement for its records. Where disclosure of the employment agreement is contrary to the yacht’s policies or confidentiality requirements, Atlantico may instead require written confirmation that the Crew Member has received, reviewed, signed and retained a copy of the employment agreement.

  • There shall be an eighteen (18) month cooperation period between Atlantico and the Crew Member, commencing on the date the Crew Member starts employment. During this period, Atlantico shall continue to represent the Crew Member in relation to employment opportunities arising directly or indirectly from the Crew Member’s placement through Atlantico, including where the Crew Member is recommended to third parties or offered employment by another client, employer, yacht, captain, management company or contact introduced through the existing employment relationship. In the event that the Crew Member receives any offer of employment, engagement or recommendation from a third party arising directly or indirectly from the employment relationship established through Atlantico, the Crew Member shall immediately notify Atlantico. Where such notification is made and a new employment relationship is established, Atlantico shall charge the applicable placement fee to the new client in accordance with its fee policy. If the Crew Member fails to notify Atlantico and accepts or facilitates such employment directly or indirectly, the Crew Member shall be liable to pay Atlantico the applicable placement fee that would otherwise have been payable in respect of the new employment. The Crew Member agrees, declares and undertakes that if he/she fails to inform Atlantico of such employment opportunities and employment is subsequently obtained, he/she shall pay the applicable placement fee to Atlantico as a contractual penalty, determined in accordance with Atlantico’s fee policy.

  • Atlantico does not determine the salary of any Crew Member and does not negotiate salary on behalf of either the Crew Member or the Client. Atlantico may provide information regarding current industry salary ranges for guidance purposes only. It is the sole responsibility of the Crew Member and the Employer to discuss, negotiate and agree upon the terms of remuneration. Atlantico shall have no responsibility or liability whatsoever in relation to any salary agreed between the Crew Member and the Employer.

  • The Employer shall be solely responsible for all travel, transportation, repatriation and incidental expenses incurred in transporting the Crew Member to and from the yacht.

  • Atlantico merely introduces and connects Crew Members with Employers and/or Employers’ Representatives. No employment relationship exists between Atlantico and any Crew Member. Accordingly, Atlantico shall not be responsible for unpaid salaries, wages, fees or other remuneration owed to the Crew Member, nor for the occupational health and safety of the Crew Member. All such responsibilities belong exclusively to the Employer, Client or Employer’s Representative.

  • The Client agrees to take full responsibility for ensuring that appropriate Protection and Indemnity (P&I) insurance cover, or such other insurance cover as may be required, is maintained for the protection of Crew Members. The Client, Employer or Employer’s Representative shall be solely responsible for the safety, welfare, well-being and right to life of the Crew Member from the commencement of employment. Atlantico shall have no responsibility or liability whatsoever in this regard.

  • To the fullest extent permitted by applicable law, Atlantico shall not be liable for any loss, damage, cost, expense, claim, liability or other consequence arising out of or in connection with the recruitment, introduction, engagement, employment, conduct, performance or termination of any Crew Member. All liability, whether arising in contract, tort, negligence, statutory duty or otherwise, is hereby excluded to the fullest extent permitted by law.

COMPLAINTS PROCEDURE

At Atlantico Consultancy we pride ourselves on providing a personal, transparent and professional service. If you feel we have fallen short of these standards, we encourage you to contact us and we will do our best to resolve the matter promptly and fairly.

If you have a complaint, please contact us at:

Email: info@atlanticoyachting.com or write to: Deniz Kurt 
Via Frigirola 1
22020 Nesso (CO), Italy

We will acknowledge receipt of your complaint within seven (7) business days and aim to investigate and resolve all complaints within twenty-one (21) business days.

ATLANTICO RESERVES THE RIGHT TO CHANGE OR AMEND OUR COMPLAINTS PROCEDURE WITHOUT PRIOR NOTICE.

UPDATING YOUR PROFILE

  • You agree to keep your profile and personal information accurate and up to date at all times. If no update has been made to your profile for a period of twelve (12) months, Atlantico may contact you requesting confirmation that your information remains current. If no response or update is received within thirty (30) days of such notification, Atlantico reserves the right to deactivate or remove your profile from its database in accordance with its Privacy Policy and applicable data protection laws.

INTELLECTUAL PROPERTY

  • You are solely responsible for all communications and content submitted, uploaded or published on the Atlantico Yachting website through your login credentials.
  • Atlantico has the right, but not the obligation, to correct, edit or remove any error, omission or content, as determined at its sole discretion.
  • Atlantico respects the intellectual property rights of its members and requests that its users and members do the same. If you believe that your work is being copied in a manner that infringes your intellectual property rights, please contact Atlantico as soon as possible.
  • All texts, images, logos and other elements appearing on the Atlantico Yachting website may not be reproduced, copied, distributed or used, in whole or in part, without the prior written consent of Atlantico Yachting.
  • Any reproduction, whether in whole or in part, for advertising or commercial purposes, on any medium whatsoever, is strictly prohibited unless prior written consent has been obtained from Atlantico. Any request for authorisation must be sent to: deniz@atlanticoyachting.com

PRIVACY POLICY

We, as Atlantico Consultancy, follow a company policy that respects your personal data and processes such data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and applicable Italian data protection laws.

By using this website, registering with Atlantico, submitting information to Atlantico or otherwise using our services, you indicate your agreement with our Privacy Policy and Terms and Conditions. If you do not agree with them, you should cease using our website and services.

This Privacy Notice explains how Atlantico Yachting collects, stores, processes and uses the personal data that you provide to us.

A copy of our Privacy Policy can be found on our website.

You can access our Privacy Policy here.