ATLANTICO YACHTING CLIENT TERMS AND CONDITIONS

By using this website 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.

The company makes information available to crewmembers and employers where they can browse available jobs and crew through the internet. 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 is 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: Any person or company submitting their information on the website, making verbal presentation 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, 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 intended employment of greater than 60 days. 

  • 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. 

 Employer Agreement:

 

  • Employers after registering and or contacting with us, they are indicating they agree with our terms and conditions. ─░ndicate their agreement with these Terms which also indicates they have read and understood them. If Employer choose not to accepted these Terms and will not be able to register and/or receiving 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 (except as previous noted) as part of our service, but cannot be responsible for the actions of candidates after hiring.

  • Atlantico does not employ crew.

  • 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 

  • Before crew are entered into Atlantico’s data base 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 

  • Crew members are also required to bring original copies of all their documentation along to their registration interview (should they have one) with Atlantico. 

  • 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. 

  • Should crew members become employed through a client of Atlantico’s that we have placed them into then they will be required to send a copy of their signed contract to us. If this is against the boats policy we will require an email confirming that they have received their contract, have signed it, have a copy and they are happy with it. 

  • Atlantico makes sure that candidates are informed of their rights and responsibilities before joining a yacht. 

  • Atlantico 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

  • 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. 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. 

  • 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 

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

FEE POLICY

 

  • Permanent placement (exceeding 6 months) introduction fee is 1 month gross salary of the candidate.

  • Seasonal Placement (exceeding 3 months but up to 6 months) introduction fee is 70% of 1 month gross salary.

  • Temporary Placement fee is 20% of the accumulated salary for the period of employment. (daily, weekly or monthly basis-can be called temporary-up to a three (3) month period)

  • All crew placement fees will be paid within 14 days of the crew member’s start date.

  • Because of the transient nature of the yachting industry, credit card details are to be provided to Atlantico before submission of candidates to Employer. This can be arranged via phone or e-mail; Details required Credit card holders full Name, Card Number, Expiry Date and Validation number (last three digits on back of credit card).

  • A credit card will be taken and this card will be charged if payment is not received in full for the invoice within 30 days of the crew candidate being hired or at the client’s request. We accept MasterCard, Visa and American Express.

  • 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 placement fees has to be paid by client with V.A.T

  • The client is liable to pay the bank charges for the payment of the placement fee.

  • The invoice date will be the Crew’s start date.

  • All fees paid are non-refundable. 

  • When a candidate has been chosen it is the employer’s responsibility to inform us 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 placements.

  • We offer no free trial period on permanent or temporary placements. 

  • For permanent placement, we offer Permanent Crew Placement Service Credits. Atlantico allows the yacht a 90 day probation period with the crewmember. If the crewmember does not work out within the 90 day probation period and the crew member hired leaves prior to 90 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.

  • If the crew member hired within 91 and 180 days leaves without cause or is terminated with cause a 50% credit will be made to the employers account for use against any future placement up to 365 days from the date of invoice. 

  • If the crewmember does not work out, it is the Employer’s responsibility to mention Atlantico within 48 hours. This allows Atlantico to provide a new candidate to the yacht. 

  • There are no credits available for temporary or seasonal crew placements.

  • 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 

  • If a crew-member should not complete the probation period or chooses to not continue to work on the yacht fulltime, and the Employer and crew-member come to an agreement to stay until a fulltime 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 temporary placement fee of 30% 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 Sesonal or Temporary position and the candidate completes the duration of the seasonal or temporary terms and then you offer the crewmember a permanent and seasonal position, it is the Employers responsibility to contact Atlantico within 48 hours. You will be then charged the outstanding amount for a seasonal or permanent position. 

  • When Crew 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 candidates, it is the Employers responsibility to contact Atlantico within 48 hours. The Client will be charged the applicable Introduction Fee in accordance with the fee policy.

  • 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.

  • Should a crew member be submitted by the Company and be previously known to the Employer, through introduction by another paid placement service, 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. 

  • The grace period above does not apply to crew whose resumes are requested by the employer directly from our website www.atlanticoyachting.com. By requesting their resume Employers are warranting that they have not seen this crew member before and a fee will be payable should crew member be hired by Employer. (Utilizing this method provides a photograph of the candidate prior to requesting a resume.) 

  • 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 of to the Employer but the Employer did not have the correct contact information a full placement fee is payable. 

 

Communication Fees:

  • Any Satellite costs incurred by Atlantico at Employer’s request will be charged accordingly to the client, at a rate of 1,5 Euro per minute.

 

Other responsibilities of the employer: 

 

  • The Employer is responsible for all travel and incidental expenses in getting the candidate to and from the yacht. 

  • The MLC applies to all commercial vessels. In addition, vessels of 500gt and more, trading internationally, will be required to hold a Maritime Labour Certificate (MLC) and a Declaration of Maritime Labour Compliance (DMLC).

We ask that if you are greater than 500gt, you e-mail us either your MLC or DMLC parts I and II. If you are under 500gt or have not received your certification yet, please verify the following and sign and return to Atlantico:

  1. Do you use a seafarer’s employment agreement?

  2. Do you have current P&I insurance?

  3. Do you understand that you are responsible for the repatriation of a crew member?

  • 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 Long Term Placement 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 Long Term Placement candidates that we have placed and collected payment. We will not approach Seasonal and 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.

  • 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.

  • By agreeing to these Terms & Conditions, 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.

  • On employment of a candidate, the client will need to supply a copy of their Protection & Indemnity certificate with a clear indication of the expiration.


 

5: Complaints Procedure 

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  at:

Atlantico Yachting- Via Castel Morone 14-33 Milan 20129 Lombardy-Italy Alternatively, you can email deniz@atlanticoyachting.com or call +39 348 868 4996  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.

Last Revision: April 2020

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