Last Minute Yacht Crew Terms & Conditions

Our Services

Aureolus Group LLP (trading as Last Minute Yacht Crew) is an internet based business that provides an introductory service to its registered clients, operating as per the code of ethics and requirements as published by the MLC 2006. Aureolus Group LLP (trading as Last Minute Yacht Crew) is not and will not be an employer of any Candidate or Crew Member at any time. Last Minute Yacht Crew stores and presents data to its registered Clients, this data can be job offers entered by members or personal details and associated documents entered under “Find Job Registration Form” or “Find Crew Requirement Form”. Last Minute Yacht Crew will use various marketing methods that it deems responsible in order to enhance its services to you.

Definitions

• “Company”: Aureolus Group LLP (trading as Last Minute Yacht Crew), operates www.lastminuteyachtcrew.com and refers to the trading name: Last Minute Yacht Crew.

• “Crew/Crew Member”: Any person submitting their information via the website, email or verbally to the Company in the desire to find employment through Last Minute Yacht Crew.

• “Candidate”: A prospective Crew Member.

• “Find Job Registration Form”: The process used by the Candidate to submit their details to Last Minute Yacht Crew.

• “Find Crew Requirement Form”: The process used by the Client to submit their requirements for a Candidate.

• “Candidate Details, Candidate Data and Candidate Information”: Personal details, qualifications, work history and availability supplied to the Company by the Candidate.

• “Client”: Person or entity requesting a candidate from the company.

• “Engagement”: When the Crew Member/Candidate enters into an employment contract with a Client.

• “Website”: The Company website www.lastminuteyachtcrew.com

• “Submitted and Submission”: The presentation or forwarding of a Candidate from the Company to the Client.

• “Permanent”: Any position and/or employment that is longer than 90 calendar days.

• “Temporary”: Any positions and/or employment that is less than 90 calendar days.

• “Commencement Date”: the date the Candidate/Crew Member starts to perform services for the Client.

• “Services”: The Company shall gather information and data of available and suitable Candidates and provide these to the Client for consideration, with said Crew Members confirmation to do so.

• “Refer or Referral”: The forwarding by the Company of a prospective Candidates information.

Confidentiality Clause

• The Company will keep confidential all information imparted by the Client relating to the business of the Client and which is declared confidential or expected to be confidential.

• The Client acknowledges that information marked ‘non confidential’ shall not be considered confidential and maybe disclosed to Candidates.

• The Client shall keep confidential all information relating to Candidates and only use the information to determine whether the Candidate is suitable for engagement.

• The Company may withhold known information regarding a Candidate if required to do so by law.

Candidate and Client Responsibility

• • The Candidate and Client allow the Company to process personal data as defined by the Data Protection Act 1998.
• • The Client operates in accordance with all applicable discrimination legislations and laws.
• • Candidates are solely responsible for accurate, true, current and complete information on their CV and Find Job Registration Form, failure to do so will result in suspension or removal of information.
• • Candidates and Clients agree not to use this service to:

  o Upload, post, email, transmit or make available any content that is unlawful, threatening, abusive, harmful, harassing, defamatory, libellous, racially, ethnically or otherwise objectionable.

  o Impersonate or forge any information through this service.

• • Under certain circumstances and without prior notice, the Company has the right to immediately remove information from the website. Cause for such removal shall include, but not be limited to:

  o Any breach or violation to the Terms and Conditions.

  o Requests by law or government authorities

  o A written request by you

  o Extended periods of inactivity

• • The Candidate shall advise the Company of any engagement with the Client up to and including a period of 12months after initial introduction.

Fee Policy

• • The Company’s services will be subject to payment, by the Client, for the engagement of a suitable Candidate. The fee calculation is:

  o Temporary engagements will be 20% of the gross accumulated salary earned for the period(s) employed subject to a minimum charge of €200.

  o Permanent engagements will be 75% of one month’s gross salary subject to minimum charge of €2,000.

  o Should any Candidate that has been introduced to the Client by the Company be employed or re-employed directly by the client (with or with-out our involvement) within 12months from the date of the initial introduction of the Candidates information, the Client will be liable for the full fees as stated in the Fee Policy and invoiced accordingly.

• • Should the Client obtain any information and/or data relating to the Candidate from another source prior to the initial introduction by the Company, the Client must inform the Company immediately.
• • The Client is required not to pass on the cost of fees to the Candidate.
• • The Company at no point will charge any fee to the Candidate.
• • The Company strives to satisfy the Clients requirements, however should the Client be unsatisfied the Company gives no refund, replacement or credit for Temporary engagements.
• • For Permanent Engagements the Company strives to satisfy your requirement, however should the Client have just cause to dismiss the Crew Member or the Crew Member leaves with just cause within thirty (30) calendar days of engagement, and contacted the Company in writing within forty-eight (48) hours, then the Company will offer a replacement, should that not be suitable then credit will be given to be used within 12months. This guarantee excludes the following:

  o Change of Ownership or Management Company.

  o Change of Captain and 50% of the Crew.

  o Significant change to the Yachts schedule.

  o The Clients failure to comply with MLC and/or a safe working environment.

  o Significant changes to the job description resulting in crew resignation.

Payment Policy

• • In order to secure a Candidates engagement the Client’s full credit card details will be required in advance as security. Payment will only be charged to the credit card if full payment is not received within the stated terms below.
• • Payments made by Visa or MasterCard incur a surcharge (to be confirmed).
• • All payments must be received within fourteen (14) calendar days from date of invoice. If not then a penalty will be added at 5% of the amount per day, until full balance (including charges) is paid.
• • The Client has a maximum of five (5) calendar days after the start of the Candidates engagement, to raise any concerns with the Company regarding the Candidate and if deemed necessary termination of the contract with the Candidate, to be eligible to a replacement.

Costs or Expenses

• • The Client to responsible for all hiring expenses and remuneration costs incurred.

Liability

• • All efforts are made by the Company to verify submitted information and the Company cannot be held liable for any inaccurate information submitted by the Candidate.
• • The Company shall not be liable for the costs associated with interviewing, hiring, engaging, accommodation, transportation, termination, repatriation or any other costs associated with engaging of a Candidate. All liabilities listed above will be the sole responsibility of the Client.
• • The Company shall not be liable for any expense, damage, loss, cost, delay or compensation (direct or indirect) which may be suffered or incurred by the Client arising from the engagement of the Candidate.
• • The Client must comply with all applicable discrimination laws and legislations including current Maritime Labour Convention regulations, failure to do so the Company cannot be held liable.
• • The Client has absolute discretion as to the engagement of the Candidate.
• • The Client indemnifies the Company against any damage, expenses or loss suffered by the Client arising from any acts or omissions of the Candidate or the referral of any Candidate or any breach of these Terms and Conditions.
• • Should the Client dismiss the Candidate for any cause, or the Candidate leaves before the end of the agreed employment, the Company shall be under no obligation to find a replacement.
• • The Company strives to maintain a fully operational website and respond to all queries promptly and shall not be held liable if failure occurs.
• • The Company shall not be liable to you or any third party for any modification, suspension or discontinuance of this Service.
• • The Company shall be limited to the fee paid by the Client (in relation to the relevant Candidate) in such an event that liability cannot be excluded.
• • All Provisions in relation to the liability policy will continue to bind all parties after these Terms and Conditions no longer apply.

Privacy Policy

• • For more and detailed information please see our Privacy Policy.

Account Security and Password

• • A password will be generated on completion of the Find Job Registration Form or the Find Crew Requirement Form.
• • You are responsible for keeping this confidential and informing us of any unauthorised activity on your account.
• • The Company cannot be held liable for any misuse, damage or loss of your data arising from your failure to protect and secure your password.

Indemnity

• • You shall agree to indemnify and hold Last Minute Yacht Crew harmless from any claim made by any third party due to your breach of the Terms and Conditions.

Links to Third Party Sites

• • The Company may provide links to other websites and cannot be held responsible for the protection of any data supplied to other sites.

Disclaimer

• • Your use of this service is at your own risk
• • The Company cannot be held responsible or liable for the misrepresentation of information supplied by other parties.

Intellectual Property

• • You acknowledge that the content of the information is subject to copyright/confidentiality and accordingly you shall ensure that the information is used solely for the purposes that the site has been designed for and may not be copied, reproduced or commercially exploited in all or any part thereof.

Contract

• • By indicating that you accept these Terms and Conditions on either the Find Crew Requirement Form or on the Find Job Registration Form it will be considered acceptance of the above Terms and Conditions.
• • The Company from time to time may make changes to these Terms and Conditions and reserves the right to do so. In this case, the amended version will be published on the site.
• • These Terms constitute a binding agreement between you and Last Minute Yacht Crew and are deemed accepted by You each time that you use or access the Last Minute Yacht Crew site and services.

Contact Details

By email: privacy@lastminuteyachtcrew.com

By WhatsApp: +44 (0) 7850 466213

Terms and Conditions updated June 2019>