CLIENT TERMS & CONDITIONS

INTRODUCTION

It is important to us to ensure that you are fully advised of the terms and conditions of business. Please ensure that you fully read these terms. These terms have been put in place to protect both you and us and to prevent any misunderstanding at a later date.

Definitions in this Terms and Conditions:

Crew Member – means a person employed by the Client as a direct or indirect result of the efforts of WM.

Client – means a person or entity requesting WM to provide crew members.

Consequential Loss – means consequential or indirect loss under applicable law; and direct or indirect loss of use, contract, revenue, or (anticipated) profit, howsoever caused; whether or not foreseeable at the effective date of this T&C.

Fee – means the fee payable to WM by the Client for the placement of a Crew Member, in accordance with Clause 4 below.

Gross salary – means the Crew Member’s salary gross of any taxes, fees or deductions of any kind.

MLC – means the Maritime Labour Convention (MLC2006) and any amendment thereto or substitution thereof.

Temporary Term – means a Crew Member who is employed or intended to be employed by the Client for 90 days or less.

Full Time Term – means a Crew Member who is employed or intended to be employed by the Client for more than 90 days including rotational employment.

Ship Owner – shall mean the party named as “Ship owner” on the Maritime Certificate for the Vessel.

THE CONTRACT 

The contract is between yourself and Helen Warren, self-employed and trading as “Warren Maritime” hereinafter Referred to as WM. This contract will be construed in accordance with Spanish Law and both parties agree to submit to the jurisdiction of Spain.

AGREEMENT & ACCEPTANCE

Your acceptance to these terms and conditions will be deemed to take effect and accepted by you as soon as we have received request and written to you with confirmation of vacancy details or submitted suitable candidates based on the information shared from you. Our terms and conditions are legally binding and you agree to be bound by the covenants and clauses contained here

our fee policy

The Client has agreed to engage in these services to supply qualified Candidates to be considered for employment. The Client is responsible for notification within 24 hours if Candidates, submitted by WM have already been introduced by another company or source. All crew search requests require a non-refundable advance fee of €250 per yacht crew member, payable on any search activities request.

For clients opting to join our Preferred Rates Program, payment of the advance fee grants access to exclusive partner rates for a period of 12 months from the date of payment.

The fee for services rendered (the placement fee) becomes due and immediately payable at the stage where a client agrees to employ a Candidate (within a twelve (12) month period from introduction) regardless as to when the start date for employment commences. at this stage the client agrees to make payment of that invoice in accordance with the payment terms contained herein.

Placement fees are as follows:

(a) Full-Time (over 180 days), the fee due is 75% of one (1) month’s gross salary to returning

(b) 85% for 1st placement with new clients as more work will be required to know the yacht to its best –

(c) Seasonal / Temporary (1-90 days including trial periods) 20% of the total earnings, (subject to a minimum charge of 200€) – to be charged month by month and per contract.

All fees are subject to 21% IVA in addition of the quoted price. Exceptions apply for companies held outside of the EU or any other foreign companies not registered in Spain, those companies must present VAT registration number. Additional invoices will be issued if the Candidate is rehired for future dates.

Upon successful selection and candidate agreement for temporary placements an initial down payment of €200 shall be invoiced. This will be noted during the 1st end of month invoice. Monthly invoicing shall then continue until the end of contract or full time placement value reached.

Full time placements selection and candidate agreement with a long start date in excess of 4 weeks shall receive a minimum €500 invoice for crew selection services then deducted from full time invoice presentation on candidate joining date .

If an invoice remains unpaid, it will be reissued at the temporary employment rate of 20%.Place

PREFERRED RATES PROGRAM

Any yacht is eligible to access lower crew placement rates, similar to those offered to our partner management companies of 65% per placement for a 12 month period. To qualify, the client must pay an advance fee of €250 per crew member prior to the commencement of search services. Upon receipt of this advance, the client will be entitled to preferred partner rates on all crew placements for a period of twelve (12) months from the date of payment. This program is designed to reward client commitment and foster long-term partnerships.

LIABILITY & EXPENSES

WM is not responsible, under any circumstances, for any monetary loss incurred by the Client regarding the placement of a Candidate. The yacht is responsible for flights repatriation of the Candidate(s)where necessary, unless other arrangements have been agreed upon between the employer and the Candidate.

The Yacht Owner accepts sole, exclusive, and unassignable financial liability for both the joining transit and the eventual repatriation of the candidate, in compliance with MLC 2006.

Candidates are hired at-will by the Client. Services provided by WM are free for crew members. It’s the yacht Owner’s responsibility to pay for the cost on necessary employment Visas and other expenses agreed between the client and the candidate.

a) Allow the Client reasonable access to personal data, as necessary to ensure its compliance with the above.
b) Provide the Client a copy of their processed personal data upon reasonable request.
c) Rectify without delay any inaccurate personal data which has been notified by the Client.
d) will not pass on the personal contact details or CV or candidates without the agreement and awareness of Warren Maritime.

WARRANTY ON CREW

In the event that the hiring of a permanent Candidate proves unsuccessful, during the first sixty (60) days from the start date of employment HW will offer a replacement Candidate if:

  1. WM fee has been paid in full by the due
  2. WM is advised within twenty-four (24) hours of termination or
  3. Working conditions are normal and there has been no change of Captain, yacht Ownership, or job description, working hours or terms originally put forward to the candidate as presented to HW.

The same warranty applies where there is a prolonged period from the acceptance of a candidate to the start date where the Candidate decides through no fault of the client, not to start the position and the criteria at (A to C) above have been complied with.

WM promotes safe working conditions for all Crewmembers and can terminate this warranty should the yacht and/or the working conditions be deemed unsafe.

Replacement Candidates will carry a thirty (30) day warranty period beginning from their start date. In the event that WM is unable or unsuccessful in supplying a replacement Candidate immediately, a credit will be given to the value paid towards future placements for up twelve (12) months from the start date. If the Client chooses to engage the services of a replacement Candidate through another source the credit will be void.

YACHT INFORMATION

In order for WM  to maintain accurate information about yachts we require copies of the following documents supplied from the Client, Captain or Yacht Manager:

  • Yacht’s Certificate of Registry, Yacht details
  • Management Company address and VAT number
  • Passport Nº (only if privately owned) and Complete Billing
  • Copy of MLC 2006 compliance if applicable
  • That the shipowner’s Seafarer Employment Agreement (SEA) complies with MLC standard
  • That the shipowner’s holds a valid Certificate of Financial Security for Abandonment (Reg 2.5) and Shipowner’s Liability (Reg 4.2).
CANDIDATES

WM UK does its utmost to vet all registered Candidates by conducting interviews, reference verifications and attempts to ensure that Candidates certificates are valid and up-to-date. WM does not perform criminal checks, but can do so for an additional fee.


Warren Maritime does not charge any fees to crew candidates at any stage of the recruitment process.

PAYMENT OF OUR FEES

Our fees become due and payable in full within Twenty-one (21) days starting from the date of employment offer and acceptance by one of our candidates and/or the production of an invoice from us. Payments can be made either by transfer, Bizum, telephone link or credit card (2% will be applied when payment is made by credit card, VISA or MASTERCARD). Late payments will carry a late payment fee of 2 % of the overall amount outstanding. This will be invoiced separately and payable immediately. Late payment interest will be calculated on our fees at the rate of 1.5% per day on all outstanding amounts. A 60% fee only due to WM connection employee connection.

CREDIT CARD INFORMATION

If you have provided us with your credit card details, by signing this agreement, you agree to us reserving an amount equivalent to 50% (to a maximum of 2.000€) of the placement fee on your credit card at the point of your instruction being received by us. We will not take this amount until such time that our fee becomes payable. When our fees become payable you authorize us to deduct 50% (to a maximum of 2.000€) of our fees from the credit card details you have provided above. We will of course contact you beforehand to inform you of this. The remainder of our fees will be subjected to the late payment fee and interest as set out above.

QUALITY ASSURED SERVICE

Every effort will be made to meet your recruitment needs. If for any reason there is any aspect of our service that you feel is not meeting your expectations, please speak to us and we will try our very best to correct the matter immediately.