Client Terms & Conditions

Global Crew Services SL

 

1. The Service

1.1 These are the terms and conditions of GLOBAL CREW SERVICES SL (hereinafter referred to as "GCS") which is a limited company, and MLC 2006 compliant, that introduces potential yacht crew or personnel (hereinafter referred to as the "Candidate") to prospective employers, their representatives and/or agents (hereinafter referred to as the "Client"). Unless amended in writing these terms and conditions shall prevail. Any employment agreement or contract, either written or verbal, entered into by the Client and Candidate following an introduction by GCS is the sole responsibility of the Client.

1.2 The provision of the service is subject to the written emailed acceptance by the Client of the terms and conditions, and by entering into business with GCS the Client will be deemed to constitute acceptance of the terms and conditions.

1.3 Any information or documentation relating to any Candidate introduced by GCS is confidential and must not be disclosed to any third parties without our prior approval.

 

2. Fee Policy

2.1 The provision of the Service will be subject to the payment of an appropriate placement fee calculated on the following basis:

a) Permanent Placement (Candidate employed for a period exceeding six (6) months): The fee will be 100% of one (1) month’s gross salary.

b) Seasonal Placement (Candidate employed for a period exceeding three (3) months but less than six (6) months): The fee will be 70% of one (1) month’s gross salary.

c) Temporary Placement (Candidate employed for a daily, weekly or monthly period of up to three (3) months): The fee will be 20% of the accumulated salary earned for the period(s) employed, subject to a minimum charge of €200.

2.2 If any Candidate introduced by GCS to the Client is employed or re-employed directly by the Client (with or without our involvement) within the period of one (1) year from the date of our initial introduction, the Client will be charged the applicable placement fee in accordance with the Fee Policy.

2.3 If the Client obtains any information or documentation relating to the Candidate from another source, prior to our introduction, the Client must inform GCS within twenty four (24) hours of receipt, otherwise the Client will be obliged for payment of our placement fees.

 

3. Payment Policy

3.1 The Client's full credit card details may be required in advance of providing a placement if an account has not been approved for the Client. Payment will only be charged to the credit card if full payment is not received in accordance with this clause 3.

3.2 The placement fee is payable in Euros and can be made by bank transfer or credit card if presented in person. A surcharge of 2% will be applied for payments made by credit card.

3.3 Permanent Placement: Payment must be received within twenty one (21) calendar days from the date of commencement of employment.

3.4 Temporary and Seasonal Placement: Payment must be received within fourteen (14) calendar days from the date of invoice.

3.5 In the event that a Temporary or Seasonal Placement is extended beyond the period for which the placement fee was originally calculated, GCS will issue an additional invoice for the amount due to us in accordance with the Fee Policy.

3.6 All fees are subject to 21% IVA unless the Client can provide documentation that IVA can be omitted to the satisfaction of the appropriate authorities in accordance with Spanish tax law.

 

4. Placement Warranty

4.1 The warranty is subject to strict compliance by the Client with the provisions of clause 4.2 and 4.3.

(a) Permanent and Seasonal Placement Warranty.
Should the hired Candidate leave or be dismissed with just cause within two (2) months then a onetime replacement will be offered with a one (1) month warranty period.

(b) Temporary Placement Warranty. No temporary placement warranty is given. Fees are calculated on a time onboard basis.

4.2 The Warranty shall only be valid if the placement fee is paid in accordance with the Payment Policy and provided that GCS has been notified by the Client by e-mail within twenty four (24) hours of the resignation or termination. If GCS is unable to provide a replacement or the client finds replacement by other ways, a credit will be given of the value paid towards a future placement for up to twelve (12) months from the original start date.

4.3 The Warranty may be invalidated at our discretion in the event of the following:

(a) Change of yacht ownership.

(b) Change of Captain or Management Company.

(c) Major change of itinerary to that given at time of employment.

(d) Failure to provide a safe working conditions and environment.

(e) Changes to job specification to that stated at the time of employment, without prior notice.

 

5. Disclaimer

5.1 GCS screen Candidates, by checking their details, conducting interviews, checking references and qualifications, to the best of our ability. However, it is recommended that the Client pursues appropriate investigations before entering into any employment agreement or contract with the Candidate. GCS disclaims any further responsibility regarding candidates past, present or future actions.
 

6. Liability and Expenses

6.1 GCS does not accept any liability for any monetary loss, damage, cost or expense incurred by the Client regarding the placement of a Candidate. The Client is responsible for the deployment, repatriation and incidental expenses of the Candidate. It is the Clients responsibility to pay for the cost of necessary Visas and other expenses agreed between the Client and the Candidate. GCS do not charge candidates any fees for our placement services.

6.2 By agreeing to these terms and conditions, the Client agrees to take full responsibility and ensure that they have P&I cover to protect seafarers from being stranded in a foreign port.

 

7. Jurisdiction

7.1 Any dispute arising out of or in connection with these Terms shall be submitted to the non-exclusive jurisdiction of the Courts of Palma de Mallorca and, at our sole discretion, to their respective proceedings and laws.

7.2 GCS, and the Client, irrevocably agree that any legal suit, action or proceedings (‘Proceedings’) arising out of or in connection with these Terms may be brought in such courts as referred to in clause 7.1, at the option of the party taking Proceedings, and hereby waive any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum.

7.3 The foregoing notwithstanding, we may bring or commence proceedings in rem to obtain security, seizure, arrest or any other similar remedy against any property belonging to the Client in any other country, state or jurisdiction.

 

8. General

8.1 It is the Clients responsibility to ensure that the conditions of employment of Flag State are complied with, and if applicable comply with the MLC 2006 Regulations A2.1 regarding Seafarers’ Employment agreements.

8.2 If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability) the enforceability of any other part of the Terms will not be affected.

8.3 Copyright exists on all text, documents and website content and no part will be stored, reproduced or transmitted in any form without prior permission by GCS.

 8.4 Failure by GCS to enforce any right does not result in waiver of such right.

8.5 Nothing in these Terms or Conditions shall confer or purport to confer any right or benefit on any third party.

8.6 GCS reserves the right to change these Terms and Conditions from time to time.

 

Last Revision_2: March 2017

Placement Agency No. 0400000017

A copy of our Terms and Conditions is available on request.