CLIENT CREW RECRUITMENT Terms & Conditions
- These terms and conditions apply to all crew recruitment services carried out by diYachting (diY) acceptance of these terms can be either done expressly or by the action of opening any CV’s or crew information we have sent to you or by asking for and receiving assistance in recruiting anyone that has been found by you. Crew may be employed on a full time, subcontract, freelance or contract basis either employed directly by you or through our Guernsey employment solution to work aboard. If you do not accept these terms please return all materials sent to you unopened and delete all copies of said information on all of your devices.
- diY will endeavour to find a crew that meet the criteria you have laid out who are suitably qualified and experienced in accordance with the requirements of the yacht and it's registered status and flag state. The final decision as to whether to employ a person lies solely with the owner or his agent and "diY" accept no responsibility for who is employed and their actions thereafter.
The Recruitment Process
- After an initial discussion about what is required of the crew both by the owner and the law diY will produce a "job description" to reflect the discussion and will pass this to the owner for his agreement before recruitment commences.
- diY will call on previous contacts, place adverts and make direct approaches to suitable candidates as they see fit to find applicants that fit the job description.
- After collecting CV's from applicants diY will sort through these, ask the candidates for any further information they feel necessary and if they feel it is required will arrange to meet with or speak directly on the telephone to the applicants to ascertain their suitability for the role. diY will then put together a "short list" of applicants to propose for the role and together the owner and diY will decide who to invite for Interview.
- Once the owner has agreed who he would like to invite for an interview diY will contact these applicants and arrange a time and date for an interview. diY will also write to the unsuccessful applicants and tell them that their application will not be taken any further.
- diY will be present if required along with the Owner and/or his representative to interview the invited applicants and will stay on hand afterwards to discuss the applicants with the Owner give advice on what they have learned and try to come to decision with the owner as to who to offer the job to.
- Once the owner has made a decision diY will write to the applicant and make a firm offer to them, if accepted diY will get references for the applicant from their nominated referees, check qualifications and will then produce a contract of employment (MLC compliant if required) and send it to the applicant for signature and then on to the owner for his signature.
- diY will then endeavour to arrange the logistics of the crew starting their employment, including advising the crew on travel and booking such. If required diY can also meet the crew aboard the yacht on their first day and make sure they settle in ok and are made familiar with the boat and surroundings, NOTE a further fee and travel expenses for diY will be payable.
- The owner agrees to pay diY (the fee) 10% of the Crews total first year gross contracted salary, excluding tips and bonus, OR the total contracted salary for the fixed term if less than 12 months subject to a minimum of £500 per employment. An extended guarantee is possible in return for an increased fee, see 11 below for details. Fee to be paid as follows;
- A first payment will be made on the day of signing of the contract of employment amounting to 50% of the total fee payable. It will be invoiced to the owner at this time and should be settled within 7days.
- A second payment will be made on the first day of the contract (the day the crew start work) amounting to 50% of the total fee payable. It will be invoiced to the owner at this time and should be settled within 7days.
- If the crew are initially on a shorter term contract (less than 12 months) and the crew's contract is renewed or extended beyond the initial contract term then the owner agrees to pay to diY a further payment of 10% of the agreed salary for the period from renewal until 12 months after the contract started. This amount will be invoiced upon signing of the extended contract and should be settled within 7days. Note the fees for recruitment are based on the first 12 months of employment and no fees are charged for the continuing employment of the same crew after 12 months.
- Once invoiced each stage payment of the fee is non refundable.
- Guarantee -
- Should the crew or the owner terminate the contract for any reason within the first 2 months of employment then diY will offer to find a suitable alternative crew to take over the role and no further fee will be payable with the fee structure already agreed for the original crew remaining in place. If the replacement crew end up successfully negotiating a greater salary than the original crew then the difference in fee will be payable with the final invoice. If diY fail to find a suitable alternative candidate and/or the owner ends up employing a crew direct or from an alternative provider then no further fees will be payable but no refund of fees already paid will be made.
- Extended Guarantee - The owner may elect to extend their crew guarantee by paying a further 5% on top of the fees agreed in 10. above and in return diY will extend the guarantee period in 11.1 from 2 months to 12 months with the owner being able to replace the crew up to 2 times with in the 12 month period (total 3 crews per year including temporary crews to stand in for extended absence etc) without any liability for further fees. This option may only be taken up at the time of signing the contract with the initial crew. Should the option not be taken up and the crew leave or are terminated after the 2 month guarantee in 11.1 above then further crew recruitment fees will be payable for each extra crew recruited. The extended guarantee lasts for 12 months only after which any crew replacements are charged at the standard fee.
- Any expenses that diY have in relation to the employment process will be included in the fee mentioned above except for travel expenses for meetings with owners or crew that will be invoiced to the Owner at cost.
- Any expenses (travel etc) incurred by the crew members that the owner has agreed to refund that have been initially paid for by diY will be invoiced on the the Owner and should be settled within 7days of invoice.
- The Owner agrees not to contact any of the applicants that have been introduced to him by diY or to forward their details too any thrid parties. If any applicant is employed directly aboard any of the Owner's vessels, a third party vessel to whom the owner has forwarded a crews cv originally received from diY or in any of his businesses in any capacity within 12 months of them being introduced to the owner by diY then the owner agrees to pay to diY 10% of the total agreed contract salary for the first year of employment. For the avoidance of doubt an introduction may consist of a face to face meeting, phone conversation, email from, or being shown a letter of application or CV or just the mention of the name of a suitable candidate to the owner by diY.
- The Owner and diY agree not to disclose details of any of the applicants to any third parties.
- It is agreed and understood that unless the candidate is to be employed through diYachting’s Guernsey Crew Employment solution the candidate will be employed by the Owner directly and once the contract of employment is signed diY's obligations to the Owner in respect of the crew member(s) come to an end. From this point the owner is responsible for ensuring that the employment remains legal, all taxes are paid that are due, visas remain in date and any insurances that must be taken out in relation to this employment are done so by the owner along with making sure any health and safety and employment law issues are complied with.
- Unless the owner has taken out diY “crew Management” The Owner is solely responsible for ensuring the candidates ongoing compliance with the rules and regulations of the yacht and and its flag state and the flag States of any areas it operates in by keeping licences, medical certificates and insurances etc up to date.
- The Owner agrees to hold diY harmless from any claims resulting from acts or omissions of the crew or applicants or from any claims arising out of anything to do with the ongoing employment of the crew including but not limited to tax issues, employers liability, accident, injury, death or criminal acts.
- If the owner decides not to employ a candidate that has been introduced to him by diY but instead employs someone that diY has had nothing to do with introducing or any contact with then no fee will be payable.
- If the owner or one of his representatives submits to diY any CV’s for their opinion or for diY to carry out any conversations, vetting, interviews, reference checking or logistical arrangements resulting in that person being employed aboard the yacht then the the terms of this agreement apply to that employment including the full fees in 10. above.
- These terms will also apply to any 3rd parties that you or another person send any CV’s or information about crew we have sent to you on to. In this instance you are responsible for informing any 3rd parties of these terms and conditions from the outset and if you fail to do so you will be liable for any loss of income suffered by diY as a result of such.
- EMPLOYMENT - After the recruitment process is complete diY will be very happy to employ the crew members in their dedicated crew employment solution based in Guernsey, further terms and fees will apply to this employment. Details available upon request.
- 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.
- This contract is agreed under English Law and any disputes will be settled in the courts of England.
Revised April 2019