Festiva Cruise Club (hereinafter referred to as The Lessor) is a private club set up by Festiva Cruise Club, and is governed by the regulations hereinafter set out.
2. ADMINISTRATIONS AND MANAGEMENT
The administration and management of Festiva Cruise Club is located at One Vance Gap Road, Asheville, NC 28805.
3. CABIN MAKE-UP AND OCCUPANCY
Member purchases the right to use a cabin on one of any of the yachts currently operating in Festiva Cruise Club fleet of vessels.
A cabin includes sleeping quarters which has the ability to accommodate no more than two individuals, (adults and/or children) and a private bathroom.
4. DURATION AND USAGE
4.1 Member’s right of occupancy is on a floating basis, i.e. no fixed weekly right to use is given to the purchaser with the exception of someone who purchases a 36/12 (Commodore) membership. Reservations are accepted with advance notice of a minimum of forty-five (45) days and a maximum of 12 months, subject only to the availability at the time of booking. Commodore members have the right to reserve their cabin up to 18 months in advance. Reservations can be made by contacting Festiva Sailing Vacations at 866-575-3951 Ext. 1 or through a reservations request form via web at www.festivasailingvacations.com.
Check in time is 5:00 PM and check out time is 9:00 AM. (See 5.1 for Charter check-in days)
4.2 The Member may use any Week(s) in a cabin based on the Season and Level of membership purchased.
4.3 SEASON OF MEMBERSHIP
Caribbean. Cruising year-round with the exception of September 1 through October 15
Supreme Red: Members have the ability to reserve usage for weeks 1-35 and 42-52.
Prime Red: Members have the ability to reserve usage for weeks 16-35 and 42- 45 .
4.5 LEVEL OF MEMBERSHIP
Commodore Membership 36/12: Thirty-six (36) cabin weeks to be used over a 12 year period where the member has the ability to use 3 cabin per year with the option to accelerate one (3) additional cabin per year as defined under 4.7, Accelerated Usage. This membership may also be described as a “Full Yacht” membership.
Admiral’s Club - 24/12 Membership: Twenty-four (24) cabin weeks to be used over a 12 year period where the member has the ability to use 2 cabins per year with the option to accelerate two (2) additional cabins per year as defined under 4.7, Accelerated Usage.
Captain’s Club 12/12 Membership: Twelve (12) cabin weeks to be used over a 12 year period where the member has the ability to use 1 cabin per year with the option to accelerate one (1) additional cabin per year as defined under 4.7, Accelerated Usage.
6/12 Membership: Six (6) cabin weeks to be used over a 12 year period. Biennial agreements are purchased on an Odd or Even year usage basis.
6/6 Membership: Six (6) cabin weeks to be used over a six year period.
3/6 Membership: Three (3) cabin weeks to be used over a 6 year period are purchased in Odd year or Even year arrangements.
Odd / Even Usage: Odd year agreements allow for usage during Odd years only (i.e. 2005, 2007, etc). Even year agreements allow for usage during Even years only (i.e. 2010, 2012, etc).
4.6 LATE BREAKS:
36/12, 24/12, 12/12 and 6/6 have access to Late Breaks forty-five (45) days prior to cruise dates. Any cabin(s) available within forty-five (45) days can be used at the cost of a maintenance fee per cabin and provisioning fee per cabin. Use of late breaks is above and beyond the regular membership and will not affect the remaining cabin weeks left on the member’s agreement. No children under the age of 16 can charter a late break. Unless otherwise stated, late breaks are for 36/12, 24/12, 12/12 and 6/6 memberships only.
4.7 ACCELERATED USAGE:
As long as they are current on their payments, 36/12 members have the ability to accelerate three cabin weeks per year as part of their original agreement. 24/12 members have the ability to accelerate two cabin weeks per year as part of their original agreement. 12/12 members have the ability to accelerate one week per year as part of their original agreement. Once the members membership fee is paid in full, the member has the right to accelerate as many of their contract weeks as they choose within one years' time. Accelerated weeks can be booked from 365 days to 45 days of departure.
Accelerated usage will be invoiced at the cost of a maintenance fee per cabin and provisioning fee per cabin and the maintenance fee will be deducted from the last year of the member’s agreement and work backwards from that date for additional accelerated weeks. The minimum cost of any accelerated cabin will be one maintenance fee and one cabin provisioning fee. 6/12 and 3/6 cannot accelerate their cabin week usage unless their membership is paid in full.
4.8 CARRYOVER USAGE
If Member cannot use a cabin week for any given calendar year, they can carry over the cabin(s) occupancy to following calendar years. A member can also deposit their week with the appropriate exchange company for use of the benefits available though that exchange company. A maintenance fee will be due whether or not the week for that year’s usage has been carried over or not. When this happens, the maintenance fee will be deducted from the last year of the member’s agreement and work backwards from that date for any future carried over weeks.
5. PORT OF DEPARTURE
Member has the option of usage at any of the destinations offered by Festiva Cruise Club, base on availability and the sailing schedule for that specific port. Current home base destinations for sailing/cruising itineraries include: St. Maarten, The British Virgin Islands and The USVIs. Home base destinations, additional destinations and sailing schedules will be determined at the discretion of the management company based on member request.
5.1 CHARTER TYPES
The Charter types available are as follows: 7 night Sunday- Sunday, Saturday- Saturday.
6. RIGHTS OF THE CRUISE CLUB MEMBERS
Each Club Member has the right to use a cabin(s) for the time period stipulated in the Purchase Agreement. These rights include:
a) To live and occupy as a private dwelling, a cabin(s), fully furnished, equipped and clean and with the supply of water and electricity during the period stipulated in the Purchase Agreement for Membership from 5pm on the first day of the weekly interval until 9am on the last day of that same weekly interval.
b) To allow the right of occupation to a third party, provided that the third party is not a minor, and that such a third party undertakes to comply, during his period of occupancy, with the Rules & Regulations of Festiva Cruise Club.
c) To access facilities aboard the yachts, i.e. sporting equipment, music system, library and any other such equipment provided from time to time.
d) To access any of the yachts within the Festiva Sailing Vacations fleet of sailing based on the membership season purchased, sailing schedule and availability.
7. OBLIGATIONS OF THE CRUISE CLUB MEMBER
The obligations of Festiva Cruise Club Member are as follows:
a) To keep the yachts and cabins and all its contents and inventory in good and clean condition and not to damage, or cause, or permit, or suffer any damage to be caused to the same, during the period of this occupancy and indemnify the Lessor against any damage, deterioration or dilapidation (exclusive normal wear and tear and damage or destruction by fire or any risk insured against) which may have taken place during the period of this occupancy as to which the Lessor shall be the sole judge.
b) In the event of any repair or maintenance needed to be carried out in the yachts and its cabin(s) during the period of occupancy of the cabin(s) to allow access on reasonable notice, (except in the case of an emergency) to necessary authorized persons, to enable such work to be carried out with all due diligence and speed and so far as is reasonably possible, not to interfere with the Member(s) enjoyment of their occupancy of the cabin(s) on the yachts.
c) During the period of occupancy, to use the cabin(s) solely for the purpose of private residence.
d) Not to do anything that would constitute a nuisance to any other Member or any other person and in particular, but without prejudice, to the generality of the following:
• Not to cause any noise that may be audible from the outside of the cabin(s) and, in particular, between the hours of 10pm and 9am.
• Not to let children play anywhere onboard unattended, and in particular, in common areas or passageways leading to the cabin(s).
• Not to bring any animals or birds onboard the yachts.
• Not to throw any waste from portholes or deck into the water.
• Not to smoke inside the yacht and only in designated locations as specified by the Captain and/or crew.
• Not to allow more persons to occupy the cabin(s) than stipulated in the Purchase Agreement or as otherwise permitted by the Management Company.
e) Not in any way make any alterations to the yachts or its cabin(s) or the contents thereof.
f) To vacate the yachts and allow access to clean the cabin(s) from 9am on the last day of the occupancy period in order to make it ready for the next member to utilize the premises from 5pm on the same day.
g) Each Member will have responsibility for taking out insurance to cover himself or his family or his guests in respect of a cancellation of the holiday due to circumstances beyond the control of the Lessor and insurance to cover all medical costs for himself, his family and guests, such insurance to also provide cover for any accident or sickness during the period of occupancy.
h) Not to cause, permit or suffer to be caused any act or omission which would render void or violable the insurance of the yachts and its contents, or any other insurance for the time being in force and relating to the yachts or The Cruise Club as a whole, or might operate to increase the premium payable in respect of any such insurance, and to indemnify the Lessor against any increased or additional premium which may be reason of any such act or default may be required for effecting or maintaining any insurance, and in the event of the yachts and/or its cabin(s) or the contents thereof being damaged or destroyed by any such risk and the insurance money being wholly or partially irrevocable by reason solely or in part of any act or default of the Member, then and in every such case may require a fair proposition to be conclusively determined by a surveyor to be appointed by the Lessor of the cost of rebuilding and reinstatement of the same as the case may be together with the whole or such proportion as aforesaid of the fees of such surveyor.
8. YACHT MAINTENANCE FEES & PROVISIONING FEES
8.1 MAINTENANCE FEE
The members are required to pay an annual yacht maintenance fee in the year of their scheduled usage. The fee is currently $800 cabin/year. This fee may be adjusted annually but any increase in such maintenance fee will not exceed 10 % per year. Maintenance fee payments are due by January 1st. If Member’s yacht maintenance fees are not received within thirty (30) days after the date upon which they are due, Member shall be assessed a late fee in the amount of 5% of the total maintenance fee(s) due or $50, whichever amount is greater. Member will also be reasonable for attorney’s fees and the costs of collection, unless otherwise provided by law to the contrary. The annual maintenance charge is due and payable, whether or not the LESSEE uses any of his benefits under this Agreement.
36/12 memberships are billed annually at the per cabin maintenance fee multiplied by three. 24/12 memberships are billed annually at the per cabin maintenance fee multiplied by two. 6/12 contracts will be billed biennially in their scheduled usage years for 12 years at the per cabin maintenance fee. 6/6 contracts will be billed annually at the per cabin maintenance fee. Maintenance fees for 3/6 memberships will be billed biennually in their scheduled usage years for 6 years at the per cabin maintenance fee. Maintenance fees for Quadrennial memberships will be billed annually for 12 years at the per cabin maintenance fee divided by 4. In the event of a Member failing to pay the annual yacht maintenance fee, within 90 days of due date, the members shall forfeit their membership rights of Festiva Cruise Club. Maintenance fee payments may also be paid online by visiting www.festiva.travel/members.
8.2 The annual yacht maintenance fee will cover the following items, which shall be at the exclusive discretion of the Lessor, and it shall include:
a) Maintenance, repair, redecoration (where appropriate), painting, cleaning and, when necessary, the renewal of internal and external structures of the yachts, all machinery and other equipment.
b) Maintenance, repair and, if necessary, replacement of furniture, furnishings, fittings and fixtures in cabin(s) and general areas such as passageways, salon, cockpit and deck areas of the yachts.
c) Insurance of the yachts for the full reinstatement value thereof plus any other insurance which the Lessor shall consider necessary and appropriate according to the law.
d) Annual direct charges or impositions or direct billings in relation to utility services such as water, electricity and waste disposal.
e) Administrative expenses.
8.3 If the member chooses to exchange their occupancy right, the Member is still required to pay the annual yacht maintenance fee to the Lessor.
8.4 PROVISIONING FEE:
If the Member takes up his/her right of occupancy on board the vessel(s) and/or takes up the use of additional cabins through family usage or bonus week usage, he/she will be required to pay, at time of booking, a Provisioning fee per cabin separate from his/her annual yacht maintenance fee. The Provisioning fee includes the cost of crew, any meals on board the yacht, any beverages (including spirits), fuel, all water sports, docking fees, port taxes and diving facilities for certified divers, only available on the vessel(s) for a weekly interval. This fee may be adjusted as required. The current provisioning fee is $2,200/cabin for up to 2 people per cabin occupancy for current home base destinations. The total cabin provisioning fee is due when a cabin week is reserved regardless of the total occupancy for that cabin.
The current provisioning plans for home base destinations are as follows:
7 day Caribbean: 5 dinners, 6 lunches and 7 breakfasts, snacks and beverages including spirits
9. OBLIGATIONS OF THE MANAGEMENT COMPANY
9.1 The Management Company is responsible for activities including but not limited to:
a) To maintain the yachts, including its machinery, equipment and cabins, in a neat and clean condition and make any necessary repairs.
b) The maintenance, repair, redecoration, painting, cleaning and when necessary, renewal of internal and external structures of the yachts.
c) The maintenance, repair and if necessary replacement of furniture, furnishings, fittings and fixtures in cabins as well as general areas such as passageways, salon, cockpit and deck areas of the yachts.
d) To insure the yachts for the full reinstatement value thereof plus any other insurance, which the Lessor shall consider necessary and appropriate according to the law.
9.2 And payments included but not limited to:
a) Annual direct charges or impositions or direct billings in relation to utility services including water, waste disposal, and electricity.
b) The routine weekly maintenance, cleaning and tidying of the interior and exterior of the yachts and amenities pertaining thereto.
c) The handling of all bookings relating to the members rights of occupancy.
d) The Lessor insures all vessels against fire, marine and collision risks and protection and indemnity coverage.
The Vessel, the Lessor, his agents accepts no responsibility for accidents, injuries, or death due to swimming or the use of snorkels, masks or allied equipment such as SCUBA equipment whether supplied by the Lessor, his agents or others. Neither the vessel nor the Lessor listed above are liable for any bodily injury or death related to water skiing, SCUBA diving, spinnaker flying, halyard flying, the vessel’s dinghy, outboard motor, other on-board or in-water activities or use of vessel’s equipment and the Member acknowledges the risks of such activities and agrees to this provision.
The Lessor reserves the right to add, amend, or modify these Rules and Regulations from time to time as may be necessary in the interest of the Members.
Children must be at least 5 years of age when chartering any vessel within the FSV fleet. When chartering a yacht with children under the age of 16 years of age, Members must reserve the entire yacht at the prevailing fees associated to each cabin, i.e. maintenance fee and provisioning fee per cabin.
13. DRUG POSSESSION OR UNLAWFUL ACTIONS
The Member agrees to prohibit the use or possession of any illegal drugs on board the vessel by any members of his party and will be totally responsible for any loss or damage to the vessel due to any violation of Customs or applicable Drug Acts. If such substances are used by or found in the possession of guests, the Captain will put the guests ashore at the next port of call without refund of any charter fees. The Member agrees that the vessel shall be used exclusively for pleasure purposes and will in no way violate the laws of the USA or any other government within the jurisdiction of which the vessel may be at any time throughout the charter.
14. SCUBA DIVING
Guests choosing to participate in SCUBA diving while on their charter must have certification and be willing agree to the Terms and Conditions associated with diving aboard a Festiva Cruise Club (see SCUBA Restrictions for details).
Charterers wishing to SCUBA dive will be designated to specific charter itineraries and, when available, will be coupled with other guests who are wishing to SCUBA dive. Diving charters will be limited to four (4) dives per charter and are subject to the locations as outlined by the Captain of the Vessel.
15. CAPTAIN’S DUTIES
The Lessor certifies that the Captain is competent coastwise and in deep-sea navigation. It is understood by both parties to this contract that the Captain shall handle clearance and normal running of the vessel and be responsible for the safe navigation of the same and that the Member shall abide by his judgment as to sailing, weather, anchorages and pertinent matters.
16. DEPOSIT AND CANCELLATION POLICY
Member agrees to pay any and all fees associated with their booking at the time of reservation confirmation.
For cancellations made within 24 hours of the time the reservation is confirmed, there will be no cancellation fee and the Member will receive a full refund of their deposit and/or week usage.
For cancellations made from 24 hours of time of reservation prior to 90 days of departure, member will receive a full refund minus a $300 cancellation fee per cabin. For cancellations made between 89-60 days of departure date, Member will lose 50% of their charter amount. Cancellations made 59-45 days of departure will lose total amount of charter cost but maintain the use of their week based upon availability at a later date. Cancellations made within 45 days of the departure date will result in loss of entire charter amount as well as the use of Member’s cabin week.