CAPTAIN AGREEMENT (TERMS FOR CAPTAINS)
YACHTPOINT BG OOD
Effective from: 4 June 2026 · Last updated: 4 June 2026
1. Parties and definitions
This Agreement is between:
- YACHTPOINT BG OOD, UIC 208803797, registered at Burgas, zh.k. Meden Rudnik, bl. 16, ent. 5, fl. 8, ap. 22, email info@yachtpoint.bg (the “Platform” or “YachtPoint”), and
- the Captain — the person (natural or legal) registered to provide charter services through the Platform.
Definitions:
- “Platform” — the online platform and services at yachtpoint.bg.
- “Customer” — an end consumer who books a charter.
- “Charter” / “Service” — a skippered cruise on a specific date and time, provided by the Captain.
- “Commission” — YachtPoint’s fee of 10% of the booking value.
- “Carrier” / “ship operator” — the Captain, within the meaning of the Maritime Commercial Shipping Code (КТК).
2. Nature of the relationship
- This Agreement is an intermediation contract (договор за посредничество). YachtPoint is an intermediary that connects Captains with Customers and provides them an online platform and ancillary services (payment processing, refunds) in the name of the Captain.
- The Captain is the sole provider of the charter service and the sole carrier (ship operator) within the meaning of the КТК. The service contract is concluded directly between the Captain and the Customer.
- The Captain acts as an independent contractor. This Agreement does not create an employment relationship, company, joint venture or agency for any purpose beyond what is expressly agreed here. The Captain independently sets the prices, availability and working hours of their charters and is solely responsible for organising and conducting them.
3. Authorisation (mandate)
By accepting this Agreement, the Captain expressly authorises YachtPoint, in the name of and for the account of the Captain (Arts. 36–43 of the Obligations and Contracts Act — ZZD), to:
- receive and transmit to the Captain the booking requests from Customers and communicate the Captain’s decision (confirmation or refusal) to the Customer; the confirmation or refusal of the booking itself is made by the Captain;
- collect booking payments through the payment provider Stripe (Stripe Connect);
- deduct the 10% Commission from the amounts collected;
- issue booking confirmations and documents to the Customer;
- process refunds and reversals under the Cancellation and Refund Policy.
The Captain consents, under Art. 38 ZZD, to YachtPoint acting simultaneously for multiple captains and having its own commercial interest (the Commission). This authorisation is valid for the term of the Agreement.
4. Registration, verification and self-certification (Regulation (EU) 2022/2065 — Digital Services Act)
- On registration the Captain provides and keeps current: name, address, phone, verified email, ЕГН (or UIC/BULSTAT for legal entities), a captain’s-licence document, and payout details (via Stripe Connect).
- The Captain self-certifies (Art. 30(1)(e) of Regulation (EU) 2022/2065) that they will offer only services that comply with applicable EU and Bulgarian law.
- The Captain declares whether they act as a trader or as a private individual and is responsible for the accuracy of the data provided.
- If data is inaccurate or not updated, YachtPoint may suspend the Captain’s listings or account until the discrepancy is remedied. Verification data is stored securely for 6 months after the relationship ends, then deleted (Art. 30(5)), unless a longer period is required by tax/accounting law.
5. Captain’s obligations regarding listings and conduct
The Captain undertakes:
- to provide true and complete information about the vessel (specifications, photos, capacity, prices);
- to keep availability and working hours current;
- to honour confirmed bookings;
- to communicate promptly and professionally with Customers;
- to comply with all applicable laws and safety rules.
6. Prices, Commission and payment
- The Captain sets the prices of their charters.
- For each booking made, the Captain pays YachtPoint a commission of 10% of the booking value, plus a payment-processing fee corresponding to the fees of the payment provider (Stripe), which depends on the type and country of issue of the Customer’s card. The total deduction from the amount due to the Captain is therefore as follows (indicative):
- cards issued in the EEA: 11.5% + €0.25 (EEA American Express: 12% + €0.25);
- cards issued in the United Kingdom: 12.5% + €0.25;
- other foreign cards: 13.25% + €0.25 (foreign American Express: 13.8% + €0.25).
- The exact processing fee is determined by the card details Stripe provides at the time the booking is confirmed. If Stripe does not report the card’s country of issue, the EEA tier applies. Stripe’s fees are set by Stripe and may change.
- Payment is collected from the Customer through Stripe in the name of the Captain; the amounts above are deducted, and the remainder is paid to the Captain after the charter takes place (is completed), with the payout initiated within 7 business days after the charter. The arrival of the funds in the Captain’s bank account depends on Stripe’s schedule.
7. Cancellation, refunds and chargebacks
- The Captain is bound by YachtPoint’s Cancellation and Refund Policy, including the tiers: Customer cancels more than 72 hours before the charter → 100% refund; 72 hours or less → 50% refund (approximately 45% to the Captain, 5% to the Platform); Captain cancels → 100% refund to the Customer; cancellation due to weather/safety → full refund or reschedule at the Customer’s choice; Customer no-show → 100% retained.
- On a refund, YachtPoint also returns its Commission. The Captain owes no additional fee in connection with the refund itself — any Stripe processing fee on the original payment that Stripe does not return is borne by the Platform.
- On a card chargeback by a Customer, the disputed amount is borne by the Captain as provider/carrier; YachtPoint may set off or recover the relevant amount from payments due to the Captain.
8. Captain’s warranties
The Captain warrants that, throughout the term:
- they hold a valid competency certificate (captain’s licence) appropriate to the vessel, the area of navigation and the number of passengers;
- they are the ship operator/carrier and lawfully operate the vessel, which is duly registered, holds valid safety documents and is seaworthy and fit to carry passengers;
- they comply with the Maritime Commercial Shipping Code and applicable navigation-safety and passenger-number rules;
- they hold and maintain all legally required insurance (see section 9);
- they are solely responsible to the Customer as provider and carrier.
9. Insurance
- The Captain must hold and maintain all insurance required by law for their vessel and for the passenger-carriage activity they perform, and renew it on time.
- Where the vessel is licensed to carry more than 12 passengers, the compulsory passenger-insurance requirements of Regulation (EC) No 392/2009 (Athens Convention) apply, including minimum cover of 250,000 SDR per passenger (SDR — Special Drawing Rights, an international unit of account of the International Monetary Fund; approximately equivalent to around €310,000 per passenger).
- Where compulsory passenger “Accident” insurance under the Insurance Code applies, the Captain must hold it.
- The Captain alone determines and arranges the insurance legally applicable to them and, on request, provides YachtPoint with evidence of its validity. YachtPoint does not determine or guarantee the Captain’s insurance cover.
10. Liability and indemnity
- The Captain bears sole responsibility for the conduct, quality and safety of the charter, for the seaworthiness of the vessel, for holding the necessary qualifications and insurance, and for any personal injury, death, property or other damage occurring during or in connection with the charter.
- The Captain indemnifies and holds harmless YachtPoint against all claims, damages, fines, costs and legal fees arising from: the charter; acts or omissions of the Captain or their crew; personal injury, death or property damage; lack of required qualification, insurance or seaworthiness; and breach of the Captain’s warranties or of the law.
- YachtPoint’s liability to the Captain is limited to the extent permitted by law; YachtPoint is not liable for indirect or consequential damage, lost profits, platform downtime, or acts/omissions of third parties (including Stripe).
11. Data protection
- YachtPoint and the Captain are separate (independent) controllers of the personal data each processes, not joint controllers.
- Customer data provided to the Captain to perform the charter (name, contact, meeting point) is provided solely for the purposes of the specific charter. The Captain undertakes to use it only for that purpose, to protect it under Regulation (EU) 2016/679 (GDPR), not to use it for marketing, and not to retain it longer than necessary.
- Each party notifies the other of a data-security breach. The Captain indemnifies YachtPoint for unlawful use of Customer data.
- The processing of the Captain’s data is described in the Privacy Policy.
12. Intellectual property
The Captain grants YachtPoint a non-exclusive, royalty-free licence to host, display, resize and promote the photos and listing content they upload, and their name/trading name, for the term of the Agreement. The Captain warrants that they own the rights to this content.
13. Ranking transparency
The ranking of listings in the Platform’s search results is determined by the following main parameters (in no fixed order of weight): availability for the selected date, price, completeness of the listing, ratings and reviews, responsiveness, and number/history of cancellations, as well as relevance to the Customer’s search criteria (e.g., location, capacity). Ranking may also be influenced by paid placement/promotion; where a listing’s ranking is affected by payment, this is identified as such (e.g., “Promoted” / “Sponsored”). This information describes the main parameters and does not disclose the full algorithm or affect trade secrets.
14. Differentiated treatment and additional channels
YachtPoint does not give its own or controlled listings differentiated (more favourable) treatment compared to Captains’ listings. If YachtPoint promotes listings through additional channels (e.g., social media, advertising), it does so without discrimination between Captains.
15. Access to data
The Captain has access to the data generated by their use of the Platform, including: their booking and Customer data (for the purpose of performing the charter), ratings and reviews, and payment history, through their account on the Platform.
16. Anti-circumvention
The Captain undertakes not to divert Customers who have contacted them through the Platform to conclude transactions outside the Platform in order to avoid the Commission. This restriction applies only to Customers introduced through the Platform and does not otherwise restrict the Captain’s commercial activity outside the Platform.
17. Taxes
- The Captain is fully responsible for their own taxes, including income tax under the Personal Income Tax Act (ZDDFL) for natural persons, and for VAT registration if thresholds are exceeded. YachtPoint does not withhold advance tax from the amounts paid to the Captain. The Captain declares their tax status (including whether they are a self-insured person) and is responsible for its accuracy.
18. Suspension, restriction and termination
- Restriction or suspension of individual listings or the account: YachtPoint may restrict or suspend a listing/account on grounds such as an invalid or expired licence, lapsed insurance, an unseaworthy vessel, safety violations, fraud, repeated cancellations or no-shows, serious/repeated negative reviews, or breaches of law. When doing so, YachtPoint provides the Captain with a statement of reasons on a durable medium (Art. 4(1) of Regulation (EU) 2019/1150).
- Termination of the whole Agreement by YachtPoint: with at least 30 days’ notice and a statement of reasons, except in the cases under Art. 4(4) of Regulation (EU) 2019/1150 (legal obligation, repeated infringement, imminent danger, fraud).
- Termination by the Captain: the Captain may terminate the Agreement and delete their account with notice. Already-confirmed bookings are honoured or refunded under the Refund Policy; payouts due are settled.
- On revocation of a suspension/restriction, YachtPoint restores access without undue delay.
19. Changes to the Agreement
YachtPoint may amend this Agreement by notifying the Captain on a durable medium with at least 15 days’ notice (or longer where technical or commercial adaptations are needed). The Captain may terminate the Agreement before the changes take effect. Submitting new listings after the notice is deemed acceptance. Changes do not have retroactive effect.
20. Complaints and mediation
- The Captain may submit a complaint to YachtPoint at info@yachtpoint.bg; YachtPoint reviews complaints and responds within a reasonable time.
- If the dispute is not resolved this way, the Captain retains the right to refer the dispute to the competent Bulgarian court. By mutual agreement, the parties may also resort to mediation under the applicable law.
21. Force majeure
Neither party is liable for non-performance caused by circumstances beyond its reasonable control (including severe weather, natural disasters, governmental restrictions). Cancellation of a charter due to weather or safety is governed by the Refund Policy.
22. Governing law and jurisdiction
This Agreement is governed by Bulgarian law. Disputes are subject to the competent Bulgarian court. The possibility of mediation under Regulation (EU) 2019/1150 is preserved.
23. Miscellaneous
- If any clause is invalid (including for conflict with Regulation (EU) 2019/1150), the remaining clauses remain in effect.
- The Captain confirms that they have read and are bound by YachtPoint’s General Terms, Cancellation and Refund Policy, Privacy Policy and Cookie Policy.
- Notices under this Agreement are given on a durable medium (including by email).
- This Agreement is drawn up in Bulgarian, which is the legally binding version; the English translation is for convenience only, and in case of discrepancy the Bulgarian version prevails.
