Client Terms and Conditions

ATLANTICO CONSULTANCY - CLIENT TERMS AND CONDITIONS

By giving your confirmation, putting a check mark on the check box on our ‘I’m looking for crew’ form or simply visiting our website , contacting us via email, phone or whatsapp and asking a crew member, you are indicating you agree with our terms and conditions. These may be changed at any time without notice. The following agreement is written for guidance and potential employment protection. We ask that you accept our Terms and Conditions before the process starts, not to inconvenience you, rather to make sure that there are no surprises and so that you end up a satisfied client.

Atlantico Consultancy provides galley design and equipment purchase consultancy for clients, also yacht chef training for experienced and qualified yacht chef candidates from all over the world and interior and galley crew placement consultancy for the Luxury Super Yachts and Mega Yacht Industry. You acknowledge that you do not acquire any rights to reuse the content, layout and data in any manner. Use of the website and its data is governed by these terms and conditions. The data presented by the company is protected under international copyright laws.

The company makes all reasonable efforts to ensure that the information presented to Employers is accurate prior to forwarding information to an employer; however, due to the fact that the data is being entered by individual crew members from various locations, it is agreed that no guarantee as to the accuracy of information presented is expressed or implied.

Definition of Terms

Company, Atlantico, Us, We, Our, Crew Agency: Atlantico Crew Consultancy as a Deniz Kurt is an Italian Registered company which provides galley design and equipment purchases consultancy for clients, also chef training for experienced and qualified yacht chef candidates from all over the world and interior and galley crew placement consultancy for the Luxury Super Yachts and Mega Yacht Industry.
Crew, Crew member, Candidate: Any person or company submitting their information on the website, making verbal presentations to Company personnel, or otherwise indicating their desire to find employment – chef and/or stewardess positions- through the Company.
Registration: The process undertaken by crew seeking work to submit their details to the company.
Employer, Client, You : Any person or corporation requesting crew from the Company, the Employer can be the owner of the yacht, owner’s representative, the captain or any crew member or yacht management company, yacht management company employee or agent acting on behalf of the owner. Atlantico Crew Consultancy does not employ Crew.
Website: The Company website www.atlanticoyachting.com.
Job order: A request to find crew received by Company personnel.
Submitted or Submittal: The forwarding of or presentation of candidates from the Company to the Employer by any means.
Permanent: Any position which does not have a fixed end date or full time and fixed term permanent placements exceeding 7 months.
Seasonal: Any position which has a fixed end date of employment exceeding 2 months but less than 7 months
Temporary: Any position which has a fixed end date of employment less than 60 days.
Validity: These terms and conditions are valid until amended by the company and can be amended at any time.
Crew Coordinator: Company staff who match crew to specific job criteria.
MLC: Means the International Labour Organisation (ILO) Maritime Labour Convention (MLC,2006)

Atlantico Discrimination Policy / Blacklist Policy

Atlantico Consultancy is a Crew Training, Placement consultancy Agency which operates in a non discriminatory manner across gender, sexuality, race, religious beliefs, age and disability. We welcome all applications from people of all backgrounds.
Atlantico does not operate a ‘blacklist’ of any kind.

Employer Agreement

Employers after filling our ‘I’m looking for crew’ form and/or contacting us by email and/or by phone, they are indicating they agree with our terms and conditions. Indicate their agreement with these Terms which also indicates they have read and understood them. If the employer chooses not to accept these Terms and will not be able to fill out the form and/or receive our services.

It is agreed that the Employer appoints Atlantico to provide resumes of crew to be considered for employment, and agrees to pay for services rendered.
Atlantico screens candidates, checks resumes, interviews candidates, checks references and confirms availability as part of our service. But cannot be responsible for the actions of crew members after hiring.
Atlantico does not employ crew. It is the Employer responsibility to hire the crew. Atlantico does not make any payment to Crew. After the commencement of the business relationship between the Crew and the Employer, the Crew and the Employer are responsible to each other in terms of any material and moral demands arising from the business relationship between them. No liability can be attributed to Atlantico for failure to fulfill these obligations.
No crew member / candidate will be charged for registering or being represented by Atlantico. The fee incurred during the recruitment process is solely paid by the client.
Crew members are not required to assist the yacht with any payments to ensure employment.
Atlantico makes sure that candidates are equally offered opportunities to the positions available through the crew coordinator.
All information contained within the CV is to the best of crew member’s knowledge.
All the qualifications and references uploaded are crew’s property and the information contained within is correct and not been falsified or edited in any way by Atlantico.
Before crew are entered into Atlantico’s database system, Atlantico conducts interviews and preliminary screening procedures to help ensure tht candidates meet the Yacht's standards and hold the required certificates for the position. We forward resumes, reference checks and written references of each applicant with photo attachments to you by e-mail.
Crew members are required to take original copies of all their documentation on board with them for the clients records / inspections once they gain employment.
Atlantico makes sure that candidates are informed of their rights and responsibilities before joining a yacht.
You, the employer, agree to hold as confidential the identity of the candidates submitted by the company and further agree not to pass on or otherwise distribute resumes or contact information for applicants received from the company to any other person, or corporation other than for the purposes of reference verification and employment suitability verification. Any violation of this cause is a breach of the agreement. In the event of a breach of this clause the company will be entitled to charge you the equivalent permanent placement fee had they been employed by you for each candidate forwarded to a third party.
The company assumes no authority to hire crew on your behalf. Atlantico brings together the employer and a candidate suitable for their demands. The Employer / Client has the authority and responsibility for the employment of the crew and for the fulfillment of legal responsibilities.
Our recommendation does not constitute a warranty that the crew member is a perfect match for your program and the liability for the costs associated with interviewing, hiring and whenever necessary, repatriating crew members rests solely with the employer. Atlantico strongly recommends that employers conduct their own interviews and verify all references and certifications before offering employment.
Atlantico does not determine the salary of the crew member, nor does it negotiate the salary of the crew member with the client. Atlantico only informs the crew member the current industry salary range. It is the crew member's responsibility to discuss and negotiate salary with the employer. No responsibility can be attributed to Atlantico for the salary of the crew member.
Atlantico acts solely as an intermediary between the Employer and the Crew Candidate, however, there is no employment relationship between Atlantico and any Crew Candidate. For this reason, Atlantico is not legally answerable for unpaid wages owed by the Employer to the Crew and occupational health and safety of crew. All responsibility in this regard belongs to the employer or employer's representative.
For fleet managers, additional yachts in your fleet would count as a “third party” and a fee would be payable should you submit the resume to another vessel in your fleet.
You warrant to indemnify and hold harmless the Company for any breach of data protection regulations caused by your failure to secure private information provided during this transaction with the Company and further warrant to return or destroy all resumes forwarded to you from the Company upon request.
Under the MLC 2006 Legislation, Crew member as a seafarer are entitled to the following by all clients which are MLC 2006 Compliant
- Crew member’s contract should be written in English and contain information on employment agreements, wages, hours of rest, entitlement to leave, repatriation, compensation for a ship’s loss or foundering, manning levels, career and skills development, employment opportunities
- Crew member should receive, as a minimum, employment contract via email prior to joining the client so they have the opportunity to read their contract before signing it
- The following contains some of crew member’s key rights but is not limited to:
  - 2.5 days of holiday per calendar month
  - 10 hours of rest per 24 hours and 77 hours of rest per 7 days
  - Repatriation to your home country
  - Suitable accommodation and recreational facilities
  - Health and social security protection

A full and detailed breakdown of your Seafarers rights can be found here

https://www.gov.uk/seafarer-working-and-living-rights/maritime-labour-convention

Atlantico has provided the necessary information to the employer/ employer's representative and crew candidate about making the agreement in written form. In the case of not making the agreement in written form despite our enlightenment or Social Security and Tax Liabilities in recruitment despite our enlightenment, Atlantico does not have any responsibility. Atlantico informs the crew candidate about MLC 2006 and also informs crew candidates of the possible problems of signing on to a vessel flying a Flag of State which has not ratified the MLC 2006.,
Should crew members become employed through a client of Atlantico’s that we have placed them into then we may require the yacht management company and/or the yacht to provide a copy of the Crew Member’s signed employment agreement for our records. If this is against the boat’s policy we will require an email confirming from the yacht that the crew have received their contract, have signed it, and have a copy with it.

FEE POLICY

A consultancy fee will be charged for any candidate that is employed as a consequence of or resulting from an introduction by Atlantico (whether direct or indirect) within 18 months from the date of the Introduction.
Atlantico does not pay the crew. The Employer shall pay the Crew directly in accordance with the salary terms agreed between the Employer and the Crew.
For full time and/or fixed term Permanent placement (exceeding 7 months) Atlantico’s consultancy fee is 6 weeks of the candidate gross salary and is paid by the employer to Atlantico against an invoice.
For Seasonal Placement (exceeding 2 months but up to 7 months) consultancy fee is 1 month gross salary of the candidate and is paid by the employer to Atlantico against an invoice.
For Temporary Placement, consultancy fee is 25% of the accumulated salary for the period of employment. (daily, weekly or monthly basis-can be called temporary-up to a 2 (two) month period) and is paid by the employer to Atlantico against an invoice.
The client will be invoiced for the consultancy fee at any time after the candidate’s engagement has been confirmed by the client and/or on the day our contract is signed. Atlantico asks that the consultancy fee must be paid within 14 days of the date of invoice or before the engagement commences whichever date comes first.
If all payments are not received within 14 days a fee of 2.5 % interest per day will be charged to the current invoice. Any late payments longer than 30 days could jeopardise warranty. All legal rights of Atlantica are reserved in case of delays in payment lasting more than 30 days. Also, Atlantico may unilaterally suspend the Client's service credits arising from this contract.
The client is liable to pay the bank charges for the payment of the placement fee.
If payment is not received within 14 days of the invoice date, interest of 10% per month will be charged on the outstanding amount until payment is received. Atlantico reserves the right to suspend all services, service credits and replacement guarantees until full payment has been made.
Many yacht crew work as a team with their partner. The company reserves the right to charge a second placement fee for the partner when the crew coordinator makes the employer aware of the team status during the initial introduction.
The Client may arrange a trial cooking for Permanent or Seasonal Chef Placements in order to assess the suitability of a candidate.Trial cookings may be arranged for one (1) or two (2) consecutive days only. The Client shall pay the Chef Candidate directly on a daily basis at the rate agreed between the Client and the Chef Candidate prior to the trial. All travel, accommodation and related expenses, including but not limited to flights, trains, buses, taxis, airport transfers and hotel accommodation, shall be borne entirely by the Client. The Chef Candidate shall prepare menus based on the Client’s preferred cuisine, menu requirements or specific dishes requested for the trial. The Chef Candidate shall advise the Client of the estimated shopping budget required for the trial, and the Client shall provide the necessary budget for all ingredients and related purchases. Where transportation is required during the trial period, the Client shall provide suitable transportation or reimburse the Chef Candidate for all transportation expenses incurred. Where a two-day trial is arranged, the Client shall provide suitable accommodation for the Chef Candidate, regardless of whether the Chef Candidate resides in the same city or region as the Client. Atlantica does not charge any consultancy fee for trial cookings. The Client is solely responsible for all payments due to the Chef Candidate and all associated trial expenses.
Atlantica does not offer free trial cookings under any placement category.
When a candidate has been chosen it is the employer’s responsibility to inform us by email within 48 hours of the conditions of employment; Must include candidates name, position filled, start date and monthly/weekly or daily salary.
Good client discounts are available for multiple placements within the same 12 month period. 1st placement-full fee, 2nd placement- 10% discount, 3rd placement 20%discount, 4 placement or more – 30% discount.
To receive the “good client” discount the invoice must be paid within 14 days of the crew members arrival on board. Failure to pay invoices by the due date will result in the loss of “Good Client” discounts and/or warranty.
There are no quantity discounts available for temporary and seasonal placements.
All consultancy fees paid are non-refundable. The consultancy fee represents compensation for the recruitment services provided by Atlantico, including advertising the role through its database and external CV pools, screening and selecting candidates, conducting interviews, checking references, and handling paperwork. The consultancy fee becomes due once the Employer selects a candidate and is not dependent on the candidate’s performance after employment commences. Accordingly, the consultancy fee is non-refundable under any circumstances.
Atlantico finds a suitable crew candidate for client’s demand and recommends the candidate to client. Client has sole discretion over employing the candidate. Atlantico has no responsibility if the candidate proves to be unsuitable after employment has commenced. If the Employer considers the candidate’s performance unsatisfactory or terminates the employment, no refund shall be due.
For permanent placements, we offer Crew Placement Service Credits. Atlantico allows the yacht a 60-day probation period with the crewmember. If the employment relationship is terminated by either party during the 60-day probation period, Atlantica will provide the Employer with a full Service Credit for use against a future placement for up to three hundred and sixty-five (365) days from the date of invoice, subject to the Service Credit Exclusions set out in the Terms and Conditions.
For seasonal placements, we offer Seasonal Crew Placement Service Credits. Atlantico allows the yacht a 30-day probation period with the crewmember. If the employment relationship is terminated by either party during the 30-day probation period, Atlantica will provide the Employer with a full Service Credit for use against a future placement for up to three hundred and sixty-five (365) days from the date of invoice, subject to the Service Credit Exclusions set out in the Terms and Conditions.
However, considering that the Mediterranean season starts on 1st of April, seasonal service credit is valid for yachts based in Turkey, paying a salary in Turkish lira and getting a Turkish crew, that have asked a seasonal crew member from Atlantico for MED season until 1st of June. After this date, Turkish clients / yachts requesting Turkish crew members with Turkish salary from Atlantico are not entitled to seasonal service credits for the MED season.
There are no credits available for temporary crew placements.
We offer no free trial period on permanent, temporary and seasonal placements.
Atlantico cannot guarantee that it will find a crew member for the replacement within the same salary of the previous crew member. The salary request of the crew member selected by the employer for replacement might be higher or lower than the salary request of the previous crew member.
If the crewmember does not work out, it is the Employer’s responsibility to mention Atlantico by email within 48 hours. This allows Atlantico to provide a new candidate to the yacht. Atlantico is not obliged to place a new crew member if the client does not inform Atlantico in writing by email within 48 hours.
Service Credit Exclusions : There is only one credit per placement. The service credit is inapplicable in any of the following cases.

1. Change in ownership of the vessel

2. Change in captain or more than 50% of the crew

3. Major change in schedule from that planned at the time of hire

4. Failure by employer to maintain a safe working environment

5. Failure by employer to maintain a drug free workplace

6. Failure to pay within 14 days of invoicing

7. Failure to notify the company’s crew coordinator within 48 hours of crew member departure.

8. When the employer is otherwise in default of this agreement

9. When the client does not make salary payment to the crew, change it or defer it.

10. Where the Crew Member resigns due to conflict, harassment, bullying, discrimination, abusive conduct or a hostile working environment attributable to the captain, employer or other crew members, provided that reasonable evidence exists. Such evidence may include, without limitation, emails, text messages, messaging applications, photographs, social media communications or witness statements.

11. When more than 50% of the necessary galley equipment for working order is not available on the boat before the first cruising. This requirement applies to chef placement on newly built boats only.

12. When the crew accommodation conditions on board are not compliant with MLC requirements.

If a crew-member should not complete the probation period or chooses to not continue to work on the yacht full time, and the Employer and crew-member come to an agreement to stay until another crew member is placed on the yacht by Atlantico or by another agent, it is the responsibility of the Employer to inform Atlantico within 48 hours and a 20% of the first week’s salary will be charged to the yacht.
If seasonal placement is extended beyond the period for which the consultancy fee was originally calculated, Atlantico must be notified within 48 hours, Atlantico will issue an additional invoice for the remaining balance in line with Atlantico’s fee policy.
When you employ a Crewmember from Atlantico for a Seasonal or Temporary position and the candidate completes the duration of the seasonal or temporary terms and then you offer the crewmember a permanent or seasonal position, it is the Employer's responsibility to contact Atlantico within 48 hours. You will be then charged the outstanding amount for a seasonal or permanent position.
When Atlantico submits candidates to you and you do not choose the candidates for that position at that time, however at a later date you choose one of the candidates, it is the Employer's responsibility to contact Atlantico within 48 hours. You will be then charged the required consultancy fee according to the employment type.
The client cannot offer a job to any chef introduced by Atlantica without our involvement for 18 months from the date of introduction. In the event that any Crew introduced by us to the Client are employed or re-employed directly by the Client (with or without our involvement) within the period of 18 (eighteen) months from the date of our initial introduction of the Crew, the Client will be charged the applicable consultancy fee in accordance with the fee policy.
There is an 18-month period of cooperation between Atlantico and the crew, starting from the date of crew member's employment. Atlantico will represent the Crew in all employment processes to be established by the employer who employs the crew through providing the crew a new occupation with another employer or recommending the crew to the third parties. As explained with the examples, in case of a job offer from a 3rd person/client/captain/company/yacht to the crew in regard to the employment relationship between the employer and the crew, the client and the crew will immediately notify Atlantico. If a new employment is provided as a result of the representation relationship, Atlantico will charge a consultancy fee from the new client. Otherwise, the Client will be charged the applicable consultancy fee for the new employment in accordance with the fee policy.
Should a crew member be submitted by the Company and be previously known to the Employer, through introduction by another paid placement service or in person, it is the burden of the employer to notify the company within 24 hours of receipt of the candidate’s information. If notification is not received within 24 hours then it shall be viewed as a valid introduction and consultancy fees payable regardless of if another invoice is deemed payable by the second agency.
Should the Employer also be searching for crew online through web searches or listing services, the Employer must disclose the names of any crew members already under consideration. Any crew member submitted by the Company and subsequently hired, who has not previously been declared by the Employer, shall be considered a valid introduction and the consultancy fee shall be payable. This clause is intended to prevent the Employer from using the Company’s services to validate the suitability of a crew member whose resume is publicly available and subsequently avoiding the payment of the placement fee.
In situations where the candidate is known to the Employer but the Employer did not have the correct contact information a full consultancy fee is payable.
Non-Circumvention The Client agrees not to circumvent or attempt to circumvent Atlantico in relation to any candidate introduced by Atlantico. Any crew member introduced by Atlantico shall remain protected for a period of eighteen (18) months from the date of introduction. Should the Client employ, re-employ, engage, recommend, or otherwise facilitate the employment of the introduced candidate, whether directly or indirectly and whether through another agency or third party, the Client agrees to pay Atlantico the applicable placement fee in accordance with this Agreement.

Other responsibilities :

The Employer is responsible for all travel and incidental expenses in getting the candidate to and from the yacht.
Atlantico asks that all vessels, both commercial and private please send a copy of your yacht registration document. It is also helpful to have a safe manning document attached to your client file to ensure correct compliance. Atlantico must strictly keep and respect the confidentiality of any information regarding the Yacht (including all mentions of the Yacht name, model and make outside the scope of this agreement), the Owner, guests and passengers on board, received one way or another regardless of whether this information is available to all the others. Disclosure of such information may lead to immediate termination of this Agreement.
When we place a Permanent candidate with you, that candidate will no longer be head-hunted by Atlantico, nor eligible for placement unless and until they have given you notice of their intent to depart.

We will never knowingly extend offers to permanent candidates that we have placed and collected payment. We will not approach seasonal and/or temporary placement candidates that we have placed unless the start date for the next position is after the end date that you have told us at the time of the job order.
By agreeing to this contract, 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. If not, the client agrees to take full responsibility and ensure that they have other insurance cover to protect the crew member. The client / employer or employer's representative is exclusively responsible for the safety and right to life of the crew candidate, after he/she joins the crew. Atlantico accepts no liability for this matter.
To the fullest extent permitted by law, Atlantico shall not be liable for any loss, damage, cost, expense, claim or liability arising out of or in connection with the recruitment, introduction, engagement, employment, performance, conduct or termination of any Crew Member introduced by Atlantico. Atlantico shall not be liable for any indirect, consequential, incidental or special losses, including but not limited to loss of profit, loss of charter revenue, business interruption, reputational damage or replacement costs. Nothing in this Agreement shall exclude or limit any liability which cannot lawfully be excluded under applicable law.

Complaints Procedure

At Atlantico Consultancy we pride ourselves on providing a personal, transparent and professional service. If you feel we have fallen short of these standards, we encourage you to contact us and we will do our best to resolve the matter promptly and fairly.

If you have a complaint, please write to:

Deniz Kurt / Atlantico Consultancy

Via Frigirola 1 22020 Nesso (CO), Italy

or email: info@atlanticoyachting.com.

We will acknowledge receipt of your complaint within seven (7) business days and aim to investigate and resolve all complaints within twenty-one (21) business days.

ATLANTICO RESERVES THE RIGHT TO CHANGE OR AMEND OUR COMPLAINTS PROCEDURE WITHOUT PRIOR NOTICE.

Intellectual Property

Atlantico Consultancy respects the intellectual property of its clients, members, requests its clients, users and members to do the same. If you believe that your work is being copied in such a way that violates your intellectual property rights, please contact the Atlantico Consultancy as soon as possible.

All rights of reproduction of texts, images, logos, and any element of the pages of the Atlantico Yachting website cannot be reproduced, as a whole or in part, without specific and prior consent of Atlantico Crew Consultancy.

Any copy, in part or as a whole, for advertising or commercial purposes, on any medium whatsoever, is strictly prohibited and/or is subject to the prior written consent of Atlantico Consultancy. Any request for authorization to copy must be sent to: info@atlanticoyachting.com

Privacy Policy

We, as Atlantico Consultancy follow a company policy that respects your personal data. Atlantico Consultancy processes personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and applicable Italian data protection laws.

By using this website you are indicating you agree with our Privacy Policy and Terms and Conditions. If you do not agree with it, please stop using the website. This Privacy Notice details how Atlantico collects and uses the personal data that you provide us if you are.

A copy of our Privacy Policy can be found on our website.(https://atlanticoyachting.com)