Yacht Crew Terms & Conditions

Definition of Terms

Company, 15thavenue, Us, We, Our: 15thavenue is an Italian registered company that provides galley design and equipment purchase consultancy for clients, as well as crew career consultancy for experienced and qualified yacht crew candidates from all over the world for the Luxury Super Yachts and Mega Yacht Industry.

Crew, Crew member, Candidate, Chef, Stewardess: Any person or company submitting their information on the website, making verbal presentations to the company.

Registration: The process undertaken by crew to submit their details to the company.

Employer, Client, You: Any person or corporation requesting consultancy 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. 15thavenue does not employ crew.

Website: The company website www.15thavenue.co.uk.

Permanent Contract: An employment contract made between the yacht owner and crew member for any position which does not have a fixed end date or full-time and fixed-term permanent placements exceeding 7 months, and the consultancy provided by 15thavenue accordingly.

Seasonal Contract: An employment contract made between the yacht owner and crew member for any position which has a fixed end date of employment exceeding 2 months but less than 7 months, and the consultancy provided by 15thavenue accordingly.

Temporary: An employment contract made between the yacht owner and crew member for any position which has a fixed end date of employment less than 60 days, and the consultancy provided by 15thavenue accordingly.

MLC: Means the International Labour Organisation (ILO) Maritime Labour Convention (MLC, 2006).

Employer Agreement

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

It is agreed that the employer appoints 15thavenue to provide resumes of crew to be considered for employment, and agrees to pay for the consultancy services rendered. 15thavenue screens candidates, checks resumes, interviews candidates, checks references, and confirms availability as part of our consultancy service. However, since 15thavenue is not a crew recruitment agency and/or a yacht management company and does not make S.E.A. contracts, employment contracts, or payroll, it is only a consultancy company that recommends candidates or advises on the suitability of existing candidates. It cannot be responsible for the actions of candidates after hiring. 15thavenue does not employ crew. It is the employer’s responsibility to hire the crew. 15thavenue does not make any payments 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 15thavenue for failure to fulfill these obligations.

No crew member/candidate will be charged for registering or being represented by 15thavenue. The consultancy fee is solely paid by the client. Crew members are not required to assist the yacht with any payments to ensure their employment. All information contained within the CV is, to the best of the crew member’s knowledge, correct. All the qualifications and references uploaded are the crew’s property, and the information contained within is correct and has not been falsified or edited in any way by 15thavenue. Before crew are entered into 15thavenue’s database system, 15thavenue guarantees a series of interviewing methods to ensure that the crew is up to the Super Yacht standards and that they hold the current tickets required for the position. We forward resumes, reference checks, and written references of each applicant with photo attachments to you by email.

Crew members are required to take original copies of all their documentation on board with them for the client’s records/inspections once they gain employment. 15thavenue 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 clause 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 contract consultancy 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. 15thavenue consults 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. 15thavenue highly insists that all employers conduct detailed interviews and verify all licensing and reference information before extending an offer of employment to any candidate.

15thavenue does not determine the salary of the crew member, nor does it negotiate the salary of the crew member with the client. 15thavenue only informs the crew member of 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 15thavenue for the salary of the crew member.

15thavenue just gathers crew candidates and employer/employer’s representative; however, there is no relation on the basis of Labor Law between the crew candidate and 15thavenue. For this reason, 15thavenue is not legally answerable for the fees/salaries that are not paid to crew and the 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 members as seafarers are entitled to the following by all clients who 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 members should receive, as a minimum, an employment contract via email prior to joining the client so they have the opportunity to read their contract before signing it.
• Having signed their contract, you are entitled to a copy of it.
• The following contains some of the 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 seafarer’s rights can be found here.

15thavenue has made the necessary enlightenment to the employer/employer’s representative and crew candidate about making the seafarer employment agreement in written form. In the case of not making the agreement in written form or in case of non-fulfillment of social security and tax liabilities in recruitment despite our enlightenment, 15thavenue does not have any responsibility. 15thavenue only informs the crew candidate about MLC 2006 and 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.

Fee Policy

A consultancy fee will be charged for any candidate that is employed as a consequence of or resulting from an introduction by 15thavenue (whether direct or indirect) within 18 months from the date of the introduction.

15thavenue does not pay the crew. We ask that our clients pay the crew directly on an hourly, daily, or monthly basis at a rate and frequency agreed with 15thavenue prior to the commencement of their engagement.

For full-time and/or fixed-term permanent contracts (exceeding 7 months), 15thavenue’s consultancy fee is 6 weeks of the candidate’s net salary and is paid by the employer to 15thavenue against an invoice.

For the seasonal placement contract (exceeding 2 months but up to 7 months), the consultancy fee is 1 month’s net salary of the candidate and is paid by the employer to 15thavenue against an invoice.

For the temporary placement contract, the 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-month period) and is paid by the employer to 15thavenue 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. 15thavenue asks that the consultancy fee must be paid within 14 days of the date of the invoice or before the engagement commences, whichever date comes first