Terms and conditions

These terms apply to every recruitment search carried out by the Agent. For each search, the Agent and the Client also sign a recruitment agreement setting out the position, the fee and any specific conditions. If anything in these terms conflicts with a signed recruitment agreement, the recruitment agreement prevails.

The Agent sources, interviews and assesses candidates, verifies their certificates, sea service and references with reasonable efforts, and presents a shortlist in line with the Client's requirements. The Agent acts only as an intermediary. It does not employ crew and is not a party to the employment contract between the Client and the crew member. Searches are non-exclusive unless agreed otherwise in writing.

The Client gives the Agent accurate and complete information about the position, the yacht, the salary and the working conditions, and tells the Agent promptly if any of these change. As employer, the Client is responsible for:

• giving the crew member a written seafarer employment agreement (SEA) that complies with the Maritime Labour Convention (MLC 2006) and the law of the yacht's flag state;
• paying salary in full and on time;
• repatriation, medical care and the insurance or financial security required by the MLC;
• obtaining and paying for any visas or work permits the position requires.

The Agent may decline or end a search if it reasonably believes these obligations will not be met.

The fee for each search is agreed in writing before the search begins. The Agent offers two fee models:

• Staged fixed fee: a fixed fee agreed in advance, which does not change with the crew member's final salary. It is paid in four instalments: 15% on signing the recruitment agreement, 30% when the crew member signs the employment contract or joins the yacht (whichever is earlier), 40% after 3 months on board, and 15% after 6 months on board. The search starts once the first instalment has been received.
• Standard fee: a percentage of the crew member's monthly salary, payable within 14 calendar days of the start date on board: 100% for full-time positions (contracts of 6 months or longer), 70% for seasonal positions (less than 6 months) and 30% for part-time positions.

No other fees or costs are charged without the Client's prior written approval. Sailing Match never charges crew any fee for recruitment, in line with the Maritime Labour Convention (MLC 2006).

Invoices are payable by bank transfer within 14 calendar days of the invoice date, unless the recruitment agreement says otherwise. Bank charges are borne by the Client. All fees are exclusive of VAT. Spanish VAT (IVA) is added where applicable. Clients that are businesses established outside Spain are invoiced without Spanish VAT under the reverse-charge or non-subject rules, on provision of a valid VAT or company registration number.

A candidate is introduced when the Agent sends their name and profile or CV to the Client in writing. If the Client, or any yacht owned or managed by the same owner, hires a candidate introduced by the Agent within 12 months of the introduction, directly or indirectly and in any position, the full fee applies. This applies even if the search has ended. If the Client has already received the same candidate from another source, it must tell the Agent in writing within 48 hours of the introduction, with evidence of the earlier introduction. Otherwise, the Agent's introduction stands.

Under the staged fixed fee, if the Client hires someone who was not introduced by the Agent, the search ends and no further instalments are due. The first instalment is not refunded. It becomes a credit for 12 months against the fee for another crew placement made by the Agent for the same yacht or another yacht owned or managed by the same owner. The credit is not refundable, not convertible into cash and not transferable to another owner.

If a placed crew member resigns, or is dismissed for performance or conduct, within 6 months of their start date under the staged fixed fee, or within 4 months under the standard fee, the Agent will provide one replacement at no additional fee. The guarantee applies only if all fees due have been paid in full and on time, and the departure was not caused by mistreatment, late payment of salary or a breach of contract by the yacht or its owner. It does not apply if the yacht is sold, laid up or withdrawn from its programme, or if the Client ends the employment for any other reason. In these cases, under the staged fixed fee, all remaining instalments become payable within 14 calendar days of the Agent's invoice. Under the staged fixed fee, instalments already paid are not refunded, and instalments not yet due continue from where they stopped, counted from the replacement's start date.

The Agent makes reasonable efforts to verify each shortlisted candidate's certificates, sea service and references. It discloses any material casualty, insurance claim or disciplinary history known to it or declared by the candidate, with the candidate's consent and in line with data protection law. The final decision to hire is the Client's. The Client may also carry out its own checks before hiring, such as interviews or a trial period.

Both parties keep all shared information confidential, including candidates' personal details and the yacht's operational details. The Agent will not publicly advertise a position, or name the yacht or owner, without the Client's consent. Personal data is handled as described in our Privacy & Legal Notice.

The Agent cannot guarantee a candidate's future behaviour or performance, and is not liable for any loss, damage or claim arising from a placed crew member's conduct after placement. The Agent is not liable if a candidate declines an offer, or is unable to join the yacht at the time or place requested. The Agent is not liable for any indirect or consequential loss, including loss of charter income or profit, delay to the yacht, or fines and penalties. The Agent's total liability for any search is limited to the fees paid for that search.

Neither party is liable for any failure or delay in performing its obligations caused by events beyond its reasonable control. This does not suspend any payment already due.

Either party may end a search with 7 days' written notice. Ending a search does not affect fees already due, any credit, the candidate protection in section 6, or confidentiality.

These terms are governed by Spanish law. Any dispute will be submitted to the courts of Barcelona, Spain. These terms are published in English, Spanish, Italian, French and Catalan. If a translation differs from the English version, the English version prevails.

Questions about these terms: crew@sailingmatch.com

We may update these terms from time to time. Changes apply to searches agreed after the update is published. The version in force when a recruitment agreement is signed applies to that search.