Terms of Sale
General Conditions of Service
Service contract — FLYN fiscal and legal yacht-navigation follow-up service. This document defines the service provided by FLYN-YACHTING, its conditions and the data required. The example below applies to the product “VAT calculation for a transport contract”.
The FLYN-YACHTING report
Subject to the provision of certain elements of the commercial activity, the detailed report delivered to the owner, manager or captain includes:
- The VAT rate applicable to the commercial transport contract with regard to the itinerary followed, analysed leg by leg where disembarkation and embarkation take place during the cruise.
- The number of trips counting towards the 70% “high-seas navigation” criterion, with a value of 1/1 for each international trip and 0/1 for a national trip.
Responsibility of the shipowner
It is the responsibility of the shipowner or their representative to ensure that:
- its flag and registry authorise it to carry out this commercial activity;
- the fiscal status of the yacht complies with the rules of the countries visited;
- it complies with the European and national requirements for tax exemption of its supplies (the so-called 70% rule);
- it is able to present proof of the preceding points as well as the type of stopover made.
- A simple anchorage with no commercial operation ashore (no purchase of goods or services) is fiscally considered as navigation in territorial waters. FLYN-YACHTING carries out no verification of these documents, neither a priori nor a posteriori.
Data required before departure
- Identity of the yacht: name, flag, length, beam, MMSI number, IMO number if applicable.
- Place and time of commencement of commercial navigation and nature of the contract (transport / charter).
- VAT withheld in the contract (international, national or mixed).
- Planned itinerary (list of ports or anchorages with start and end times).
- Place and time of the end of commercial navigation.
Commercial events during the cruise
- Place and time of the beginning and end of any stopover at the “homeport” constituted by a new passenger embarkation and/or a final passenger disembarkation.
- Place and time of the beginning and end of any transit stopover abroad.
- AIS positions of the yacht — continuous navigation data, with a minimum accuracy of approximately one point every 15 minutes.
Customer commitments
- Transmit the necessary information during the cruise, in particular the different types of stopovers and embarkations/disembarkations.
- Ensure the continuous transmission of the yacht’s AIS positions, possibly supplemented by the position information transmitted to FLYN-YACHTING.
- Pay FLYN-YACHTING 50% of the amount due before the start of the contract, this amount covering the purchase price of the data for the period.
- Pay FLYN-YACHTING the balance and any VAT upon delivery of the cruise report.
FLYN-YACHTING commitments
- Produce a report in accordance with the contract specifications, by analysis of the data.
- Provide this report within 48 hours of the yacht’s return to the port of disembarkation or, failing the required data, within 48 hours of its complete provision.
- Upon proper completion of the contract, destroy — in accordance with the GDPR — all documents and data provided by the customer, keeping only one copy of the final report.