These Applicant Terms set forth the rules that apply to an Applicant using the services available on www.dmbyachting.com. By expressing your interest to work with us and using our website, you agree with these Applicant Terms. Together with our Website Terms, our Legal Notice and the Privacy Policy, these Applicant Terms constitute a binding agreement between you and DMB Yachting Group of Ross House, The Square, Stow On The Wold, Cotswolds, United Kingdom, GL54 1AF with Company Registered Number 11550963.
If you experience any difficulty in understanding these Applicant Terms, or if you do not agree with the contents thereof, we request that you discontinue using this Website, Database and our Services (collectively “Website”). All applicants agree to monitor and keep updated with these terms and any subsequent updates and/ or amendments.
This Applicant Agreement, version 1.1 was last updated in December 2020.
Overview of the Website
The Website offers services for both applicants looking for job opportunities (“Applicants”) and employers (“Employers”) looking for Applicants. Through an integrated web-based platform, CVs of Applicants (“CVs”) can be submitted, verified and enriched in order to enable Employers to consult and compare CVs.
CVs can either be directly submitted by an Applicant or can be submitted by an Employer. In the latter case, the Applicant can correct and validate the CV submitted by an Employer.
These Applicant Terms apply during the entire period of time that a CV of the Applicant is uploaded to, or made available on, the Website.
The applicant may at any time and on his own initiative delete his/her account or withdraw his/her CV from one or the other employer who owns it, in accordance with the provisions of the Privacy Policy. The Applicant acknowledges that DMB Yachting Group cannot prevent Employers that previously gained access to the Applicant’s CV, to have stored a (partial) copy of the CV.
Obligations of The Applicant
The Applicant guarantees that all information in, or related to, a CV that is either uploaded by him/her or (if uploaded by an Employer) validated by him/her, is correct, complete and accurate.
The Applicant warrants that, in accordance with all applicable national rules, he is at least 18 years old and is allowed to use the Website, upload the CV to the Website, and enable DMB Yachting Group to use the CV as set forth in this Agreement.
The Applicant agrees that he is solely responsible for the content of any information placed on the Website by him/her, and for any consequence that may arise out of such placement.
The Applicant acknowledges that by uploading references in his CV (e.g., regarding previous employers or specific education), DMB Yachting Group or concerned employers may contact such references by email to verify the claims made by the Applicant. The Applicant explicitly provides DMB Yachting Group and concerned employers the right to send such emails in the Applicant’s name.
The Applicant agrees that DMB Yachting Group may amend the CV provided that the Applicant has the right to gain indirect insight into his CV.
The Applicant undertakes not to use the Website to (i) download, send, or disseminate data containing viruses, worms, spyware, malware or any other similar malicious programs; or (ii) carry out any calculations, operations or transactions that may interrupt, destroy or restrict the functionality of the operation of the Website.
Services on the Website are only accessible in case of complete and correct registration on the Website. Access to the services offered on the Website requires the combination of a login and a password. The Applicant undertakes to comply strictly with the appropriate procedures regarding access to the Website. The Means of Access are strictly personal and the Applicant is responsible for the safeguarding, confidentiality, security and appropriate use of the Means of Access by him/her and undertakes to take all steps to prevent any unauthorised third party from gaining knowledge and making use thereof. The Applicant will notify DMB Yachting Group immediately of the loss, theft, breach of confidentiality or any risk of misuse of the Means of Access. The Applicant is fully responsible for any use of the Website, as well as for any detrimental consequences that may arise directly or indirectly therefrom, until the time that such notification is made.
Should you become employed through a client of DmB Yachting Group that we have placed you into then you will be required to send a copy of your signed contract to us. If this is against your boats policy we will require an email confirming that you have received your contract, have signed it, have a copy and you are happy with it.
Request for statutory documentation
DMB Yachting Group, under the MLC Convention, is contracted to provide appropriately qualified individuals to our Clients. By signing (‘ticking’) on our registration page, you warrant that you will provide on request to us statutory documentation such as Certificates of Competency, STCW certification, passport, marine medical (eg. ENG1) as well as any references from prior engagements.
Obligations of DMB Yachting Group
DMB Yachting Group, in its sole discretion, has the right to remove or suspend access to any CV of an Applicant from the Website, or to terminate or suspend the Applicant’s use of the Website, if: (i) the CV or the Applicant’s Website account is not in accordance with this Agreement; (ii) the CV has not been maintained or contains outdated, harmful or illegal information; or (iii) the Applicant breaches any term of this Agreement. DMB Yachting Group shall use reasonable efforts to inform the Applicant of any such removal or suspension.
DMB Yachting Group does not guarantee that use of the Website will lead to finding a job.
Intellectual Property
Subject to our Website Terms, DMB Yachting Group grants the Applicant a limited, revocable, personal, right to access and use the Website, for the sole purpose of searching for a job for himself or herself.
Subject to these Applicant Terms, the Applicant agrees to waive any and all intellectual property rights and proprietary rights regarding any CV submitted or modified by the Applicant, and agrees that DMB Yachting Group has the right to use (and allow others to use or consult) the CV on any website and for any CV-related service, until Applicant explicitly withdraws the CV.
Risk Allocation
DMB Yachting Group provides an open platform where Employers and Applicants can meet. While DMB Yachting Group has the right to occasionally check CVs and any other information contained on the Website, and all users of the Website are invited to inform DMB Yachting Group about any incorrect, harmful or illegal information, DMB Yachting Group does not verify all information available on the Website.
DMB Yachting Group will undertake all reasonable efforts to execute its obligations with respect to the Applicant. However, to the maximum extent permitted by law, (i) the sole remedy of the Applicant for any contractual or extra-contractual damage incurred, consists of the correction by DMB Yachting Group of any error, to the extent such correction is commercially reasonable; (ii) the maximum contractual and extra-contractual liability of DMB Yachting Group for any direct damage incurred by the Applicant shall be limited to £25; and (iii) DMB Yachting Group cannot be held liable for any indirect damage (such as loss of profits, loss of image or reputation, claims of third parties, loss of data, loss of customers or revenue, etc.).
DMB Yachting Group shall not be liable in case of force majeure (which is understood to be any event beyond the reasonable control of a party), including but not limited to fire, flood, earthquake, forces of nature or acts of God, acts of war, terrorism, strikes, pandemic, epidemic telecom disruptions, external hacking or substantial software bugs.
DMB Yachting Group cannot be held liable with regard to services offered by third-party service providers through the credit system.
Nothing in these Applicant Terms limits the liability of DMB Yachting Group for fraud, wilful intent, death, bodily injury or gross negligence.
The Applicant agrees to indemnify, defend and hold harmless DMB Yachting Group against all claims of third parties (including, without limiting to, employers) resulting from (i) any information placed on the Website by the Applicant; (ii) an infringement on the rights of a third party; or (iii) a breach of these Applicant Terms.
Without prejudice to the rights of DMB Yachting Group, in the event of breach (or in the event of risk of breach) by the Applicant of the terms of this Agreement, DMB Yachting Group has the right to suspend access to the Website wholly or partially with immediate effect, without prior notice of default and without giving the Applicant any right to compensation.
Miscellaneous
Access to this Website may not be lawful in some countries and such persons have no right to access or use the Website. Access to the Website is always on the Applicant’s own risk, and only the Applicant is responsible for observing all regulations applicable to him/her.
If any clause of these Applicant Terms is held to be invalid, illegal, or unenforceable, the remaining clauses of these Applicant Terms will not in any way be affected or impaired.
If the Applicant no longer uses or may use the Website and the Service, these Conditions remain in force and the Applicant has the obligation to immediately stop all use of and all access to the Website.
The Applicant has no right to transfer any right or obligation on the basis of these Conditions.
No failure to exercise any right or delay in exercising that right, in connection with these Conditions, shall operate as a waiver of that right or any other right.
The Applicant accepts that the functionality and operation of the Website can be changed from time by DMB Yachting Group without prior notice.
In view of the further development of the Website, this Agreement may be subject to modifications by DMB Yachting Group. In the event of such changes, the Applicant will be informed reasonably in advance of the change. Any use of the Website by the Applicant after the entry into force of the modified Agreement, as well as the existence of any Applicant account that is not deactivated before the entry into force of the modified Agreement, shall be deemed as an acceptance of the modified Agreement.
MLC Guidelines for Recruitment and Placement Agencies
This section describes how DMB Yachting Group operates to comply with the International Labour Organization’s (ILO) Maritime Labour Convention 2006 (MLC), ITF Agreement (International Transport Workers’ Federation), and British Maritime and Coastguard guidelines according to Merchant Shipping 2014.
We do not use means, mechanisms or black-lists intended to prevent or deter seafarers from gaining employment for which they are qualified. [re. MLC A1.4 para 5 (a)]
We make sure that no fees or other charges for providing employment to Seafarers are borne directly or indirectly by the Seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book or the Panama Book (if working on a ship flying Panama flag) and a passport or other similar personal travel documents, not including, however, the cost of visas. [re. MLC A1.4 para 5 (b)]
We maintain an up-to-date register of all Seafarers recruited or placed through us, to be available for inspection by the competent authority. [re. MLC A1.4 para 5 (c) i]
We inform Seafarers of their rights and duties under their employment agreements in the process of engagement. The Seafarer can examine their employment agreements before and after they are signed as they receive a copy of it on board the ship. [re. MLC A1.4 para 5 (c) ii]
We verify that Seafarers recruited or placed by us are qualified and hold the documents necessary for the job concerned (including STCW-95 compliant Training Certificates, that are at Seafarer’s expenses). All Seafarers’ Employment Agreements are in accordance with applicable laws and regulations and the collective bargaining agreement that forms part of the employment agreement. [re. MLC A1.4 para 5 (c) iii]
We examine and respond to any complaint concerning our activity in compliance with our Complaint Handling Policy. [re. MLC A1.4 para 5 (c) v]
We are contactable in an emergency at all hours. [re. MLC B1.4 para 2 (c)]
No transaction between us and the Shipowner is permitted in regards to our placement and recruitment activity promoting the exploitation of Seafarers. [re. MLC B1.4 para 2 8 (e)]
Our Staff responsible for the supervision of Seafarers’ Recruitment and Placement Service (General Manager) has an adequate training, approved sea experience and relevant knowledge of the maritime industry including the relevant maritime international instruments on training, certification and labour standards. [re. MLC B1.4 para 1 (f)]
Law and Jurisdiction
These terms and conditions and the relationship between you and DMB Yachting shall be governed by and construed in accordance with the Law of England and Wales and DMB Yachting and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
A Few Tips Before You Join
Seafarer Employment Agreement (SEA)
Every seafarer working on a UK sea-going ship to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 (S.I. 2014/1613) apply must have a written SEA with the shipowner/employer in respect of the seafarer’s work on the ship.
Guidance on SEA is given in MGN 477 (M) and MIN 529 (M)
Trainees, whose sole purpose for working on a ship is to receive training, are regarded as seafarers for the purposes of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 should have a training agreement with a training provider. That training agreement may be considered to be substantially equivalent to a SEA.
Guidance on Training Agreements is given in MGN 485 (M).
You must make sure to read the draft Seafarers Employment Agreement (SEA), which is available on our website. Click here to read. You understand that the SEA is to be similar to that which should be offered to you when engaged in yacht employment. It details all the yachts obligations to you under MLC 2006.
You, however, understand that while it is a good example, there is not a standard SEA.
Compliance with a Collective Bargaining Agreement
SEAs must follow current appropriate national regulations and laws and must detail any Collective Bargaining Agreement that are applicable to them. Combined together, the SEA and Collective Bargaining Agreement should not be less favourable than MLC’s minimum standards.
MLC offers all Applicants the right of sufficient time to scrutinise the content prior to and after signing a SEA with the Client. Applicants should also receive a copy of the document.
Further general advice is documented below and it is advised that you are satisfied with these items at or following to the interview/s.
You should also ensure that all sections of the SEA are duly completed and are acceptable to you.
Working in counties that have not ratified MLC
Flag States are required to carry out regular inspections.
In the event that a yacht is not required to comply with MLC or flies the flag of a country/jurisdiction which has not ratified MLC, we ask that you ensure that you are happy with the working conditions offered. Make sure to ask for the MLC described yacht Owners’ responsibilities to the seafarers. Also, you must be offered documentation which clearly described the standards of working and living conditions onboard.
Click here (MGN476) for guidance for signing on to non MLC-ratified countries ships.
Click here to see flag states who have currently ratified MLC 2006.
Adequate protection
The MLC provides adequate protection for such matters as listed below. This is however not an exhaustive list.
As far as practicable, DMB Yachting Group will ensure that the Client has the financial ability to uphold his obligations to you. You personally must also try to determine that you are similarly satisfied.
You are to determine that the client provides you with adequate personal insurance cover during the period of your employment.
DMB Yachting Group will not subject you to exploitation, and neither should the Client.
Therefore, DMB Yachting Group will not charge you or any other applicant any direct or ‘hidden’ costs whether prior to, during or following the process of registration through to placement.
It is unlawful to employ a person younger than 16 years of age on a yacht (or younger than 18 years as a Chef). DMB Yachting Group will therefore not introduce such individuals to our Clients. By completing our registration process, you agree you meet these requirements set by the MLC.
DMB Yachting Group will provide assistance to next of kin or concerned family members with any guidance and advice that it can, at no cost. We will however first attempt to confirm the credibility of their relationship. we do this by advising the Applicant of the concerns of such family members and by sharing the contact details of the family member to the concerned Applicant, rather than vice versa. To help us carry out this all-important function, we ask that applicants maintain current records of their own personal contact details, for use by DMB Yachting Group.
Complaints/grievances
If you have any complaint or grievance during your period of employment on a yacht following placement by DMB Yachting Group, or if you are required to reply to any alleged complaint brought against you which you have chosen to contest, you are guided to follow the complaints procedure outlined onboard.
If you have any complaint or grievance as per the conduct of DMB Yachting Group during the process of your employment, you must bring this to our attention in writing as quickly as possible. We will document this and will deploy all possible effort to remedy the issue/s. should the issue be unresolvable, we will bring it to the attention of the appropriate representative of the ‘flag state’. DMB Yachting Group bears no liability for any damages that may result from the actions taken by us, or by a competent authority, to remedy the complaint.
Should you feel after DmB Yachting Group’s response that the complaint is still unresolved you are entitled to take this further and contact the MCA directly using the details provided:
Website: www.mcga.gov.uk Email: mlc@mcga.gov.uk or infoline@mcga.gov.uk
Telephone (main switchboard) +44 203 817 2000
In writing to:
Maritime Coast Guard Agency
Spring Place,
105 Commercial Road,
Southampton, SO15 1EG
United Kingdom
Emergency contact details
DMB Yachting Group makes available our emergency telephone details, including the mobile numbers of our directors, managers and consultants, on the ‘Contact Us’ page of our website.