Statement from broker
For our client, after accepting an offer from Golden Compass Yachts for a Beneteau Oceanis 37 named Pearl from Corfu to Lefkas, we requested on option and the option was confirmed. When we wished to proceed from option to a booking on our client’s behalf, we were informed by Golden Compass Yachts that they were now offering us a Cyclades 39.3 named Coral instead. When I asked why they had changed the boat we had believed them to be holding for us under option, they did not provide an answer, only telling us that Coral was the only boat available.
I explained the situation to our client who was not very happy about the change but grudgingly accepted because this was the only boat offered from Corfu to Lefkas for a one way trip. He preferred an Oceanis instead of a Cyclades because he was familiar with the model and had heard that Cyclades yachts were not so reliable. He agreed only because Golden Compass Yachts assured us that the yacht was in excellent condition and fully equipped with the same equipment.
However, when the client arrived in Corfu to take over the yacht, he found that the boat they offered was another one called Opal, not Coral, even though it was the same model. The base manager responsible for the check in did not seem to know much about the boat, appeared to have been living on it, and even told the client that it was the same boat, only the name had changed, something which was not true.
The client describes in detail his opinion of the boat he was offered below, and the reasons why he rejected the yacht and refused to sign the official take over form, as required according to the charter contract, rendering the contract null and void.
The client was able to secure another far more suitable boat for himself and his family on the spot in Corfu, although this meant he had to pay for another full two charter weeks in full, and return to Corfu, which had not been their plan. As broker, and even though under no obligation to do so, I agreed to cover half the payment, and said I would help him to request a full refund from Golden Compass Yachts for the boat he had booked (but had not received).
Unfortunately Golden Compass Yachts refused to return any of the payment leaving both myself and the client out of pocket to the amount of €1,200.00 each. Not only had they failed to provide the yacht promised to our client, the yacht they provided was not in a suitable condition for charter and the client considered it unseaworthy. The client is well within his legal rights to request a full refund.

Statement from client:
Attached are a couple of photos that show that the boat was Opal and not Coral as contracted. Also in an image showing the battery is low after being connected to the shore power for a couple of days.
When we arrived the first thing we noticed was that the boat name was not correct. The operator we meet (I do not recall his name) told us that Opal was the same boat as Coral, but the boat was renamed. This did not seem like a honest response and failed to build trust with the operator or Golden Compass Yachts. When we got on the boat he asked us to sign the port authority documents very quickly so that he could go to the port to get them certified. I considered this pushy and rushed. We had not inspected the boat yet.
When we started to look at the boat, the operator started checking off items very quickly without my ability to verify them myself. He asked me to sign the form, but I waited to look over the boat in more detail. I asked him if the anchor light was working and he told me ‘no.’ There was no way to verify because it was daylight. I asked him to have this fixed and he told me he was afraid to go up the mast and that it could not be fixed and that I should just not worry about it and just stay in the harbor. We were chartering the boat for two weeks and it is simply not reasonable to ask to stay in the harbor every night for two weeks. We prefer to be at peace on anchor.
I also noted that the VHF radio did not work. He showed me that the VHF was on a separate fuse, but when he switched it on a low battery alarm came on. I include a picture of the low battery of the VHF. There was obviously a problem with the battery or charging system because the boat had been on shore battery for two days (according to the operator). The only way to get the alarm to stop would be to run the engine, which is not reasonable because the radio is safety equipment and cannot depend the operation of the engine. If the engine is off then there is a loud alarm making it impossible to use the radio in the cabin. I asked for him to fix the VHF and he told me he was afraid of dealing with electricity.
I told him that an anchor light and VHF are both safety equipment and that we do not feel safe to depart until these are fixed. He told me that they do not have any other staff to go up the mast or repair the radio. He tried to contract with another company to fix the mast, but they were unavailable. The operator called his base manager ( I think his name was John), but he was largely unavailable because he was at a wedding and couldn’t be bothered to deal with this issue on short notice. We considered this to be unprofessional not to have any higher level staff available to help deal with the issues we had.
There were additional minor issues with the boat. First, the operator had been living on the boat and it looked as such. The boat was untidy, it smelled like smoke (the operator was continuously smoking during our interaction with him), the galley area was unclean, and the head holding tanks were partially full. In addition, the screens for the ports were ripped and did not function properly. We were generally unsatisfied with the condition of the boat. The operator was also dismissive and rude. When I told him that I was not comfortable taking out my family with children (8 and 12 years old), he told me that “I have been sailing in Greece for 25 years. everything will be fine.” I am a licensed skipper and have been sailing all kinds of boats including racing boats and charters for 35 years. I consider an anchor light and VHF radio to be a critical safety equipment for a boat that will be out on the sea for 14 days. I don’t think the operator’s experience level is relevant and I don’t know a skilled skipper who would be willing to take out his family for two weeks on a boat without an operational VHF and anchor light.
I refused to sign the check out form and asked for a refund. I found a different boat for charter at the last minute. While being checked out the other charter boat, the operator for Golden Compass stood around my family making us uncomfortable. He was asking for my paperwork back and was staring us down. I asked him to leave us alone and he failed to do so. I finally told him, and my charter contact, that if he did not leave us along that I would call the police.
J Posner, USA.