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TERMS AND CONDITIONS
OF CHARTER CONTRACT
1. The charter company is liable to provide the charter yacht at the
agreed location on the agreed date in a sail-ready condition for the
charterer.
If, for some unforseen reasons like a damage made during the
previous charter, the charter company cannot provide the right
vessel at the location, the company must provide the charterer with
a yacht of similar length and berth size for charter, or refund fees
to the charterer completely.
In this case, the charterer doesn't need to make a claim for
compensation. The amount of the refund is calculated with interest
on a daily basis.
2. INSURANCE : The charter company is liable to insure the yacht at
the following rates :
- boat third party insurance 1.000.000 EUR
- boat passengers accident insurance
- in case of death 25.000 EUR
- in case of invalidity 50.000 EUR
Personal belongings of the charterer and his crew are not covered by
this insurance policy. We would therefore recommend to conclude a
private personal luggage insurance.
3. CHARTER ZONE : The agreed charter sailing boundaries are within
the Adriatic Sea. Sailing outside this waters requires written
permission.
4. SAILING CONDITIONS : by signing the charter contract the
charterer confirms thar he displays all the required knowledge of
seamansship and navigation to sail a yacht on the open sea.
Otherwise he must appoint a captain for the vessel, who should sign
the charter contract too.
By signing the contract the charterer affirms that he is in possess
of a sailing certificate and has the required level of seamansship
skills.
The charterer will be held responsible for making any false
declarations. The charterer and vessel captain are completely
subject to the terms of this contract.
5. SPECIFIC LIABILITIES OF THE CHARTERER :
- the charterer is liable to maintain the yacht and fittings, and to
abide by maritime regulations with good seamanship.
the charterer must never :
- run a commercial passenger transport service on the boat.
- participate in any competitions
- hire out the yacht
- tow another craft except in emergency
- sail at night except in good visibility and always under good
weather conditions.
the charterer must :
- regularly check the boat during the trip (engine, oil,...)
- keep the yacht log-book up to date
- not keep domestic animals on board
The charterer is liable to keep the log-book in a simple form and
register all defects , incidents and damages. After any accident he
must make a precise detailed report as proof for the harbour master,
doctor or experienced authority. Moreover, the charter company
should immediately be informed in detail about any inci¬dent. The
same applies to manouvering capability, losses or seizure or
obstruction by the authorities. If costs are incurred because of
lack of respect for regulations, they will be borne by the
charterer.
The charter base must be informed in case the yacht should run
aground in order to inspect a damage. In case of damage or injury,
repair costs and medical expenses will be debitet from the deposit.
The costs of deliberate damage to the engine and rigging, loss of
equipment etc.; cost of late return or replacement is also de¬ducted
from the deposit, however only by the amount of the excess of the
comprehensive insurance. For any loss damage for which the exact
cost cannot be assessed the charter company will retain an estimate
of the costs for 30 days, after which the balance will be settled.
6. HAND-OVER OF THE YACHT : the yacht is delivered to the char¬terer
with the full tank of fuel. The condition of the vessel, equipment
and full inventory are verified by the charterer from the check-list
and confirmed by his signature. Subsequent com¬plaints by the
charterer concerning the yacht's condition and equipment are not
possible.
Should the charter company not be able to correct any defect or
damage, if only in part, the charterer can revoke the contract
altogether, or request a reduction of the charter price.
7. RETURNING OF THE YACHT : after termination of the charter trip
the charterer must return the vessel with the full tank of fuel with
equipment in order as stated on the checklist.
8. LATE RETURN : The charterer is liable to return the yacht in
time. The liability must be independently of the weather
condi¬tions. The trip timetable must be planned so that the yacht
can reach the home port on time. However, if the yacht is not
deliv¬ered in time, the charter company must be informed as soon as
possible. Any additional costs must be borne by the charterer. For
each full day ovewrdue the charter company can claim double price
for one day. The charterer will be held responsible for the late
arrival. For each full hour over the charter period dead-line the
charterer must pay 2 % of the corresponding weekly charter rate.
9. LIABILITIES OF THE CHARTERER AND CHARTER COMPANY : the charterer
is liable to refund the charter company for any breach of contract
arising from damage. As for any damage caused by the charter vessel
to third parties because of mishandling or negli¬gence, the charter
company is free from liability to the charter¬er. Any demands by the
charterer not settled immediately after returning the vessel must be
settled within 14 days after the termination of the charter period.
The details of the case must be confirmed in writing by both the
charterer and charter company.
10. METHOD OF PAYMENT : first instalment : payable when making the
contract with the charter company.
Balance : payable at least 4 weeks before the charter period starts.
A sum of 30 DM is charged for late payment of the balance to cover
expenses incured by the charter company (tel. , fax,...)
11. DEPOSIT : The deposit amounts for B-50, D-50, C-51 is 1 500 EUR,
for D-45-44-32, GIB’SEA 43-37, ELAN 431-36-333, BAVARIA 44-36-34,
OCEANIS 423-311 is 1 000,00 EUR payable by credit card
(MasterCard/VISA).
The deposit due will be returned without deductions to the charterer
after termination of the charter period providing no damage to the
vessel or its equipment has occured and all items are listed on the
checklist.
12. CHARTER CANCELLATION : Should the charterer wish to cancel the
contract with 8 weeks of the commencement of the charter period no
refund will be given unless a substitue charter can be found. In all
cases the charterer must pay a fee of 20 % of the total charter
cost. If the contract is terminated more than 8 weeks before
charter, the same fee will be charged.
All payments are to be made free of additional charges. All other
liabilities to the charter company are then cancelled.
13. MISCELLANEOUS : Other agreements can only be made in writing.
All questions of dispute should be amicably settled.
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