Terms and Conditions
Charter conditions for our sailing yachts:
The charter contract will be completed between the Owner and the Charterer or if necessary through an intermediary agency.
Payment, withdrawal, non-arrival of the Charterer
- Unless otherwise stated in the contract, a deposit of 20% is due within 5 days from the completion of the contract, and the balance 6 weeks before the start of the charter. The payment must be made within the specified deadlines. If this is not the case, the charter company or the agency are entitled to cancel the charter and make it available to third parties. The deposit will be forfeited and in addition a cancellation fee in the amount of 2% of the charter price, at least however 50 EUR ,becomes due.
- In unforeseen situations ,the Owner can cancel the contract within 14 days from the completion of the contract. In this case, the Owner undertakes to repay any amounts paid immediately (if necessary via the agency) to the Charterer.
- It is strongly recommended to the Charterer to take out a cancellation insurance. For this purpose, the Owner or the agency will gladly supply information about appropriate insurance.
For the bareboat charter (without crew)
- The booked yacht will be handed over to the Charterer clean, seaworthy and fully fuelled.
- If the booked yacht can not be handed over for the period stipulated in the charter contract (for example due to accident, unseaworthiness due to accident during pre-charter, etc.), the Owner may place an equivalent replacement yacht. The same terms and conditions shall apply to any replacement yacht as if it was the original vessel.
The Charterer assures and agrees as follows:
- To adhere to the principles of good seamanship.
- To undertake control and to have sufficient experience in the management of a yacht or to provide a responsible skipper with this ability. If the Charterer or his skipper is not in possession of the necessary qualification, or proof of competence for the yacht in the agreed boat class, the Owner reserves the right to refuse to hand over the yacht. In this instance the charter monies will be retained by the Owner.
- To observe the legal regulations of the host country and to comply with the arrival and departure paperwork as required by any Harbor Master
- Not to use the yacht for commercial purposes, not to carry foreign passengers, not to handover the yacht to third parties without the written permission of the Owner and not to transport dangerous goods or materials.
- Not to leave the respective sea area of the Owner without the prior written consent of the Owner.
- Not to make changes to the yacht or equipment.
- To treat the yacht and equipment with care, to enter the yacht only with boat shoes, to keep the logbook in a simple form, to inform oneself before the start of the trip about the conditions of the sailing area in detail, such as: over currents and changed water levels in strong winds, etc ..
- In strong winds starting at 7 Bft. not to leave the protective harbor.
- To return the yacht in perfect, tidy, and fully fuelled condition – otherwise the re-fuelling and cleaning will be charged and deducted from the deposit.
- That in the event of damage, collisions and accidents or other unusual occurrences, to notify the Owner immediately (by telephone or by email). In case of damage to the yacht or to persons to make a written report and to provide a counter signed document by the harbor master, doctor, etc.
- That in the event of an accident or similar, to always tow the yacht with your own ropes and to make no agreement for towing or recovery costs.
- To check the yacht condition and inventory at handover and return and confirm with signature.
- To report complaints immediately at the yacht base and to make a note in the handover or return paperwork. Subsequent complaints are excluded.
- To if necessary, sign statutory charter contracts or contract forms of the Owner before hand over the yacht.
Repairs and engine and bilge monitoring
- Repairs costing more than 100 € require the permission of the Owner. Any replaced parts must be kept . Expenses for repairs that have become necessary as a result of material wear will be refunded by the Owner upon presentation of the receipted invoice.
- The oil level, the coolant level and the bilges are to be checked daily The outlet of the cooling water should be continuously checked by the Charterer. Damage caused by dry running of the engine is under no circumstances insured and will be borne by the Charterer. Likewise, the engine can not be used in an inclined position under sails of more than 10 degrees, as the engine will be starved of water and oil.
Cancellation by the Charterer or reduction of the charter price in case of late handover or defects
- If the yacht or at least an equivalent replacement yacht is not provided by the Owner in time for the date agreed in the charter contract, the Charterer can withdraw from this Contract and a full refund will be made immediately.
- In case of cancellation by the Charterer the terms and conditions of the Owner apply. The agency (if applicable) additionally charges a cancellation fee of 2% of the charter price, but at least 50 EUR.
Liability of the Owner
- The Owner is not liable for such damages resulting from inaccuracies, changes and errors of the provided nautical auxiliary material such as nautical charts, manuals, compass, radio bearings, etc.
- Claims of the Charterer as a result of non-usability of the yacht due to damage or total loss caused by the Charterer or a third party during the charter period are excluded.
Liability of the Charterer
- For acts and omissions of the Charterer, for which the Owner is held liable by a third party, the Charterer keeps the Owner free of all private and criminal charges, including all costs of legal action at home and abroad. The Charterer takes over the yacht at his own risk.
- If the Charterer leaves the yacht at a place other than the agreed place, for whatever reason, the Charterer will bear all costs for the return of the yacht to its intended location. Should the repatriation of the yacht exceed the charter period, the yacht will only be considered as returned by the Charterer upon arrival at the agreed return port.
- Delayed return of the yacht and non-usability of the yacht caused by the Charterer will lead to claims for damages by the Owner.
- It should be noted that the Owners comprehensive Insurance policy does not indemnify the Charterer for those damages outside certain conditions. This applies in particular to damage resulting from gross negligence, intent or non-compliance with the terms of the contract and any consequential damage.
- The conditions of the Insurer, which are gladly sent on request, are part of this contract. The Excess per claim is borne by the Charterer and may be deducted from the deposit paid. In case of defect-free return of the yacht and equipment, the deposit will be refunded immediately. Damages and losses will be deducted from the deposit. Any damage not covered by the deposit or Insurance must be immediately reimbursed to the Owner.
- The completion of an extended skipper liability insurance (which regulates crew liability and compensation for damage to the chartered yacht in case of proven gross negligence) and consequential damage insurance is strongly recommended. The Owner / agency can supply all necessary documents.
- An extension of the charter time is only possible with the consent of the Owner. In the case of obvious errors in the calculation of the stated charter price and the extras, the Owner and the Charterer have the right and the obligation to correct the charter price according to the valid price list, without affecting the legal validity of this contract.
- The invalidity of individual regulations does not affect the validity of the contract otherwise. The parties agree to replace ineffective regulations by those as close as possible to effective regulations.
Jurisdiction, applicable law
For all claims in the relationship Owner and agency the law is applicable at the seat of the agency and jurisdiction at the seat of the agency. For all claims in the relationship between Charterer and Owner, the law is applicable at the domicile of the Owner and jurisdiction is at the seat of the Owner.