The charter contract is concluded between the charter company (charter company) and the charterer through the agency.
Payment, withdrawal, failure of the charterer
- The specified amount of the charter price is due upon conclusion of the contract, the rest – unless otherwise stated in the contract – six weeks before the start of the voyage. The receipt of payment must be made by the specified date.
- Not applicable
- If the charterer cannot commence the charter, he shall notify this immediately. If a replacement charter succeeds, the charterer receives his payments back minus a compensation of at least 20% of the charter price, whereby the charterer is free to provide evidence that no or less damage has actually occurred. Otherwise the charter company is entitled to the entire charter fee. It is strongly recommended that the charterer take out travel cancellation insurance. The agency will be happy to send you an offer for the relevant insurance.
- If the charterer does not pay within the specified dates, the charter company can withdraw from the contract.
Obligations of the charter company
- The booked yacht will be handed over to the charterer clean, ready to sail, seaworthy and with a full tank.
- If the booked yacht cannot be handed over on the date agreed in the charter contract (e.g. due to average, unseaworthiness due to an accident during the pre-charter, etc.), the charter company can provide an equivalent replacement yacht. Any warranty claims remain unaffected insofar as the changed services are defective.
The charterer assures and undertakes as follows:
- to adhere to the principles of good seamanship.
- to master the seamanship and to have sufficient experience in the management of a yacht or to provide a responsible skipper with these characteristics. If the charterer or his skipper is not in possession of the required driver’s license or certificate of proficiency for driving the yacht in the agreed boat class, the charter company reserves the right to refuse to hand over the yacht while retaining the charter price or to arrange a skipper at the charterer’s expense.
- to observe the legal regulations of a host country and to register and de-register with the harbor master.
- not to use the yacht for commercial purposes, not to take unfamiliar passengers with them, not to let or rent the yacht to third parties without the written consent of the charter company and not to transport any dangerous goods or substances
- to leave the respective sea area of the charter company only with the prior written consent of the charter company.
- not to make any changes to the ship or the equipment.
- To treat the yacht and equipment with care, to only enter the yacht with boat shoes, to keep the log book in a simple form, to obtain detailed information about the conditions of the sailing area before the start of the trip, such as B. about currents and changed water levels in strong winds.
- with popular wind strengths from 7 Bft. not to leave the protective harbor.
- to return the yacht in a perfect, tidy, enlightened and fully fueled condition, otherwise the refueling and clearing will be charged and deducted from the deposit.
- to notify the charter company immediately (by telephone or telegraph) in the event of damage, collisions, average accidents or other extraordinary occurrences. In the event of damage to the ship or to people, to make a record and to ensure a counter-confirmation from the harbor master, doctor, etc.
- In the event of an average or similar cases, to always have the yacht towed on its own line and not to make any agreements on towing or rescue costs.
- To check the condition of the ship and the completeness of equipment and inventory upon handover and return (checklist) and to confirm this with his signature.
- Report complaints about the yacht immediately to the yacht base and note them in the handover or return protocol. Complaints displayed later are excluded.
- to sign legally required charter contracts of the charter company. This applies to charter in Greece, where the charterer has to sign the Greek charter contracts issued by the ministry. These will be sent to you together with a German translation before your charter.
Repairs and engine and bilge monitoring
- Repairs generally require the approval of the charter company. Replaced parts must be kept in any case. Expenses for repairs which became necessary due to material wear and tear will be reimbursed by the charter company upon presentation of the receipted invoice.
- The oil level, the cooling water and the bilges must be checked daily by the charterer. Damage caused by the engine running dry are not insured under any circumstances and are at the expense of the charterer. Likewise, the engine cannot be used in an inclined position under sails over 10 degrees, as the engine then does not receive any water or oil
Resignation of 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 made available by the charter company on time by the date agreed in the charter contract, the charterer can withdraw from this contract at the earliest 48 hours afterwards with full reimbursement of all payments made. With a charter duration of two or more weeks, the period increases to 72 hours.
- Further claims for compensation, except for intent and gross negligence, are excluded. If the charterer does not withdraw from the contract, he retains the right to reimbursement of the pro rata charter fee for the time by which the ship later became operational.
- Damages to the yacht and equipment that do not affect the seaworthiness of the yacht and which enable the yacht to continue to be used do not entitle you to a reduction in price or a return trip
Liability of the charter company
- The charter company is only liable to the charterer for damage which he incurs as a result of willful intent and gross negligence on the part of the charter company. Physical injuries are excluded from the disclaimer.
- The charter company is not liable for damage resulting from inaccuracies, changes and errors in the nautical auxiliary material made available, such as B. nautical charts, manuals, compass, radio direction finder, etc.
- The yacht has liability and fully comprehensive insurance. The excess insurance in the event of damage corresponds to the amount of the deposit to be deposited (except for gross negligence). The deposit must also be paid if a professional skipper is organized by the charter company, who is responsible for operating the yacht and for damage caused by him, but not for damage caused by the guests. li>
Liability of the agency
As an intermediary, the agency is only liable for grossly negligent or willful breaches of duty in the intermediary service.
Liability of the charterer
- For acts and omissions of the charterer, for which the charterer is held liable by third parties, the charterer holds the charter company free from all consequences under private and criminal law, including all costs and legal prosecutions at home and abroad. The charterer takes over the yacht at his own risk. Except in the case of willful misconduct or gross negligence, the charter company is not liable for him or for any other person on board.
- If the charterer leaves the yacht at a different location than the one agreed, for whatever reason, the charterer bears all costs for the return of the yacht to water or land. If the repatriation of the yacht exceeds the charter period, the yacht is only considered to be returned by the customer when it arrives at the agreed return port.
- Delayed ship return leads to claims for compensation on the part of the charter company. The charter contract is generally considered to be extended until the yacht is returned.
- It is pointed out that the conclusion of a comprehensive insurance by the charter company does not lead to an exemption from liability of the charterer for damages that are not covered by the insurance or for which the insurance expressly reserves the right to take recourse to the charterer – has held. This applies in particular to damage caused by gross negligence, willful misconduct or failure to comply with the contractual conditions as well as any consequential damage.
- The conditions of the insurer, which will be sent on request, are part of this contract. The deductible per claim is to be borne by the charterer and can deviate from the deposit paid. If the yacht and equipment are returned free of defects, the deposit will be refunded immediately. Damage and loss will be offset against the deposit. Any costs not covered by the deposit must be reimbursed to the charter company immediately.
The charter company expressly recommends that the charterer take out an extended skipper’s liability insurance (which regulates crew liability among themselves and compensation for damage to the chartered yacht in the event of proven gross negligence) and the conclusion of consequential damage insurance. The agency will be happy to send you an offer for appropriate insurance.
Mixed / ancillary agreements / information / severability clause
- An extension of the charter time is only possible with the consent of the charter company. Delays due to repairs that occur during the charter period will not be reimbursed.
- In the event of obvious errors in the calculation of the specified usage fee and the extras, the charter company and the charterer have the right and obligation to correct the usage fee in accordance with the valid price list without affecting the legal validity of this contract.
- Verbal promises and side agreements are only permitted after written confirmation by the charter company. Information is given to the best of our knowledge, but without guarantee.
- The ineffectiveness of individual regulations does not affect the validity of the rest of the contract. The parties agree to replace the ineffective regulation with these effective regulations that come as close as possible.
Place of jurisdiction, applicable law
In the event of claims against the agency, the place of jurisdiction is the agency’s headquarters. In the event of claims against the charter company, the place of jurisdiction is the registered office of the charter company. In this case, the law at the registered office of the charter company is deemed to have been agreed.