GENERAL CONDITIONS
I. Charter price
The charter price includes use of the yacht (plus accessories) by the Charteree, natural wear
and tear e.g. damage due to material fatigue), support and duties, fees and taxes at the
permanent mooring (exception: transit log, permit) and liability insurance and hull insurance for
the yacht.
II. Charterer's duties
The Charterer undertakes towards the Charteree
1: that it shall furnish the chartered yacht on the agreed date following full payment of the
charter price in a seaworthy and adequate condition of the technics and maintenance (note:
maintenance data, in particular, the inflatable life raft, emergency signals)
2. that it shall furnish the onboard documentation (important: updated sea charts) that detail the
ocean territory and sailing times permitted and covered by the insurance policies.
3. that it shall reimburse down time if the Charteree is no longer able to use the yacht due to a
defect (in whole or in part). There shall be no reimbursement if the Charteree is himself
responsible for the down time (e.g. due to damage caused by himself.
4. that it shall be available for the Charteree during the charter period by telephone or radio at
least during the usual office time.
The manual for the charter-yacht has to be on board in English or in the language of the
charteree.
III. Sailing licenses, certificates of qualification
The Charteree warrants that he has the official
recreational vessel license or that he will be accompanied by a crew member as skipper who
has the relevant certificate of qualification, and, moreover, that he or his skipper has all
necessary navigational and nautical knowledge and experience in order to safely skipper the
chartered yacht for the planned journey (route) in open waters under sail and /or motor taking
responsibility for the crew and materials into account. Moreover, the Charteree agrees to treat
the chartered yacht as his own property in accordance with the rules of good seamanship and
to use it in compliance with the relevant statutory provisions and regulations of the regions in
which the yacht is used.
Prior to handover of the chartered yacht, the Charterer may verify the ability of the responsible
skipper to skipper the boat. To this end, it may already demand proof of previous sailing
experience prior to conclusion of the Agreement and request that it be presented with the
sailing licenses or certificates of qualification necessary for skippering the yacht in the agreed
boat class and sailing area. In the event of patent doubts concerning the qualification for safe
skippering of the chartered yacht and crew, the Charterer may appoint or arrange for a skipper
for the Charteree at the Charteree's expense. Should this be impossible or should the
Charteree not agree thereto, the Charterer may refuse to hand over the yacht; in this event, the
charter price paid shall be reimbursed at the originally agreed charter price only in the event of
a successful alternative charter. If an alternative charter is only possible at a lower price, the
Charterer shall be entitled to the relevant difference.
Important: The Charteree / skipper shall bear full responsibility therefor as well as for the
crew, ship, equipment and inventory as against the Charterer and insurer.
IV. Performance disruptions (Charter Agreement)
1) Charteree's rights.
a) Should the Charterer fail to furnish the chartered yacht no later than 4 hours following the
contractually agreed time, the Charteree may reduce the charter price on a pro rata basis for
the down time per day commenced. The same shall also apply for necessary repairs,
irrespective of the Charterer's fault. The Charteree may also, at his choice, rescind the
Agreement against full reimbursement of payments made if more than 24 hours have elapsed
since the agreed handover time; in the event of a charter period of at least 10 days, this
deadline shall extend to 48 hours. The Charterer may provide a reasonable substitute yacht that
is objectively of the same level and that also meets the Charteree's needs. Should it already be
clear before commencement of the charter that the boat will not be available or may not be
handed over at the time agreed, the Charteree may rescind the Agreement even prior to
commencement of the charter.
b) Should the chartered yacht, its equipment or accessories deviate in a negative manner from
the contractually agreed condition (defects), the Charteree may always demand an adequate
reduction of the charter price, but may rescind the Agreement only if, regarded objectively, the
chartered yacht's seaworthiness is impaired or correct navigation using common navigation
methods is made significantly more difficult and the risks to the safety of the boat and crew
increase significantly as a result.
c) Should the Charterer not be responsible for the performance disruption, there shall be no
further claims against the Charterer with regard to indemnification of the Charteree for
consequential damage (e.g. travel / accommodation costs), however, the Charterer hereby
assigns to the Charteree any compensatory damages claims against third parties. The
Charterer shall without undue delay notify the Charteree of any such events and possible
consequences in detail and in an appropriate manner. The Charteree shall assert price
reductions or rescind the Agreement by way of unilateral declaration to the Charterer and
provide relevant grounds therefor.
2) Cancellation, Should the Charteree rescind the charter agreement the agreed cancellation
costs shall be incurred. Should the Charteree be unable to set out on the turn, he shall notify
the Charterer thereof in a binding manner without undue delay in writing or by fax in which
respect the time of receipt of the notice by the Charterer shall govern. Should there be an
alternative charter at the same conditions the Charteree shall be reimbursed his payments
made to such time less a processing fee of EUR 150. The Charteree may provide a suitable
substitute charteree who assumes the Agreement only with the agreement or written consent of
the Charterer. In the event of an alternative charter at a reduced price or for a shorter period,
the relevant difference plus the processing fee shall be due and payable. Should different
handover and return ports or foreign ports be contractually agreed, the compensation shall be
increased by 20% in a given case. The Charterer may rescind the Agreement in the event of
late settlement of the costs incurred and expressly reserves the right to assert additional
compensatory damages claims for non-performance of the Agreement. In all other cases the
Charterer shall be entitled to the contractually agreed charter price. Taking out of charter
cancellation insurance is therefore expressly recommended.
3) Charterer's Rights: Should the boat not be returned no later than 2 hours after the time
contractually agreed therefor the Charterer may demand from the Charteree pro rata ongoing
payment of the charter price for each day begun. The Charteree shall warrant for punctual
return. In this respect, he shall from the outset take into account local wind and weather
conditions, include weather-related problems in his plans and keep the yacht in sufficient
proximity to the place of return. In the event of fault or unilateral actions the Charterer may
demand compensatory damages. This shall not apply if timely return is not possible due to
dangerous weather / sea conditions (sudden deterioration) within the meaning of a risk
limitation. Should the Charteree leave the chartered yacht at a location other than the agreed
place of return, he shall bear the costs of return to water or land if he is at fault. The Charterer
shall be notified without undue delay in all cases. In all cases the Charteree may prove that no
or lesser damage occurred.
V. Cancellation
Should the Charteree rescind the Charter Agreement the cancellation costs shall be incurred
based on the charter price due to the reservation details. For efforts which are inapplicable
because of the omission of the charter, no cancelation fee will charged as for example for:
cleaning, deposit fee, bed-linen, special equipment etc.
Taking out of a travel / charter cancellation cost insurance policy is already expressly
recommended at the time of execution of the Agreement.
VI. Payment method
Should the agreed payments not be made in good time, the Charterer may, following a fruitless
warning, rescind the Charter Agreement and charter the yacht otherwise. The Charteree shall
provide compensation for any economic loss.
VII. Crew-list
By no later than 4 weeks prior to commencement of the charter the Charteree shall notify the
Charterer of all travelling persons (crew) based on the foregoing list.
VIII. Assumption of the chartered yacht
The Charteree shall assume the yacht at his own responsibility. The Charterer or its appointed
representative shall furnish the Charteree the chartered yacht ready for sailing and in an
otherwise perfect condition, cleaned internally and externally with attached gas canister (and
reserve canister) with a full tank of fuel with a full replacement fuel canister. The boat's
condition, all technical functions (in particular, sails, lights and motor) and the completeness of
accessory and inventory shall be thoroughly inspected using an equipment list and a checklist
by both Contracting Parties during the familiarisation procedure. The Charterer warrants that
the yacht and its equipment meet the requirements of the relevant statutes and regulations in
the agreed charter shipping route.
The seaworthiness of the chartered yacht and the equipment shall then be confirmed by the
parties in a binding manner prior to handover by way of signature. After such time, no
objections may successfully be made. This shall not apply if and to the extent that there were
latent defects upon handover, even if the Charterer is not at fault in this respect. The Charteree
may refuse to take possession of the yacht only if seaworthiness has been reduced to a
significant degree and not in the event of immaterial deviations or defects.
The charter company has to provide proof with the ship's papers that the yacht is covered
by liability insurance and the premium has been paid.
IX. Charteree's duties
The Charteree shall have the following obligations towards the Charterer:
1. all crew members must be designated by no later than 4 weeks prior to commencement of
the charter (preparation of a crew list).
2. the boat must already be made available at the agreed place of return 1-2 hours before
expiry of the Agreement for check out.
3. the agreed charter term shall not be unilaterally extended without consultation with the
Charterer.
4. the yacht shall be kept in sufficient proximity to the return port in the last 24 hours prior to
conclusion of the charter in order to ensure timely arrival in the event of adverse conditions
(poor weather, strong winds etc.). Storms shall not affect the duty to return the boat punctually,
except in the case of force majeure. The Charterer must be informed without undue
delay in the event of foreseeable late return.
5. The Charterer must be notified without undue delay if the turn must be ended at a location
other than the return port. In this event, the Charteree shall be responsible for caring for the
boat or having it cared for by sufficiently qualified persons until the Charterer is able to take
possession of the boat. The charter shall end only upon taking of possession, and the
Charteree shall bear any resultant costs.
6. the chartered yacht and equipment shall be treated with care and in accordance with the
rules of due and proper seamanship.
7. the Charteree shall familiarise himself prior to commencement of the turn with the technical
and all other systems of the yacht, comply with the instructions located on board and inform
himself on the particularities of the shipping route (currents, changed water levels in the event
of strong winds, down winds, wind tunnel effects etc).
8. perform rotational control and maintenance measures, particularly verifying the oil level and
coolant level of the motor on a daily basis, check bilge on a daily basis and where applicable
perform maintenance.
9. keep a log book in which the records on weather reports, all damage discovered on the yacht
and equipment, groundings and other special events (ropes in the propeller etc.) must be
entered
10. if and to the extent present, conscientiously keep a radio book and where applicable a
customs and an inventory, departure and arrivals log.
11. report any grounding immediately and, in the event of suspected damage to the chartered
yacht, immediately head towards the next port and arrange for an examination by a diver and
following consultation with the Charterer and at its instruction, arrange for craning or dry-dock.
12. pay attention to special wind and weather conditions and to take particular care during night travel.
13. only to enter and leave port under motor, but to travel under motor only if and as long as
necessary (and in no event under sail commencing with 10 degrees heeling!).
14. to come aboard the yacht only with appropriate, clean boating shoes whose colour does not
rub off.
15. to give towing assistance only in an emergency, to have the chartered yacht towed only in
an emergency and to use own ropes / lines, to attach lines only to clamps, winches or the foot
of the mast and not to make any agreements concerning towing and recovery costs, unless the
assisting party otherwise refuses its aid.
16. to comply with the statutory provisions of countries in which the Charteree stays, passes
through or is a guest and to enquire in advance concerning any necessary licenses or travel
permits.
17. always to duly and properly pass the boat through port and customs authorities and duly
pay any port charges incurred.
18. to notify the nearest police station without undue delay of any theft of the yacht or its
accessories
19. not to furnish or sub-lease the chartered yacht to third parties.
20. not to allow on board more persons than permitted or agreed (crew) or any animals
21. not to make any modifications to the boat and equipment.
22. It is not allowed without written consent by the charterer:
- to bring along any undeclared goods subject to custom duties or dangerous goods or
substances.
- to participate in regattas
- to exit from protected ports in the event of wind forces to constantly 7 Bft and higher.
- to use the yacht for training purposes, transport for a fee, etc.
23. The Charterer may restrict the shipping route in the event of unsafe / uncertain navigation
conditions or prohibits night travel. The routes specified in the Agreement may be left only with
the Charterer's express consent. The Charteree and the skipper and crew shall be responsible
for sailing the yacht and shall be liable to the Charterer or insurer for any damage resulting
from abuse of the required rules of conduct.
In the context of this Agreement, the crew members shall be deemed vicarious agents
of the Charteree / skipper.
X. Repossession of the chartered yacht
The Charteree shall hand over the chartered yacht to the Charterer or its appointed
representatives ready for sailing in a stowed condition according to the checklist, cleaned
internally and externally, with attached gas canister !plus reserve canister] and with
a full tank of petrol !plus replacement fuel canister).
The Charterer may replace material that has been
consumed and not replenished !e.g. fuel] at the Charteree's expense and set a flat fee for the
costs, and may arrange for cleaning at the Charteree's expense, if agreed. Cleaning may be
contractually agreed against a surcharge. The Charteree shall bring the chartered yacht to the
mooring in a timely manner no less than 1-2 hours prior to the handover time] such that detailed checkout
and cleaning is possible. Both parties shall jointly inspect the boat's condition and the completeness of the equipment.
The Charteree shall notify the Charterer even in the event of suspicion of damage to the yacht
and shall immediately report any lost, damaged or no longer functional equipment upon return.
The Charteree and Charterer shall prepare a list of defects and losses and shall then use this
and the checklist to prepare a protocol, which shall be
binding upon execution by both parties. Should the Charterer refuse to prepare an acceptance
protocol, the yacht shall be deemed returned free and clear of defects. After this time,
objections may no longer be successfully made; this shall not apply if and to the extent that
there were latent defects upon repossession, for which the Charteree is responsible as a result
of willful or grossly negligent conduct. In particular, the Charterer may not retain the bond for
damage subsequently discovered. The type, scope and level of damage that may and shall be
rectified only at a later stage and, where applicable, following further use of the chartered yacht,
shall be documented in detail and shall be binding to both parties.
XI. Damage (to the chartered yacht)
The Charteree shall notify the Charterer without undue delay of any consequential damage,
conduct obligations, liability damage, collisions, accidents, disabling, operating break-downs,
seizure of the yacht or other events. The Charteree and the Charterer must always be available
for instructions and questions. Damage based on normal wear and tear or material fatigue may
be rectified by the Charteree up to an amount of EUR 150 without consultation and the relevant expenses shall be
reimbursed by the Charterer upon presentation of receipts. The Charteree shall inform the Charterer
of expenses that exceed this amount (except in emergencies or in cases of impending danger),
shall document and monitor such expenses and, if necessary, shall make the initial financial outlay.
Exchanged parts shall be kept. The Charteree shall undertake any and all actions
that reduce the damage and its consequences (e.g. breakdown).
Should damage be unable to be rectified onsite, the Charteree may be obliged - following
demand by the Charterer - to return early (possibly 24 hours prior to transfer of possession) if
this is justifiable and reasonable under the circumstances. Should the Charterer be responsible
for the damage the charter price shall be reimbursed on a pro rata basis for each day
commenced. Should the Charterer not be responsible for the breakdown, any additional
compensatory damages claims on the part of the Charteree shall be excluded.
The Charteree / Skipper / Crew shall bear up to an amount equivalent to his bond the costs for
rectification of defects or repair of material damage on the chartered yacht or equipment.
Damage exceeding this amount shall be covered by the hull underwriter, unless the skipper and
/ or crew act wilfully or in gross negligence or breach the provisions of the Charter Agreement,
and these have a causal connection with the damage event that occurred. This shall not apply
to damage resulting from wear and tear (e.g. opening of seams on sails) or damage for which
the skipper and his crew were not at fault.
XII. Other liability of the Charteree
The Charteree shall be liable for any and all damage culpably caused by him or his crew to third
parties or the chartered yacht, its equipment or accessories, in particular, for damage
attributable to incorrect use or defective maintenance (if and to the extent this is a duty of the
Charteree of the generators on board. In the event of willful or grossly negligent conduct the
Charteree shall also be liable for claims asserted by the hull underwriter (recourse). If and to the extent that he is at fault,
the Charteree shall also be liable for any and all consequential and
economic loss (e.g. in the event of seizure) according to the legal regulations of the country
concerned. Should the Charterer provide a professional skipper, he shall be responsible for
sailing the yacht and shall be liable for damage caused by him, but not for damage (jointly)
caused by the guests. In the event of willful or grossly negligent conduct on the part of the
Charteree or his crew for which the Charterer is made liable by a third party without being
(jointly) at fault in any manner, the Charteree shall indemnify the Charterer against any and all
consequences under private and criminal law, any and all costs and any legal prosecution,
domestically and abroad. Where there is more than one Charteree, these shall be jointly and
severally liable. The Charteree shall be fully liable for damage that has a causal connection with
misrepresentations concerning his ability to sail the boat.
XIII. Charterer's liability
The Charterer shall itself be liable under the Charter Agreement for loss or damage to the
property of the Charteree or the crew or for accidents only if it has acted wilfully or negligently,
but not for sovereign decrees, force majeure etc. The Charterer shall be liable for damage
caused by imprecision, changes or errors in the nautical materials provided such as sea charts,
handbooks, compass, radio direction finders etc, only if it has not expressly notified the
Charteree or responsible skipper upon transfer of possession of the yacht of this possibility and
of his joint duty to inspect same. However, compensatory damage claims based on liability for
damage based upon injury to life, limb or health due to a willful or negligent breach of duty and
for other damage based on a willful or grossly negligent breach of duty by the Charterer shall
remain unaffected by any and all agreements.
XIV. Insurance (chartered yacht)
Hull insurance is in place for the chartered yacht for property damage to the boat and
equipment and flat liability insurance without any excess for personal injury and property
damage. The amount covered of the liability is minimum one million Euro. Personal injury as a
result of accidents on board, damage to items brought onto the boat by the skipper and crew
and damage caused by willful or grossly negligent conduct shall not be covered by such
insurance, meaning that, generally speaking, the Charteree rather than the Charterer shall be
liable therefor in the event of fault. Taking out of hull insurance shall not result in any liability
indemnity of the Charteree by the Charterer for damage that the insurer does not assume due
to willful conduct, gross negligence or abuse of the provisions of the Charter Agreement (e.g.
deviating from the agreed shipping route) or with respect to which the hull underwriter may itself claim damages.
The chartering shall take place according to the legal provisions in place in the charter shipping route.
XV. Bond (provisions, particularities)
Unless agreed otherwise, the Charteree shall deposit upon transfer of possession onsite a bond
pursuant to the charter contract. The bond shall be deposited in cash or by credit card. He shall
be liable for damages per charter cruise up to a maximum equivalent to this amount exclusively
for property damage to the chartered yacht and its accessories, lost equipment and theft for
which he or his crew have been found to be at fault; this shall not apply to any decrease in
value as a result of normal wear and tear. In the event of force majeure and theft, this shall
apply only if and to the extent that the risk has been culpably increased (e.g. going out during a
storm warning). The bond shall be payable in cash or by credit card upon transfer of possession
of the yacht or in advance by electronic transfer and shall be due for immediate reimbursement
upon repossession of the yacht if the charter has taken place without any damage. If repairs
may or should be performed only at a later time and if it is foreseeable based on the
assessment of the level of the damage that the expense will be less than half of the amount
deposited, then at least half shall be immediately due for reimbursement.
XVI. Other agreements, miscellaneous, notices
1)Price list, deviations, modifications in the event of doubt or uncertainties, the prices pursuant
to the respective applicable price list of the Charterer shall apply. In the event that taxes, fees or duties
included in the charter price are increased or reduced by operation of law without the
parties having any influence thereon, the Charterer and the Charteree hereby declare that they
agree to a corresponding adjustment of the agreement.
2) Differing charter agreements / second agreements to be executed onsite Due to the
provisions applicable in the Charterer's country, it may be that the Charteree must have a
charter agreement on board drafted in the language of the guest country.
3) Legal categorisation / liability of the parties (agent/Charterer/organizer), Should the Charter
Agreement be concluded via a charter agency, such charter agency shall act as agent between
the Charteree and Charterer. The brokering agency shall be liable only in the context of the
duties and responsibility of an agent under the contractual relationship in place with the
Charteree. In this Agreement and in any future contractual modifications and unilateral
declarations by the Charteree to the Charterer, the agent shall act as authorised representative
in the name and for the account of the respective Charterer and shall be authorised to collect
receivables.
XVII. Final provisions (applicable law, severability etc).
The Charteree and Charterer declare in agreement with the agent that any further agreement
executed onsite between the Charterer and Charteree shall have no effect for or against the
agent as far as its responsibility in relation to specific use of the chartered yacht is concerned.
Oral commitments or ancillary agreements shall be applicable for both parties only following
written confirmation.
Should individual provisions of this Agreement be void, invalid or of no legal effect, the validity
of the remainder of the Agreement shall remain unaffected thereby.
