GENERAL TERMS AND CONDITIONS FOR CHARTERERS
1. Renter is obliged:
• to handle the yacht and its equipment carefully and mindfully;
• to use the yacht exclusively in accordance with navigation regulations;
• to use the yacht solely for vocational purposes;
• Not to lend the yacht to a third party, nor use the yacht for profitable purposes. Only persons, who are stated on the crew list, may stay on the yacht.
• not to take part in regattas without a special preliminary agreement with the charter company;
• not to tow other vessels, except in case of uttermost emergency;
• To immediately notify the charter company in case of damage, and act according to their instructions. In case of damage, theft or maneuvering incapability, the charterer shall write a “Damage report” and authenticate it with the proper authorities (harbour-master, police, marina, doctor…).
2. The rental fee includes the charter of the yacht and its equipment, normal attrition, third party liability insurance and hull insurance to the amount of the deposit, as well as mooring in the home marina. The rental fee does not include fuel, mooring and taxes in other marinas, ports and anchorages, car parking fees and tourist taxes.
3. The charterer pays 50% of the rental fee upon reservation, and the remaining 50% four weeks before the charter. The booking becomes valid only on receipt of the total charter payment by the Operator.
4. The deposit is paid by the charterer in cash or credit card upon takeover of the yacht in the marina. The deposit is refunded in full if the yacht is returned undamaged and at the agreed time. The deposit must also be paid if a yacht is chartered together with a skipper. In case of lost or damaged items or parts of the equipment, the charterer is charged the actual cost of repair or replacement, including transport costs and the expenses of eventual lost charter days for the yacht. The damage compensation is calculated at the return of the yacht. If the expenses can not be estimated at once, an adequate portion of the deposit is retained and a settlement is made within 30 days. The charterer is obliged to check the engine and its cooling system daily. Damage caused by engine overheating is not covered by the insurance and is paid in full by the charterer.
The repair of any damage or breakdown that may occur while the Vessel is in the Charterer’s care, and which are not the result of normal wear and tear, shall be made by the Charterer at his/her expense, provided that he/she has previously obtained the consent of the Operator to a technical suitability of the repair to be made. In the case of repairs to damage or failure clearly resulting from normal wear and tear, the Charterer shall previously obtain the Operator’s consent with regard to the cost and technical suitability of these repairs and the Charterer shall collect the relevant receipts against which he shall be refunded by the Operator at the end of the charter period. No other compensation claims will be recognized.
5. If the charterer, for any reason, can not realize his paid charter, he can find someone else to take over his rights and responsibilities, with the consent of the charter company. If the charterer can not find a replacement, the charter company keeps: – 30% of the charter fee for cancellation more than 2 months before the charter – 50% of the charter fee for cancellation more than 1 month before the charter – 100% of the charter fee for cancellation up to 1 month before the charter. In case of cancellation because of objective reasons (death in the family, serious accidents, war and similar), the advance payment is not refunded. The charter company will arrange a suitable vessel at the next available date or next season.
6. The charterer declares that he has a valid sailing license (boat leader license and radiotelephony license), as well as adequate sailing and navigational skills. The charterer must always sail in accordance with his experience and the weather conditions. The charterer must pay regard to the weather forecast and act in accordance with it.
7. In justifiable cases, if the charterer’s sailing and navigational skills are doubtful, the charter company may test the charterer’s practical knowledge. If it is established that the charterer does not possess the required skills, a skipper is provided at additional payment. If the charterer is found incapable of handling the vessel, the charter company has the right to annul the charter contract and keep the charter fee.
8. Charterer shall not leave port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (30 knots) or if the harbor authorities have prohibited sailing or while the Vessel has unrepaired damage to any of her vital parts such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc. or if any of the above parts are not in good working condition; neither shall the Charterer leave port or anchorage without sufficient reserves of fuel or in general, when weather conditions or the state of the Vessel or her crew is doubtful.
As weather conditions dictate, the Charterer is obliged to promptly reduce canvas and not allow the Vessel to sail under an amount of canvas greater than one ensuring comfortable sailing without excessive strain or stress on rigging and sails; not to sail the Vessel in any area insufficiently covered by the charts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed material provided on board; not to sail the Vessel at night without all navigation lights functioning or without adequate watch on deck.
9. Handover: The charter company hands the yacht over to the charterer at the agreed time and place. If the yacht can not be given over in time, the charter fee is reduced proportionally for every lost day. If the charter company can not hand over the yacht after 36 hours or at a place that is less than 36 nautical miles away from the agreed harbour, the charterer has the right to withdraw from the contract. In this case, the charter fee is reimbursed, but all other compensations (travel, accommodation…) are excluded. The charterer is obliged to carefully check the state of the yacht and its equipment upon take-over. All remarks and/or deficiencies must be entered into the handover records. The charterer is obliged to return the yacht at the agreed time and place. If the charterer is up to 12 hours late, he pays an idemnitification, 2% of the weekly charter cost for every lost hour, and all the expenses that arise because of the delay. The yacht is handed over with a full fuel tank, clean, tidy, serviced and in faultless navigational condition. The charterer returns the yacht in the same condition. If the charter company suspects that the bottom of the yacht or the keel have been damaged, the yacht may be lifted from the water and inspected at the expense of the charterer.
10. No pets (dogs, cats…) are allowed on the yacht, except upon preliminary agreement.
11. Only complaints submitted in writing at the time of returning the Vessel, and signed personally by the Operator’s representative and the Charterer, shall be taken into consideration. All claims must be registered in the handover records. Any unresolved disputes are under jurisdiction of the court in the charter company’s residence.