GENERAL CHARTER TERMS AND CONDITIONS
Basic stipulations:
- Service Provider - Charter Company, 21000 Split , Croatia , incorporated as a Charter company pursuant to the REGULATIONS ON CONDITIONS REQUIRED FOR ENGAGING IN CREWED OR BAREBOAT VESSEL RENTAL ACTIVITIES AND GUEST ACCOMMODATION SERVICES ONBOARD (Official Gazette 42/17) with reference to Article 9, Paragraph 3 and Article 9a of the Maritime Code (Official Gazette 181/04, 76/07, 146/08 and 56/13) (hereinafter: Service Provider)
- Charter activity - refers to vessel rental activities or to providing accommodation on the vessel in internal waters and territorial sea of the Republic of Croatia pursuant to special legislation of services provision in nautical tourism.
- Charter (charter service) - refers to providing accommodation on the vessel in internal waters and territorial sea of the Republic of Croatia pursuant to special legislation regulating the provision of services in nautical tourism.
- The vessel - a vessel which is defined as boat or yacht pursuant to the Maritime Code and used is for charter activity.
- Charter company - refers to a natural or legal person, the owner or operator of the vessel, or a person possessing a written contract with the owner or the operator of the vessel which gives him the responsibility for the handling of the vessel and who, by assuming such responsibility, has taken over the rights and responsibilities as stipulated herein and by the applicable laws of the Republic of Croatia relating to navigation safety and protection of the sea from pollution
- The recipient of services - the end charter services user (hereinafter: Recipient)
- Mediator - An Agent acting as an intermediary between the charter company (Service Provider) and the end user (Recipient) of the charter service
I. The Service Provider's duties
1. Hand over the contracted vessel in the agreed period and following a full payment of the charter price. The vessel must be able to sail and at least in average condition for this type, seaworthy, proper, age-appropriate state and technical condition and equipped according to national Maritime regulations and Maritime Code. Special attention must be paid to the maintenance of rescue equipment and safety-related equipment such as (if available / mandatory) life raft, life jackets, emergency signals, fire extinguishers and the gas cooker system as well as the completeness and updated versions of the nautical charts and navigational instrument.
2. Deliver the vessel documentation in accordance with the Croatian regulations on performing charter services, specifying the permitted and insurance covered area of navigation and sailing date. The Service Provider must explicitly point out any peculiarities not generally known or not obvious. All documents must be in English or in the local language of the Recipient.
3. Offer compensation for possible delays should the Recipient not be able to utilize (even partially) the vessel due to detected deficiencies. Refunds shall not made if the Recipient himself is responsible for the delay (e.g. due to damage caused by himself).
4. Throughout the charter duration the Service Provider shall be available to the Recipient via phone or radio links, even if only during working hours.
II. Recipient's duties
The Recipient has the following duties towards the Service Provider:
1. Appoint all crew members at least two weeks prior to the charter commencement date compiling the Crew list according to Regulations on conditions required for engaging in crewed or bareboat vessel rental activities and guest accommodation services onboard, Official Gazette 42/17, Art.22.
2. Return the vessel to the appointed handover location at least 2 hours before the expiration of the contract in order to successfully perform the check-out procedure.
3. Not extend the contracted charter duration voluntarily without obtaining consent by the Service Provider.
4. Keep the chartered vessel at a sufficient distance from the appointed handover location within the last 24 hours prior to the termination of the charter so that, in case of unfavorable circumstances (poor weather conditions, impossibility for departure from the port or mooring due to strong winds, etc.), a timely return is guaranteed. Weather conditions do not affect the obligation of timely return of the vessel, unless in case of unpredictable force majeure. In case the delay of the timely return of the vessel is evident, the Service Provider must be immediately notified thereof.
5. Notify the Service Provider without delay should the voyage be terminated in a port different from the appointed handover port. In this case the Recipient shall be required to take care of the vessel or appoint a sufficiently qualified crew member to perform the task until the Service Provider takes over the vessel.
The Recipient must bear the additional costs incurred by the Service Provider due to any deviation from the agreed return location, unless there is a case of unforeseeable force majeure or the Service Provider himself has requested the alternative return location or the Service Provider himself has caused such circumstances by way of culpable conduct (e.g. by hidden defects of the charter yacht).
6. The chartered vessel and equipment shall be handled carefully and according to the rules and customs of good seamanship.
7. Prior to navigation the Recipient shall be acquainted with the technical and all other vessel devices, follow the instructions for use present on board and inform himself/herself extensively of the specifics of navigation area (electricity, tides, currents, variability of water level in case of strong winds, down winds, etc.).
8. Perform shift control and maintenance, especially daily oil level and engine cooling water check, daily bilge water control and, if necessary, discharge the latter. Detected defects must be remedied immediately. Without sufficient oil or cooling, the engine may only be operated in the event of imminent danger to the vessel and / or crew to avoid further damage.
Other necessary maintenance measures during the charter period must be explained by the Service Provider to the Recipient at the occasion of the handover.
9. Report any touching of the sea bottom (and other special incidents as rope ends in the yacht's propeller, etc…) to the Service Provider and, in the case of suspected damage to the vessel, immediately sail to the nearest port, order a diver inspection and, following consultations with the Service Provider and at his instruction order possible crane lifting or slipway pulling to the mainland.
10. In the event of damage, undertake damage avoidance and mitigation in accordance with good seamanship and fulfill the reporting and cooperation obligations to all participants, authorities and insurance companies. If s/he refuses to do so, the charter customer will be fully liable for the damage.
11. Pay attention to special conditions of wind and weather; proceed with caution at night sailing.
12. In case the chartered vessel is a sailboat, depart from and enter into ports only propelled by the engine and sail with the engine only if and as needed (not if the slope is 10 degrees or more).
13. Do not let the battery voltage of all on-board batteries fall below 12 volts. For this purpose, the batteries should be charged in good time via the engine, any generator or shore power connection that may be present, and if necessary, consumers should be switched off. Bulk consumers such as anchor windlass or bow thruster may only be operated if the battery voltage is supported in parallel by the engine or any existing generator. Refrigerators do not operate when batteries fall below 11,6 volts.
14. To only land in - and use - harbours or berths where safe entry and exit, mooring and lying can be ensured over the planned period.
15. Board the vessel only in suitable, clean boat shoes that do not color leak.
16. Offer tow aid to third parties only in emergency situations, tow vessels only in cases of legitimate need, use own ropes/cords, bind only to cleats, windlass or mast base, not enter into any towing and rescue agreements unless the person offering aid refuses to provide assistance.
17. Comply with the legal provisions of stay and transit countries or host countries; make prior acquirements about any required licenses or sailing permits.
18. Conduct formalities regarding entry and exit in an orderly manner and settle port taxes properly.
19. Notify the nearest Police Administration, as well as the Service Provider, of possible theft of the vessel or its equipment.
20. Not cede or sublet the chartered vessel to third parties.
21. Not board more persons than it is allowed or contracted and not board animals unless specifically agreed upon with the Service Provider.
22. To not leave the sheltered harbour or mooring if a recognized or general weather forecast for the time scheduled for the next leg announces winds of constant 7 Bft or more in the relevant sea area.
23. Not make any changes to the vessel and equipment.
24. The following is strictly prohibited unless a written consent by the Service Provider is obtained:
a) load and transport undeclared dutiable goods or hazardous substances, b) to participate in regattas, c) to use the vessel for the purpose of training, feed transportation and the like.
25. In cases of unsafe/unusual sailing conditions the Service Provider shall be entitled to restrict the navigation area or issue a ban on night navigation. The Croatian territorial waters can only be left with the express consent by the Service Provider. The Recipient or the vessel skipper and crew are responsible for the handling of the vessel to the Service Provider, i.e. the insurer and shall be held liable for damages resulting from failure to comply with the set rules of conduct. Crew members are considered assistants in the execution of the Recipient's / vessel skipper's order under this Contract.
III. Licenses for navigation, evidence of qualifications
The Recipient may either be the skipper of the chartered yacht or s/he may designate a crew member of choice to serve as skipper. The skipper has to prove to the Service Provider the possession of the driving licenses and certificates of competence necessary to guide the yacht in the entire contractually stipulated sea area. Furthermore, the Recipient must ensure that the skipper has all the necessary navigational and nautical knowledge and experience in order to safely manage the chartered yacht, as specified in point III, under sail and/or engine, taking into account the responsibility for crew and material.
The Service Provider is entitled to check the skipper's ability to navigate before handing over the charter yacht.
For this purpose, the Service Provider is entitled to require proof of previous navigation experience, presentation of license for navigation or evidence of qualifications required for operating the vessel or for navigation in the selected navigation area.
The Service Provider may refuse to hand over the vessel in following case:
- should there was no valid sailing license proof delivered by check in
- should there are obvious doubts regarding the ability of the skipper and the crew to operate the vessel safely (sailing test may be performed during the check in).
The Service Provider can mediate in hiring a skipper for the Recipient at his expense and can perform this within 24 hrs. If this is not possible, or if the Recipient does not agree with it, the Service Provider may refuse to hand over the vessel. In this case the Recipient shall be reimbursed for the paid charter price only if the vessel is successfully chartered to another Recipient for the original charter contract price. If further charter is possible only at a lower price, the Service Provider shall be entitled to a corresponding difference.
IV. Disorders in the charter contract implementation
1) The Recipient's rights
a) Should the Service Provider fail to make the vessel available no later than 6 hours following the contract stipulated time, the Recipient shall be entitled to a proportionate reduction of charter rates during the ongoing delays by commenced day. The same applies for the necessary repairs, regardless of the Service Provider's fault.
In case these were caused culpably by the Recipient himself, the Recipient has to accept a restriction of use on the yacht for of up to 4 hours without any refund for each damage event. A restriction of use exists from the time from which the Recipient is considerably restricted in the use of the yacht due to a defect and/or a repair. A reasonable change to the planned itinerary (to allow for repair) and/or repair during normal harbour dock times is not a use restriction.
The Recipient can terminate the contract with a full refund of payments if the agreed handover period exceeds 24 hours, this period being extended to 48 hours in cases of charters of at least 10 days. The Service Provider has a right to offer and make available an acceptable, objectively equally worth replacement vessel that shall meet the needs of the Recipient. If it becomes clear that the charter vessel shall not be available within the specified time and shall not be handed over, the Recipient shall be entitled to withdraw from the contract even before the commencement of the charter.
b) In case of discrepancies (defects) detected on the vessel, its equipment or inventory in comparison with the contract stipulated ones, the Recipient shall be entitled to a fair price reduction of the charter. The Recipient shall be entitled to contract termination only if the vessel's ability of navigation by application of conventional navigation methods is reduced or objectively hindered due to which there is a considerable threat to the security of the vessel and its crew.
The Recipient can only claim reduction and cancellation by a written declaration to the Service Provider. The declaration must be made immediately after the defect becomes known and additionally in the check-out report, providing appropriate justification.
c) Should the Service Provider not be responsible for the disorders in the contract implementation, the Recipient shall not be entitled to claim any refund of additional expenses, nor of consequential costs (additional travel / accommodation). Should the Service Provider realize possible rights to compensation from a third party in such cases, he hereby agrees to cede them to the Recipient. The Service Provider shall notify the Recipient of such events and possible consequences thereof in an appropriate manner and without delay.
d) Service Provider shall not be liable for any loss, damages, expenses, delay or failure in performance of service resulting from any force majeure event, including but not limited to acts of God, war or terrorist activities, civil unrest, natural or nuclear disaster, unavoidable technical problems with transport, closure of airports, unforeseen alterations to public schedules, epidemics, upraising, strikes, federal or state laws, and any other cause beyond the reasonable control of Provider.
2) Service Provider's rights
Should the chartered vessel not be returned no later than 2 hours following the contracted handover deadline, the Service Provider shall be entitled to require continuation of payment of the charter price in the proportionate share per each commenced delay day and the delay fee in the amount of EUR 150.00.
The Service Provider shall be entitled to demand compensation from the Recipient for all economic losses suffered by him (such as the costs of additional personnel to be contracted or kept on stand-by or failure or partial cancellation of subsequent charter).
The Recipient shall ensure that the vessel is returned as stipulated by the charter contract. Weather conditions do not affect the Recipient's duty to the return in accordance with the contract, unless there is a case of unpredictable force majeure.
The Recipient shall take into account all the local weather conditions and the situation regarding the wind, shall plan his navigation including weather conditioned difficulties and keep the vessel at a sufficient distance from the handover location. In case of inadequate handling or acting on his own, the Service Provider shall be entitled to claim damages. This provision shall not apply in case of poor weather and sea conditions (sudden worsening) endangering the safety of the vessel's handover.
Should the Recipient leave the chartered vessel in a location different from the contracted one, he shall bear the costs of returning the vessel to the contracted handover location should he bear the guilt for such actions. The Service Provider shall be immediately notified of such actions and the Recipient shall have the right to try to prove that no damage occurred due to his actions or that the damages are slight.
V. Cancellation terms
Should the Recipient terminate the charter contract, except for the reasons stated under Paragraphs IV 1a) and 1b), contractual cancellation costs shall occur in relation to the pure charter fee. For services, which are also omitted by the cancellation of the charter, no cancellation costs will be charged, such as e.g. for final cleaning, deposit, bed linen or special equipment.
Should the Recipient fail to implement the charter contract, he shall promptly notify the Provider thereof in writing, with the date of the Service Provider's notification receipt being taken into account. The Recipient can find a substitute Recipient to take over the charter contract only after receiving a written consent and approval of the Service Provider under the same conditions. In case of untimely costs settlement, the Service Provider is entitled to terminate the contract and retain the right to further claims to damages occurring due to failure to implement the contract. In other cases, the Service Provider shall be entitled to the contract charter price. Should the Recipient fail to find a substitute Recipient to implement the contract, i.e. utilize the contracted accommodation on board the chartered vessel; the Agent representing the Recipient shall be entitled to find another person who shall be willing to use the contracted accommodation, but only after receiving a written consent by the Service Provider.
Should the Recipient and the Agent fail to find a person willing to utilize the contracted accommodation on board the chartered vessel, the Service Provider shall be entitled to:
- 20% of the charter price for cancellation received up to 91 days prior to charter commencement date
- 50% of the charter price for cancellation received from 90 till 31 days prior to charter commencement date
- 100% of the charter price for cancellation received from 30 days to charter commencement date
Travel cancellation insurance for the Recipient is strongly advised.
a) Payment terms
The payment of the charter fee is made as agreed in the contract, that is, in partial payments or as a total payment.
If the agreed payments are not made on time, the Service Provider is entitled, after a fruitless reminder, to withdraw from the Charter contract and to charter the yacht otherwise.
In case that Recipient fails to provide full payment of the charter price in contracted time, the Service Provider reserves the right to charter the boat to a third party and to make no refund of the total amount received from the Recipient.
VI. Vessel handover
The Recipient shall take over the vessel at his own responsibility. The Service Provider or his authorized representative shall hand the chartered vessel over to the Recipient ready for departure and in good condition, cleaned inside and outside, with a connected gas bottle (+ a spare bottle) and with a full tank of fuel. The condition of the vessel, all technical functions (especially sails, lights and engine, sea maps, compass, map plotter, echo-sounder, log etc…), completeness of the equipment and inventory shall be thoroughly checked and explained with reference to the equipment list and the Check in/out list by both parties during the handover process. Particular attention shall be paid to the vessel operation and security issues.
Entire vessel's inventory present on the check-in list will be listed on the Check in/out list along with all the flaws and defects noticed at handover and signed by both parties.
The Service provider will inform the Recipient and point out to him/her, that despite careful and conscientious maintenance and control, malfunctions, inaccuracies and changes may still occur. The Service provider will also instruct the Recipient on his or her duty to regularly check navigation equipment and the nautical auxiliary material during the charter period.
The Service provider can not take responsibility for the reliability and accuracy of electronic navigation aids.
Recipient is informed that in case of damage, s/he must inform the Service provider at least 4 hours after detecting the malfunction of the vessel or its equipment (contact him on the SOS phone numbers listed on the Check-in/out list for emergency situations) and follow the instructions given by the Service provider. If s/he fails to do so, the Recipient shall have no claims against the Service provider or against the insurance company covering the yacht.
The Service Provider guarantees that the vessel and the equipment meet the requirements stipulated by laws and regulations applicable to the contracted navigation area.
The seaworthiness and correct navigation equipment shall be confirmed in the check list by both contractual parties in a binding manner by signing the Check in/out list at the handover. No complaints shall be effectively raised following that act.
This provision shall not apply if and when possible hidden defects existed prior to the check list signing, even if the Service Provider bears no fault for such defects. The Recipient shall be entitled to refuse to take over the vessel only in case the seaworthiness is significantly compromised, but not in cases of only minor discrepancies or defects. The right of the Recipient to a reduction (see paragraph IV b) remains unaffected. Pursuant to Article XI hereof the Service Provider shall be required to present the evidence of insurance against third party liability and sailing documents.
VII. Return of the vessel
The Recipient shall submit the chartered vessel to the Service Provider or to his authorized representative in the state ready for sail, in the condition determined by the check list, cleaned inside and out (swept clean and without garbage - unless otherwise agreed), with a connected gas bottle (+ spare bottle) and with a full fuel tank and emptied black water tank. Fuel canisters and outboard canisters do not need to be handed over full. The Service Provider shall be entitled to compensation for consumables (e.g. fuel) not supplemented by the Recipient at the Recipient's cost, determine lump-sum costs and have the vessel cleaned at the Recipient's expense if so agreed. Cleaning can be arranged in advance for a surcharge.
The Service provider is entitled to have the insufficient cleaning carried out at the Recipient's expense, unless it has been contractually agreed that the Service provider must carry out the cleaning.
The Recipient shall bring the vessel to the appointed mooring place in a timely manner (at least 1-2 hours prior to handover time) in order to enable a detailed check-out and cleaning. Both contracting parties shall jointly inspect the condition of the vessel and the completeness of the equipment. In the case of suspected damage to the vessel the Recipient shall be required to notify the Service Provider of the fact and report the lost, damaged or defective equipment items on return.
d) Having completed all the steps listed herein, the Recipient shall report all defects in written form, i.e. enter them into the Check in/out list and verify them with his signature.
The Recipient and the Service Provider shall compile a list of deficiencies and lost items on the Check in/out list to set up a protocol which is binding after being signed by both contracting parties. Should the Service Provider refuse to compile the handover log, the vessel shall be considered as returned without flaws. Following that moment, no additional claims shall be possible, this shall not be applicable should there be any hidden flaws present on the vessel at handover familiar to the Recipient and resulting from his voluntary or grossly negligent conduct. The Service Provider shall not be entitled to keep the safety deposit for subsequently determined damages.
This does not apply if and to the extent that there were hidden defects upon return, the existence of which the Recipient is responsible for as a result of intentional or grossly negligent acts or if the Recipient refuses to sign a correct handover log/Check list.
The type, scope and amount of damages which elimination can be done only at a later time and possibly after further use of the vessel must be accurately documented and shall be binding to both contracting parties.
In case of the Recipient's complaints regarding defects on the vessel resulting from the Service Provider's faulty behavior (malfunctioning of certain vessel parts, equipment failure, etc.), the Service Provider shall be acquainted with the allegations in detail at the handover, inspect the vessel physically and check the indicated defects, followed by his signature on the Check in/out list containing detailed information regarding the deficiencies according to the Recipient's allegations.
Should the Recipient fail to comply with the specified Check-out procedure, relating to vessel defects and malfunction, the Service Provider shall not be held liable to reimburse the Recipient in any way.
All claims must be submitted at the handover or the latest 7 days after the charter period to take them into consideration. Claims made after this period will not be considered or compensated.
In exceptional cases, the Service Provider may examine the received complaints issued by the Recipient but not after the 21 days period following the charter end date.
The Service Provider shall respond to all complaints within no more than 14 days.
VIII. Damages
The Recipient shall immediately notify the Service Provider of any possible damages, collisions, breakdowns, inability to maneuver, engine disturbances, vessel seizure or other events. The Recipient and the Service Provider shall maintain open communication channels at any time. The Recipient shall be entitled to have all damages resulting from normal wear or material fatigue removed without prior consultation with the Service Provider in case the costs do not exceed EUR 150.00 and shall be entitled to reimbursement from the Service Provider for the amount spent following the presentation of invoices for repair works or material used. In case the costs exceed this amount, the Recipient shall, except in cases of emergency or danger due to repairs delay, notify the Service Provider of the damages and agree upon the repair works, have them performed, documented and monitored, and shall, if necessary, financially settle them instead of the Service Provider. Replaced parts must be preserved.
The Recipient shall take all the necessary steps to reduce the damage costs and its consequences. If a damage cannot be removed on the spot, the Recipient may be requested by the Service Provider to navigate to another reasonably close port or berth to carry out the repair or to return the vessel to contractually agreed place of return early (no later than 24 hours prior to handover) if such action is applicable under the given circumstances.
If the Service Provider is responsible for the damages, the charter costs shall be reimbursed to the Recipient per each commenced day of not utilizing the chartered vessel in proportion to the number of days. If the Service Provider is not responsible for the defect, the Recipient shall not be entitled to any claims. The Recipient shall bear the costs of defects or damage removal and repair on the vessel or its equipment resulting from his own, skipper's or crew's negligent behavior to the sum of the deposit paid.
Damages exceeding the amount covered by the deposit shall be covered by the Service Provider and his insurance company, except when the skipper and / or the crew act intentionally or with gross negligence in violation of the stipulations of the charter contract, and which are directly related to the adverse event. This shall not apply to damages caused by wear and tear (e.g. cracked stitching on the sails) and to damages occurring without the skipper's or crew's fault.
The right of the Recipient to a reduction (see paragraph IV b) remains unaffected.
IX. Recipient's liabilities
The Recipient shall be responsible for all damages to third parties and the vessel, its equipment or devices caused by him or his crew. The Recipient shall also be responsible for the damages related to incorrect handling or faulty maintenance (if and when it is the task of the Recipient) of the equipment and the devices that are on board and in the amount of the deposit paid.
In case of force majeure, the Recipient shall only be liable if and insofar as the risk was culpably increased by the skipper and/or crew (for example, leaving the port in the event of a storm warning).
Casco insurer shall be entitled to seek reimbursement to cover the costs of incurred damages if it is possible to prove that the Recipient intentionally damaged the vessel or acted in gross negligence. If liable, the Recipient shall be held responsible for all consequential damages and damages caused by the inability to reuse the vessel due to the loss of profit, during seizure by the state for violating its laws.
In the latter two cases, the liability of the Recipient is not limited to the amount of the deposit and may even exceed the value of the charter yacht due to additional costs.
Therefore, the conclusion of a skipper liability insurance covering this risk is strongly recommended.
When the Service Provider makes a professional skipper available, the skipper shall be held liable for the handling of the vessel and shall be held liable for the damage caused by himself, but not for damages caused by the guests onboard.
From gross negligence by the Recipient or his crew, for which the Service Provider is held accountable by third parties while he himself bears no complicity, the Recipient shall free the Service Provider of all private and criminal consequences, of all costs and legal persecution at home and abroad. In cases of multiple Recipients, all the Recipients shall have joint liability.
The Recipient shall have full liability for the damage causally related to false allegations regarding sailing qualifications.
X. Service Provider's liability
The Service Provider shall be held liable for loss or damages to the Recipient's or crew's property or in accidents occurring under the Charter Contract only if he himself is charged with intent or negligence, but not in case of acts by a higher authority or force majeure. The Service Provider shall be held liable for the claims caused by inaccuracies, alterations or errors in the provided nautical material such as marine charts, maps, handbooks, compass, etc… only if the Recipient or a responsible skipper was not explicitly warned of this possibility of errors or deviations.
Nothing can rule out the claims for damages arising from liability for damages occurring to violation of life, body or health due to intent or negligence on the part of the Service Provider, as well as for other damages caused by the Service Provider's intent or gross negligence.
XI. Vessel insurance
The vessel possesses full Casco insurance for property damage to the vessel and items of equipment, liability insurance towards third parties without the franchise, for damages to persons and material damage up to the amount of collateral in accordance with the vessel insurance policy.
Damages to persons occurring due to accidents on the vessel, damage to objects taken on board by the skipper and his crew, as well as damages caused intentionally or resulting from gross negligence are not covered by this insurance and shall be covered by the Recipient himself if liable for the damages, and not the Service Provider.
The existence of the Casco vessel insurance does not exclude the responsibility of the Recipient towards the Service Provider for the damages caused. Should the Recipient cause damage intentionally or should they result from his gross negligence or his failure to comply with the provisions of the charter contract (e.g. exceeding the agreed navigation area), the insurer shall hold the right to issue reimbursement claims against him. Vessel chartering is done according to legal regulations in force for the area of charter sailing.
XII. Security deposit
The Service Provider shall determine the amount of security deposit for each individual vessel in accordance with the Service Provider's valid price list.
The Recipient shall leave the security deposit at the base at check-in in cash or by credit card unless otherwise agreed.
The adverse event the Recipient shall be held liable to the maximum amount of security deposit only for property damage to the vessel and its equipment, for lost or plundered equipment and inventory, for which he himself or his crew were responsible, exception being value reductions due to wear and tear.
The security deposit is refundable immediately on charter expiration when the vessel is handed over without damage.
This does not apply if the Recipient refuses to sign a correct acceptance report or if it has been agreed otherwise.
If any possible, repairs can be done only at a later time, and if the cost estimate for the damages indicate costs lower than the deposited amount, the undisputed portion of the deposit shall be immediately reimbursed.
The Recipient should be aware, that cancellation of credit card Security deposit can take up to 21 days, depending on the bank of the Recipient.
XIII. Remaining agreements, general provisions, remarks
1) Rates, variations, modifications
In questionable situations and in cases of ambiguity the price shall be settled pursuant to the current valid Service Provider's Price List. In the event of increase or decrease of taxes, fees or charges that are legally incorporated in the charter price, and over which the contracting parties have no influence, the Service Provider and the Recipient state to agree with the corresponding contract harmonization.
2) Charter contracts deviating / other contracts to be signed on the spot. All contracts between the Service Provider and the Recipient can be drafted in the language of the host country or in English.
3) Legal inclusion / responsibility of the involved parties (agent / provider / organizer):
If the charter contract is concluded with an Agent's mediation, the Agent shall assume the role of an intermediary between the Service Provider and the Recipient. Agent's accountability arises solely within the tasks and responsibilities of an intermediary from the contractual relationship existing with the Recipient. The intermediary in this contract, as well as in any possible future revisions hereof and in any unilateral statements issued by the Recipient towards the Service shall act as a proxy on behalf of and for the account of the respective Service Provider and is authorized to collect payables.
4) GPS tracking of the chartered yacht
The Recipient agrees that the vessel's location and the vessel data can be measured and transmitted to the base, the Service Provider by means of GPS tracking system.
Furthermore, the privacy policy of the Recipient shall apply.
5) Early check in
If an early check-in has been booked for an additional fee and confirmed by the Service provider, the Service provider will do everything to comply with the agreed check-in time.
Due to the possibility of unforeseen events (such as late return by the previous Recipient, necessary repair work to the ship), the promised check-in time can not be guaranteed. If the promised check-in time is exceeded, the additional fee paid for this will be refunded. Further claims of the Recipient and any further liability of the Service provider are expressly excluded. Damage claims due to missing or defective equipment are compensated in terms of value in percentage relation to the purchase price of the yacht with respect to the weekly fee/daily fee.
6) Use of the plotter
We point out that the use of the plotter only serves as a navigation aid. Basically, the navigation must be made using the nautical maps on board. This is also the current case law in most countries. Misconduct may have liability consequences for the responsible skipper.
7) Duties of the Recipient
From a wind speed with announced peak gusts of more than 25 knots, the instructions of the Service provider (Base manager) must be followed, whether it is allowed to leave the harbour or whether the yacht must be brought into the harbour. If the request is not complied with, then all claims for resulting damage, against the Service provider and the insurance will become null and void.
The battery should be recharged daily by shore power or by running the engine at idle (e.g. for the refrigerator). Only as many crew members may be taken along as agreed in accordance with the charter contract and/or approved for the chartered yacht.
8) Black water tanks
After the functional check of the black water tanks at check-in, no complaints for clogged black water tanks will be accepted during the charter or at check-out.
9) Loss of personal things
The Service Provider will not be liable for lost or forgotten personal items after the trip.
XIV. Final stipulations
With the intermediary's consent, the Recipient and the Service Provider hereby mutually declare that no further contracts signed by the Recipient and the Service Provider shall have any legal effect for and against the intermediary, regarding his responsibilities in relation to the specific use of the chartered vessel. Verbal promises or additional agreements shall be valid for both contracting parties only after written confirmation thereof. If any provision hereof proves to be null, void or unenforceable, it shall not affect the validity of the remainder hereof.
Rebooking
After conclusion of the contract, there is no right to changes regarding the travel date, destination, place of departure and changes to the yacht by the Recipient. If possible, rebooking requests can only be carried out after cancellation of the charter contract in accordance with paragraph V cancellation terms and confirming a new booking. In cases of rebooking by the Service provider due to damage, marina change, or delivery delay, the Service Provider will not compensate for any additional costs. In the event of a cancellation, the Recipient will be refunded only the amount the Service provider received. No additional costs will be covered.
Charter contract
General terms and conditions are part of the charter contract valid for all bookings.