Terms of Service|
The charter price includes:
a) Use of the yacht, inclusive of it’s accessories/ equipment, by the charterer and crew.
b) Natural wear and tear of the yacht,
c) Insurance premiums as stated under paragraph 6,
d) Support at the permanent mooring base of the yacht.
e) Duties, fees and taxes that are incurred at the permanent mooring base of the yacht (transitlog excluded)
1. Security deposit
The security deposit charge, is payable upon delivery of the yacht, in cash or by credit-card. Refundable upon surrender of the yacht, without damage, at the base.
A deposit fee of € 2.500 applies for all boats up to 50ft. A deposit compensation fee of € 200 per week reduces the deposit fee to € 500.
A deposit fee of € 3.500 applies for all boats up to 57ft and catamaran. A deposit compensation fee of € 350 per week reduces the deposit fee to € 1.000.
For Jeanneau 64 the deposit fee is € 6.500. A deposit compensation fee of € 500 per week reduces the deposit fee to € 2.500.
If the yacht participates in a ralley or regatta the deposit fee rises from € 2.500 up to € 4.000 and from € 3.500 up to 5.000. A deposit compensation can not be appointed. With the Jeanneau 64 it is not allowed to paticipate in ralleys or regattas.
A deposit fee of € 500 applies for all gennaker or spinnaker. A deposit compensation can not be appointed.
Accepted credit cards: Eurocard/Mastercard, VISA
The charterer, or the captain appointed by the charterer, namely assures the chartering party, that he/she has sufficient naval knowledge and experience to master the yacht in open waters, and he/she further assures the chartering party he/she holds all valid sailing licence needed to legally helm the chartered vessel.
In case of damage, the above statements will be verified by the insurance company if required. Any Captain/ Skipper appointed shall join this contractual agreement by signing upon delivery of the yacht.
Comprehensive insurance cover is provided for the ship on the grounds of an own-risk contribution equal to the deposit per each damage, and a third party liability insurance for personal injury and property damage is provided up to the amount of € 5.000.000. The own-risk contribution shall be borne by the charterer in the event of damage.
No insurance cover is provided for personal injury caused by an accident on board, damage to any property brought on board, or any damage or loss induced wilfully or by gross negligence.
4. Specific obligations of Charterer
The charterer shall provide the names of all persons participating in a tour (crew) no later than 4 weeks before the beginning of the charter. All crew members will be considered as vicarious agents.
The charterer shall handle the yacht and equipment responsibly, in compliance with the rules of proper seamanship; in particular the charterer shall:
- observe the legal provisions of any country where the ship will stay or pass through (see port handbook), and clear in and out in accordance with the relevant regulations.
- keep the logbook properly and leave it on board.
- complete inspections and maintenance necessary, rotationally.
- sail during the night with particularly attention to safety and night sailing regulations.
It is prohibited:
- to transport any persons or goods for personal financial gain.
- to leave the yacht to any third party.
- to have any undeclared dutiable articles or dangerous goods on board.
- to take more persons on board than admissible.
- to participate in any competition or regatta without previously informing the chartering party.
- to tow any other vessel, unless there is a case of distress or in the case of no other salvage facilities being available.
In the case of any damage occurring during the charter period, the charterer shall arrange for such damage to be remedied promptly and properly up to an amount of € 200. Any parts replaced shall be kept. In case of any major damage, average, possible delay, loss, lack of manoeuvrability, seizure or obstruction of the ship, the chartering party shall promptly be informed by telephone or telegraphic message. The charterer is responsible for taking any necessary, expedient action to lower the level of damage and any consequential damages (e.g. deficiencies), and if applicable, the charterer shall commission, record, supervise and make an advance payment for repair after consultation with the chartering party.
In case of damage to the yacht or any personal injury, the charterer shall execute a record and obtain supporting confirmation (by a port captain, medical doctor, average commissioner, etc.). If the damage cannot be repaired under way and a return is justifiable according to the circumstances given, the charterer is obligated to return prematurely after consultation with the chartering party, to allow for the repair to be accomplished at the base before the subsequent charter begins. In instances that the charterer is not liable himself/herself for damages incurred, any expenditure made will be reimbursed by the chartering party, providing submission of a valid receipt, and any period of deficiency during which the yacht cannot be used any more (not even in part) by the charterer will be compensated for.
5. Impairment of Performance
If the CHARTERER should be unable to start the charter, he/she shall promptly inform the chartering party. The cancellation fees are as follows:
- From signing the charter agreement until 8 weeks before the beginning of the charter period – 40%
- less than 8 weeks before the beginning of the charter period – 60 %
- less than 6 weeks before the beginning of the charter period – 80 %
- less than 4 weeks before the beginning of the charter period – 100 %
If the chartering party is unable to have the yacht, or a substitute yacht of equal quality, available in due time or at all, the CHARTERER shall be free to claim a reduction of the charter fees for that period of deficiency, or to completely withdraw from the contract.
In the case of damage or loss to any parts of the equipment, incurred during the previous charter, and the replacement of these parts could not be obtained in due time, the charterer is not permitted to withdraw from the contract. Only if the seaworthiness of the ship is impaired, thereby making it hazardous to deliver it to the following charterer.
All and any further claim for damages the chartering party is not liable for shall be excluded with respect to the indemnification of the charterer for consequential damages pursuant to paragraph 12 hereof.
6. Delivery of the yacht
Boarding time is 6 p.m. latest on the agreed startdate of the charter.
The yacht will be surrendered filled up with fuel to the charterer. The condition of the yacht, the completeness of equipment and the inventory will have been checked carefully by the charterer upon takeover, in accordance with an equipment schedule and confirmed by the signature of the charterer’s.
7. Return of the yacht
At the end of the charter, the charterer shall return the yacht the day before he is supposed to return the boat at 4.p.m to checkout and technical controls to the base the day before the enddate of the charter, usually Friday, refuelled and in a reasonably clean condition (inside and outside) to the chartering party, permitting them to check the yacht’s condition and the completeness of equipment. Any equipment items lost, damaged or not functioning should be reported immediately upon return, by the charterer.
If the ship has not been refuelled (water, Diesel etc.) upon return, the charterer shall reimburse the chartering party for the expenditure incurred in order to complete these services. These costs will be payable in total in resort.
Any concealed damage shall be compensated for by the charterer even after repayment of the security deposit.
Security deposits paid will be reimbursed without deduction, if no damage has been incurred. In the case of loss or damage, the security deposit will be retained, in total or in part, as required by the extent of such loss or damage, until the final accounting of the costs incurred has been determined, unless immediate accounting is possible.
8. Extension, Delay and Return
Checkout of the yacht must be completed at the port of return, at the scheduled time. The charter period cannot be extended without the consent of the chartering party. Difficulties due to weather conditions will not affect the obligation to return the yacht punctually. Therefore the charterer is obliged to keep the yacht at a sufficiently close distance from the port of return during the last 24 hours prior to expiry of the contract.
In the case of any delay, the charter fee for such an overrun of time will be doubled, as a contractual penalty breach.
In case the tour has to be ended at a different location from the stipulated port, the chartering party shall promptly be notified. The charterer undertakes to leave an adequately qualified crew
with the yacht for surveillance thereof, until the chartering party is able to retake possession of the yacht. The contractual obligations of the charter will not end before such takeover.
9. Liability of Charterer and Chartering Party
Both parties entering a charter contract shall be liable for their own faults. Further, the charterer shall only be liable for the retention of the insurance cover amount as covered in paragraph 6, thus not for consequential damages or the like, unless he/she has acted wilfully or with gross negligence, or the insurer refuses to provide coverage for any reason the charterer is liable for.
10. Jurisdiction – Miscellaneous
All charter contracts shall be governed by the law of the Republic of Turkey. The place of jurisdiction shall be Marmaris, as far as legally permissible.
In case of any provision hereof being void or ineffective, the validity of the remaining parts hereof will not be affected.