|Allgemeine Charterbedingungen dieses Vercharterers|
1. Pecumedia GmbH, Abt. Yachtchartervermittlung Charterpartner.com
2. Es werden ausschließlich Geschäfte im fremden Namen und auf fremde Rechnung getätigt. Ansprüche aus den Verträgen sind zwischen den Vertragspartnern direkt zu regeln.
3. Es gelten nur schriftliche Vereinbarungen, mündliche Vereinbarungen bedürfen zu ihrer Gültigkeit der Schriftform. Sollte eine Bestimmung dieses Vertrages ungültig sein oder werden, so ist die ungültige Regelung durch eine solche gültige zu ersetzen, die dem gewollten Sinn und Zweck der ungültigen Bestimmung in zulässiger Weise entspricht. Der Vertrag an sich bleibt davon unberührt.
Für die Charter der genannten Yacht gelten folgende Charterbedingungen des Vercharterers:
General conditions for chartering the boat
Purchasing one of the arrangements, from Sat d.o.o. Split, is the beginning of contractual obligation. Everything that has been published in our program presents legal obligation for you and for us and is a consisting part of the contract. Only these conditions are the basis for resolving eventual disputes between us. Thus we are kindly asking you to read them carefully.
2.Reservation and payment
Reservation of the vessel can be done by telephone, fax, e-mail or directly. Rented vessels with complete equipment can be used only after orderly-regulated payment (50% upon reservation and rest latest 4 weeks prior to the beginning of the lease). Leaseholder is also obliged to submit the list of names and addresses of the crewmembers to the lessor.
Rent includes port charges and vessel usage plus usage of the bedding. Rent does not include fuel expenses. Vessel is handed to the leaseholder with the full tank of water and fuel, fully operational and clean, and needs to be returned in the same condition.
4.Cancelling the lease
If the leaseholder for any reason cannot start with the lease of the vessel he/she is free to find a person to take over the rights and obligations with the acceptance of the lessor. If the leaseholder does not find the replacement the lessor keeps:
a) 30% of the rent if cancelling 2 months before the beginning of the lease
b) 50% of the rent for cancelling three weeks before the beginning of the lease
c) 100% of the rent for cancelling two weeks before the beginning of the lease
Upon the handing of the vessel the deposit is settled (amount determined in the price list, cash or credit card). Deposit is returned upon the return of the undamaged and clean vessel in the determined deadline.
Vessel is insured the hull, insurance covering any kind of accident with the participation of the leaseholder up to the amount of damage from the deposit, and it is insured through obligatory personal and property insurance. Insurance does not include injures caused on the boat, damaged things or items brought on the boat, damage caused by rough negligence nor loss of one or more parts of the boat equipment.
7.Take over of the vessel
Handing the vessel SATURDAY from 17.00hrs
Return of the vessel SATURDAY before 9.00hrs
Only completely equipped vessels will be handed, filled with fuel and in impeccable condition, the return of the vessel in the same condition is obligatory. Hidden defects of the vessel or its equipment, which could not have been known to the lessor when handing the vessel as well as defect which could eventually be caused after the take over of the vessel do not give the right to the leaseholder to decrease the price of the rent.
If for any reason further driving is not possible or if it is impossible to respect the determined deadline, the person in charge of the boat has to be contacted for further instructions. In the case of delay due to the bad weather conditions the leaseholder pays all expenses which could result from it for the lessor. That is why planning of the route is advised. Leaseholder is obliged to return the vessel to determined place and time. If the leaseholder is late with returning the vessel or returns it to the wrong place, leaseholder guarantees for each delay of three hours to pay the amount of a daily lease, and for each delay over three hours to pay three times daily rent plus rest of expenses which are caused to the lessor due to the late return of the vessel. Delay can be justified only in the cases of force majeur on which the leaseholder has to inform the lessor. If the leaseholder returns dirty vessel lessor keeps 100 DEM from the deposit for cleaning bills.
Lessor is obliged to hand the vessel in the place, time and operational condition as determined in the contract.
In the case the lessor is not able to give the reserved vessel at the disposal he/she is allowed to prepare another one (at least the same or better vessel). If that is not possible the leaseholder can be offered the following:
a) expenses for days of waiting are settled by the lessor
b) the lessor will offer suitable accommodation for the time of waiting
c) after the unsuccessful expiration of the deadline of 24 hours leaseholder can cancel the agreement and usage of the vessel and has the right on refund of the paid amount from the contract.
Any other right for compensation is excluded. Lessor keeps the right to cancel the arrangement latest 15 days before the beginning of the lease in the case of extraordinary circumstances the lessor could not have predicted. Lessor is obliged in that case to return the paid amount to the leaseholder under the contract.
9.Obligations and responsibilities of the leaseholder
Leaseholders are reminded to handle the vessel with care and to follow all regulations. Leaseholder has to possess the licence for managing the vessel (regulated in that region). If lessor or person in charge of the vessel conclude that the manager of the vessel does not possess adequate knowledge and skill he/she will have the possibility with help of Skipper to obtain the needed knowledge or the person in charge of the vessel will allocate the Skipper with compensation. If the leaseholder does not want to be in charge of the vessel he/she will appoint the person before the beginning of the lease. This person then shares the responsibility towards the lessor. For all consequences in regards to giving managing of the vessel to unauthorised person the leaseholder is responsible. The leaseholder is obliged not to sublease the vessel, or to land it to another person, or use it for commercial purposes, to drive during the night only in safe weather conditions and to respect custom and other regulations. Leaseholder is obliged to correctly keep a log-book and carefully handle the vessel, inventory and equipment and leaseholder is obliged to check the engine oil on daily basis. Damages caused by the lack of oil in the engine are not insured and leaseholder is settling them on his own expense. Damage to the underwater part of the vessel requires the assessment at the leaseholder expense. If during the lease period the damage happens, the leaseholder can make the repairs but has to inform the lessor or person in charge of the vessel about it. In majority of damages, as well as if other ships are involved, the case has to be reported to the authorised Harbour-master's office and the protocol is to be made for the insurance company. The lessor has to be informed. If the leaseholder does not comply with these obligations can fully be charged for the caused damage.
The lessor is only taking into consideration complaints which are submitted in written form upon the return of the vessel and signed by the leaseholder and lessor personally.
In the case of the dispute or lawsuit the peaceful resolution will be the first option. If that fails the court depending on the residence of the lesser is authorised.