| Charter terms |
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Charterterms < 1. The chartercompany and boatdata, price is mentioned above on page 1 (invoice)
2. In case the first instalment is left unpaid even after reminder,the chartering party shall have the option of chartering the yacht to a third party. Any deficiency amounts shall be compensated for the charterer. 3. The charter price includes:
4. Security The security amount of EUR 2.500,- is payable by delivery in cash or by credit-card upon surrender of the yacht at the base and will be reduced to EUR 500,-- by covering the deposit through insurance. 5. Shipmastering The charterer, or the shipmaster appointed by the charterer assures that he/she has sufficient naval knowledge and experiences to master the yacht in open waters, and he/she further assures the he/she holds sailing licences that have to be sent to the chartercompany in advance and have to be presented in original at boarding! In case of damage, the above statements will be verified by the insurance company if required. Any shipmaster appointed shall join this contractual agreement by signing. 6. Insurance Comprehensive insurance cover is provided for the ship on the grounds of an own-risk contribution of € 3.000,- per event insured, and liability insurance for personal injury and property damage is provided up to the amount of € 6.000.000,--. The own-risk constribution shall be borne by the charterer. 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.
Charter Area: Balearic Islands, (indicate utmost limitation, this area limit must not be The charterer shall provide the names of all persons participating in a turn (crew) no later than 6 weeks before the beginning of charter. All crew members will be considered a vicarious agents. The charterer shall handle the ship 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 (see port handbook), and clear in and out in accordance with the relevant regulations, keep the logbook properly and leave it on board, accomplish any inspection and maintenance activities occurring rotationally, sail night turns with particularly great circumspection only.
In case any damage should occur during the charter period, the charterer shall arrange for such damage to be remedied promptly and properly up to an amount of € 500,--. 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 shall do anything expedient to lower the damage and consequential damages (e.g. deficiencies), and , if applicable, the charterer shall commission, record, supervise and advance payment for repair in consultation with the chartering party. In case of damage to the ship or any personal injury, the charterer shall execute a record and arrange for counterconfirmation (by a port captain, medical doctor, average commissioner, etc.). If a 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 repair to be accomplished at the base before the subsequent charter begins. To the extent that the charterer is not liable himself for damages incurred, expenditures made will be reimbursed by the chartering party against submission of receipt, and any period of deficiency during which the yacht is not used any more (not even in part) by the charterer will be compensated for. 8. Impairment of Performance If the charterer should be unable to start on the charter, he/she shall promptly inform the chartering party. The cancellation fees are as follows:
If the chartering party is unable to make the ship, or a substitude ship of reasonable quality, available in due time or at all the charterer shall be free to claim a reduction of the charter fees for such period of deficiency, or to rescind from the contract. In case of damage to or loss of any parts of the equipment incurred during the prior charter, and replacement of such parts could not be obtained in due time, the charterer is not allowed to rescind from the contract for such reason, unless the seaworthiness of the ship is impaired thereby. 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. 3/2014 9. Takeover of the ship The ship will be surrendered filled up with petrol to the charterer. The condition of the ship and the completeness of equipment and inventory shall be checked carefully by the charterer upon takeover in accordance with an equipment schedule and confirmed by the charterers signature. 10. Restitution of the ship At the end of the charter, the charterer shall restitute the yacht refuelled and cleaned (outside and inside) to the chartering party for checking of its condition and completeness of equipment. Any equipment items lost, damaged or out of function shall be reported immediately upon return from charter. If the ship has not been refuelled (water, Diesel etc.) upon restitution, the charterer shall reimburse the chartering party for expenditures incurred on the grounds of such services. Such expenditures may be treated as a lumpsum. Any concealed damage shall be compensated for by the charterer even after repayment of security. Security amounts paid will be reimbursed without deduction if no damage has been incurred. In case of loss or damage, the security will be retained in total or in part, as required by the extent of such loss or damage, until final accounting of costs, unless immediate accounting is possible. 11. Extension, Delay and Repatriation Checkout of the ship has to be accomplished at the port of resitution at the scheduled time. The charter period cannot be extended without the consent of the chartering party. Difficulties due to weather conditions shall not affect the obligation to restitute the ship punctually. Thus the charterer has to keep the yacht at such distance from the port of restitution as being sufficiently close to the port during the last 24 hours before expiry of contract. In case of any delay, the charter fee for such outrun time will be doubled as a contractual penalty. In case the turn has to be ended at a location different from the stipulated port, the chartering party shall promptly be notified. The charterer undertakes to leave adequately qualified crew members with the ship for surveillance thereof, until the chartering party is able to take the ship over. The charter will not end before such takeover. 12. Liability of Charterer and Chartering Party Either party to this contract shall merely be liable for it´s own fault. Further, the charterer shall merely be liable for the retention amount of the insurance under paragraph 6, thus not for consequential damages or the like, unless he/she has acted wilfully or by gross negligence, or the insurer refuses to provide coverage for any reason the charterer is liable for. 13. Jurisdiction - Miscellaneous This agreement shall be governed by the law of the Federal Republic of Germany. The place of jurisdiction shall be Munich, inasmuch as legally permissible. In case of any provision hereof being void or ineffective, the validity of the remaining parts hereof will not be affected. |