Conditions de location

5.1.TERMS AND CONDITIONS 5.1.1.GENERAL: The charter company is liable to provide the charter yacht at the agreed location on the agreed date in a sail-ready condition for the charterer. If, for some unforeseen reasons, like a damage made during the previous charter, the charter company cannot provide the right vessel at the location, the company must provide the charterer with a yacht of similar length and number of berths for charter, or refund the charterfees to the charterer completely. In this case the charterer does not need to make a claim for compensation. The amount of the refund is calculated on a daily basis.´ 5.1.2.INSURANCE The charter company is liable to insure the yacht at the following rates 5.1.2.1. boat third party insurance: Eur 500.000 5.1.2.2. boat passengers accident insurance in case of death: Eur 25.000 5.1.2.3. in case of invalidity: Eur 50.000 comprehensive vessel insurance to the amount of the market value of the vessel including fittings excess for The personal belongings of the charterer and his crew are not covered by this insurance policy. We would therefore recommend to include a private personal travel insurance. 5.1.3.CHARTER ZONE: The agreed charter sailing boundaries are within the local (Bodrum and Fethiye=Turkey; Murter=Croatia) territorial waters. Sailing outside these waters requires written permission. 5.1.4.SAILING CONDITIONS: By signing the charter contract the charterer confirms that he disposes of the required knowledge of seamanship and navigation to sail a yacht on the open sea. Otherwise he must appoint a captain for the vessel, who should sign the charter contract too. By signing the contract the charterer affirms that he is in possession of a sailing certificate and has the required level of seamanship skills. The charterer will be held responsible for making any false declarations. The charterer and the vessel's captain are completely subject to the terms of this contract. 5.1.5. SPECIAL LIABILITIES OF THE CHARTERER: The charterer is liable to maintain the yacht and fittings and to abide by maritime regulations with good seamanship. The charterer must never: 5.1.5.1. run a commercial passenger transport service on the boat 5.1.5.2. participate in any competitions 5.1.5.3. hire out the yacht 5.1.5.4. tow another craft except in emergencies 5.1.5.5. sail at night except in good visibility and always under good weather conditions The charterer must: 5.1.5.6. regularly check the boat during the trip; i.e. engine, oil, etc. 5.1.5.7. not keep domestic animals on board The charterer is liable to keep the ship's logbook in a simple form and register all defects, incidents and damages. After any accident he must make a precise and detailed report as proof for the harbour master, doctor or experienced authority. Moreover, the charter company should immediately be informed in detail about any incident. The same applies to manoeuvring capability, losses or seizure or obstruction by the authorities. If costs are occurred because of lack of respect for regulations, they will be borne by the charterer. The charter base must be informed in case the yacht should run aground in order to inspect a damage. In the case of damage or injury, repair costs and medical expenses will be debited from the deposit. The costs of deliberate damage to the engine and rigging, loss of equipment, etcetera, costs of late return or replacement are also debited from the deposit, however only by the amount of the excess of the comprehensive insurance. For any loss or damage for which the exact cost cannot be assessed the charter company will retain an estimate of the costs for 30 days, after which the balance will be settled. 5.1.6. HAND-OVER OF THE YACHT: The yacht is delivered to the charterer with a full tank of fuel. The condition of the vessel, equipment and full inventory are verified by the charterer from the checklist and confirmed by his signature. Subsequent complains by the charterer, concerning the yacht's condition and equipment are not possible. Should the charter company not be able to correct any defects or damage, if only in part, the charterer can revoke the contract altogether, or request a reduction of the charter price. 5.1.7. RETURNING OF THE YACHT: After termination of the charter trip the charterer must return the vessel with a full tank of fuel and with equipment in order as stated on the checklist. 5.1.8. LATE RETURN: The charterer is liable to return the yacht in time. The liability must be independently of the weather conditions. The trip timetable must be planned so that the yacht can reach the home port on time. However, if the yacht is not delivered in time, the charter company must be informed as soon as possible. Any additional costs must be borne by the charterer. For each full day overdue the charter company can claim double the price for one day. The charterer will be held responsible for late arrival. For each full hour over the charter period deadline the charterer must pay 2% of the corresponding weekly charter rate. 5.1.9. LIABILITIES OF THE CHARTERER AND THE CHARTER COMPANY: The charterer is liable to refund the charter company for any breach of contract arising from damage. As for any damage caused by the chartered vessel to third parties because of mishandling or negligence, the charter company is free from liability to the charterer. Any demands from the charterer not settled immediately after returning the vessel must be settled within 14 days after the termination of the charter period. The details of the case must be confirmed by both the charterer and the charter company. 5.1.10. METHODS OF PAYMENT: 5.1.10.1. First instalment: 50% payable when signing the contract with the charter company or the agent. 5.1.10.2. Balance: payable at least 6 weeks before the charter period starts. 5.1.10.3. A sum of 20 Eur is charged for late payments of the balance to cover expenses incurred by the charter company. (tel. fax) 5.1.11. DEPOSIT: The deposit between Eur 1.000 and Eur 2500 depending on the size of the boat is payable cash or by creditcard. The deposit due will be returned without deductions to the charterer after termination of the charter period, providing no damage to the vessel or its equipment has occurred and all items are listed on the checklist. 5.1.12. CHARTER CANCELLATION: Should the charterer wish to cancel the contract within 8 weeks of the commencement of the charter period no refund will be given unless a substitute charter can be found. In all cases the charterer must pay a fee of 20% of the total charter sum. If the contract is terminated more than 8 weeks before commencement of the charter, the same fee will be charged. All payments are to be made free of additional charges. All other liabilities to the charter company are then cancelled. 5.1.13. MISCELANEOUS: Other agreements can only be made in writing. All questions of dispute should be amicably settled.