General Charter Terms <>
1. Pecumedia GmbH, Abt. Yachtagency P.O.Box 401 444, D-80714 Munich (Germany), of which named as Charterpartner.com, is an agent of the self-same charter company.
2. All contracts and invoices are in the name of the aforenamed charter-company. All contracts between charter customers and the charter company must be cleared by both contract partners.
3. Only written and signed agreements are valid. All verbal agreements must be written and signed in order to become valid.
Should some clauses in this contract be invalidated by judicial or legislative measures, the invalid clause will be rectified so as to fulfill the original economic meaning and intent in valid terms. The contract itself will in no way be altered by such rectification.
Important note:
By legal reasons the chartercompany will ask you to sign an "original" contract at boarding. This contract contains the identical terms.
The procedure by email and fax is to your convenience and legally valid until this contract is replaced by the "original" one.
Boat |
Charter-company |
Port of departure |
Port of destination |
<> |
<> |
<> / <> |
<> |
imbarcation |
arrival at destination-port |
<> about 6.p.m. (or earlier,if possible) |
<> about 5 p.m. + 1 night on board till 8 a.m. |
Chartercompany VIVA Charter PASEO MARITIMO 19 07014 PALMA DE MALLORCA SPAIN NIF B 57083701 WWW.VIVACHARTER.COM
VIVA Yacht Charter Broker rents hereby to <> <> <> <> <> as a bareboat charter,sailing boat as described above for the period starting <> and ending <> + overnight. . Said vessel will be delivered by VIVA CHARTER clean and with full gas, diesel oil and water tanks and ready to sail in all respects, no later than 18,00 hours OR BEFORE IF THE BOAT IS READY in our base located in: Palma de Mallorca The charterer will return to same port, no later than 17,00 hours on Friday and will leave the vessel no later than 08.30 hours on Saturday in reasonable clean and orderly conditions and with diesel oil tanks full. Navigation zone: Balearic Islands All mooring fees water and electricity at our base, dinghy with outboard engine, autopilot, GPS, electronics, bimini top, etc, are included. Other extras to be charged and paid in cash locally by chartered if required. End cleaning to be paid cash on embarkation.
The client certified that he has this sailing license: , enough for this model of boat. At the moment of embarkation, the charterer will receive, verify and sign in agreement, a standard inventory form regarding above mentioned vessel. Same inventory to be verified once the boat is back in port. >At the same time, the charterer will deposit the sum of 2400 Euro, as a guarantee on items on board and return of the boat on date and conditions agreed (payable in cash or by VISA/MASTER - EUROCARD) or will contract on spot the Yacht Damage Waiver (and the deposit will be reduced until 300 €)
Once boat and inventory is checked upon arrival of the vessel, VIVA CHARTER will return said deposit less charges eventually made for losses of material, breakdowns, diesel oil tanks not refilled etc. and this happening on thelast day of the charter, after the check-out..
Vessel, skipper and crew are fully insured according to Spanish Law (including civil liability) with franchise.
Dinghy, outboard engine, upholsteries and linen and, in general, any removable parts of the vessel are not covered by insurance and any loss or breakdown will be deductible from the deposit.
Validity : This contract will only be valid and effective if all payments related to the charter have been effected according to the terms and conditions stipulated. Client must deliver proof of experience and official sailing license sufficient for the boat reserved. If the company VIVA CHARTER considers that the client can not skipper the boat or the submitted licence is not sufficient or valid, VIVA reserves its right to cancel the charter without any obligation thereafter. As an alternative, the company will offer a professional skipper, the cost of which shall be borne by the client.´ Obligations of the owner : The boat shall be ready for boarding before 18,00 hours on the first day of the charter, clean, revised and with full inventory and in good sailing conditions. If by any unforeseen circumstances, the boat intended for the client would not be ready or available, VIVA will deliver a similar or superior boat at the same agreed price. If only an inferior boat is available, the company will offer it to the client at an inferior price and the Client has the right to accept or refuse it. In case of refusal, VIVA CHARTER will offer accommodation for the crew while the original boat is repaired and this for a maximum period of 48 hours. Past this period the client has the right to cancel the contract recovering the amounts paid for the charter till that moment.
The boat is fully insured with a liability 2400 Euros. Skipper and crew are also insured . Civil responsibility and third party is also fully covered. A copy of the insurance is included in the Boat papers.
Obligations of the client : It is the client obligation to submit a copy of a valid and true sailing licence and also be true about his real sailing experience. Crew members will never be superior to the established maximum for each type of boat. The boat shall only be used for pleasure navigation and under no circumstances for commercial purposes, or any kind of illegal traffic. Regattas can only be held with the written permition of VIVA CHARTER and with a special insurance to be issued prior to the regatta and paid by the client as an extra. Upon embarkation, the client will receive a full standard inventory, checking this list against the items in the boat. A deposit will be requested in that moment to cover eventual losses, breakdowns etc. This deposit will be reimbursed upon returning to Port if no losses, breakdowns etc. are found. In this moment it shall considered the boat as delivered and the client has 2 hours to announce any discrepancies to VIVA CHARTER. Past this period, the boat shall be considered as fully delivered and accepted in all its terms and the responsibility passed over to the skipper and its crew. The skipper shall prepare its itinerary according to the authorized sailing area and weather forecast always within and with maximum sailing distance to the coastline 25 nautical miles. The boat shall be returned to our home Port (unless otherwise agreed in writing) on the date and hour agreed in the charter contract. It is the skipper responsibility to plan his sailing trip accordingly, taking into consideration all possible circumstances in order to return to port safely on the day and hour previously agreed. Navigation at night is restricted and only acceptable in case of need, distress, changing ports or anchorage due to weather circumstances or navigation in areas in which no safe anchorage or berth is found. The client shall comply at all times and in all respects with the local and National laws with special attention to the navigation restrictions, non-anchorage areas, protected zones, fishing, anchoring etc. Extreme care is requested in order not to pollute in any aspect the sea or shores and not to destroy the sea bottom and its life. The skipper shall have boat papers and documents regarding his crew ready for inspection should it be requested by the Authorities. The national flag shall be always raised and visible. The skipper shall prevent any situation which could bring danger to its crew and boat, taking all necessary measures. In case of distress he shall phone the company and any useful authority. In case of need to be towed he shall inform VIVA CHARTER immediately and negotiate and fix a price for the towing. In any case the skipper shall not accept being towed unless as a last measure and because of imminent danger to crew and/or ship.
The skipper shall gather information permanently regarding the weather forecast in its sailing area and not to leave port or a safe anchorage or navigate if :
Wind prediction exceeds 27 knots or Force 6. In case there is a special warning or a navigation restricted/prohibited announcement. If the vessel has any kind of serious breakdown which makes navigation an hazard.. In this case the client shall advise the company of this situation and position in order to send help as soon as possible.
The client shall study carefully all information that will be supplied to him by VIVA CHARTER regarding its boat, navigation area, dangers, general navigation conditions etc. and shall use all material on board, boat equipment and boat itself with great care in order to prevent all risks and breakdowns. Special care shall be taken to prevent fire and/or explosion due to the misuse of the Propane gaz used for the kitchen and oven.
The non-fulfilment of any of above safety restrictions, will result in the cancellation of the charter agreement without any compensation to the client. The company shall retain all quantities paid, included but not limited to, the deposit.
The vessel shall return to port as agreed on the contract. In case of delay, the client shall pay VIVA CHARTER as follows:
- If delay is less than
6 hours : 1 day extra charter If delay is more than 6 but less than 24 hours : 2,5 extra charter days If delay is more than 24 but less than 48 hours : 5 extra charter days
The value of the charter day shall be found by dividing the price agreed for this contract by the charter days of same contract. In order to avoid this inconvenience and the ones which should become unavoidable with the next client, we beg you to be back in port on the agreed date/time and always on the evening before the expiry of the charter agreement. ----------------- |