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.
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.
|Port of departure|
|Port of destination|
|<> / <>|
|arrival at destination-port|
6.p.m. (or earlier,if possible)
5 p.m. + 1 night on board till 8 a.m.
VIVA Charter PASEO
MARITIMO 19 07014
PALMA DE MALLORCA SPAIN
VIVA Yacht Charter Broker rents hereby to
a bareboat charter,sailing
boat as described above for
the period starting <> and ending <> + overnight.
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
our base located in: Palma de Mallorca
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.
zone: Balearic Islands
mooring fees water and electricity at our base, dinghy with outboard engine,
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
The client certified
that he has this sailing license: ,
enough for this model of boat.
the moment of embarkation, the charterer will receive, verify and sign
in agreement, a standard
inventory form regarding above mentioned
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
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..
skipper and crew are fully insured according to Spanish Law
(including civil liability) with franchise.
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.
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.´
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.
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.
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.
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
non-fulfilment of any of above safety restrictions, will result in the cancellation
charter agreement without any compensation to the client. The company
shall retain all quantities paid, included but not limited to, the
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
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.