CHARGE AND PAYMENTS – The charge includes: the charge for the use of the yacht indicated in the agreement at the time, place and for the period specified. The charge does not include fuel charges, tourist tax and port charges for parking the yacht beyond the home port. The yacht handed over to the Client should be clean, operational, ready to sail and equipped with full water reservoirs and fuel tanks – and it should be returned the same. The yacht shall be handed over to the Client solely after paying the full charter charge within periods stipulated in the agreement. In case of a VAT change, the customer is obliged to pay the resulting difference.
DEPOSIT – The yacht deposit should be paid by the Client upon taking over the yacht. The deposit shall be returned in full if no damages or other losses are found in the returned yacht. In case of a damage or loss to the equipment, any part of the yacht or the yacht itself, the repair/purchase costs of a given part shall be taken from the paid deposit. If the fault causes the yacht is no longer operational, the amount equal to the Ship Owner's losses resulting from the loss of profit from subsequent charters that cannot be performed fully or partially shall also be taken from the deposit.
SHIP OWNER'S OBLIGATIONS – The Ship Owner shall be obliged to provide the Client with a fully equipped, clean and operational yacht with full water reservoirs and fuel tanks at the specified time and place. If, for any reason, the Ship Owner does not meet the above-mentioned requirement, the Client shall be entitled to seek full reimbursement for the period when the yacht is not in the use thereof. In case the Ship Owner is not able to hand over the yacht at the specified time and place within 24 hours from the deadline stipulated in the agreement, and he/she is not able to propose a similar or better yacht, the Client shall be entitled to cancel the agreement and to seek full reimbursement for the charter. The Client shall be entitled to seek reimbursement solely to the amount of the charter charge, without any additional refund for any tangible or intangible damages whatsoever. In case of yacht damages caused by natural yacht wear, the Customer shall inform the Ship Owner of such damages, and the Ship Owner shall be obliged to remove the damage within 24 hours from being notified thereof. If such a damage is repaired within 24 hours, the Client shall not be entitled to seek any compensation for this period.
YACHT HANDOVER – The yacht shall be handed over to the Client at the time and place stipulated in the agreement. During the handover, the Client shall be obliged to inspect the equipment and the yacht itself according to the equipment part list presented. Any objections, deficiencies should be reported before signing the yacht equipment part list. Possible damages hidden in the yacht or the equipment, that the Ship Owner cannot know of, and are not reported upon the yacht handover, as well as any damages that arise after the yacht handover, shall not constitute any claims for the charter charge reduction. The Ship Owner reserves the right not to hand over the yacht to a Client who is incompetent in terms of steering a yacht or has no competent person onboard, and shall be entitled to leave a skipper on the yacht, charging for the additional service. In case the Client does not take over the yacht within 48 hours from the specified term, the Ship Owner shall be entitled to cancel the contract without reimbursement. The condition of the yacht and its equipment will be re-inspected after the return according to the equipment part list signed by both parties. The Client shall be obliged to return the yacht at the specified time and place so as to include the yacht check-out within the period which should take approx. 1 hour. It is therefore recommended that the yacht should return to the port on the day preceding the yacht check-out date. In case the Client fails to return the yacht on time, he/she will be charged as follows:
- for a delay up to 3 hours – a 1-day charter charge
- for a delay more than 3 hours – for each following day of delay – triple charge for 1 yacht charter day + all costs of the Ship Owner resulting from this delay
CLIENT'S OBLIGATIONS – After taking over the yacht, the Client shall be fully obliged for the yacht and should bear all costs related to its use, such as parking in ports, fuel, oil, water, cleaning and other charges; he/she shall also be liable for any damages and losses to the yacht during the charter period not being a consequence of the natural wear of the yacht. The Client shall be obliged to sail solely in territorial waters in the country where the yacht was handed over by the Ship Owner, unless otherwise decided with the consent of the Ship Owner. The Client shall observe any sailing regulations and general legal provisions, take care of the yacht and its equipment, sail carefully and in compliance with good marine practice as well as in good weather ad visibility conditions. The Client, or his/her skipper, declare that they have all necessary permissions to steer the yacht in open marine waters and that they have all radio operator permissions (these documents shall be presented to the Ship Owner upon embarkation). The Client shall be obliged not to sublet the yacht to third parties, not to take part in races as well as not to use the yacht for commercial purposes, and also should not sail at night and in adverse weather conditions, nor outside the area where the yacht has been approved The Client cannot sign on more persons than specified in the agreement. The Client shall be liable for not observing the rules stipulated in this section. In case of an accident or a damage to the yacht or to its equipment, the Client shall be obliged to inform the Ship Owner thereof immediately. The Client should inform the Ship Owner and local authorities of a stealth of a part of the yacht or the yacht itself if further sail is impossible or was prohibited.
Animals (dogs, cats, etc.), heavy diving or sport equipment are not allowed, unless upon a prior written consent of the Ship Owner. The Client shall be obliged to keep a yacht logbook, inspect the engine oil level every day and take care of the sails.
CLIENT'S LIABILITY – The Client shall be liable for any and all actions resulting from activities thereof in favour of third parties as well as for any and all consequences of the said actions, which the Ship Owner is encumbered with as the yacht administrator. The Client shall be fully liable for damages arising from a yacht seizure as a result of an improper or illegal actions during the charter period. The Client shall be obliged to pay for the said damages and losses for himself/herself – the financial responsibility and legal liability shall be applied. In case of an accident or a serious damage to the yacht the Client shall be obliged to draw up an accident report and confirm it at relevant local authorities (port police, port authorities, doctors) a well as at the Ship Owner, also in case the yacht disappears, is not operational as well as the yacht seizure or a sailing prohibition.
YACHT INSURANCE – The yacht insurance and its general conditions are imposed by an insurance company. The yacht has a third-party damage liability insurance. Any damages covered by the insurance shall be reported to the Ship Owner or the insurance company immediately, otherwise the Client shall be encumbered with them. The yacht is insured to the amount of its value with a franchise to the amount of the deposit for damages caused naturally and not deliberately. The Client shall be fully liable for deliberately caused damages. Damages to the sails or the engine as a result of the lack of oil shall not be covered by the insurance and only the Client shall be liable for them.
AGREEMENT CANCELLATION – If the Client, for any reason, cannot take over the yacht or find a person which the agreement could be assigned to (upon a prior consent of the Ship Owner), the Ship Owner shall keep:
- 50% of the price in case of a resignation up to 1 month before embarkation
- 100% of the price in case of a resignation not less than 1 month before embarkation
In case the charter resignation for reasons beyond the control of the Client and Ship Owner (force majeure) the paid charge shall not be returned, but the Client shall be entitled to charter the yacht at any other time or in the next season agreed upon with the Ship Owner. When new date/yacht is more expensive, the Client is obliged to cover the difference in price. In case of moving to the cheaper date/yacht difference is not refundable. After the reservation is transferred to the next season, the operator has the right to change the yacht to another of a similar class at any time, if the originally booked yacht is not available for technical reasons.
COMPLAINTS – Complaints shall be accepted solely upon the disembarkation in writing with the confirmation of both parties (the Ship Owner and the Client).
ARBITRATION – In case disputes cannot be resolved amicably, they shall be governed by a competent court appropriate for the Ship Owner's registered office.