1.
INSURANCE
The yacht is insured as follows:
Hull insurance for replacement value of the
yacht. The lessee`s excess for any damage amounts to the paid deposit. In case
of injury to persons, the personal liability insurance amounts to € 500,000,
in case of damage to property € 250,000. The hull insurance covers any damage
minus the excess produced by loss or damage caused by accident, fire, explosion
or misappropriation. Injury to the lessees as well as personal belongings are
not covered in the insurance policy. Nor are operational disturbances, outboard
motor or fittings and inventory of the yacht. Also not covered is an engine failure
caused by gross negligence.
2. CHARTER AREA
Charter area
are the particular territorial waters of the certain country. Before intending
to leave the territorial waters it is absolutely necessary to get the lessor´s
assent.
3. SKIPPER / CREW / CERTIFICATE OF COMPETENCE
The crew list attached to the charter party is part of the contract. The lessee
is responsible to the full extent for financial losses to the lessor caused by
misstatements.
4. CREW
The lessee (or the skipper mentioned
in the crew list) designated in the contract hereby declares that he possesses
the knowledge and experience required for open waters. On signing the contract
the skipper confirms the statements made in the contract, especially the possession
of any licences mentioned in the crew list.
5. GENERAL OBLIGATIONS
The lessee is obliged
- to operate the vessel in a responsible way and to
act in whatever situation as if the vessel belonged to him
- to embark only
the number of people authorised and not to transport goods in return for payment
- not to keep carry undeclared goods on board the vessel
- to inform the port
captain about the registration and departure if necessary
- to declare goods
in compliance with prevailing regulations
- to adhere to legal regulations
in the host country
- to be cautious on going on night trips
- to operate
the log duly and leave it on board the vessel
- not to manhandle the vessel,
equipment or fittings
- not to take any pets aboard without any written permission
6. SPECIAL OBLIGATIONS
In case of damage, collision, average
and other extraordinary incidents, the lessee is to initiate immediately :
a) to repair any damage of normal material wear up to € 200 against receipt
for later allocation on lessor´s account. Replaced parts have to be kept
in any case.
b) in case of damage to the vessel or injured persons, the lessee
has to keep a record and arranges for confirmation (port captain, doctor, average
adjuster etc.) The lessor must be promptly informed in case of average, unpredictable
delay, loss, immobilization, impounding or hindrance through authorities or others.
If the lessee is culpable for impounding or hindrance of any kind , the lessor
is discharged from any liability. The charter party is prolonged until the vessel
is returned with the lessee being obliged to pay a fee whereas the lessee is not
entitled to damages.
7. PROLONGATION AND RETURNING
A prolongation
of the fixed charter period is not possible without the lessor´s assent.
If the lessee leaves the vessel at another place than the one arranged, he has
to pay for having to return the vessel on land and sea unless the costs are covered
in the insurance policy. The lessor´s claim for damages is not touched upon.
The return is only successful if the vessel was brought back to the base stipulated.
8. TAKEOVER OF THE VESSEL
The vessel is delivered with
a full complement of water and diesel oil and must be returned so. The condition
and completeness of equipment and fittings are checked with a check list by the
lessor and confirmed by his signature. Therefore, the lessor can object neither
the suitability of the vessel nor of the equipment.
9. RETURN OF THE
VESSEL
After finishing the charter period, the lessee is handing
over the vessel to the lessor to check condition and completeness in clean state
(outside and inside) – unless otherwise stipulated. The yacht is to be handed
over in clean and tidy condition if final cleaning is included in the charter
hire. Lost, damaged or broken parts immediately have to be designated and are
balanced when reimbursing the deposit. At the end of the charter period the lessee
will have any paid amounts refunded if there are no claims through damages.
10. CANCELLATION
In case the lessee requests a cancellation,
he immediately has to inform the lessor. If it is possible to re-rent the vessel,
pre-paid advances less the costs incurred and handling charge of 15% are reimbursed;
otherwise the lessor can assert his claim to the full chartering fee according
to the charter party. (Cancellation insurance may be taken out). If parts of equipment
have gone lost or have been damaged during a previous charter period and have
not been replaced before the next rental period, the lessee cannot terminate the
agreement or lay claim to price reduction unless the vessel is not seaworthy.
11. LIABILITY OF LESSOR AND LESSEE
On violating the points
mentioned above the lessee is responsible for any consequences emerging for the
lessor. If the lessor is responsible for any actions and failures by a third party,
the lessee is obliged to exempt the lessor from any legal consequences. If a damage
occurs during the trip after the lessee has taken over the vessel, the lessee
has not the right to make any claims against the lessor. Even if the trip therefore
is entirely or partial impossible, the lessor is not responsible if it is a question
of force majeure (especially weather conditions) or damage through a third party.
With obvious miscalculations both parties have the right to adjust the price accordingly
without touching upon the legal effectiveness of the agreement. |
