CONDIZIONI GENERALI DEL NOLEGGIO (EC)

2014.

 

CHARTER CONDITIONS

 

GENERAL OBLIGATIONS:  the client declares to possess necessary license to pilot a boat and authorization to operate radio station on the boat autonomously and assumes obligation to handle the boat carefully and in a manner of a conscientious seaman. He is also under obligation to keep a private logbook and in case of damage hand it over to Ecos Yachting (in further text: the charterer). The client may not participate in regates without written consent, and must observe the laws of local and port authorities. He must not transport undeclared, dutiable goods or any other prohibited objects.

 

YACHT TAKEOVER: the client takes over the yacht Saturdays after 4:00 pm, with a full fuel tank. He must check the state of the boat and the completeness of equipment by means of equipment list and confirm this to the charterer. The conditional takeover of the yacht by the hirer is a confirmation of its working order and he should test all systems on leaving the marina. If he determines any defect he must return to the marina, notify base and give them a chance to repair the damage. If he does not return it is considered that the yacht has been properly delivered. The security deposit, which is listed respectively per type of boat on the charter price list, is made by credit card (Visa, Diners,  Master) The charterer is entitled to use this deposit for paying any damage repair that surpasses normal wear and tear and which is not covered by insurance, and to compensate lost equipment. If that is not the case, the deposit is immediately returned to the client without deductions. The charterer must deliver the boat on time as agreed. If, nevertheless, for no fault of his own, he is unable to deliver the intended boat or a similar substitute boat, he is entitled to breach the contract. In that case the charterer must refund the client the paid sum of money. Wider claims for compensation (e.g. travel and accommodation expenses) are not taken into account. If client does not breach the contract, he reserves the right to reduce the charter price for the period when the boat was not at his disposal. If parts of equipment were lost or damaged in previous charters, and the charterer has not been able to provide suitable replacement or if the damage has not been repaired, client can not breach the contract or demand price reduction, providing the boats sailing capability has not been diminished.

 

YACHT RETURN:  The boat should be returned, unless there is some other written agreement, Friday by 8:00 pm, in working order, with complete equipment and full tank. The client assumes obligation to compile a written list of detected defects and missing or lost objects and demand of base personnel a receipt for a neat delivery. All of the boat documents should be left on boat. An extension of charter period is possible only with charterers consent. In the event of a past-due delivery the same charter provisions are valid during the delay. If the delay is clients fault, he is responsible. Besides, client is obliged to free the charterer of responsibility for any possible damage done. If client leaves the yacht in a different place, he bears expenses of  its return to base.

 

CANCELLATION:  in cases of cancelling up to two months before beginning of charter, “Ecos Yachting” keeps 25% of charter price. If client cancels the charter within two months of charter “Ecos Yachting” will keep 50% of charter price. If cancellation takes place within one month before charter “Ecos Yachting”  will keep 100% of charter price.

 

SPECIAL SITUATIONS:  When damage, collisions, grounding and other extraordinary situations occur, it is necessary to take the following measures: in normal wear of material for the damage up to 150 euro, the client must repair the damage, and present a bill to charterer for reimbursement. Replaced parts should be saved, as otherwise client looses the right for reimbursement. When injuries, and other damage to the boat occur, a special report should be compiled, which describes the time and place of the accident, the accident itself and its causes, as well as the boats, people and witnesses involved in it. This report is to be forwarded to the authorities, and confirmed by them (the harbourmaster, doctor, general average surveyor). Furthermore, the receipt for the complaint must also be inclosed. At any rate, client must inform the charterer about such events immediately, as he does in case of any disturbances of the boat by outside persons and act according to his instructions. If in any emergency during the voyage an inevitable need for outside help of third persons arises, client has to try to negotiate the best possible conditions in case of required compensation. If tugging of the boat is inevitable and if for this reason the charterer can not be notified, their own rope has to be used.

 

RESPONSIBILITIES: the client is responsible for breaches of charter contract as well as any damage he personally is to blame for. If on account of his acts or negligence the charterer suffers any damage, he takes the damage upon himself. If after takeover of the boat some circumstances arise, or any damage occurs which makes further sailing impossible, then the client is not entitled to compensation by the charterer in case of freak weather conditions or third persons fault. If interruption of the voyage is caused by a damage that cannot be repaired within a reasonable period of time, and it was caused by wear of material, which the client did not notice at takeover, then the client is entitled to a proportional reimbursement for the days when he could not use the boat. Other claims (travel and acommodation expenses, compensation for suffered pain, loss of income etc.) are out of the question.

 

PAYMENT:  the client guarantees that payment of charter price will be paid in due time. If client, dispite warnings sent to his adress does not settle his obligations, charterer is entitled to breach the contract and, as a concequence of the delay, claim compensations in the amount of up to one fourth of the contract charter price. If any obvious mistakes are made in the calculations regarding the price, the client and the charterer are responsible to rectify the price in accordance with the existing price list, and thereby the validity of the contract is not harmed.

   

With his signature client confirms that he understood completely these Charter conditions and that he accepts them in fully.