CONDIZIONI GENERALI DEL NOLEGGIO (EK)

1.Charter fee
The charter fee includes the usage of the yacht and of its equipment as well as the extras and additional costs stated in the charter contract. The fee does not include harbor- and other charges as well as fuel, gas, water and all expenditures necessary for proper usage and for the maintenance of the yacht during the charter. Basically, the prices are valid in accordance with the in each case valid price list of the charter company, which is announced to the charterer before concluding the charter contract. In those cases, in which the charter company appears only as agency, the charter agency is bound to the price on behalf of the respective charter agency and/or the owner of the chartered yachts; such an increase in price can also occur according to presentation of the in each case valid price list of the charter agency. In such cases where from the viewpoint of the yacht owners and/or organizers the prices may be raised, the charterer obliges to pay also the increased price; the charterer is entitled in this case, if such a subsequent increase is more than 10% of the chartering sum, to resign in written form from the contract within 14 days, whereas the charter agency must not claim for compensation. In the case of a subsequent mark-down influenced by the ship owner or by the provider, the charter agency obliges to pass on such a price reduction without any deduction to the charterer. The same applies, if taxes, charges or fees that are included, increase or decrease the charter price, without the charter agency having influence on this, respectively that the increases or the decreases were influenced by it. Insignificant deviations of the equipment of the yacht from a delivered equipment or inventory list establish no right for reductions in price, if these deviations can be expected of the charterer; in particular if all essential pieces of equipment necessary for the safety and efficiency of the yacht are available.

2. Arrival journey
The arrival journey for beginning of the charter is not a component of this booking. If the start of the charter delays due to the late arrival of the charterer or one crew member, there is no claim for cost restitution. The laws and rules for travel agencies are not valid for the charterer and its crew.

3. Notices by the charterer
a) The period of time for which this booking is valid can only be changed by approval of the organizer and according to the possibilities; an agreed upon transfer booking is possible at any time.
b) In the case of a cancellation by the charterer within a period of time of 3 months before beginning of the charter the cancellation fee will correspond the payment (deposit) until then; in the case of a cancellation up to 6 weeks before beginning of the charter a cancellation charge of 50% of the charter price has to paid. If the charterer cancels the contract less than 14 days before beginning of the charter, the cancellation charge is 75% of the chartering price.In the case, that the charterer provides a third party within the mentioned periods of time, who accepts the charter contract fully, obligation for payment of a cancellation charge is dropped; in this case a service charge of 5% of the charter price for contracts up to EUR 3.633,64,- ; if the charter price is higher, a service charge of 2,5% of the charter price is due.
c) If a further charter is effected after cancellation by the charterer only for a part of the originally agreed upon charter period, 95% of the price at which the charter is effected will be refunded to the charterer.
d) If the charter agency or the organizer cannot provide the yacht or a suitable substitute (one can surmise under “suitable substitute” a yacht which is similar in size and equipment to the originally chartered yacht) by at the latest 24 hours after the agreed upon date (in the case of one week charter parties) and/or to at the latest 48 hours (in the case of multi-week charter parties), the charterer has the right to cancel his booking. In this case the organizer has to reimburse the payments of the charterer. No further claims of the charterer are valid; except if the circumstances (fulfillment delay of the charter agency) has been induced deliberately by gross negligence. If there is certainty already before the beginning of the charter, that the yacht will not be available on schedule, the charter agency obliges to notify the charterer as soon as he has knowledge of this. In this case the charterer may already resign from booking even before beginning of the charter; payments of the charterer received until then will be reimbursed.
e) Malfunctions or inaccurate displays of measuring instruments or other pieces of equipment do not authorize a non-starting or break-off of the charter and/or financial or other claims of compensation, if a correct navigation is possible by application of classical navigation means and the safety of ship and crew is not endangered.

4. Delivery and return of the yacht
The organizer and/or chartering agency obliges to instruct the charterer/skipper thoroughly about the yacht under simultaneous control of all technical functions and control of the presence of all equipment according to a checklist.
The delivery of the yacht occurs by means of a precise inventory list and is regarded as finished if the chartering charge has been paid completely, if the risk coverage has been deposited and the inventory list has been signed by the charterer.
With the exception of concealed defects, which cannot possibly be noticed at delivery of the yacht without fault of the contract partners, the charterer confirms with his signature on the check list, to have been delivered the yacht in good, seaworthy
state, as well as cleaned, filled up (fuel) and according to the conditions of the contract.

5. Insurance and deductible
a) The insurance premium (liability and insurance) is included in the chartering price.
b) The insurance covers no accidents of carried along persons, no losses or harms of their personal belongings. We recommend to conclude a corresponding insurance.
c) Precondition for an insurance service is, that the damage was not caused by gross negligence or intention and the liability is acknowledged by the insurance.

6. Use of the yacht, obligations, damages
a) The charterer/skipper declares to use the yacht under consideration of good seamanship as well as under consideration of the legal rules and regulations of all visited countries and districts.
b) If it turns out during takeover with briefing of the yacht and/or during a test drive, that the skipper does not have the required knowledge for a secure guidance of the yacht, the charter company has the right to place a skipper at disposal at the charterer’s expenses.
c) Moreover, the charterer respectively the skipper designated by him obliges
- to carry along only the maximally permitted number of persons and to inform the responsible authorities of each change of his crew;
- to utilize the yacht for neither business nor for transportation and/or for conveyance of passengers or professional fishing and to not charter the yacht to third parties;
- not to participate in competitions except with explicit approval of the charter agency/organizer;
- to carefully lead the logfile including recordings of weather reports and the current weather situation;
- to not let run the engine too long in standby position and to cruise with the engine only as long as necessary;
- to obey the safety rules on sea as well as the rules in the respective district as far as possible;
- the charterer/skipper is liable to the organizer/charter agency for all claims of third parties due to deliberance or gross negligence in connection with utilization of the yacht;
- the charterer/skipper declares to have been explicitely referred to this obligation for compensation;
- claims of third parties, that have been indicated to the charter agency because of slight and/or ordinary negligence of the charterer, the charterer is liable according to the definitions of the Austrian Civil Code (ABGB);
- the charterer/skipper declares to have been as a matter of principle explicitely referred to also this possible obligation for compensation;
d) In the case of damages of the yacht by normal material abrasion, the charterer/skipper is authorized to initiate the repair or a substitute, if the amount is not higher than EUR 50,87. This expenditure is paid back on return after presentation of the bill, if the damages are not caused by a mistake or negligence of the charterer/skipper or his crew. Exchanged parts have to stored.
e) In the case of major damages as well as averages, possible delays of return at the agreed upon end of the charter, loss or maneuvering inability of the yacht, the organizer/charter agency has to be informed immediately. The charterer/skipper has to undertake, supervise and document every measure, which might be helpful in a reduction of the damage and of the consequential damages in agreement with the organizer/charter agency and has to present the bill on payment. The right for indemnity remains unchanged. In addition, the charterer/skipper has to create a damage record and has to let it be confirmed by the responsible authorities, if this is possible on site. If the charterer/master culpably does not fulfill these formalities, he can then be held liable for compensation and/or liability, if through this culpable lapse damages arise for the charter agency/organizer. This is valid in the case of a seizure of the yacht due to a fault of the charterer/skipper. If there is reason for the presumption of a damage of the yacht below water level, the nearest harbour has to be called at and an examination by a diver, craning or upslipping has to be initiated at the charterer’s expense. In the case, that a damage of the yacht results below water level where the charterer/skipper cannot be held responsible, the costs for this are replaced by the charter agency/organizer.
f) Theft of the yacht and/or of pieces of equipment has to be announced at the nearest police- or comparable security office.
g) Modifications of the yacht or of its outfit must not be carried out, except that this is urgently required for the repair of a damage.
h) Taking animals on board is only allowed with approval of the organizer as well as in consideration of the locally valid laws.

7. Return of the yacht
a) The charterers has to return at the date determined in this booking/this charter contract to the agreed upon harbor, if there is no otherwise written instruction. Bad weather or other adverse circumstances have to be considered in timing. If the charterer/skipper cannot return the yacht himself for the above-mentioned reasons, he must inform the organizer. In the case, that the charterer/skipper has to account for the delay according to nonobservance of the above mentioned circumstances, the yacht has to be returned by a person designated by the organizer at the charterer’s expense. Until take over by this person, the charterer/skipper obliges to provide a sufficiently qualified person on the ship. The charter contract is fulfilled only after the proper return of the yacht.
b) Each day of delay involves an indemnification payment up to the amount of the double daily rate of the chartering fee as such.
c) After his return, the charterer must agree with the organizer upon a date for returning the yacht. The time for cleaning and stocktaking is component of the rent duration as defined in this booking.
d) If the yacht is not cleaned properly at return, the charter agency/organizer is authorized to have the yacht thoroughly cleaned at the expense of the charterer. If the so-called final cleaning is included in the charter price (needs to be separately quoted in the charter contract), it means, that the charterer has to return the yacht “swept clean” and with clean dishes.
e) It is agreed explicitely between the contracting parties that the to be deposited risk coverage at the beginning of the charter is used to cover damages culpably caused by the charterer/skipper or its crew, or other losses or value depreciations amounting up to the deductible of the fully comprehensive insurance of the ship. If the yacht and its outfit are returned in good condition, as well as clean, complete and filled up (fuel), the charterer will be reimbursed the risk coverage. This is also recorded in written form and/or the fact of the repayment is noted on the check list, which is obligatory of charterer and organizer by their signatures.
f) If repairs are required, the charterer/skipper in accordance with the charter company has to return so soon, that a repair can be carried out before the beginning of the sucessive charter.
g) If the damage of the yacht or the loss of equipment is covered by the insurance contract, the repayment of the risk coverage is delayed until the replacement payment by the insurance has taken place. If the damage of the yacht or the loss of equipment is caused culpably by the charterer/skipper, the repayment will be effected after deduction of the deductible and all additional costs caused by the damage. In accordance with the valid Austrian laws mutual further claims of the contracting parties remain untouched by this.

8. Foreign bookings:
It is agreed between the contracting parties, that a signature is necessary on the english booking as well as on a greek charter contract. This necessity of Greek organizers and/or ship owners as well as Greek authorities is explicitely covered by presently valid EU law. The charter agency/organizer obliges to refer the charterer already at beginning of the first contract and/or booking negotiations to this necessity. If an english, authentic translation cannot be provided, the charterer is not obliged to sign such a contract; however, he expressly takes note that without signature on the foreign charter contract a booking is not effective, therefore, in this case the conclusion of the contract does not occur in this case. The charterer is expressly pointed out, that if he signs such a foreign charter contract without authentic translation, he has to expect, that in it stipulations or disadvantageous clauses unusual for him can be contained, which submits him in accordance with foreign laws and without the possibilty of revocation. If the charterer does not sign the contract because of the above mentioned, no effective contract with the charter agency will be accomplished.

9. Reservations of the charter agency/organizer
The organizers reserves the right to limit the cruising area in the case of unsure or unusual navigation conditions or to pronounce a prohibition of sailing by night and refuses every responsibility for the results of a disregard of this limitations by the charterer/skipper.

10. Applyable regulations
It is agreed upon that Austrian law is valid for all disputes concerning the charter contract. As far as the charter company acts as an agency, it acts as agent between charterer and organizer and is liable exclusively within the framework of the tasks and responsibilities of an agent. The fact, that the charter company is not organizer and/or ship owner has to be expressively pointed out to the charterer; this has to be written down in the booking and/or on the charter contract.
Compensation claims of the charterer, which arise through this constellation against the charter company, remain untouched hereby.