CONDIZIONI GENERALI DEL NOLEGGIO (MY)

With the booking, the charterer confirms his acceptance of the GENERAL BOOKING TERMS and CONDITIONS, listed below.


1.Contractual relationships

The contract for the charter of the yacht selected and all related matters is made between it’s owner („the Owner“ ) acting through the Owner’s booking office (“Operator”) and the “Charterer”, acting through „Agency” as booking agent.
a) „Agency “ warrants that the agency is authorized to sign the Charter contract (“the Contract”) and/or the preceding booking form („the Booking Form“) on behalf of the Owner or on behalf of the “Operator”.
b) The „Charterer“ warrants, that he/she is authorized to sign the Booking Form and the Contract for and on behalf of the individuals, named as „Crew Member’s“ in the „Crew List“.
The Charterer declairs, that he/she did read and understand the tems of this contract.

2. Charter fee
a) The charter fee includes the hire of the Yacht and her inventory except the extras, reffered as „Extras“ in the Booking Form and/or int the Contract.
b) The Owner /Operator reserves the right to alter prices for the charter of the yacht at any time prior to receipt of payment of the balance of the price of the charter being paid should there be an increase in the Owner’s or its Operator’s costs.
If prices are increasing by more than 10%, the Charterer may cancel the Charter and all monies paid will be refunded in full, except monies paid for bank expenses or for an insurance.
c) Not included in the charter fee are also all costs which are not reffered to in the section „Included in the price“ in the Booking Form or into the Contract.
d) The Charterer has no right to claim for any difference between the name and the real equipment of the yacht and the name on the Booking Form or on the Contract and/or the equipment, listed in brochures or on „Inventory lists“ the Charterer got before he/she takes over the Yacht, except the missing part is a vital part of the Yacht such as engine, sails, rig, bilge bump, anchoring gear, navigation lights, compass, sea charts, safety equipment.

3. Terms of payments
The Charterer has to do the payment in the agreed form (see Payment Details on the Contract and/or Booking Form).
The owner (Operator) reserves the right to cancel the booking and forfeit the deposit without notice to the Charterer if the agreed payments are not received by the due dates (for the down payment + 6 days for bank transfer).

4. Validity
In the event, that the owner/Operator cancelled the booking because the Charterer did not pay in time (see Clause 3), the charterer has to pay to Agency cancellation costs in the equivalent of 15% to the agreed charter fee.
The signature of this Contract by the owner (Operator) becomes valid and binds the Owner/Operator to his obligations herinafter mentioned only on condition that the Owner will actually receive the sums of the payments as indicated in the Booking Form or in the Contract, in time. (See Clause 3.)

5. Travelling to take over the yacht
The journey to the port where the Charterer has to take over the yacht is not part of this contract, even if the charterer booked both – the charter and the journey (flight, train, bus, hotel …) through the operator or through Agency.
The Charterer also is informed, that he/she hire a yacht to the terms of this Contract and that he/she do not book a travel or a travel arrangement.
The owner/operator or Agency are not liable therefore for any loss, damage, injury, delays or inconvenience incurred or suffered by the Party in relation to the foregoing.

6. Cancellation or variation by the Charterer
a) If the Charterer wish to make changes to the Charter Booking or to confirmed optional Extras, Agency will do all it can to make the necessary arrangements. However Agency and/or the owner/operator reserve the right to make reasonable charges and pass on any extra expenses they have incurred due to the effect of these changes.
b) If the Charterer wish to cancel the booking, Agency must be notified immediately in writing by the Charterer.
If a cancellation is received more than 8 (eight) weeks before the Charter start date, then the Charterer will forfait the Charter Fee deposit and all other monies he paid before the cancellation to the Charter fee or to Optional Extras, insurance costs and so on.
c) If a cancellation is received within 8 (eight) weeks of the Charter start date then the Charterer has to pay the total Charter Fees and all Optional Extras.
d) If it is possible to get another booking for the same period and under the same conditions, cancellation costs are 15% of the Charter fee of the new booking. The difference to the paid amount by the Charterer will be returned to the Charterer. The costs for bank transfer of the money has to pay the Charterer.

7. Cancellation or variation by the owner or operator
The owner/operator will do the utmost to provide the contracted facilities but if circumstances arise and an acceptable alternative cannot be provided, the owner/operator may find it necessary to cancel the Charter and/or the Optioonal Extras before depurture. In this case the owner/operator will return in full all monies paid by the Charterer, except payments for an insurance, a transfer or the journey to the place where the Charter should start. The owner/operator and Agency will then be under no further obligation or liability.

8. Liability of the owner/operator
a) To fit out the Yacht and to hand her to the Charterer, without crew, clean, ready for sea, with all the gear and equipment indicated in the Yacht’s brochure and its inventory list and in proper running and seaworthy condition. In the unlikely event that any piece of equipment as included in the Yacht Specification, Yacht inventory and/or optional Extras are not available or serviceable during the charter period, the owner/operator reserve the right to supply the closest substitute available - see also Clause 2(d)
b) To insure the Yacht and her standard equipment against fire, marine and collision risks and third party damage, provided that such loss or damage is not caused or contributed to by any act of gross negligence or wilful default by the charterer or his crew.
c) To employ every reasonable effort to ensure delivery of the Yacht on the date and at the place mentioned in the Booking Form or Contract hereof, but if for any cause whatsoever the yacht shall not be available, the Charterer shall have the right of choice of one of following possibilities:
I. Provided that the following charter commitment of the Yacht allows it and that the Owner/operator agrees, to prolong the period of charter by the same length of time by which the delivery has been delayed.
II. To leave the date of termination unchanged as in the Contract hereof and to be refunded by the Owner/operator with an amount proportional to the time by which delivery was delayed at the rate corresponding to the agreed total charter fees (except obligatory or optional Extras).
III. If the delay of delivery exceeds one fourth (1/4) of the total charter time or a maximum of 3 (three) days, to cancel this Agreement and be refunded by the Owner/operator with the total amount paid for this charter. In any of the events mentioned in this Cause, neither party shall be liable to pay to the other any other compensation for any loss or damage resulting from the curtailment or the cancellation of this Contract.

9. The Charterer agrees
a) To redeliver the Yacht to the Owner/operator, cleaned-up, together with all her equipment, in the same good condition as she was take-over, at the “check out” place, date and time designates in the Contract, but unless the yacht has become a total loss, if he shall for any reason fail to deliver the Yacht at the aforesaid date and time, to pay to the Owner demurrage at the rate of the charter price per day of this Contract increased by fifty percent (50%), for every day of fractional part of a day thereafter until delivery has been effected. If he leaves the Yacht at any place other than the place designeted in this Contract, to pay to the Owner/operator all expenses involved in transferring the yacht to the place of redelivery and pro-rata demurrage as above for the number of days required for this transfer, as well as for any loss or damage not covered by the insurance policy, which may occur on or to the Yacht until she has been taken over again by the Owner.
b) To leave on deposit and as guaranty with the Owner/operating on taking over the Yacht the agreed security deposit to meet in whole or in part any claim by the Owner/operator in respect of any loss or damage to the Yacht and / or her equipment not recoverable under the policy of insurance and for any claim by the Owner/operator in respect of the provisions of Clause 9(a) above. The aforesaid security deposit shall be refunded to the Charterer, subject to the provisions above, after inspection of the Yacht, her gear and her inventory by the Owner/operator.
c) Not to use the Yacht for racing or for towing other craft, except in an emergency, or generally for any purpose other than that of private pleasure of the Charterer and his crew.
In all at sea, or to accommodate aboard any person other than those shown on the crew/passenger manifest nor to take the Yacht or permit her to be taken outside the agreed area nor to sublet the Yacht without the written consent of the owner/operator.
d) Not to allow any person on board to commit any act contrary any applicable law. In case any such act is committed this Contract shall thereupon terminat, but without prejudice to any rights of the Owner/operator and that the Charterer shall carry alone any resulting responsibilites and he shall answer alone to the appropriate Authorities.
e) To take every possible preventive measure and precaution to avoid to bring th eYacht in any condition in which the Yacht will need to be towed to any point by another vessel, but should such a necessity arise, inspite of the Charterer’s efforts, to negotiate and agree with the capatain of the other vessel on the price to be paid, before allowing the yacht to be towed.
f) Not to leave a save port or anchorage if the wind force is or is predicted to be over 7 (seven) of the Beaufort Scale or if the harbour Authorities have imposed a prohibition of sailing or while the yacht has unrepaired damage or any of her vital parts such as engine, sails, rig, bilge bump, anchoring gear, navigation lights, compass, safety equipment etc. are not in good working condition or without sufficient reservers of fuel or in general, when weather conditions or the state of the Yacht or its crew or a combination of them concerning the safety of the Yacht and her crew is doubtful.
g) When necessary, to promptly reduce canvas and not to allow the yacht to be found sailing under an amount of canvas greater than th eone insuring comfortable sailing without excessive strains and stresses on the riggin and the sails, not to sail the Yacht in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly, not to sail the Yacht at night without all navigation lights functioning or without sufficient watch on deck.h) To keep the Yacht’s Log Book up to date, noting each day the port of call, the state of the Yacht and its equipment, any change in the composition of the crew when at sea, regularily, the times positions, weather conditions, sail plan and hours of engine operation
i) To plan and to carry out the yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the Yacht must be returned to the Owner(Turn-Around Poit) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the yacht’s port of call shall lie at a distance not greater than forty (40) N.M. from the point at which the Yacht is to be returned to the Owner.
k) To report by telephone or cable to the Owner at reasonable intervals the position and state of the yacht and of her passengers, as well as in the event of any damage to the Yacht.
l) To study and acquire a working knowledge of any printed matter pertaining the proper handing of the yacht and to the conditions in the cruising area which may be made available to him by the Owner.

10. Charterer’s (Skipper’s) Sailing qualification
The Charterer (or the signed Skipper) warrants, he/she is competent in sailing (especially in the type (size) of yacht he/she chartered), seamanship and navigation and agrees to indemnify and hold harmless the Owner/operator and it’s agents against all damage, loss or expense suffered by them and each of them in reliance on this warranty.
The Owner (or his representatives) may require the Charterer and his crew to demonstrate their competence in handling and navigating the yacht safely by actually operating the yacht at sea with the Owner (or his representative) aboard and should the Charterer and/or his crew fail to satisfy the Owner in this respect, the Owner may place aboard the yacht a seaman, if one acceptable by both the Owner and the Charterer is available, at the expense of the Charterer, for as many days as the Owner will consider necessary for the safety of the yacht and her passengers and any time required for this test of the Charterer’s competence and seamanship will be part of the agreed Charter period.

11. Take over
a) The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as designated in the Contract. The time required to demonstrate the yacht to the Charterer and to familiarise him with her shall be part of the agreed charter time. The free use of the Yacht will be granted to the Charterer after he has signed the Take-Over form.
b) Before signing the aforesaid form, the Charterer shall have the right to inspect the yacht, her gear and her inventory thoroughly to ascertain that all are available and in good working condition, except as may be noted thereon, but the signature of the Take-Over form by the Charterer shall be deemed to imply acceptance of the yacht which thereafter will be in the Charterer’s full responsibility and the Charterer shall have no right to claim for any loss of time or expense occasioned by any accident or breakdown or failure of any part of the yacht.
c) After take-over , expenditures for port-dues, water, fuels, oils and any other stores required, as well as the repair of any damage or failure that may occur while the yacht is in the Charterer’s responsibility and which are not the result of normal and natural wear shall be made by the Charterer at his expense, provided that the previously obtained the consent of the Owner for the technical suitability of repair to be made. In the case of repairs of damages or failures resulting clearly from normal and natural wear, the Charterer shall collect the pertinent receipts against which he shall be refunded by the Owner at the end of the charter.

12. Ascertainment of Damages
If any accident or damage is coused by the Yacht, the Charterer shall request from the nearest Port Authority to ascertain the damage or accident and the circumstances in which it has been caused and to make a written record and statement about it and he shall notify the Owner/operator at the same time.

13. Total Loss of the Yacht
Should the Yacht become an actual or constructive total loss before or during the Charter period, this Contract shall be deemed to be at an end and the Charterer shall recover from the Owner all charter monies paid in advance to the Owner/operator only in case the loss has ocurred before the charter period, or during the charter period, provided that the Charterer or his crew were not responsible for the loss.

14. Yacht insurance and security deposit
The yacht is insured with a self participation for each damage with the maximum amount of the security deposit.
Exception: If the insurance will not pay because the damage was the result of an act of gross negligence of the Charterer or if another breach of the charter contract by the Charterer may invalidate the yacht insurance, the Charterer has to refund all costs or losses the owner/operator had as a result of the damage or the breach of the Charter contract.

15. Assignment
The owner may transfer all it’s rights and obligations under the charter contract to any new owner of the Yacht or operator and save for any antecedant breachers of contract or torts, the Owner shall be relieved all liability to the Party thereafter.

16. Agents
Agency act in good faith on behalf of both Owner/operator and Charterer but contract as Agents only and in no way incur any liability for any acts, matters or things done, committed, omitted or suffered by either party, except for the responsibilites an agent has.

17. Complaints
Any complaints that any member of the Party has regarding the charter of the yacht must be made to the Owner/operator or their representatives at least during check out in writing and signed by the Charterer and the owner (or his reperesentative).

18. Sailing area
The owner/operator reserves the right to restrict the sailing area or time, because of a special navigation situation. The restriction will become part of this contract. The Charterer has no right to claim because of such a restriction.

19. Additional Contracts
If the Charterer has also to sign a standard contract of the owner/operator, except Clause 1 of this Contract, the terms of the „owner’s contract“ will be valid for the charter.

20. Governing Law
The interpretation of the charter contract shall be governed by and construed in accordance with the law of the country the owner/operator has the legal office and the exclusive jurisdiction of the responsible courts in this country. The interpretation, if the Yacht is permitted and correct equipped for a charter shall be governed by and construed in accordance with the law of the country the charter start.

21. Special provisions
The special provisions, if any, set out in the Schedule hereto are fully accepted and form part of this Contract.

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