General terms and conditions of business

Contracting party

The charter contract is concluded between the charter company (charter company) and the charterer.
charterer through 1a Yachtcharter GmbH (agency).
As an agency, 1a Yachtcharter GmbH exclusively transacts business in the name and for the account of
name and for the account of third parties and is authorized to sign charter contracts and accept payments on behalf of the represented companies.

Prices

The agency receives the list prices and any discounts from the charter company and passes these on to the charterer without any surcharges. Furthermore, all additional costs, which are to be paid to the charter company in addition to the charter sum, will be stated. The prices shown in the yacht search are total prices and include the charter sum and all additional costs. Additional costs, which depend on the size of the crew, are mentioned, but can only be calculated correctly after the charterer has specified them.

Payment and deposit

The deposit of the charter price mentioned in the contract is due within 7 days from the conclusion of the contract, the rest as stated in the contract. If the payments are not made after reminder, the charter company reserves the right to withdraw from the contract and claim damages.

Withdrawal of the charterer before the start of the cruise

If the charterer is not able to start the charter, he has to inform immediately. In case of cancellation before the date of payment of the balance (stated in the contract), the deposit of the charter price stated in the contract is due. If the cancellation takes place after the date of the balance payment, the entire charter price is to be paid. If a substitute charter succeeds under the same conditions, the charterer will be refunded his payments minus incurred handling costs in the amount of at least 20% of the charter price. If the substitute charter takes place at lower conditions, the difference is also to be borne by the charterer. The charterer is strongly recommended to take out a travel cancellation insurance.

Insurance and deposit

The yacht is covered by liability and hull insurance. The deductible per damage case is equal to the deposited security deposit. The excess is to be paid by the charterer in case of damage. The deposit will be refunded at the end of the charter if the yacht is returned free of defects and after presentation of the diving report. Damages and losses will be charged against the deposit. The charterer will receive a written deposit statement.

The insurance conditions are part of this contract and can be requested. A copy of the insurance conditions is on board.

The policy holder is not responsible for the behavior of the charter crew. Damages caused by intent or gross negligence of the charter crew are included in the insurance. In such cases, the insurers have a right of recourse against the charterers. The conclusion of a skipper liability insurance is strongly recommended.

Behavior in case of damage

In case of damages, collisions and accidents or other extraordinary incidents the charter company has to be informed immediately by phone. In case of damage to the vessel or persons, the Charterer shall make a written record of it and provide for confirmation of the harbor master (or the doctor or the police). The Charterer is obliged to provide the Charteree and the insurance company with all information concerning a possible case of damage. A written damage report must be prepared. A refusal can lead to recourse claims against the charterer on the part of the charter company and/or the insurance company.

Knowledge and duties of the charterer (or skipper)

The charterer / skipper expressly declares:

1. to inform himself before the beginning of the trip about the conditions of the sailing area, e.g. currents, water depths and strong winds.

2. to be in possession of valid certificates of competency (SBF-See or higher, radio certificate for the radio equipment installed on board, if applicable) and to carry them with him/her during the trip.

3. to have the nautical and seamanship knowledge to navigate the intended sea area.

4. to leave the respective sea area of the charter company only with the prior written consent of the charter company.

5. to master seamanship and to have sufficient experience in the management of the chartered yacht.

6. to observe the legal regulations of a host country and to register and deregister with the harbor master.

7. not to make any changes to the vessel or equipment.

8. to treat the yacht and equipment with care as if it were his property.

9. to enter the yacht only with boat shoes.

10. to keep the logbook in the form provided by law.

11. to participate in regattas or other sports competitions only after consultation.

12. to use the yacht for training trips or a berth charter only after consultation.

13. to bring pets only after consultation.

14. in case of an accident or similar cases, to have the yacht towed by its own line and not to make any agreements about towing or salvage costs.

15. not to leave the sheltered harbor when the wind force is forecast to be 7 Bft. or more.

16. to occupy the saloon only after consultation.

Handover of the yacht

The yacht will be handed over to the charterer clean, ready to sail and fully fueled. The condition of the yacht and the completeness of the equipment and inventory must be checked by the charterer on the basis of the checklist when the yacht is handed over. The charterer is expressly recommended to immediately notify the charter company of any known defects and to document them in writing.

The identity of the charterer must be secured or recorded by presentation of a passport or identity card.

Withdrawal and reduction of the charter price

Damage to the yacht and equipment that does not affect the seaworthiness of the yacht and allows the yacht to continue to be used does not entitle the Charterer to withdraw from the charter. The Charterer reserves the right to reduce the charter price. Excluded from the reduction are wear and tear corresponding to the age of the yacht and signs of use.

If the booked yacht cannot be handed over on the date agreed in the charter contract (e.g. due to accident, seaworthiness, late return of the pre-crew, other damages etc.), the Charteree can provide a substitute yacht of equal or higher value.

If the yacht or at least an equivalent substitute yacht is not provided by the charter company in time at the date agreed in the charter contract, the charterer can withdraw from this contract at the earliest 48 hours later with full reimbursement of all payments made. Any claims for compensation of the charterer exceeding the charter price are excluded. If the Charterer does not withdraw from the contract, he shall be entitled to reimbursement of the pro rata charter price for the time by which the vessel was handed over later.

Return of the yacht

The charterer has to arrange his schedule in such a way that a return according to the contract can take place on time. An extension of the charter period is only possible with the consent of the charter company. If the charterer leaves the yacht at a place other than the agreed place, the charterer shall bear all costs for the return of the yacht by water or land. A delayed return of the vessel entitles the Charteree to charge the Charterer for the extended use as well as for all costs incurred by the Charterer due to the delay (esp. claims of the following crew). The charter contract is considered extended until the return of the yacht. Excluded are delays caused by damages to the yacht for which the charterer is not responsible.

The yacht will be returned in a clean, cleared up and fully fueled condition. If the yacht is not fully refueled, the Charteree is entitled to charge a flat-rate fuel fee plus the consumed fuel. If gas is not included in the charter price, the charter company is entitled to charge a flat rate for each empty gas bottle. A toilet blockage will be charged up to 200,- EUR.

If the final cleaning is not included in the charter price, the charter company is entitled to charge the amount specified in the contract on the spot. In case of excessive soiling (e.g. by pets) an additional fee may be charged independently.

Repairs during the cruise

The repair of damages or the procurement of spare parts can only be arranged after consultation with the charter company. Expenses incurred by the charterer for repairs will be reimbursed by the charter company upon presentation of a receipted invoice (made out to the charter company).

The oil level of the engine must be checked daily. Damage caused by the engine running dry or overheating due to insufficient cooling water supply is not insured under any circumstances and shall be borne by the charterer. In particular, the engine must not be used under sails heeling more than 10 degrees, as it will be damaged.

Calculation errors

In case of obvious calculation errors in the determination of the charter price and the booked extras, the charter company and the charterer have the right and the duty to correct the prices according to the valid price list, without affecting the legal validity of the contract.

Liability

The charter company is only liable to the charterer for damages, which occur as a result of intent and gross negligence on the part of the charter company, up to a maximum of double the charter amount. Bodily injuries are excluded from the liability exclusion.

The charter company is not liable for such damages, which are caused by inaccuracies, changes and errors of the provided nautical auxiliary material such as e.g. sea charts, harbor manuals, compass, radar, GPS navigator etc..

For actions and omissions of the Charterer, for which the Charterer is held liable by a third party, the Charterer indemnifies the Charteree from all private and criminal consequences, also from all costs and legal prosecutions at home and abroad. The Charterer takes over the yacht on his own responsibility. The charter company is neither liable for him, nor for other persons on board.

As an agency, 1a Yachtcharter GmbH is only liable for grossly negligent or intentional breach of duty in the brokerage service. The liability of 1a Yachtcharter GmbH is limited to the amount of the cruise price or charter fee.

Place of jurisdiction

In the case of claims against 1a Yachtcharter GmbH, German law is applicable and the place of jurisdiction is Lübbecke. In the case of claims against the charter company, the place of jurisdiction is the registered office of the charter company. In this case, the law at the registered office of the charter company is deemed to be agreed.