Charter party conditions for the yachtbooker system:
Contractual partners
The charter party is concluded between the charter company
and the charterer,
Wishful Sailing Company is
acting as an agent in this respect.
Payment, cancellation, non performance of the charterer
1. Unless otherwise stated in the charter party,
payment of the first instalment, as defined, of the charter
price is due within three days of conclusion of the charter
party; the balance is due six weeks before the commencement
of charter. Payment must be received before the dead-lines
indicated.
2. In emergencies the charter company may withdraw
within 4 days of conclusion of the charter party. In such a
case the charter company undertakes to repay to the
charterer without delay any monies already paid (if need be,
through the agent).
3. The charterer is strongly recommended to take
out a voyage cancellation costs insurance. The charter
company or the agent will be pleased to send a quotation for
such insurance.
4. Shall the charterer be unable to effect payments
within the periods stated in the contract, the charter
company is entitled to withdraw from the contract, provided
that the charterer does not effect a payment within the
appropriate additional respite, set by the charter company.
Possible effected rates shall be refunded less service
charge only in case, if a substituted charter takes place.
Calculating the service charge, the charter company is
entitled to consider the additional expenditure incurred
through a charter elsewhere and to include possible required
discounts. The charterer is at liberty to substantiate to
the charter company that there is no damage, resulting to
the charter company, or less than asserted. Furthermore, in
case of miscarriage of a substituted charter, the charterer
is at liberty to substantiate to the charter company that it
has saved expenditures and has therefore at least a partial
obligation of repayment.
Obligations of the charter company
1. The agreed yacht will be delivered to the
charterer in a clean, sailable, sea-worthy condition, and
with full tanks.
2. If the agreed yacht cannot be delivered at the
date agreed in the charter party (e.g. because of average,
un-seaworthiness as a result of an accident in the preceding
charter etc) the charter company may deliver an equivalent
yacht without prejudice to the warranty claims of the
charterer in so far as there are defects in the replacement
yacht.
The charterer warrants and undertakes the following:
1. to observe the principles of good seamanship.
2. to possess a good command of seamanship and
sufficient experience in the command of a yacht or to
appoint a responsible skipper with such capabilities. If the
charterer or his skipper does not possess the necessary
licence or certificate of competence to skipper a yacht of
the agreed class, the charter company reserves the right to
refuse to hand over the yacht, retaining the charter price,
or to appoint a skipper in the name of and for the account
of the charterer.
3. to observe the laws of any country he might visit
and to report the arrival and departure of the yacht to the
harbour master.
4. not to use the yacht for the purposes of
business or trade, not to take on board any persons
not being a member of his immediate group, not to hand over
or hire the yacht to a third party without the written
consent of the charter company and not to transport any
hazardous goods or materials.
5. not to leave the maritime region of the charter
company without the prior written consent of the charter
company.
6. not to make any changes to the yacht or its
equipment.
7. to handle the yacht and its equipment with care,
always to wear sailing shoes when on board, to maintain the
log book in a simple form, prior to the commencement of
charter to inform himself in detail about the area to be
travelled, e.g. currents, and sea level changes during
strong winds etc.
8. not to leave the protective harbour if winds over
7 on the Beaufort scale are forecast.
9. to return the yacht in proper working order, in
an orderly condition with all equipment properly stowed and
with full tanks; failure to do this will mean that the cost
of filling the tanks and stowing equipment will be deducted
from the deposit.
10. to inform the charter company immediately by
phone or telegraph in the event of damage, collision,
average or other unusual events. To prepare a written
account In the event of damage to the yacht or injury to
persons, and to have this countersigned by the
harbour-master or doctor.
11. always to have the yacht towed by its own
line in the event of average or similar events, and to make
no agreement about towing or salvage.
12. to check the condition of the yacht and check
that all its equipment and items listed on the inventory are
complete, both on taking over and returning the boat (the
check list), and to confirm this by means of a signature.
13. to report complaints concerning the yacht without
delay to the yacht’s base and to note these in the delivery
or return documents. Claims notified at a later date cannot
be entertained.
14. where applicable, to sign charter parties
required by law or the charter company's own contract forms
before taking over the yacht.
Repairs, engines and monitoring of the bilges
1. Repairs costing over € 100 must have the approval
of the charter company. The original of any part replaced
must be retained. Payments for repairs necessary as a result
of wear and tear will be reimbursed by the charter company
on presentation of invoices accompanied by the corresponding
receipt.
2. The charterer must check the level of the oil,
the cooling water and the bilges each day. The charterer
must check the cooling water flow continuously during the
charter. Damage due to the motor running dry are not insured
under any circumstances, and is for the account of the
charterer. The motor must not be used when heeling under
sail at over 10º as in such a case oil or water supplies to
the engine do not function.
Cancellation by the charterer or reduction of the charter
price in the event of late delivery or defects
1. If the charter company fails to provide the
yacht, or at least an equivalent replacement yacht at the
time agreed in the charter party, the charterer may withdraw
from this charter party, but not before 24 hours from the
commencement of the charter, and receive full reimbursement
of all payments made under this charter party. If the
charter period is two or more weeks, the minimum time before
which the charterer can withdraw is increased by 24 hours
per additional week.
2. All other claims for compensation by the
charterer are excluded, except in the case of intent and
gross negligence by the charter company. If the charterer
does not withdraw from the charter, he may claim for
reimbursement of the charter price pro rata for the time for
which the charter company failed to hand over the yacht.
3. Damage to the yacht and its equipment which does
not prejudice its sea-worthiness and which allow the yacht
to continue to be used in a reasonable manner shall not be
grounds for withdrawal. A reduction in the charter price in
such a case is also excluded.
Charter company’s liability
1. The charter company shall only be liable towards
the charterer and his crew for loss or damage arising from
intent or gross negligence on the part of the charter
company, as well as for damages to life and health or
personal injuries, resulting from negligent breach of duty
by the charter company or from intentional or negligent
breach of duty by a legal representative or assistant of the
charter company.
2. The charter company shall not be liable for loss
or damage caused by inaccuracies, amendments, mistakes and
defects in the ancillary nautical equipment provided, e.g.
marine charts, handbooks, compass, radio direction finding
equipment etc.
3. Claims by the charterer due to the inability of
the yacht for use resulting from damage or total loss caused
by the charterer or a third party during the charter shall
be excluded.
Agency’s liability
The agency is only liable as an intermediary for
intentional or grossly negligent dereliction of duty in the
performance of its services as an intermediary.
Charterer’s liability
1. The charterer shall indemnify the charter company
against all civil and criminal consequences of third party
claims arising from actions and failures to act on the part
of the charterer including all legal costs in the country of
delivery and abroad. The charterer accepts the yacht on his
own responsibility.
2. If the charterer leaves the yacht at any place
other than the agreed location for any reason whatsoever,
the charterer shall bear the costs for the return of the
yacht by water or by land. If the return of the yacht
extends beyond the time period of the charter, the yacht
shall be deemed to be returned by the client at the time of
its arrival in the agreed harbour.
3. Late return of the yacht and non-usability of the
yacht caused by the charterer shall be grounds for claims
for compensation by the charter company.
4. Attention is drawn to the fact that conclusion of
hull insurance by the charter company does not mean that the
charterer is not liable for loss or damage not covered by
such insurance, or for loss or damage for which the
insurance expressly reserved the right of recourse to the
charterer. This applies particularly to damage caused by
gross negligence, intent or failure to observe the
conditions of the charter party, and for any consequential
loss or damage.
5. The conditions of the insurance, which we will
gladly provide on request, are an integral part of this
contract. The deductible excess for each loss is to be borne
by the charterer and may differ from the deposit paid. The
deposit will be repaid without delay on the return of the
yacht and equipment in good condition. Loss and damage will
be off-set against the deposit. Loss and damage not covered
by the deposit or the insurance shall be paid without delay
by the charterer.
Conclusion of an extended “Skipper’s
liability insurance” (which covers crew’s liability
amongst themselves and recovery of losses to the chartered
yacht in the event of substantiated gross negligence) and
a consequential loss insurance is strongly recommended.
The charter company and broker will be pleased to send all
necessary documentation.
Miscellaneous/subsidiary agreements/ information /
separability clause
1. The charter period may only be extended with the
agreement of the charter company. If there should be obvious
errors in the invoicing of the charter price and the extras,
the charter company and the charterer have the right and the
obligation to correct the charter price in line with the
valid price list. This does not affect the legality of this
contract.
2. All care is taken in the preparation of
information, but information is given without guarantee.
3. The invalidity of individual provisions shall not
affect the validity of the remaining provisions of the
charter party. The parties agree to replace invalid
provisions by valid provisions most closely approaching the
invalid provisions.
Place of jurisdiction, applicable law.
All claims relating to the relationship between
charterer and agency shall be subject to the law applicable
to the registered office of the agency; the place of
jurisdiction shall be the registered office of the broker.
All claims relating to the relationship between charterer
and charter company shall be subject to the law applicable
at the registered office of the charter company, and the
place of jurisdiction shall be the registered office of the
charter company. |