The International YACHT-POOL Terms and Conditions
I. Charter fee
The charter fee includes the use of the yacht including all of its accessories recorded in the inventory list and other accessories additionally contracted by the Charterer, their natural wear and tear as well as any and all costs for the repair of any damage due to material fatigue, the service work provided by the Charterer as well as all general taxes and fees for the yacht during the charter period due at the start and finish berth as well as the proportionate costs for the ship's liability and comprehensive insurance of the yacht.
Not included in the charter fee are any fees for travelling in waters, areas or harbours, mooring fees outside the starting or finishing berth and fees for checking in or out as well as the costs for operating supplies such as diesel fuel or gasoline.
Costs for the final cleaning, gas, petrol for the outboard motor, bed linen and towels may be included in the charter fee. Otherwise these additional expenses must be listed separately by the Charter Operator and submitted to the Charterer in good time before the charter date.
II. Obligations of the Charter Operator
The Charter Operator undertakes to the Charterer as follows:
All prescribed maintenance intervals have been complied with and must also cover the entire charter period. Special attention must be paid to the maintenance of rescue equipment and safety-related equipment such as (if available / mandatory) life raft, life jackets, emergency signals, EPIRB, fire extinguishers and the gas cooker system as well as the completeness and updated versions of the nautical charts and navigational instruments.
III. Obligations of the Charterers
The Charterer has the following obligations towards the Charter Operator:
IV. Driving licenses, certificates of competence
The Charterer may either be the skipper of the chartered yacht or s/he may designate a crew member of choice to serve as skipper.
The skipper has to prove to the Charter Operator the possession of the driving licenses and certificates of competence necessary to guide the yacht in the entire contractually stipulated sea area. Furthermore, the Charterer must ensure that the skipper has all the necessary nautical, navigational and nautical knowledge and experience in order to safely manage the chartered yacht, as specified in point III, under sail and/or engine, taking into account the responsibility for crew and material.
The Charter Operator is entitled to check the skipper's ability to navigate before handing over the charter yacht. For this purpose, he can demand proof of the previous experience of the skipper prior to the conclusion of the contract and he can demand the presentation of the licenses or driving licenses required to navigate the yacht in the agreed class and area of the vessel. In the case of obvious inability to qualify for the safe navigation of the charter yacht and crew, the Charter Operator may provide or arrange for the Charterer to hire a skipper. If this is not possible or if the Charterer does not agree with this, the Charter Operator may refuse to hand over the yacht. In this case, the charter fee paid will only be repaid if the yacht can be successfully re-chartered at the originally agreed charter fee. If the yacht can only be re-chartered at a lower fee, the Charter Operator is entitled to withhold the corresponding difference.
V. Performance disruptions (charter contract)
1. Charterer's rights:
a) If the Charter Operator does not make the charter yacht available 4 hours after the contractually agreed date at the latest, the Charterer shall be entitled to a proportional reduction in the charter fee for the downtime per day started.
The same applies mutatis mutandis during the charter period in the event of damage or defects occurring independently of the fault of the Charter Operator, unless these were caused culpably by the Charterer himself. The Charterer has to accept a restriction of use on the yacht for of up to 4 hours without any refund for each damage event. A restriction of use exists from the time from which the Charterer is considerably restricted in the use of the yacht due to a defect and/or a repair. A reasonable change to the planned itinerary (to allow for repair) and/or repair during normal harbour dock times is not a use restriction.
The Charterer may also withdraw from the contract, subject to full refund of the payments made, if more than 24 hours have elapsed since the agreed delivery date; this period is extended to 48 hours for a charter period of at least 10 days.
The Charter Operator is entitled to provide a reasonably acceptable replacement yacht, corresponding to the needs of the Charterer and objectively equivalent.
If it is already clear prior to the charter that the ship will not be available and cannot be handed over within 4 hours after the contractually agreed date at the latest, the Charterer has the right to withdraw from the contract before the start of the charter with full refund of the payments made.
b) In the event of negative deviations of the charter yacht, its equipment or accessories from the contractually agreed conditions (defects), the Charterer is entitled to a reasonable reduction of the charter fee. Any withdrawal from the contract is only possible if the charter yacht would be impaired thereby in its seaworthiness or if it objectively obstructs proper navigation using conventional navigation methods, thereby significantly increasing the risks to the safety of the ship and crew.
The Charterer can only claim reduction and cancellation by a written declaration in writing to the Charter Operator. The declaration must be made immediately after the defect becomes known and additionally in the check-out report, providing appropriate justification.
c) If the Charter Operator is not responsible for the default, the Charterer shall not be entitled to any reimbursement of any consequential damage (such as travel/accommodation costs) from the Charter Operator. In this case, however, the Charter Operator will assign any claims for damages against third parties to the Charterer. The Charter Operator must inform the Charterer comprehensively and immediately about such occurrences and their possible consequences.
2. Rights of the Charter Operator:
a) Late return: If the yacht is returned later than 2 hours after the time agreed with the Charter Operator by the fault of the Charterer, the Charter Operator may require the pro rata continuation of the charter fee per started day.
The Charter Operator shall be entitled to demand compensation from the Charterer for all economic losses incurred by him (such as the costs of additional personnel to be contracted or kept on stand-by or failure or partial cancellation of subsequent charter).
b) Different place of return: If the yacht is not returned at the agreed place by the fault of the Charterer, the Charter Operator may require from the Charterer compensation for all economic damages incurred thereby (such as the cost of take-over at another location or costs for the repatriation of the yacht by sea or by land).
c) Weather conditions do not affect the Charterer's duty to the return in accordance with the contract, unless there is a case of unpredictable force majeure (see also point III.4). Both in the case of late return and alternative place of return, the Charterer has the obligation to minimize the financial loss and to provide the Charter Operator with proof that the required costs have actually been incurred. The Charterer can provide evidence that no or merely minor damage has occurred.
VI. Cancellation regulations
If the Charterer withdraws from the charter contract, except for the reasons stated under subparagraphs V 1a) and 1b), the contractually agreed cancellation costs shall apply in relation to the net charter fee. For services, which are also omitted by the cancellation of the charter, no cancellation costs will be charged, such as e.g. for final cleaning, deposit, bed linen or special equipment.
If the Charterer can not take the trip, s/he must immediately notify the Charter Operator in writing, whereby the actual time of receipt at the Charter Operator shall be decisive. In case of a successful replacement charter on equal terms, the Charterer will receive back his or her payments made so far net of a processing fee of € 150.-. The Charterer may only provide a suitable replacement Charterer who will take over the contract, with the agreement and written consent of the Charter Operator. In the case of a replacement charter at reduced prices or for a shorter period, the respective difference plus the processing fee is payable by the Charterer. If different delivery and return ports or foreign ports have been contractually agreed, the compensation will increase by 20% each. The Charter Operator can withdraw from the contract if the costs incurred are not paid on time and expressly reserves the right to assert further claims for damages due to non-fulfilment of the contract. In all other cases, the Charter Operator is entitled to the contractually agreed charter fee.
The conclusion of a charter cancellation insurance, with special coverage for charter-typical risks (for example, drop-out of the skipper leads to the cancellation of the entire trip) is therefore strongly recommended.
VII. Payment Terms
The payment of the charter fee is made as agreed in the contract, that is, in partial payments or as a total payment.
If the agreed payments are not made on time, the Charter Operator is entitled, after a fruitless reminder, to withdraw from the charter contract and to charter the yacht otherwise.
The Charterer must replace default amounts. The contract becomes valid when Charter and Charter Operator have exchanged written or electronic declarations of consent.
The full payment of the charter fee to the Charter Operator and the contractual provision of the chartered yacht are confirmed to the Charterer by sending him or her a "boarding pass". Only the passport issued by the Charter Operator is valid. The Charterer has to check the "boarding pass".
VIII. Takeover of the charter yacht
The takeover of the charter yacht can only be done by submitting the "boarding pass" provided to the Charterer by the Charter Operator. The Charterer takes over the yacht at his own responsibility. The Charter Operator or its representative hands over the charter yacht ready for sailing and otherwise in perfect condition to the Charterer, cleaned inside and outside, with connected gas bottle and reserve bottle and full fuel tank. The state of the vessel, all technical functions (especially sails, lights and engines) and the completeness of accessories and inventory are thoroughly checked by means of a list of equipment and a checklist by both contractors in the course of a briefing. The Charterer guarantees that the yacht and its equipment meet the requirements of the laws and regulations applicable in the agreed charter area.
During the check of the navigational equipment and the nautical auxiliary material such as sea maps, manuals, compass, map plotter, echo-sounder, log, radio direction finder, the Charter Operator will inform the Charterer and point out to him or her, that despite careful and conscientious maintenance and control, malfunctions, inaccuracies and changes may still occur. The Charter Operator will also instruct the Charterer on his or her duty to regularly check navigation equipment and the nautical auxiliary material during the charter period. The Charter Operator can not take responsibility for the reliability and accuracy of electronic navigation aids.
The seaworthiness of the charter yacht and equipment is subsequently confirmed by both parties in a binding manner before being handed over by way of signing. After this, objections can no longer be made successfully. This does not apply if and to the extent that there were hidden defects at the time of delivery, even if the Charter Operator is not at fault here. The Charterer may only refuse to take over the yacht, if the seaworthiness is significantly compromised, but not in case of insignificant deviations or defects. The right of the Charterer to a reduction (see paragraph V 1) remains unaffected.
When taking over the yacht with the yacht's papers (see paragraph II 2), the Charterer must provide proof that the yacht is under liability insurance and comprehensive insurance in accordance with the charter contract and that the premium has been paid.
IX. Return of the charter yacht
The Charterer hands the charter yacht to the Charter Operator or his representative clear for sailing in a state according to the checklist, inside and outside cleaned (swept clean with empty sewage tanks and without garbage - unless otherwise agreed), with connected gas bottle and reserve bottle and full fuel tank. The Charter Operator is entitled to replace used and non-replenished material (such as fuel) at the Charterer's expense and to calculate the costs for it at a flat rate.
The Charter Operator is entitled to have the insufficient cleaning carried out at the Charterer's expense, unless it has been contractually agreed that the Charter Operator must carry out the cleaning.
Both parties jointly review the yacht’s condition and the completeness of the equipment. In case of a merely suspected damage to the yacht, the Charterer must notify the Charter Operator and immediately report lost, damaged or no longer functional equipment upon return. Charterers and Charter Operator create a list of shortcomings and losses and then use this and the checklist to set up a protocol which is binding after being signed by both parties.
If the Charter Operator refuses to draw up an acceptance report or if he does not carry out the acceptance within 2 hours after the agreed return date, the yacht is deemed to have been handed over without defects. After this time, objections can no longer be successfully asserted. In particular, the Charter Operator is not entitled to withhold the deposit for subsequently determined damages.
This does not apply if and to the extent that there were hidden defects upon return, the existence of which the Charterer is responsible for as a result of intentional or grossly negligent acts or if the Charterer refuses to sign a correct acceptance record.
The nature, extent and amount of damage, the elimination of which can or should take place only at a later date and possibly after further use of the charter yacht, must be documented in detail and binding for both parties.
Damage of any kind and their consequences, collisions, breakdowns, inability to manoeuvre, breakdowns, confiscation of the yacht or other special occurrences shall be reported by the Charterer to the Charter Operator immediately. The Charterer must be available in case of damage for instructions or questions by radio or telephone.
Damage based on normal wear or material fatigue can be remedied by the Charterer up to an amount of € 150,- without consultation and will be refunded to the Charterer by the Charter Operator on submission of a receipt. For expenses exceeding this amount and except for cases of emergency or in case of imminent danger, the Charterer shall inform the Charter Operator and shall commission, document and supervise the repair work in consultation with the Charter Operator and, if necessary, financially make advance payments.
Replaced parts must be kept in store. The Charterer has to do everything possible to reduce the damage and its consequences (e.g. failure).
If damage can not be remedied at the current berth, the Charterer shall be obliged, at the request of the Charter Operator, to navigate to another reasonably close port or berth to carry out the repair or to return to the contractually agreed place of return of the yacht prematurely (preferably 24 hours before delivery), if this is the responsible course of action and reasonable under the given circumstances.
The right of the Charterer to a reduction (see paragraph V 1) remains unaffected.
XI. Liability of the Charterer
The Charterer shall be liable for all damage caused by himself or his crew to third parties and the charter yacht, their equipment or accessories, especially for damage due to incorrect operation or poor maintenance (if and to the extent that it is the task of the Charterer) of the aggregates on board.
In case of force majeure, the Charterer shall only be liable if and insofar as the risk was culpably increased by the skipper and/or crew (for example, expiry in the event of a storm warning).
Costs for the repair of property damage to the chartered yacht or equipment culpably caused by the Charterer or the crew shall only be borne by the Charterer up to the amount of his deposit (see XIV).
In the case of intent or gross negligence, s/he is also liable for claims made by the hull insurer (Regress).
If and to the extent that he is at fault, the Charterer shall also be liable for all consequential and default losses (for example, in case of seizure), pursuant to the legal regulations of the respective country.
In the latter two cases, the liability of the Charterer is not limited to the amount of the deposit and may even exceed the value of the charter yacht due to additional costs.
Therefore, the conclusion of a skipper liability insurance covering this risk is strongly recommended.
The Charterer shall not be liable for any impairment caused by ordinary wear or tear (such as opening seams on sails) or damage for which the Charterer and his crew are not responsible.
If the Charter Operator provides a professional skipper, s/he shall be responsible for the yacht's navigation and will be liable for damage caused solely by him or her, but not for damage caused by the Charterer and / or the crew.
As regards intentional or grossly negligent conduct of the Charterer or his crew, for which the Charter Operator is held liable by any third parties, without him being at fault in any way of form, the Charterer shall keep the Charter Operator free of all private and criminal consequences, all costs and legal proceedings at home and abroad. Several Charterers are jointly and severally liable.
The Charterer is fully liable for any damage that is causally in the context of knowingly false information about the ability to navigate.
XII. Liability of the Charter Operator
The Charter Operator is liable on the basis of the charter contract for loss or damage to the property of the Charterer or the crew, as well as in the case of accidents or wilful misconduct, but not in case of acts by a higher authority or force majeure.
He is liable for damage caused by inaccuracies, alterations or errors in the provided nautical material (such as maps, manuals, compass, radio direction finder, etc.) only if s/he does not explicitly inform the Charterer or responsible skipper of the yacht about the possibility of errors or deviations.
However, claims for damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty and for other damage based on a wilful or grossly negligent breach of duty by the Charter Operator shall remain unaffected by all agreements.
XIII. Insurance of charter yacht
The charter yacht is covered by a comprehensive insurance for property damage to ship and equipment. In addition, a ship liability insurance without deductibles on a lump-sum basis for personal injury and property damage. The coverage of the ship's liability insurance is at least one million euros or dollars, depending on the currency of the policy.
Personal injury caused by accidents on board, damage to the goods carried by the Charterer and crew, as well as intentional or grossly negligent damage are not covered by the comprehensive insurance, so that in principle not the Charterer, but the responsible person is liable for the corresponding fault.
The existence of a comprehensive insurance means no indemnity of the Charterer by the Charter Operator for damage that the comprehensive insurance company does not cover, because it is based intent, gross negligence or disregard of the provisions of the charter contract (for example, navigating outside the agreed area) or in respect of which the hull insurer can take recourse.
Unless otherwise agreed, the Charterer makes a deposit in accordance with the charter contract. The deposit must be paid in cash when the yacht is handed over, at the latest, by credit card or in advance by bank transfer.
Up to this amount, the Charterer is liable per charter cruise and only for material damage to the chartered yacht and its accessories, for lost equipment and theft caused by him or his crew (see XI. Liability of the Charterer).
The deposit is immediately due for repayment on the return of the yacht and in case of a damage-free charter cruise. This does not apply if the Charterer refuses to sign a correct acceptance report or if it has been agreed otherwise.
If any possible repair work can or should only be made at a later date and if it can be foreseen that the expenses will amount to less than half of the amount deposited, then at least half the deposit is due for repayment immediately.
XV. Further agreements, general information, notes
1) Legal classification / liability of the parties (intermediary / Charterer / Charterer):
If the charter contract is concluded via a charter agency, it acts as an intermediary between the Charterer and the Charter Operator. A liability of the mediating agency takes place exclusively within the scope of the tasks and responsibility of an intermediary based on the contractual relationship existing with the Charterer.
As regards this present contract as well as any future changes to the contract and unilateral declarations of the Charterer to the Charter Operator, the agent acts as authorized representative in the name and on behalf of the respective Charter Operator and is entitled to collect due payments.
2) Price list, deviations, changes
If there are any doubts or ambiguities, the fees apply in accordance with the current list of fees of the Charter Operator. In the event that taxes, fees or charges, which are included in the charter fee by law, increase or decrease, without the parties having any influence on such increases, the Charter Operator and the Charterer shall agree on a corresponding adjustment of the contract.
3) Deviating charter contracts / second contracts to be signed on site
Due to regulations in the country of the Charter Operator, the Charterer may need to have a charter contract written in the language of the host country.
If the content of the national secondary agreement deviates from this contract and the "International T&C des YACHT-POOL Charter-Fairtrages", it is agreed between the Charter Operator and the Charterer that this contract shall apply exclusively according to the "International T&C des YACHT-POOL Charter-Fairtrages".
In agreement with the agent (charter agency), the Charterers and Charterer Operator declare that a national secondary contract signed between Charterer and Charter Operator shall have no effect in favour of or against the agent.
4) GPS tracking of the charter yacht
XVI. Final provisions (applicable law, severability clause)
The chartering takes place according to the legislation applicable within the charter area.
Verbal commitments or side agreements are only valid for both parties after written confirmation.
Should any provision of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, a provision shall be deemed to have been agreed which comes closest to the economic purpose of the parties. The same applies in the case of a contractual loophole.