General business terms
GENERAL BUSINESS TERMS OF THE YACHT CHARTER COMPANY |
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The client shall undertake to: |
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Handle the boat and its equipment carefully and mindfully |
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Use the boat exclusively in territorial waters laid down in the contract; consistently observe navigational regulations, especially concerning prohibited areas and to abide to navigational rules and sailing customs in sailing, ports and in anchorages. |
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Use the boat solely for personal and non-commercial purposes. Not rent or lend the boat to third parties or use the boat for transport against compensation. |
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Board only people stated on the crew list. The crew list must remain unchanged. |
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Not participate in regattas without a previous consent from the charter company. |
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Not to tow other vessels, except in case of uttermost emergency; |
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To diligently and mindfully take over and hand over the boat with its equipment based on the takeover/handover record; |
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diligently lead the ship's log and hand it over to the charter company at returning the boat; Enter into the logbook every damage to the chartered boat or damages potentially caused by the client to third parties; Any collisions with the sea bottom or shore ought to be described separately; the exact addresses of possible eyewitnesses shall be stated and the rental company informed about the event. Immediately inform the rental company in the event of water penetration, severe damages etc. and follow its instructions. |
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Despite the client's innocence in breaching these obligations, the charter company shall be disengaged of any responsibility. |
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The client is personally liable to security authorities, port authorities and customs posts for any possible breaches, litigations, penalty payments and confiscations, caused by breaching his obligations. The client shall refund the charter company the obligatory and contractual indemnification equal to a double daily charter fee for each day of the boat's immobilization if state authorities should confiscate the boat. In the event of a confiscation, the client shall repay within eight (8) days the value of a new boat as set forth in the insurance policy. |
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The client is expected to eliminate defects and damages that are the consequence of normal wearing of the boat up to the amount of 500 €, inform the charter company about it and undertake urgent repair works. The charter company shall refund this expenses if the client provides authentic receipts about the replacement of worn out or damaged parts. The repair of defects and damages exceeding the above-mentioned amount requires a prior agreement of the charter company. |
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If during the charter period the boat or its equipment suffers defects or damages that make further sailing impossible, it is the client's duty to immediately notify the charter company about the occurrence and act in accordance to its instructions. |
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The use of foreign help and resorting to third party services is prohibited unless the charter company has previously approved of it. Only in exceptional situations is the client allowed to act on his/her own, i.e. in cases when it may otherwise result in serious physical injuries, or when his or the life of the crew are in danger or there is a substantial threat to the boat and its equipment. Even in such events, he shall inform, at the earliest possible opportunity, the charter company. |
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Injuries and accidents must be recorded in an »Injury report« and certified by the port authorities, the port police, the doctor and at least two legally competent entities or persons. The client follows the same procedure in the event of theft, navigational incapacity, confiscation or any other hindrance to the navigation caused by official entities or third parties. |
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If the client acts contrary to the obligations stated in this contract he shall assume personal responsibility for all compensation claims made by the charter company or by third parties. The incapacity to use to boat due to average does not entitle the client to a partial or total refund of the charter fee. |
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Additionally, the client assumes responsibility for damages, accidents provoked and items lost or by his crewmembers. |
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| Navigation licences and other mandatory documentation |
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By his signing of the contract the client declares that he owns a valid navigation licence (a certificate confirming his qualifications as a boat leader and for using radiotelephony) and that he possesses the needed sailing and navigational skills to pilot a chartered boat or that during the charter period the boat shall be operated by another person possessing such a certificate and is mentioned in the contract. The client must in every case adjust the sailing to his experience and the weather conditions. It is not allowed to leave a safe port, marina or anchorage, if the wind force exceeds 6 Bofores. The client must pay regard to the weather forecast and act in accordance to it. |
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| The charter price |
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The charter price includes a normal wearing of the boat and its equipment, a third party insurance, comprehensive insurance at one's own participation (caution money) and the mooring in the home marina. The charter price excludes fuel, mooring and fees in other marinas, ports and anchorages as well as a tourist fee. |
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| Guarantees |
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The charter company shall not be held liable for what the client has done or has failed to do during the charter period. The client expressly excludes the charter company from all disputes, litigations, lawsuits and other consequences related to the rental of the boat. The client shall be in particularly personally liable, if he does not abide by the regulations on sailing within prohibited areas and by other restrictions. |
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| Withdrawal |
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If the client, for medical or other justified reasons, cannot realize his paid charter according to the validly concluded contract, he can find someone else to take over his rights and responsibilities. In this case, the client is charged with an additional 2% from the rental fee for the expenses.
If the client cannot find a replacement, he must pay the charter fee regardless of his using the boat or not as follows: |
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Up to 5 weeks before the commencement of the charter an advance payment (40% of the total price); |
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From 5 weeks up to the charter day the total charter fee. |
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The charter company can rent the boat to someone else if the client does not settle the charter fee within 8 days from its due date. |
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| Handover |
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The charter company shall hand the boat over to the client at the agreed location and at the agreed time. If due to objective reasons the boat cannot be handed over on time, the charter fee is reduced proportionally for each lost day. If the charter company cannot hand the boat over after 40 hours from the agreed time or at a location less than 40 nautical miles away from the home marina, the client has the right to withdraw from the contract. In this case, the charter fee is reimbursed, but all other compensations (travel, accommodation…) are excluded. If the client does not take the boat over within 24 hours from the commencement of the charter or does not communicate his possible delay in writing or orally it is the charter company's right to rent the boat to another person.
The client shall carefully inspect the state of the boat and of its equipment upon takeover. Remarks and flaws must be entered in writing into the handover records. Deficiencies not stated as such at handover are considered to be received in normal state. The boat is at the client's disposal as of client's written confirmation that the motor and vessel are seaworthy and upon his signing of the inventory list submitted by the rental company. From this point on, all objections by the client regarding the equipment and seaworthiness are irrelevant. |
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If during a previous charter, certain parts of the equipment were damaged or lost and their replacement cannot be immediately carried out, the client is allowed to withdraw from the contract or demand a discount to the charter price, provided that the vessel was limited in its seaworthiness. |
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Upon takeover, it is the skipper's responsibility to get thoroughly acquainted with the boat, the equipment, instruments, their functioning and the necessary maintenance works required during the charter period. |
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The client is not entitled to any compensation from defects or damages, which occur during the voyage upon the takeover of the boat and which partially or entirely prevent a further charter, if the defect or damage results from force majeure (wind, weather conditions, sea conditions, thunderbolt, etc) or from third parties. The client is entitled to a reimbursement of a proportional share of the charter fee for the days, where he was unable to use the boat, provided that the defect or damage are a result of deficiencies on the hull, in the drive and steering mechanisms or in the engine that remained undetected at takeover. All other compensation claims (in particular travel expenses, accommodations, compensations for days lost and ruined holiday etc.) are irrelevant. |
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The client shall undertake to return the boat to the charter company at the agreed time and place. If the client is up to 12 hours late, he shall pay an indemnification for each started hour after the due time in the amount of 4% of the weekly charter cost plus all expenses that arise because of the delay (transport and compensation for the next charterers etc). |
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Weather conditions do not justify delays. The client must follow the weather conditions and sail accordingly. The client has to be less than 30 nautical miles away from his home marina within 24 hours of the end of his charter period (in the case of unfavourable weather the client has to sail as close to the marina as it takes to return the boat in due time). If the client is forced to remain in another port, it is considered his duty to protect the boat until it is handed over to the charter company and settle any expenses (travel, transport, fuel, etc) arising from bringing the boat back to its home marina. The boat is deemed handed over when the caution money is refunded and the corresponding records are made. The handing over of a correctly lead ship's log is compulsory. |
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The boat is taken over by the client with a full fuel tank, clean, tidy, serviced and in a faultless navigational condition. The client shall return it in the same state. |
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Damages and lost items occurred during the charter period, including force majeure conditions, shall be calculated and the compensation costs shall be subtracted from the caution money. |
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If the charter company suspects that the bottom of the yacht has been damaged, the yacht may be lifted from the water and inspected at the expense of the client. |
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| Caution money |
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The caution money is deposited at takeover – via credit card. If there is no damage and no compensation liability, the caution money is refunded to the client in full within 8 days after returning the boat in perfect condition. The caution money shall also be deposited upon takeover of the boat including a skipper. |
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Lost or damaged items from the boat or parts of its equipment are charged to the client in the amount that is equal to the cost of their replacement or repair, including transportation costs, organisational costs etc and the costs of possible cancellation of the yacht’s further rental. Spare parts and equipment are evaluated according to current catalogue prices. Furrows, bruises etc are charged by the square centimetre, for an unrefilled fuel tank the client is charged an additional 10% for the related costs to the fuel price. The damage is determined at the boat's return. If the costs cannot be established immediately, a corresponding part or the entire caution money is detained until the bills for the repair and delivery are settled. If an insurance company covers the damage or losses, we shall subtract all expenses not covered by the insurance company from the caution money (telephone, fax, telegram, travel costs, minutes, supervision, organisation etc). |
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It is the client's duty to daily check all devices aboard and to eliminate possible failures before sailing on and notify the rental company thereof. The client shall pay special attention to the appropriate oil levels in the engine and its cooling system. |
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Damages occurring on the engine due to its overheating or insufficient lubrication are not covered by insurance and will therefore be charged to the client. |
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| Insurance |
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The boat is covered by thirdparty insurance. The comprehensive insurance covers at one's own participation (caution money) damages caused by force majeure, sinking, thunderbolts, fire etc.
The insurance policy is arranged for the client as if he were the actual owner. During the charter period, the client and his crew assume the same responsibilities as the actual owner, and must therefore in case of damage or danger of damage act in the same responsible manner. Generally, the skipper, the crew and their personal belongings are not covered by insurance, thus special insurance is recommended. The client is also liable if sailing in officially prohibited areas and for anchoring and landing in ports and harbours designated as unsafe. |
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| Boat charter including skipper |
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Chartering a boat together with a skipper limits the skipper's responsibilities to piloting and sailing the boat. During sailing, the client and the crew must unconditionally comply with the skipper's commands. Non-compliance with the skipper's orders can result (to the skipper's discretion) in cancellation of the contract. The skipper has no right to claim compensations and payments and at the same time is not obliged to provide any other services (e.g. cooking, shopping etc) for the client. |
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is it allowed to take pets (dogs, cats, birds etc.) on board. |
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In justifiable cases, if the client's sailing and navigational skills are doubtful, the charter company may test the client’s practical and theoretical knowledge. If it is established that the client does not possess the required skills, a skipper is provided at additional payment or the charter company withdraws from the contract and keeps 70% of the settled charter fee. The client settles the expenses for the appointed skipper. Furthermore, he must provide the skipper with three daily meals and beverage. |
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The client addresses possible compensation claims in writing by registered letter to the rental company no more than 8 days after the finished charter period. All claims have to be entered in the handover records at the returning of the boat by the person, who accepted the boat from the client in behalf of the charter company. All facts must be recorded in the ship's log. Compensation claims are limited to 80% of the settled charter fee and must comply with the provisions of this contract and other regulations, which are subject to the laws of the Republic of Slovenia. |
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Comments and remarks shall take effect solely in writing. The charter company and client shall endeavour to find a common solution in all disputes.
The Charter Contract shall enter into effect as of the day of being signed by the charterer and upon his 40% advance payment.
The competent authority for settling disputes is the court in Ljubljana. |
