Bahia Gloria

Vom Charterunternehmen verfasst, im Originalwortlaut und in dessen Sprache. navi-gate ist daran nicht Partei.

# General Terms and Conditions (GTC) for Motor Yacht Chartering ## Pecaver Yachting **Website:** [https://pecaver.eu](https://pecaver.eu) ## 1. Subject Matter and Contracting Parties 1.1 These General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between Pecaver Yachting (hereinafter "Charter Company") and the customer (hereinafter "Charterer") regarding the chartering of motor yachts. 1.2 The Charter Company provides the Charterer with a motor yacht for use during the period specified in the charter contract and under the conditions set forth in these GTC. 1.3 The charter contract is concluded upon written confirmation by the Charter Company after the Charterer has submitted a booking request and this has been confirmed by the Charter Company. 1.4 These GTC are an integral part of the charter contract. By booking, the Charterer accepts these GTC. ## 2. Charter Price and Payment Terms 2.1 **Charter Price:** The charter price includes the use of the yacht with the contractually agreed equipment, its natural wear and tear, the support of the Charterer, as well as general taxes, duties, and fees applicable to the yacht during the charter period at the starting and destination berths, and the proportional costs for the yacht's liability and hull insurance. 2.2 **Not included in the charter price** are: - Fees for navigating waters, areas, or ports - Berth fees outside the starting or destination berth - Fees for check-in or check-out procedures - Costs for operating supplies such as diesel fuel or gasoline - Costs for final cleaning, gas, gasoline for outboard engines, bed linen, and towels, unless explicitly stated as included in the charter contract 2.3 **Payment Terms:** - Upon conclusion of the contract, a deposit of 30% of the charter price is due. - The remaining payment of 70% of the charter price is due no later than 4 weeks before the start of the charter. - For short-notice bookings (less than 4 weeks before the start of the charter), the entire charter price is due immediately. - All payments must be made by bank transfer. 2.4 **Security Deposit:** When taking over the yacht, the Charterer must provide a security deposit as specified in the charter contract. The deposit serves to cover any potential damages and will be refunded upon return of the yacht in proper condition. The deposit can be provided by credit card or bank transfer. ## 3. Cancellation and Rebooking 3.1 **Cancellation by the Charterer:** - For cancellations up to 42 days before the start of the charter: Loss of the deposit - For cancellations within the last 42 days before the start of the charter: 100% of the charter price - If the Charterer provides a replacement charterer, an administrative fee of 10% of the charter price will be charged. - No cancellation fees will be charged for services that are also canceled due to the cancellation of the charter (such as cleaning, security deposit compensation, bed linen, special equipment). 3.2 **Rebooking:** A rebooking to another period is only possible with the express consent of the Charter Company and may involve additional costs. 3.3 **Charter Cancellation Insurance:** The conclusion of charter cancellation insurance is expressly recommended and should be arranged at the time of contract conclusion. 3.4 **Cancellation by the Charter Company:** If the Charter Company cannot provide the yacht, it has the right to provide an equivalent replacement yacht. If this is not possible, the Charterer may withdraw from the contract. In this case, all payments made will be refunded. There are no further claims. ## 4. Obligations of the Charter Company 4.1 The Charter Company undertakes: - To provide the charter yacht, including all equipment, at the agreed time after full payment of the charter price, in a seaworthy, orderly, age-appropriate maintenance and technical condition. - To ensure that all prescribed maintenance intervals have been observed and cover the entire charter period. - To provide the Charterer with the ship's papers required for the sailing area. - To be available to the Charterer by telephone or radio at least during normal office hours in case of problems during the charter period. - To provide a replacement, if possible, in case of failure or limitation of the yacht. - To instruct the Charterer in the handling of the yacht and its systems. ## 5. Obligations of the Charterer 5.1 The Charterer undertakes: - To name all crew members before the start of the charter according to the Charter Company's requirements (creating a crew list). - To have the yacht ready for check-out at the agreed return location 1-2 hours before the agreed time. - Not to extend the agreed charter period without coordination with the Charter Company. - To keep the yacht within sufficient proximity to the return port during the last 24 hours before the end of the charter to ensure timely arrival even in adverse conditions (bad weather). Weather conditions do not affect the obligation to return on time unless there is a case of unforeseeable force majeure. - To notify the Charter Company immediately if the trip must be ended at a location other than the agreed return location. - To treat the yacht and its equipment with care and to navigate according to the rules of good seamanship. - To observe the legal regulations of the host country and to register and deregister with the harbor master. - To maintain a simple logbook, particularly making entries regarding weather conditions, damage to the yacht, and unusual occurrences. - To report groundings and collisions immediately and to inform the Charter Company immediately in case of damage to the ship or equipment. - To inform the Charter Company immediately in case of damage, collisions, accidents, or other unusual occurrences and to act according to its instructions. - To prepare a protocol in case of an accident and have it confirmed by the harbor master, doctor, expert, or other suitable person. - In case of accident or breakdown, to always have the yacht towed with its own line and not to make any agreements regarding towing or salvage costs. ## 6. Handover and Return of the Yacht 6.1 **Handover:** - The handover of the yacht takes place at the time agreed in the charter contract. - The Charterer receives instruction in the yacht and its systems. - The Charterer checks the yacht and its equipment against the inventory list and confirms the proper condition of the yacht with their signature. - Fuel canisters and reserve canisters for the outboard engine are not handed over filled. - After the functional check of the sewage tank during check-in, no complaints for clogged sewage tanks during the charter or at check-out will be accepted. 6.2 **Return:** - The return of the yacht takes place at the time agreed in the charter contract. - The yacht must be returned with a full fuel tank. Fuel canisters and outboard engine canisters do not need to be returned filled. - The yacht must be returned in a swept-clean condition. The final cleaning is carried out by the Charter Company. - In case of late return, the Charterer is liable for all resulting consequential costs, especially if this affects the subsequent charter. - Upon return of the yacht, a protocol is prepared documenting any defects or damages. ## 7. Usage Restrictions 7.1 The yacht may only be used in the agreed sailing area. Leaving the sailing area requires prior written consent from the Charter Company. 7.2 The yacht may only be used for recreational purposes, particularly not for commercial purposes or for transporting persons for a fee. 7.3 Participation in regattas requires prior written consent from the Charter Company. 7.4 Subleasing or transfer of the yacht to third parties is not permitted. 7.5 The transport of dangerous goods or substances is prohibited. 7.6 Bringing pets is only permitted with prior written consent from the Charter Company. 7.7 Night sailing is only permitted with the express permission of the Charter Company. 7.8 The Charterer must seek a sheltering harbor in case of strong winds (from wind force 6 Bft). 7.9 Smoking is not permitted in the cabins and rooms of the yacht, except on the outer deck and upper deck. ## 8. Liability of the Charterer 8.1 The Charterer is liable for all damages to the yacht and its equipment caused by them or their crew, as well as for the loss of equipment items, up to the amount of the security deposit. 8.2 In case of intentional or grossly negligent damage, the Charterer's liability may exceed the security deposit, especially if the insurance is not liable due to their behavior. 8.3 The Charterer is not liable for depreciation due to ordinary wear and tear. 8.4 For actions and omissions of the Charterer for which the Charter Company is held liable by third parties, the Charterer shall indemnify the Charter Company against all private and criminal law consequences, including all costs of legal prosecution domestically and abroad. 8.5 The Charterer uses the yacht at their own responsibility. ## 9. Liability of the Charter Company 9.1 The Charter Company is liable for the seaworthiness of the yacht and its suitability for the agreed use. 9.2 The Charter Company is not liable for damages caused by inaccuracies, changes, or errors in the provided nautical auxiliary material such as sea charts, manuals, compass, radio direction finder, etc. 9.3 Claims by the Charterer due to non-usability of the yacht because of damage or total loss caused by the Charterer or a third party during the charter period are excluded. 9.4 If the Charter Company cannot provide the yacht at the agreed time, the Charterer has the right to a proportional refund of the charter price for the downtime or to the provision of an equivalent replacement yacht. 9.5 The liability of the Charter Company for damages due to delay (culpable late provision of the boat) or impossibility for which it is responsible is limited to €250. Remote consequential damages are also excluded. ## 10. Insurance 10.1 The yacht is covered by liability and hull insurance. The insurance conditions are an integral part of these GTC. 10.2 The deductible per claim corresponds to the amount of the security deposit and is to be borne by the Charterer. 10.3 The insurance does not cover damages caused by intentional or grossly negligent behavior of the Charterer or their crew. 10.4 The conclusion of extended skipper liability insurance and security deposit insurance is recommended. ## 11. GPS Tracking and Data Protection 11.1 The Charterer agrees that the ship's location and ship data may be recorded by electronic systems ("tracking") and transmitted to the base, the Charter Company, and, in case of damage, to the insurer. 11.2 Otherwise, the data protection provisions of the Charter Company apply. ## 12. Special Notes 12.1 **Use of the Plotter:** The use of the plotter serves merely as a navigational aid. Navigation must fundamentally be carried out using the sea charts on board. Misconduct can have liability consequences for the responsible ship's captain. 12.2 The Charterer must immediately inform the base of any damage or problems and follow their instructions. If they fail to do so, the Charterer has no claims against the Charter Company or against the yacht's insurance. ## 13. Final Provisions 13.1 **Applicable Law:** The charter takes place according to the legal regulations existing in the charter sailing area. 13.2 **Verbal Agreements:** Verbal agreements or side agreements are only effective for both parties after written confirmation. 13.3 **Severability Clause:** Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a provision shall be deemed agreed that comes closest economically to the purpose intended by the parties. The same applies in the case of a contractual gap. 13.4 **Jurisdiction:** The place of jurisdiction for all disputes arising from this contract is the registered office of the Charter Company, insofar as this is legally permissible. --- Version: April 2025