Flying Colours

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

SPORT SAILS YACHT CHARTER TERMS u0026 CONDITIONS § 1 Yacht 1. The Parties declare that the rented Yacht is in a very good technical state, is free of any flaws or damages going beyond the effects of regular use, is capable and prepared for use as needed by the Charterer and adequately equipped. 2. The Parties declare that the Yacht is prepared for sports and recreational use on seas, and that it will be allowed to be put to that use for the duration of the Contract. 3. The Parties declare that the Yacht, at the moment of its issue to the Charterer has the necessary and up to date documentation needed for sailing, civil liability insurance and yachtcasco insurance on the area the Yacht is allowed for the use on by the Charterer. The necessary documentation shall constitute part of the equipment of the Yacht. 4. At the moment of the Yacht being handled over by one party to the other, the Charter Company and the Charterer are obliged to confirm the technical state and the equipment of the Yacht in two protocols: issueing protocol at the moment of the Yacht being handled over to the Charterer at the beginning of the rent period, and receival protocol at the moment of the Yacht being handled over to the Charter Company at the end of the rent period. 5. At the moment of the signing of the issueing protocol, the Charterer takes upon himself full material responsibility and liability for the Yacht and its equipment. 6. The Charterer is obliged to return the Yacht in a fully-functional state, cleaned, without equipment shortages, cleared in order and without flaws or damages, confirmation of which state shall be made in the receival protocol. § 2 Obligations of the Parties 1. The Charterer is obliged to maintain the Yacht in a state of usability for the duration of the Contract, at his own expanse or that of the Charterer. 2. In case of a situation where the Charter Company cannot issue the Yacht to the Charterer at the time and place as stated in § 1 subsection 1 letter a. above, for reasons the Charter Company is responsible of, the Charter Company is obliged to provide the Charterer with a replacement yacht, without any change in the price. The above situation does not constitute a violation of the Contract by the Charterer. If a replacement yacht cannot be provided by the Charter Company, the Charterer shall have a part of the price returned to him. 3. The Charter Company is obliged to repair all major flaws and damages the Yacht has suffered without the Charterer fault, upon the call of the Charterer, at a time and place specified by the Charter Company. The Charterer is not entitled to conduct any repairs at his own behalf, and the costs of repairs conducted this way do not burden the Charter Company. If the flaw or damage has been created during the period of the rent, and they are not a result of the regular use of the Yacht, the Charterer is obliged to demonstrate, that their creation was not his fault, at the penalty of the damage or flaw being considered to have been created due to his fault. 4. The costs of minor repairs conducted due to the regular use of the Yacht burden the Charterer. This includes the equipment of the Yacht, together with equipment exhausted during the rent of the Yacht (cleaning supplies, hygiene products, fuel, etc.) 5. The formation or revelation of the Yacht’s flaws during the course of the rent, including flaws the restrict the possibility of using the Yacht does not entitle the Charterer to have the rent lowered for the duration of the flaws nor to terminate the contract. 6. The Charterer is not entitled to perform any changes, repairs or to interfere with structure of the Yacht without permission of the Charter Company. All cases and forms of additional equipment or adapting the Yacht to the individual needs of the Charterer may be the subject of a separate addendum to the contract or be included in the issuing protocol of the Yacht. In the case of the above changes, repairs or interferences being made by the Charterer without the Charter Company’s consent, the Charter Company is entitled to keep them without compensation to the Charterer or have them removed at the expanse of the Charterer. 7. The Charterer is obliged to make use of the Yacht only in a way that will not risk it, the crew or any third parties or their property suffering any damages or harm, in accordance to naval and maritime practices, safety rules and regulations of the country in which the Yacht is utilized by the Charterer and to abide by the good practices of yachting and the safety of the cruise. 8. The Charterer is obliged to cover the costs of losses in the equipment of the Yacht incurred during the rental period. This includes the costs of towing the Yacht. 9. The Charterer is obliged to fill in and present to the Charter Company the manifesto covering the full list of people (crew) that is to make use of the yacht through the period of the rent, at latest 7 days before the day of the start of the rent. The Charterer is entitled to verify the personal IDs of the people that are to make use of the Yacht in order to confirm their identity and their right to enter the Yacht. 10. The Charterer is not entitled to sub-rent or to handle over the use of the Yacht to any third party without clear, written permission granted by the Charter Company. This includes allowing third parties on board that are not a side on the contract or that are not entitled to make use or be present upon the Yacht based on this Contract. § 3 Remuneration, fees and collateral 1. The remuneration for the rent of the Yacht that the Charter Company is entitled to amount from the Yacht Charter Contract for the period of the rent. 2. Remuneration shall be paid by bank transfer, onto the account number presented by the Charter Company. 3. Remuneration does not include the fees imposed for harboring, use of water locks, marinas and other tied with the use of the Yacht by the Charterer, payment of which, if necessary, falls upon the Charterer. 4. Payment of remuneration is considered to be concluded with the day on which the remuneration was accounted for on the account of the Charter Company or on the day of the confirmation of cash being received being signed. 5. Untimely fulfillment of the above payments entitles the Charter Company to terminate the contract. 6. In the case of the Yacht being received back by the Charter Company before the rental period is up, the Charter Company is entitled to the remuneration for the entirety of the rent. 7. In case of the receival protocol referred to in § 5 sec. 2 not being drawn up and signed before the end of the rental period, the Charter Company is entitled to add a with holdment fee to his remuneration for each started 24 hour period of receival delay in the size of 300% of the daily remuneration rate specified in § 3 sec. 1. 8. If the Charterer does not return the Yacht at the time and place as specified in the CONTRACT page 1, the Charter Company is entitled to demand the yacht to be brought by the Charterer to the place designated by him at his expense, and to burden him with all losses incurred by the Charter Company due to the Yacht being unavailable for rent to other people. 9. The Charter Company reserves to himself the right to increase his remuneration referred to in sec. 1 by additional fees, covering the costs of repairs of the Yacht, replacing the missing equipment of the Yacht, resupplying the Yacht, supplying the Yacht with additional equipment requested by the Charterer and others, tied with the necessity of returning the Yacht to its state as at the moment of the issuing of the Yacht. 10. The Charter Company is entitled to demand a collateral installment - via cash or bank transfer – up to 1.500,00 Euros, at the latest until the signing of the issuing protocol of the Yacht. Failure to pay the collateral despite the Charter Company’s demand entitles the Charter Company to terminate the Contract. 11. The Charter Company is entitled to withhold the collateral and account it as part of any demandable claim of the Charter Company towards the Charterer derived from this Contract. In the case of damages to the Yacht caused by the Charterer were covered by insurance, the previously withheld collateral shall be returned to the Charterer in the appropriate part. 12. All damages caused by the Charterer that exceeds insurance coverage and the quantity of the collateral shall be covered by the Charterer. § 4 Period of Rent 1. The Contract is signed for a determined period of time. 2. The Charterer is entitled to use the Yacht from the moment of the issuing protocol being drawn up and signed by both parties, until the day of the receival protocol being drawn up and signed by both parties, but no longer than up until the end of the rent period set in Contract page 1. 3. Should the parties fail to draw up the issuing protocol of the Yacht at the day of the start of the rent, the Charter Company is entitled to terminate the Contract. § 5 Yacht use 1. If the Charterer has declared that he, or another member of his crew is trained and approved for using the Yacht for transportation, or that he holds licenses or other privileges that entitle him to drive sea-faring vessels, the Charterer is obliged to present to the Charter Company documentation proving the above privileges of that person before or during drawing up the issuing protocol of the Yacht. 2. The person trained and approved for using the Yacht for transportation through the duration of the rent, referred to in § 5 sec. 1, is obliged to maintain his privileges, ensuring the safety of the Yacht and the crew, abiding by the rules and regulation of maritime travel and other regulations applying at the area the Yacht is located at, as well as acting and behaving in accordance with the customs of yachting and maritime travel throughout the period of the rent, at the Charterer liability. 3. The Charterer or the person trained and approved for using the Yacht for transportation through the duration of the rent is obligated to inform the Charter Company about any flaws, damages, emergencies, technical problems or other situations that may endanger the crew or the Yacht, without any delay from the moment they were first observed. The Charter Company is not liable for any damages suffered by the Charterer or the Yacht’s crew due to the above, that he was not informed of. This does not stipulate his responsibility in other situations. 4. In case of emergency Charterer shall contact Charter Company: • Alarm contacts: +48 605 165 501 or +48 606 966 788 • E-mail: igor@sporteum.pl; ewa@sporteum.pl 5. In case of an accident or emergency, the Charterer is obliged to draw up a “Accident/Emergency Protocol”, that shall constitute the basis for insurance claims by the Charter Company from the insurance company. If the Charterer fails to fulfill this obligation or if the insurance company fails to reimburse the Charter Company for his claim based on the Accident/Emergency Protocol drawn up by the Charterer, the Charterer shall be liable to cover all damages presented in the protocol. The above holds also towards any flaws of the Yacht. 6. The Charterer is obliged not to use the yacht for towing or racing, with the exception of life-endangering situations and aiding in saving lives. 7. Smoking is prohibited within the Yacht, as is the transportation of animals, prohibited substances, or other objects that may in some way cause a danger to the safety of the Yacht and people. § 6 Penalties 1. In the case of the Charterer failing to pay the agreed upon remuneration, the Charter Company shall be entitled to late charge interests equal to double the standard late charge interests mandates by standing law. 2. In the case of the Charterer using the yacht on seas without the permission of the Charter Company, handing over the Yacht to a third party in any way, the Charterer is liable to a financial penalty equal to 200% of the daily remuneration for rent, for each started day of such an infringement. 3. In the case of the Charterer allowing an unauthorized third party on board of the Yacht without the Charter Company’s permission, the Charter Company shall be entitled to a penalty equal to 20% of the expected remuneration for the Charter Company, as determined in accordance to § 3 sec. 1. 4. In the case of the Yacht being used on sea without the commanding presence of a person trained and approved for using the Yacht, the Charter Company is entitled to charge the Charterer with a penalty equal to 1000 Euro for each such infringement or each started day of such an infringement. 5. In the case of an infringement in the rules regarding the use of the Yacht specified in § 6 sec. 3 and 4 of the Contract, the Charter Company is entitled to charge the Charterer with a penalty equal to 1000 Euro for each such infringement. 6. In the case of a substantial infringement of the rules of the use of the Yacht, especially by using it for criminal purposes (smuggle, piracy, human trafficking, possession of illegal goods, aiding in illegal crossing of borders, etc.) by the Charterer, both purposeful and accidental, the Charter Company shall be entitled to charge the Charterer with a penalty equal to 20.000 Euro for each such infringement or , for each started day of such an infringement. Such an infringement also entitles the Charter Company to terminate the contract with immediate effect, without any financial consequences to the Charter Company, other than retaining all claims of the Charter Company towards the Charterer stipulated by this Contract. § 7 Final stipulations 1. In matters not regulated in this contract, as well as in any disputes between the Charter Company and the Charterer, appropriate laws of Polish law, especially Polish Civil Code and Code of Civil Procedure, shall apply. This includes especially the regulations on seeking compensation by the Charter Company. 2. The appropriate court for settling all disputes between the Charter Company and the Charterer shall be the District Court for Zadar, Croatia. 3. If this Contract has been concluded outside the office of the company or via internet, the Charterer that is a consumer accordingly to article 38 sec. 12 of the Consumer Rights Act of Poland, the Charterer is not entitled to the 14 day term to cancel the contract without any costs. 4. The person entitled to represent the Charter Company in all cases regarding the Contract, especially as the person to contact in emergency situations or regarding contact with the Charter Company is: IGOR STĘPNIAK + 48 605 165 501 5. The Charterer may terminate the Contract through a written form submitted to the Charter Company in accordance to the following terms: a. In the case of the termination being submitted no later than 60 days before the start of the rent, the Charterer shall be entitled to a return of the agree upon remuneration, reduced by a manipulation fee equal to 10 % of the expected remuneration for the Charter Company, as determined in accordance to § 3 sec. 1 of the Contract. b. In the case of the termination being submitted later than 60 days before the start of the rent, c. the Charterer shall not be entitled to any return of remuneration. 6. Any returns shall be conducted within 15 days by bank transfer onto the account from which the payment was made, or another, chosen by the Charterer.