Lucky Rain

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

1) CHARTER PERIOD: 1.1. The charter period starts with the delivery of the yacht to the Tenant by SAIL2ENJOY at the marina, date and time specified above; it ends without any notice when the yacht is returned by the Tenant to the return marina at the time of return. The extension of the charter period is subject to the written approval of SAIL2ENJOY. 1.2. The Tenant is obliged to be at most 20 nautical miles away from the return marina with the yacht 24 hours before the end of the charter period. 1.3. If the Tenant fails to return the yacht on the date and time specified in the agreement, the Tenant shall pay double the daily amount of the charter fee for each 1-24 hours of delay as a penalty. In addition, due to this delay, the Tenant agrees and undertakes to cover all damages and expenses (accommodation, meals, unfavourable difference due to another yacht to be rented instead of the yacht, expenses paid for the days that could not go out, etc.) of the SAIL2ENJOY and the subsequent tenant that will arise in subsequent bookings. 1.4. If the Tenant fails to return the yacht to the return marina at the time of return, the Tenant bears all costs necessary for the return of the yacht. In this case, in case of damage, the provisions on damage shall apply. In such cases, the Tenant is obliged to have sufficient number of qualified and licensed crew on board to take care of the yacht until SAIL2ENJOY takes delivery of the yacht. The Tenant is responsible for the yacht during this period. 2) CHARTER SECURITY DEPOSIT: 2.1. The Tenant shall pay the charter deposit (security deposit) to SAIL2ENJOY in cash or by credit card blocking (pre- authorisation) method during the yacht delivery procedures. 2.2. In case the yacht is returned to SAIL2ENJOY complete and undamaged at the end of the charter period, the charter deposit shall be returned to the Tenant. 2.3. In case of any loss and/or damage related to the yacht and not covered by the insurance specified in the relevant article of this agreement, SAIL2ENJOY has the right to deduct from the charter security deposit at the rate of such damage and/or loss. In case the damage and/or loss exceeds the security deposit, the excess amount shall be compensated separately by the Tenant. 2.4. In the event that SAIL2ENJOY becomes aware of the damage and/or loss after the return of the security deposit to the Tenant, the amount of such damage and/or loss shall be immediately compensated by the Tenant upon the notification of SAIL2ENJOY. 2.5. The security deposit may be set off against any damage, loss and/or unpaid charter fee given to the yacht during the charter period and any and all debts of the Tenant arising or to arise from any cause whatsoever. 3) YACHT DELIVERY CONDITIONS: 3.1. SAIL2ENJOY is obliged to deliver the yacht to the Tenant at the time of delivery at the delivery marina with a full fuel tank, clean and in a condition suitable for cruising (charter). 3.2. By taking delivery of the yacht, the Tenant is deemed to have accepted that the yacht complies with the terms of the the inventory list. agreement, its equipments are fully functioning, all documents are complete, the yacht is seaworthy and complies with 3.3. The delivery of the yacht (such as introduction of the yacht, showing and counting the inventory, checking the operation of the equipment, providing information about the region and weather conditions) will take a certain period of time. The loss of time arising from the prolongation of these procedures, which start at the time specified in the agreement, cannot be recourse by the Tenant to SAIL2ENJOY and the Tenant cannot claim that there is a delay due to this. 4) YACHT RETURN CONDITIONS: 4.1. At the end of the charter period, the Tenant is obliged to return the yacht to SAIL2ENJOY at the time and marina specified in Article 3 of the agreement. 4.2. The Tenant is obliged to return the yacht complete, undamaged, fuel tank full, holding tanks completely empty and as delivered. 4.3. Any loss and/or damage to the yacht must be immediately notified to SAIL2ENJOY by the Tenant. The Tenant shall be liable for any damage and/or loss not reported by the Tenant to SAIL2ENJOY even after the return of the security deposit. 4.4. If the fuel tank of the yacht is not full at the end of the charter period, the Tenant is obliged to pay to SAIL2ENJOY the cost of the fuel required for refuelling and the refuelling service fee of 100 EUR (one hundred Euros). 4.5. If at the end of the charter period any of the yacht's holding tanks is not completely empty, the Tenant is obliged to pay the SAIL2ENJOY a holding tank emptying service fee of EUR 100 (one hundred Euros). 5) INSURANCE 5.1. SAIL2ENJOY guarantees that the yacht is insured for the duration of the charter period and includes liability insurance. The insurance terms are an integral part of this agreement. 5.2. However, since the insurances apply a deductible for damages and losses up to the amount of the security deposit, this amount shall be paid by the Tenant to SAIL2ENJOY in the event of damage and loss. 5.3. Personal belongings, lost equipment and belongings, SUP, canoe, gennaker, dinghy and outboard are not covered by” the insurance. All damages &or losses concerning equipments and belongings shall be paid by the Tenant. 5.4. In the event of any damage and loss to the yacht covered by the insurance, the security deposit shall not be returned to the Tenant until the insurance company makes payment to SAIL2ENJOY. 5.5. The Tenant is responsible for any damage and loss that may occur on the yacht that is not covered by the insurance. In case of any kind of damage and loss occurring on the yacht, the Tenant shall fully and immediately compensate the loss of SAIL2ENJOY. Provided that; even if the insurance company pays SAIL2ENJOY for this damage, SAIL2ENJOY shall refund to the Tenant as much as the amount given by the insurance. The responsibility of the Tenant is in the nature of hazard liability and even if the Tenant proves that he/she has no fault, he/she is obliged to cover all kinds of damages of SAIL2ENJOY with the charter price. 5.6. The skipper's being under the influence of alcohol is a reason for the insurance company's refusal of payment in case under the influence of alcohol. of possible accident/crash during sailing. The skipper undertakes not to navigate and manoeuvre with the yacht while 6) YACHT EXCURSION, ALLOCATION, CRUISING AREA: The cruising/allocation/navigation area of the yacht chartered to the Tenant by SAIL2ENJOY pursuant to this agreement is Turkish territorial waters and is exclusive to the on-shore extending from Antalya to Izmir/Çeşme. This area can only be left with the written approval of SAIL2ENJOY before the beginning of the charter period and the exit procedures to be carried out in accordance with the relevant legislation. The Tenant shall be liable to pay to SAIL2ENJOY all expenses, payments, penalties, possible damages such as confiscation that may occur if the he/she leaves the designated area. 7) COMPETENCY AND QUALIFICATION: 7.1 By signing this agreement, the Tenant hereby confirms that he/she has the necessary official qualification documents, seamanship and steering knowledge, experience and authorisation to operate the yacht in open seas. In the event that the qualifications. Tenant does not possess such qualifications, the Tenant and/or SAIL2ENJOY shall provide a skipper who possesses such qualifications. 7.2. The Tenant must have a skipper licence or certificate, other necessary documents and experience to operate the yacht. The Tenant confirms that he/she has these qualifications. If false information is declared, the declarant will be held responsible. If the Tenant and the skipper are not the same person, they are jointly and severally liable for this agreement. Even if the skipper's signature is not included in this agreement, the skipper's responsibility continues. 7.3. The SAIL2ENJOY has the right to test the experience and knowledge of the skipper within the framework of its own rules. If the SAIL2ENJOY evaluates the skipper unsatisfactory, it may, at its discretion, assign an assistant or another skipper. In this case, the obligation to pay the assigned assistant or skipper for his/her services belongs to the Tenant. Until an assistant or other skipper is found, the yacht will be used in a marina moored manner. 8) OFFICIAL PROCEDURES 8.1. The Tenant is obliged to notify SAIL2ENJOY with a list of the names, surnames, addresses, date of birth and identification numbers (or passport numbers) of the persons who will be on board the yacht during the charter period, at the latest 7 (seven) days before the start of the charter period, following the signing of this agreement. 8.2. Except for the persons in the Transit Log to be taken from the Port Authority according to the skipper, crew and passengers list specified at the beginning of the voyage, no one else can be on the yacht and those who are present cannot leave the yacht. In case of any change in the persons, the Transit Log must be prepared again from the Port Authority. Otherwise, a fine may be imposed and the yacht may be banned from navigation due to an irregular situation determined during the Coast Guard's controls. 8.3. SAIL2ENJOY shall collect from the Tenant all kinds of penalties and ban costs that may arise from the official authorities due to the mis-use of the Tenant. 8.4. The boat documents are delivered to the Tenant in complete; at the end of the cruise, the Tenant is obliged to return them to SAIL2ENJOY in the same way. The Tenant is responsible for any penal action that may occur in case of loss of the documents. 9) OBLIGATIONS OF THE TENANT: 9.1. The Tenant has an obligation to use the yacht and yacht equipment with a sense of responsibility and in a seafaring manner. The Tenant is obliged to use the yacht cleanly, in accordance with maritime rules and the yacht's characteristics during the charter period. 9.2. The Tenant accepts, declares and undertakes that he/she rents the yacht only for charter purposes. The Tenant may not use the yacht for other than holiday purposes, and may not enter into any claims and regattas/boat races with the yacht without the knowledge and written approval of SAIL2ENJOY. 9.3. The Tenant may not use the yacht for commercial purposes and may not transport persons and goods for fiscal or anyother benefit. 9.4. The Tenant cannot leave, deliver or abandon the yacht to third parties. 9.5. Goods and/or goods subject to customs declaration cannot be carried on the yacht. 9.6. The Tenant cannot bring animals on the yacht, cannot keep illegal items and substances on the yacht, cannot carry dangerous cargo. 9.7. It is the responsibility of the Tenant to carry out the entry and exit procedures at the Port Authorities, to carry out the entry and exit procedures in accordance with the laws, and to comply with the laws of the countries of stay or transit. 9.8. Particular care should be taken during night cruises. The boat journal should be kept carefully and kept on board the yacht. Night cruises should not be made unless there are urgent and compulsory reasons. And also SAIL2ENJOY shall be informed before Night Cruise executed. 9.9. During the charter period, routine maintenance of the yacht (engine oil, separate filter, belt, impeller, etc.) and controls are the responsibility of the Tenant and should not be disrupted. 9.10. It is strictly forbidden to smoke cigarettes and tobacco products in the interiors of the yacht. You are kindly requested to act sensitively in this regard. Smoking is allowed on deck; however, caution should be exercised in windy weather and utmost care should be taken to avoid any undesirable situation. 9.11. Toilet paper must be thrown into the waste basket. No other materials should be thrown into the toilet. Throwing paper and other materials into the toilet will cause the toilet to malfunction immediately. In this case, the costs incurred by SAIL2ENJOY for the elimination of the malfunction will be charged to the Tenant. 9.12. When the hob/oven is not in use, the valve on the gas cylinder should be closed against possible gas leaks. 9.13. Dinghy, outboard, water sports equipment and VHF radio should not be used without the knowledge of the skipper. In case of possible accidents, the addressee and official responsible is the skipper. 9.14. The Tenant may not barbecue anywhere on the yacht. 9.15. Towing of another vessel should only be undertaken in an emergency and when there is no other possibility of rescue. 9.16. In case of damages to the yacht or persons, the Tenant shall ensure that the relevant minutes are kept and that these minutes are certified by official institutions (coast guard, harbour authority, doctor, etc.). The Tenant shall ensure that any damage to the yacht or any person on board or related to the yacht. It is the basic duty of the Tenant to prepare an official report and notify the SAIL2ENJOY immediately in case of any injuries to the persons involved in the accident. 9.17. The Tenant is obliged to notify SAIL2ENJOY immediately in case of major damages, previously known delays, losses, loss of manoeuvrability, seizure, obstruction by the authorities or external intervention. The Tenant is obliged to take all necessary measures to minimise the damage and prevent the damage from increasing. In cases where towing is unavoidable, the yacht's own rope must be used in order to reduce the cost of salvage. If the seizure or obstruction of the yacht is caused by the fault or negligence of the Tenant, the Tenant shall bear all the consequences and the Tenant shall be liable to SAIL2ENJOY. In this case, SAIL2ENJOY reserves the right to any compensation for the damage in question. 10) RIGHTS AND OBLIGATIONS OF SAIL2ENJOY: 10.1. SAIL2ENJOY undertakes to deliver the yacht to the Tenant at the marina, date and time specified in this agreement in a condition suitable for charter, clean, with full inventory, seaworthy, fit for navigation, with full fuel and water tanks, and with completely empty holding tanks. SAIL2ENJOY fulfils its quality service obligations for the services and services it will provide; performs all transactions from booking to delivery and return in accordance with this agreement and the laws of the Republic of Turkey. 10.2. If the service to be provided is delayed or not realised due to any reason not caused by SAIL2ENJOY (such as weather opposition, delay or non-arrival of the Tenant due to reasons such as illness and delay in means of transport, failure or delay in official procedures due to the failure of the Tenant to make the notifications required to be made in advance in time), SAIL2ENJOY cannot be held responsible for the delayed or unrealised service in any way. 10.3. If the delivery of the yacht ready for charter, which is the responsibility of SAIL2ENJOY, is not realised, delivery may be made despite the deficiencies with the approval of the Tenant. Or, if a malfunction occurs on the yacht that affects the navigation and the Tenant refrains from taking delivery of the yacht for this reason, the Tenant is obliged to give SAIL2ENJOY 24 hours intervention time to eliminate the malfunction and to take delivery of the yacht after SAIL2ENJOY eliminates the deficiency or malfunction within 24 hours. If the defects or deficiencies cannot be eliminated within 24 hours, another yacht equivalent or superior to the yacht shall be provided to the Tenant. If this is also not realised and it takes more than 24 hours to remedy the defect/deficiency, the Tenant may exercise one of the following optional rights; - The Tenant may take delivery of the yacht with a delay by waiting for the malfunction/deficiency to be eliminated and if the next booking of the yacht is available, the lost days will be added to the charter period with the consent of the Tenant. If the next booking of the yacht is not available or the Tenant does not want the lost days to be added to the charter period, the charter fee calculated for the lost days will be refunded to the Tenant. charter fee shall be returned to the Tenant. - The Tenant may request the termination of this agreement by not taking delivery of the yacht. In this case, the entire 10.4. After the delivery of the yacht to the Tenant, in the event of a malfunction of the yacht affecting the navigation during the voyage, the Tenant shall immediately notify SAIL2ENJOY of the situation. SAIL2ENJOY shall intervene the yacht to eliminate the malfunction within 24 hours from the time of receipt of the malfunction notification. In the event that the malfunction cannot be repaired in the first 24 hours and is expected to last longer, SAIL2ENJOY shall provide the Tenant with another yacht equivalent or superior to the yacht. In the event that another yacht cannot be provided, the charter fee corresponding to the period until the failure is eliminated, except for the first 24 hours, shall be returned to the Tenant. However, if the breakdown and damage is caused by the defective use of the Tenant, no refund will be made to the Tenant for the lost another yacht. days, and the Tenant is also obliged to pay the unfavourable differences to be incurred by SAIL2ENJOY due to the provision of 10.5. Due to the occurrence of malfunctions and damages affecting the navigation of the yacht, the Tenant accepts, fee corresponding to the lost days as explained above. declares and undertakes that he/she cannot claim any other fee and/or compensation other than the refund of the charter 10.6. SAIL2ENJOY reserves the right not to allow the Tenant, the skipper and/or passengers to board the yacht in whole or in part during the delivery of the yacht, in case of any doubt and at any time, without giving any reason whatsoever. 10.7. The Tenant may keep the yacht at the marina to which it is moored as long as it wishes during the charter period which the Tenant receives service. without paying any mooring fee. However, the Tenant is obliged to pay the fees of other marinas, piers and docks from 11) CANCELLATION-WITHDRAWAL FROM THE CHARTER AGREEMENT: 11.1. The Tenant has the right to unilaterally terminate this agreement by notifying SAIL2ENJOY at least 45 days before the beginning of the charter period. In this case, 50% of the charter fee shall be paid to SAIL2ENJOY. 11.2. In case of unilateral termination made by the Tenant 45 days or less before the charter period, the Tenant must pay the entire charter fee. 11.3. In the event that SAIL2ENJOY has kept the yacht ready for charter and use, but the Tenant cannot use the yacht due to its own fault or a force majeure event or uses the yacht to a limited extent, the Tenant is obliged to pay the entire charter fee. 11.4. In the event of a pandemic, if the disease is reported in the reservations made during the pandemic, or if the official authorities do not allow the yacht to sail or a travel ban is imposed, the paid charter will be transferred to a later time agreed by the parties, if requested.