Skalpel 2

Written by the charter company, in its own words and language. navi-gate is not a party to them.

Terms of the Charter Agreement The Charterer has stated that he read the contract, understood the nautical terminology used therein and their meaning or got explained and agrees with the tuned to the peculiarities of the yacht charters and yacht sport conditions. § 1 [Subject matter] The subject of the lease is a yacht Oceanis 51.1, named Skalpel 2, registration number POL000LVG, hereinafter referred to as the Yacht. § 2 [Duration of the agreement] This agreement is signed for a fixed period of time, starting on ... and will remain in force until ... § 3 [Place and purpose of the lease] The Yacht will be chartered from Marina di Cagliari, Sardinia. The Charterer declares that during the charter period he will use the Yacht only for tourist purposes and only within the area of the Sardinian Sea and the Tyrrhenian Sea. § 4 [Payment] 1. The charter price shall be paid in three installments as follows: the first installment of 30% is due within 7 days of the booking confirmation, the second installment of 20% is due within 30 days of the booking confirmation, the balance of 50% is to be paid no later than 30 days before the commencement of the charter. All payments must be received by the provider before the respective deadlines indicated above 2. To guarantee the availability of the Yacht, all payments must be received by the dates specified on the proforma invoice. If payment is significantly delayed, the Charter Company may no longer be able to hold the reservation and reserves the right to invalidate the Booking Confirmation. Before releasing the dates back to the market, we will make reasonable efforts to contact the agent or client. However, the Charter Operator cannot be held responsible for any losses arising from a cancellation due to unpaid balances. 3. To ensure a smooth check-in, the full charter price must be cleared in the Owner’s bank account no later than the deadlines specified in § 4.1. If the booking was made through an intermediary agency (broker), the Charterer is responsible for ensuring that all funds are transferred to the Owner on time. In the event that the final balance (50%) is not credited to the Owner's account at least 5 days before the charter commencement, the Charterer must provide a valid bank transfer confirmation. If the payment cannot be verified by the time of arrival, the Owner reserves the right to request a security payment at the base before handing over the Yacht. Any resulting overpayments will be fully refunded to the Charterer’s bank account within 7 business days of clarifying the status with the broker. Any additional bank fees for such transfers shall be borne by the Charterer. 4. In order to secure the claims of the Owner which may arise from the hire of the Yacht, and in particular the costs associated with any technical faults and equipment shortages, the Charterer shall pay a deposit of € 3,000 on receipt of the Yacht. The above amount must be paid at the base as a deposit before the start of the charter (in cash or by bank transfer). If the Yacht is returned undamaged, the deposit will be refunded in full on return to the base. 5. A fixed service fee of €200 per toilet will be charged from the deposit if returned blocked due to misuse (e.g., disposal of hygiene products or excess paper). 6. The charter price does not include the obligatory Transit Log fee of € 400.00, payable in cash at the base. This fee covers: final cleaning of the Yacht, bed linen, a set of towels for each crew member, and the initial gas bottle. Other costs not included in the charter price are: mooring fees in ports other than Marina di Cagliari, fuel, additional gas, water refills, and any other expenses necessary for the proper operation of the Yacht. Arrival and accommodation on site are not part of the contract and must therefore be organised by the Charterer. Optional extras, such as an outboard engine for the dinghy, are available upon request for an additional fee. 7. Damage through gross negligence, intention and damage which is caused by the Charterer and is not covered by insurance, are to be borne by the Charterer. This also applies to consequential damage. 8. If the Charterer is unable to accept the charter or refuses to take over the Yacht upon arrival for any reason other than a major technical defect affecting seaworthiness (as defined in § 9), the following cancellation fees shall apply based on the date of receipt of the written cancellation notice: up to 60 days before the commencement of the charter: 30% of the total charter price; between 59 and 30 days before the commencement of the charter: 50% of the total charter price; less than 30 days before the commencement of the charter, or in case of refusal on the date of delivery: 100% of the total charter price. If a replacement charter is concluded at the same terms, the Charterer shall be repaid any monies already paid, less any handling costs which have arisen, but which shall be not less than 30% of the total charter price. The Charterer is strongly advised to take out a charter cancellation insurance. § 5 [Charter company's obligations] 1. The booked Yacht shall be handed over to the Charterer in a clean, seaworthy condition, with a full diesel tank. 2. The Charter Company is obligated to conduct a thorough technical briefing (check-in) with the Charterer, covering the Yacht’s systems, safety equipment, and engine operation. This briefing, along with the inventory list, must be confirmed by the Charterer’s signature. 3. In the case that the booked Yacht cannot be handed over on the date agreed in the charter agreement, (i.e. due to damage, unworthiness for sea due to an accident by the previous Charterer etc.) the Charter Company may provide a replacement Yacht of the same value. The Charterer has the right to make warranty claims as long as the replacement Yacht is defective. § 6 [Duties of the agent / agency / broker] 1. Education of the customer in terms of its rights and obligations that may arise with the conclusion of a charter contract. (Note on the terms and conditions of the Charter Company) 2. Proper forwarding the booking to the Charter Company, including the requirements issuing a booking confirmation, the telephone transfer or carried out by means of electronic media dissemination (reservation systems) the accounting data to the tour operator; proper disclosure of information by the tour operator to the customer; the delivery of travel documents at the same time accepting the payment; Forwarding of the correctly completed Crew List of the customer. 3. Representation of the interests of its arranged tour operator’s partner: a travel agent may not make its merchants detrimental or adverse commitments to customers; he must not interfere with the active formulation of a customer complaint. § 7 [The Charterer warrants and undertakes the following:] 1. To provide a copy of passport/ID card and a copy of skipper's licence before the start of the charter. 2. To observe the principles of good seamanship. 3. To possess sufficient experience in the command of a Yacht or to appoint a responsible skipper with such capabilities. The Charterer or the appointed skipper must hold a valid Yacht Coastal Skipper license or a higher equivalent (e.g., RYA Day Skipper/Coastal Skipper, ICC). Additionally, at least one member of the crew must hold a valid SRC (Short Range Certificate) radio operator license. If the Charterer or his skipper does not possess the necessary licenses, the Charter Company reserves the right to refuse to hand over the Yacht, retaining the charter price, or to appoint a skipper in the name of and for the account of the Charterer. 4. To observe the laws of any country he might visit and to report the arrival and departure of the Yacht to the harbour master. 5. Not to use the Yacht for the purposes of business or trade, not to take on board any persons not being a member of his immediate group, not to hand over or hire the Yacht to a third party without the written consent of the Charter Company and not to transport any hazardous goods or materials. There must not be more people than the allowed number on board. The carriage of animals is permitted only with approval of the Charter Company. Moreover it is prohibited from operating commercial fishing by boat and to participate in races. The Yacht may only be used in emergencies for towing. 6. Not to leave the maritime region of the Charter Company without the prior written consent of the Charter Company. 7. Not to make any changes to the Yacht or its equipment. 8. To handle the Yacht and its equipment with care, to maintain the log book in a simple form, prior to the commencement of charter to inform himself in detail about the area to be travelled, e.g. currents, and sea level changes during strong winds etc. 9. Not to leave the protective harbour if winds over 6 on the Beaufort scale are forecast. Bad weather conditions preventing the Yacht from leaving the harbour do not entitle the Charterer to any refund or price reduction. 10. Leave the Yacht after return: proper, tidy and fully refueled with diesel - otherwise the refueling and stowing equipment will be deducted from the deposit. In case of damage, collision, accident or other unusual events, report immediately (by telephone) to the Charter Company. Any damage to the ship or persons has to be written down countersigned by the harbor-master or doctor. Furthermore, the Charterer shall take all reasonable steps to keep the damage as low as possible and to do everything possible to comply with its duty to mitigate damages. 11. Always to have the Yacht towed by its own line in the event of damage or similar events, and to make no agreement about towing or salvage without previous consent from the Base Manager. 12 To check the condition of the Yacht and check that all its equipment and items listed on the inventory are complete, both on taking over and returning the boat (the check list), and to confirm this by means of a signature. 13. To report complaints concerning the Yacht (e.g. equipment, cleanliness, etc.) without delay to the Yacht’s base and to note these in the delivery or return documents. Claims notified at a later date cannot be accepted. 14. The Charterer shall ensure that the Yacht is returned in time for the agreed date of return. Delays shall be borne by the Charterer. This is especially true in periods of bad weather. The additional costs incurred will be the not complied calculated and deducted from the deposit. § 8 [Repairs, engines and monitoring of the bilges] 1. In the case of damage that can be repaired with material on board or other events during the charter, the captain is required to limit the damage. (Call the base manager before starting the repairs.) Small repairs costing up to € 300 will be reimbursed by the Charter Company. This will be refunded upon return from the Charter Company and presentation of the invoice, if the damage is not due to operator error, incorrect or negligent conduct of the charterer, skipper or crew. Replacement parts must be kept. 2. The Charterer must check the level of the oil, the cooling water and the bilges each day. The Charterer must check the cooling water flow continuously during the charter. Damage due to the motor running dry are not insured under any circumstances, and is for the account of the Charterer. The motor must not be used when heeling under sail at over 10o as in such a case oil or water supplies to the engine do not function. The use of the generator in an inclined position of about 10 degrees of heel is prohibited. 3. For larger damages as well as accidents, possible delay, loss or maneuverability of the Yacht in the Charter Company must be notified immediately. The Charterer has to do everything the reduction of damage and consequential damage is useful as well to give in consultation with the Charter Company required repairs in order to document, monitor, and to enter into submission to the payment. The Charterer has to prepare a damage report and - if a third party and must be reckoned with claims be confirmed by the competent authorities. The Charterer must pay for all costs arising from non-performance of the aforementioned obligations / duties. The Charterer shall in particular to preserve evidence when necessary use governmental assistance (such as the harbor master). § 9 [Cancellation by the Charterer or reduction of the charter price in the event of late delivery or defects] 1. If the Charter Company fails to provide the Yacht, or at least an equivalent replacement Yacht at the time agreed in the charter agreement, the Charterer may withdraw from this charter agreement at the earliest of 24 hours after from the commencement of the charter, and receive full reimbursement of all payments made under this charter agreement. If the charter period is two or more weeks, the minimum time before which the Charterer can withdraw is increased by 24 hours per additional week. 2. All other claims for compensation by the Charterer are excluded, except in the case of intent and gross negligence by the Charter Company. If the Charterer does not withdraw from the charter agreement, he may claim for reimbursement of the charter price proportional to the amount of time for which the Charter Company failed to hand over the Yacht. 3. Damage to the Yacht and its equipment which does not affect its sea-worthiness and which allows the Yacht to continue to be used in a reasonable manner shall not be grounds for withdrawal. A reduction in the charter price in such a case is also excluded. 4. Failures or incorrect readings of measuring instruments or other equipment then do not entitle possible to a non-commencement or termination of the charter or financial claims when a correct navigation according to conventional navigation methods (such as position-fixing by DF method, dead reckoning, etc.) and good seamanship and the safety of the Yacht and crew is not at risk. § 10 [Charter Company’s liability] 1. The Charter Company shall only be liable towards the Charterer and his crew for loss or damage arising from intent or gross negligence on the part of the Charter Company up to the amount of the contractual charter price. 2. The Charter Company shall not be liable for loss or damage caused by inaccuracies, amendments, mistakes and defects in the ancillary nautical equipment provided, e.g. marine charts, handbooks, compass, radio direction finding equipment etc. 3. Claims by the Charterer due to the inability of the Yacht for use resulting from damage or total loss caused by the Charterer or a third party during the charter shall be excluded. § 11 [Agency’s liability] 1. The agency is only liable as an intermediary for intentional or grossly negligent breach of duty in the performance of its services as an intermediary. § 12 [Charterer’s liability] 1. The Charterer indemnifies the Charter Company against the Charterers actions and failure to act which make the Charter Company liable to third parties, against consequences of all private and criminal prosecution and against all resulting legal costs in the country of delivery and abroad. The Charterer accepts the Yacht at his own risk. 2. If the Charterer leaves the Yacht at any place other than the agreed location for any reason whatsoever, the Charterer shall bear the costs for the return of the Yacht by water or by land. If the return of the Yacht extends beyond the time period of the charter, the Yacht shall be deemed to be returned by the client at the time of its arrival in the agreed harbour. 3. Late return of the Yacht and non-usability of the Yacht caused by the Charterer shall be grounds for claims for compensation by the Charter Company. 4. Attention is drawn to the fact that conclusion of hull insurance by the Charter Company does not mean that the Charterer is not liable for loss or damage not covered by such insurance, or for loss or damage for which the insurance expressly reserved the right of recourse to the Charterer. This applies particularly to damage caused by gross negligence, intent or failure to observe the conditions of the charter agreement, and for any consequential loss or damage. 5. The conditions of the insurance, which we will gladly provide on request are an integral part of this contract. The deductible excess for each loss is to be borne by the Charterer and may differ from the deposit paid. The full deposit will be repaid without delay on the return of the Yacht and equipment without damage. Loss and damage will be set off against the deposit. Loss and damage not covered by the deposit or the insurance shall be paid without delay by the Charterer. 6. Conclusion of an extended “Skipper’s liability insurance” (which covers crew’s liability amongst themselves and recovery of losses to the chartered Yacht in the event of substantiated gross negligence) is strongly advised. The Charter Company and agency will be pleased to send all necessary documentation. § 13 [Final provisions] 1. The charter period may only be extended with the agreement of the Charter Company. If there should be obvious errors in the invoicing of the charter price and the extras, the Charter Company and the Charterer have the right and the obligation to correct the charter price in line with the valid price list. This does not affect the legality of this contract. 2. Oral undertakings and subsidiary agreements are only valid after written confirmation by the Charter Company. This applies also to any waiver of the requirement for written form. All care is taken in the preparation of information, but information is given without guarantee. 3. The invalidity of individual provisions shall not affect the validity of the remaining provisions of the charter agreement. The parties agree to replace invalid provisions by valid provisions most closely approaching the invalid provisions. § 14 [Place of jurisdiction, applicable law] 1. All claims relating to the relationship between Charterer and agency shall be subject to the law applicable to the registered office of the Charter Company. § 15 [Acceptance of terms] By paying the first installment or by confirming the reservation through the Agent, the Charterer accepts all the terms and conditions stated in this Agreement.