Arke

Rédigées par la société de charter, telles quelles et dans sa langue. navi-gate n'en est pas partie.

CHARTER CONTRACT 1. CHARTER CONDITIONS The charter company is contractually bound to provide the rented yacht in a perfect and ready to sail condition on the date agreed upon. If the charter company is not able to provide the contractually agreed yacht because of unforeseeable reasons (eg. damage resulting from a previous charter), it has the right towards the client to provide a yacht of the same size and amount of berths or to reimburse the charter amount. In this case, the customer will not be able to claim damages. The amount of reimbursement is calculated proportionally based on the number of days on which failure occurred. 2. INSURANCE The charter company is contractually bound to insure the yacht as follows: • by a boat third party insurance • by a boat hull insurance in the amount of the ship's value, including equipment, PERCENTAGE EXCESS from 2000 to 5000 € depending on the vessel's type or size Uninsured is personal property of customer and crew. We explicitly point out, that a private baggage insurance should be concluded in advance. 3. CHARTER AREA The territorial waters of the country where the port of departure is located are regarded as agreed upon fairway borders. Side agreements need to be made in writing in order to be effective. 4. YACHT NAVIGATION By his signature on the charter contract, the customer confirms that he possesses all the necessary navigational and nautical skills required to steer a boat on open water. Otherwise, the customer shall designate a skipper, who will sign the charter contract jointly with the customer. The customer confirms by his signature that he holds the required qualification documents and has sufficient maritime experience. He is liable for the consequences of any false statements. If the charter company determines that the person intending to operate the yacht lacks the necessary knowledge or skills to do so, the charter company reserves the right to arrange for a skipper. The cost of this skipper shall be borne by the customer. If the customer and skipper are not the same person, they shall be jointly liable as debtors under this contract. 5. SPECIAL CUSTOMER OBLIGATIONS The customer agrees • to treat the yacht and its equipment carefully and in accordance with the rules of good seamanship, •not to sublet the yacht to third parties • to tow other vehicles only in case of distress at sea, • to not sail at night, • not to use the boat for the commercial transport of persons and/or goods, • not to hand over or hire the boat to a third party, •not to operate the boat under influence of alcohol or any illegal drugs, and generally not to use or have any illegal drugs on board, • not to use the boat for the transport of undeclared goods that are dutiable, • to perform necessary checks during the trip (engine and gearbox oil, water level, etc.), •The yacht shall not be used for participation in races, regattas, or similar events such as fun regattas. In the event the charter company becomes aware that the customer has participated in such events, the charter company reserves the right to recall the yacht to the base, at the customer's expense, •The customer agrees that fishing or any similar activities on board are strictly prohibited. Any damages arising from such activities will be the sole responsibility of the customer, and the customer shall bear the costs of such damages, • to observe strictly and keep away from prohibited areas of the host country, • to follow agreed fairway borders, •The customer shall not allow any persons or passengers on board the yacht other than those listed in the Transitlog. Should any individuals not listed in the Transitlog be found on board, the customer shall be solely responsible for any fines or penalties incurred as a result. •The charter company reserves the right to initiate legal action in accordance with applicable regulations, and the customer will bear the costs of such fines, The customer must use the paper charts onboard as the primary and mandatory navigation tool. The paper charts are the official and required means for navigation, and all voyage planning should be based on them. The onboard digital charts are for informational purposes only and should not be relied upon as the primary source of navigation. The customer should navigate according to the paper charts and avoid relying solely on digital charts, • not to bring pets on board. Exceptions need to be agreed in writing. to keep the logbook (in a simple form), in which furthermore all events concerning damages to the yacht and its equipment need to be registered. In case of a damage or an accident the course of events will have to be written down exactly and furthermore to be confirmed by the respective port captain, doctor or expert. In addition, the charter company and the respective base manager will have to be informed immediately. The same applies to the case of the yacht being not manoeuvrable and the cases of loss, confiscation by authorities or obstructing the yacht by external third parties. Costs resulting from violating or ignoring the rules shall be completely borne by the customer. It is an absolute necessity to report the bottom contact to the respective base manager, so that he will be able to convince himself of the proper condition of the keel and the bottom construction. In case of damage all repair and crane costs will be deducted from the deposit. The customer is liable for force majeure up to the amount of the respective percentage excess. Engine breakdowns caused by the customer, damage of sails, loss or damage of equipment and also delay in return will be deducted from the deposit, however only up to the amount of the hull insurance's percentage excess. If costs cannot be determined immediately, an amount will be estimated and deducted by the charter company. A precise calculation will follow within 30 days. If damages or defects to the yacht or its equipment occur during the charter period, the charter company will have to be informed immediately. 6. TAKING OVER THE YACHT The charterer shall take possession of the yacht no later than 17:00 on the agreed delivery day, unless there is a technical issue. The yacht has to be handed over to the customer with a full tank. By means of the checklist vessel condition and completeness of its equipment and inventory have to be checked by the customer and confirmed by his signature. Later objections raised by the customer concerning the usability of the yacht and its equipment are not possible afterwards. If the charter company is not able to repair a damage resulting from a preceding charter on time or only partially, a withdrawal from the charter contract or a claim for price reduction on behalf of the customer will become solely possible, if the yacht's seaworthiness is impaired. 7. RETURN OF THE YACHT On the return day, Friday, the charterer is required to dock the yacht at its designated place in the marina with full fuel tank(s), empty waste tank(s), and all necessary procedures completed, by no later than 17:00. On the departure day, Saturday, the charterer must vacate the yacht by 09:00 at the latest. After termination of the charter arrangement the customer returns the yacht in a tidy condition, stowed according to the check list (as previously taken over). The return is executed in conformity with the agreement. 8. Delayed Return The customer is contractually bound to return the yacht on time as agreed. He has to fulfill this obligation regardless of the weather conditions. He has to plan the trip in such way that he is able to return the yacht to the home port on time, even in case of bad weather conditions. However, should he not be able to return the yacht as agreed, he will have to inform the charter company or the respective base manager immediately to await further instructions. The customer will bear resulting costs (such as return related costs, travel expenses for the following customer etc.). The charter company will be entitled to claim a double daily rate for each day of delay. In the event of a culpable delay in return, an hourly compensation fee shall apply: EUR 500 per hour for monohulls and EUR 800 per hour for catamarans. 9. LIABILITY OF CUSTOMER AND CHARTER COMPANY In case of violating the contractual obligations the customer will be liable towards the charter company for all related damages. As far as the charter company should be held liable by a third party for the customer's actions and failures, the customer will exempt the charter company from such claims. Claims on behalf of the customer resulting from defects of the yacht or its equipment will have to be made immediately at the charter base. If customer claims cannot be settled right on return of the ship, they will have to be notified by registered letter within 14 days after termination of the charter. The underlying facts will have to be confirmed in writing by the base manager at the place of return at the latest on the return of the yacht. 10. TERMS OF PAYMENT Advance Payment: 20% of agreed rent price. Remaining payment: at least 60 days before the charter. Costs payable at the charter base: Charter Pack and, if requested, Wifi, SUP, Ice Maker, Sea Scooter, extra transfers etc. according to the current price list. 11. DEPOSIT The security deposit must be paid either in cash or by credit card (Visa or MasterCard), along with verification of the identity of the contracting party or a crew member, at the charter base. The deposit will be refunded in full, without deductions, upon termination of the charter, provided that no damage has occurred. Please note that neither the full deposit nor the deposit insurance covers the following items: dinghy, outboard engine, anchor, chain, and sails. A deposit insurance option is available and may be arranged directly at the charter base. The deposit insurance system operates as follows: The required deposit is reduced to 20% of the original deposit amount, and an additional 10% of the original deposit will be charged as the insurance premium. 12. WITHDRAWAL In case the customer is not able to start his charter, he immediately will inform EOS Yacht Charter, as the representative of the charter company. Subject to the following regulation a cancellation fee will have to be paid: Up to 5 months before charter – 20 % of the charter fee, up to 8 weeks before charter - 60 % and less than 8 weeks – 100 %. If a substitute customer can be found, 80% of the cancellation fee will be reimbursed. If the charter company is not able to provide the boat or a substitute equal or similar in value, or if it can not be provided on time for the charter, the customer will dispose of the right to cancel the charter contract: within 24 hours for a charter period of up to 10 days, within 36 hours for a charter period of more than 10 days. Pro rata temporis reduction for the down time will be reimbursed according to the charter fee. If parts of the equipment were lost or damaged during a previous charter and could not be replaced before the new charter, the customer will not have the right to cancel the contract or to claim a reduction from the charter company; except the seaworthiness of the ship is not impaired. 13. PRIVACY & SAFETY DATA NOTICE The Lessor equips the vessel with GPS and remote tracking (telemetry) systems to ensure the safety of life and property, comply with insurance policy conditions, and monitor the vessel's condition. The Charterer acknowledges and declares that the vessel's real-time location, route, cruising speed, and (if applicable) technical data such as engine working hours are recorded 24/7. Any attempt by the Charterer to turn off these systems, block their signals, or physically tamper with the devices constitutes grounds for immediate and unilateral termination of this agreement. Taking the chartered vessel outside the navigation limits explicitly stated in the contract (e.g., Turkish Territorial Waters) is strictly prohibited. If it is detected via the GPS system that the vessel has unauthorizedly entered international waters or foreign territorial waters, the Lessor reserves the right and obligation to immediately report this violation to the Coast Guard Command and relevant official authorities. The Charterer is solely liable for all legal, penal, administrative, and financial consequences—including the confiscation of the vessel—that may arise due to border violations. All location, route, and navigation data obtained through GPS tracking systems are processed in accordance with Personal Data Protection Laws (such as KVKK/GDPR) solely for the purposes of vessel safety, fulfilling legal obligations, and supporting search and rescue (SAR) operations in emergencies. The Charterer accepts and gives advance consent for this data to be shared with authorized official bodies (Coast Guard, Port Authorities, etc.) and insurance companies in the event of a rule violation (e.g., border crossing), accident, or emergency. 14. MISCELLANEOUS Verbal assurances or additional agreements are only valid after written confirmation. In all cases of disputes or controversial matters efforts are made to reach an amicable settlement. 15. COURT OF JURISDICTION Both parties agree to the application of the law of the Republic of Türkiye (court jurisdiction: Çağlayan Adliyesi) for the mediation of the contract. In case single provisions of this contract are void or not legally valid, the validity of the remaining provisions are not affected. Information are given to the best of our knowledge, but without warranty. We reserve the right to correct errors in general as well as misprints and errors in calculation. Name Surname: Date of Birth: Place of Birth: Sign: