Charter conditions
We recommend a resignation insurance! and bail insurance, as well as travel insurance.
Delfin Yachting obtain the use of the yacht of the customer on behalf of the owner of yacht. The charter conditions are the basis all contracts locked over us as agency indispensably.
Freight contract conditions:
Contracting party
The freight contract is closed between the charter company (charterer) and the charterer if necessary under switching of the agency.
Payment, resignation, resignation of the charterer
1. If differently in the contract proven, the pre-payment of the charter price is not in the indicated height within three days starting from contract conclusion due, the remainder of six weeks before Toernbeginn. The receipt of payment has to take place within the indicated periods.
2. The charterer can explain the resignation in urgent cases within 4 days starting from contract conclusion. In this case the charterer commits himself to pay any paid amounts back immediately (if necessary over the agency) to the charterer.
3. If the charterer cannot begin the charter, then he communicates this immediately. If spare charter succeeds to same conditions, then the charterer its payments erhaelt less developed handling costs at a value of mind. 20 % of the charter price back. Otherwise the charterer has requirement on the entire charter price. It is urgently recommended to the charterer to lock a travel resignation cost insurance. For this the charterer and/or the agency sends gladly an offer of appropriate insurance.
4. If the charterer does not pay within the dates mentioned, the charterer can withdraw from the contract. Paid rates are to be returned less a handling charge of 20 % only if spare charter succeeds to same conditions.
Obligations of the charterer
1. The booked yacht is fully refuelled handed over to the charterer cleanly, sail clear, seaworthy and.
2. If the booked yacht cannot be handed over to the date agreed upon in the freight contract (e.g. because of average, unseaworthyness infolge accident with the Vorcharter, etc.), the charterer can place an equivalent spare yacht. Possible warranty claims remain to the charterer, as far as the spare yacht is afflicted with lack.
The charterer assures and commits themselves as follows:
1. to keep the principles the good sailor shank.
2. to control the sailor shank and to possess sufficient experiences in the guidance of a yacht and/or to place a responsible person Skipper with these characteristics. If the charterer or its Skipper is not in the possession of the necessary driving licence or certificate of competency for leading the yacht in the agreed upon bootsklasse, the charterer reserves himself, the delivery of the yacht with retains the charter price to refuse or a Skipper in the name and at expense of the charterer to place.
3. to consider the legal regulations of the host country and to make on and notices of departure with the harbour master.
4. the yacht for commercial purposes not to use to carry no strange passengers forward the yacht without written permission of the charterer third to or to letting and no dangerous goods or material do not leave to transport.
5. the respective sea-area of the charterer only with previous written agreement of the charterer too leave (Croatian sea-territory)
6. Sea-area for sport boats northern border island Silba, southern border island Zirje and Sibenik.
7. to make no changes in the ship or in the equipment.
8. Yacht and equipment pfleglich to treat to inform the yacht only with boat shoes too enter to lead the log in simple form before Toernbeginn across the conditions of the driving area in detail e.g. over currents and with strong hoists, etc. changed water levels.
9. not to leave with announced wind forces starting from 7 Bft. the protecting port.
10. the yacht after return to perfect, tidy, cleared up and fully refuelled condition back too given - otherwise refuelling and clearing up are computed and taken off from the bail.
11 with damage to inform collisions and averages or other unusual occurrences immediately (by telephone or by telegraph) the charterer. To make with damage to the ship or to persons a minute and for a counter attestation of the harbour master to ensure physician etc..
12. to let always tow in the case of the average or the similar cases the yacht with the own line and to make no agreements over towing or salvage costs.
13. Ship condition and completeness of equipment and inventory with delivery and return to examine in each case (check list) and this with its signature confirm.
14. To indicate objections of the yacht immediately with the base of the yacht and note in the delivery or return minutes. Complaints indicated later are excluded.
15. to sign if necessary legally prescribed freight contracts or own forms for contract of the charterer before delivery of the yacht.
Repairs and engine and Bilgenwatching
1. Repairs in the value of over 100 - require in principle permission by the charterer. Exchanged parts are to be kept in each case. Displays for repairs which emergency little due to material wear became, become returned by the charterer with collecting main of the acknowledged calculation.
2. The oil level, the cooling water level and the Bilgen are to be examined daily, the withdrawal of the cooling water constantly by the charterer. Damage, which results from unlubricated operations of the engine, is insured in no case and goes debited to the charterer. Likewise the engine cannot be used with inclination under sails by over 10 degrees of offense, since the engine gets then no water and oil.
Resignation of the charterer or reduction of the charter price with late delivery or lack
1. If the yacht or at least an equivalent spare yacht is not placed in time to the date agreed upon in the freight contract from the charterer to the order, then the Charterer can withdraw at the earliest 24 hours after when full refunding all performed payments from the present Treaty. At one charter duration of two or more weeks the period increases by 24 h per further week.
2. Large claims of the charterer, except for resolution and rough negligence of the charterer, are impossible. Footstep of the charterers of the contract zurueck, then he does not keep requirement on refunding the proportionate charter price for the time, around which the ship was handed over later.
3. Damage to the yacht and equipment, which the seaworthiness of the yacht do not impair and which use of the yacht further in the reasonable framework ermoeglichen, do not entitle to the resignation. A reduction is likewise impossible in this case.
Adhesion of the charterer
1. The charterer is responsible to the charterer and its crew only for damage, which entstehen due to resolution and rough negligence of the charterer.
2. The charterer is not responsible for such damage, which from inaccuracies, changes and errors of the provided nautischen auxiliary material e.g. sea charts, manuals, compass, direction finder etc. are caused.
3. Requirements of the charterer due to Nichtbenutzbarkeit of the yacht because of damage or total failure, which by the charterer or third is caused during the charter time, are impossible.
Adhesion of the agency
The agency clings as a mediator only for roughly negligent or deliberate obligation offence during the switching achievement.
Adhesion of the charterer
1. For actions and omissions of the charterer, for which the charterer is made liable by third side, the charterer keeps free the charterer of all private and to criminal consequences, also from all costs of the prosecution abroad the in and. The charterer takes over the yacht on own responsibility.
2. If the charterer leaves the yacht at another than the agreed upon place, directly for what reason, then the charterer bears all cost of the feedback of the yacht to water or country. If the feedback of the yacht should exceed the charter period, the yacht applies only with arrival in the agreed upon return port as of the customer returned.
3. Late ship return and by the charterer which was to blame for nonusable of the yacht lead to claims for damages on the part of the charterer.
4. One points out that the conclusion of an all risks insurance on vehicles leads by the charterer to no adhesion exemption of the charterer for those damage, which is not taken over by the insurance or regarding those the insurance expressly one charterers reserved. This applies in particular to damage due to rough negligence, resolution or neglect of the conditions as per contract as well as to any damages.
5. The conditions of the insurer, which are gladly sent on demand, are a component of the present Treaty. The self participation per case of damage is to be carried from the charterer to and can from the performed bail deviate. With lack-free return of the yacht and equipment the bail is zurueckerstattet immediately. Damage and losses are charged with the bail. Any ones by the bail or insurance not covered damage have to be replaced to the charterer immediately.
Mixed and other Terms
1. an extension of the charter time is possible only with agreement of
the charterer. In the case of obvious errors with computation of the
aforementioned charter price and the extras the charterer and the
charterer have the right and the obligation to correct the charter
price in accordance with valid price list without the legal force of
the present Treaty is affected.
2. verbal ones promises and special agreements are effective only after written confirmation by the charterer. This applies also to the Abbedingung of the writing requirement. Information are given after bestem knowledge, however without guarantee.
3. the inefficacy of individual regulations in all other respects does not affect the validity of the contract. The parties agree to replace ineffective Regelungen by this as close coming effective a regulations as possible.
Area of jurisdiction, applicable right
for all requirements in the relationship charterer and agency the
right at the seat of the agency is applicable and court conditions at
the seat of the agency. For all requirements in the relationship
charterer and charterer the right at the seat of the charterer is
applicable and area of jurisdiction at the seat of the charterer.
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