1. Subject matter of the contract

The subject of this contract is the provision of an unoccupied boat. The identification of the lessor, the lessee and the boat as well as the price and the rental period are set out on the reverse side with the respective contractual conditions. The Charterer agrees to the General Terms and Conditions by signing these Terms of Use.

The hirer is prohibited from lending, transferring or renting the boat to third parties for (un)consideration.

2. Terms of payment

The rent is paid in two installments:

50 % of the charter price to confirm the booking

50 % of the charter price plus all booked options 45 days before the start of the charter

If the booking is less then 45 days before the departure, the 100 % of the charter price is required

3. Boat handover

The Lessor shall hand over the boat to the Charterer only under the following conditions:

Full payment of the rental amount by the tenant.

Payment of the deposit, which is paid at the departure base in the form of cash or bank check.

Written confirmation of the boat handover from both contractual partners with a corresponding inventory.

– Handing over of the following documents by the tenant:

– Copy of the tenant’s identity card,

– Listing of the individual crew members with names and addresses.

If the lessor determines that the sailing and/or nautical experience of the hirer and crew is inadequate, the lessor reserves the right to cancel or amend the booking and withhold all payments. The lessor is entitled to provide a licensed skipper at the expense of the hirer. The hirer may not dismiss the skipper before the end of the charter hire unless he has obtained the lessor’s consent. If no skipper is available, the hirer may use the vessel at the dock, but may not leave the dock with it.

For operational reasons, it may be possible that the boat booked by the hirer has to be replaced. The lessor reserves the right to provide an alternative yacht that corresponds to the booked boat. Should this the Lessor will notify the Lessee as early as possible. The Owner will offer the Hirer a boat of equal or greater size/specifications; no additional charge will be made if the Hirer upgrades to upgraded to a more expensive yacht category. If the only available alternative yacht is cheaper, the hirer is entitled to a refund of the price difference.

4. Boat return

The boat must be returned complete, i.e. with all the rented equipment on board and in the same contractual condition as at the time of departure, as well as clean and tidy on the specified end date and time. The boat must be returned in a fully fueled condition; if this is not the case, a handling fee of 100 € / 110 USD will be charged in addition to the cost of refueling.

If the return delivery of the vessel is delayed due to force majeure, as defined below, the return delivery will take place as soon as possible. The terms and conditions of the contract shall continue to apply in the meantime, but without any penalty for the hirer. In the event of a delay in return, the hirer undertakes to pay the lessor the pro rata charter fee plus 50%. Each day or part thereof beyond the charter period shall be full day. If the hirer leaves the vessel at a location other than the specified final port, he agrees to pay the lessor all costs and fees incurred in returning the vessel to the contractually agreed final port, as well as compensation of the charter fee for the number of days necessary to return the vessel to the base. Abandonment of the vessel is defined as leaving the vessel for longer than a 12-hour period.

If the hirer does not return the vessel to the charter company at the contractually agreed final port due to a deliberate delay or change of itinerary, the hirer agrees to pay the charter company the pro rata charter fee plus 50%. Each day or part thereof beyond the charter period shall be considered a full day. If the delay in return exceeds twenty-four (24) hours, the Hirer is obliged to compensate the Rental Firm for any loss or damage suffered by the Lessor as a result of the deprivation of the use of the Vessel or the cancellation or delay in delivery under a subsequent hire of the Vessel.

5. Warranties and procedures

The lessor must hand over a boat to the lessee in perfect condition and equipped with all rules and regulations in accordance with the applicable laws.

A free berth in the home marina will be provided for the first and last day of the charter rental. The time required for the presentation and handover of the boat will be taken during the rental period. The hirer is free to use the boat as soon as he has signed the handover protocol and received the documents from the lessor.

6. Obligations of the tenant

a) Before signing the written confirmation of the handover of the boat, the hirer must check that the boat and equipment are in good contractual condition. By signing the written confirmation of the handover of the boat the Lessee confirms that the Lessor’s obligations to provide the rental object have been fulfilled in accordance with the contract.

b) After the boat has been handed over, the hirer and his crew are responsible for all damage to property and personal injury, including damage caused to and by third parties.

c) The hirer is responsible for all operating costs incurred, such as mooring fees, local taxes, fuel, water and food. If outside assistance is required due to boat problems, the hirer must notify the lessor immediately before such costs are incurred, unless delay would cause personal injury or substantial damage to property. The Hirer shall keep all invoices and receipts for repairs, which the Rental Firm shall reimbursed on the day of return. In the event of damage involving another vessel, the hirer must immediately contact the lessor and follow the lessor’s instructions, regardless of whether the hirer has damaged the rented vessel and/or another vessel.

d) The hirer undertakes to carry the number of passengers required by the ship’s safety regulations. The transportation of objects or the transportation of passengers in return for payment or any other commercial activity commercial activity, such as professional fishing, is prohibited.

e) The Hirer undertakes to operate the boat as a responsible person and to comply with all laws of the sea area which he is permitted to navigate as agreed, in particular with regard to fishing and deep-sea fishing. The hirer shall indemnify the lessor against all claims and legal disputes arising from or in connection with this contract due to non-compliance with these rules.

f) The Hirer shall take care of the maintenance of the boat during the rental period. The Hirer shall take all reasonable measures to prevent the boat from being towed by another vessel. However, if towing is necessary despite its efforts, the Hirer agrees to negotiate and fix the price of towing with the master of the other vessel.

In the event of an accident involving another vessel, the hirer must contact the lessor immediately and follow the lessor’s instructions, regardless of whether the hirer has damaged the lessor’s hired vessel and/or another vessel.

g) The renter undertakes to move exclusively within the contractually defined travel area.

The hirer undertakes not to leave the port or berth in wind force 6, or if this wind force is forecast, if the port authority has prohibited any exit from the port for any reason whatsoever, has forbidden any exit from the port.

The hirer undertakes not to leave the harbor or berth even if the yacht is damaged and/or in need of repair, in particular if important equipment such as engine, sails, ropes, bilge pump, navigation lights, mooring devices, compass, safety equipment are not in perfect condition, if fuel reserves are not sufficient for the planned voyage, if in general the weather, the yacht or the crew conditions endanger the yacht or crew.

The hirer undertakes not to sail during the night. The hirer undertakes to update the vessel’s logbook daily with the port of destination, the condition of the yacht and crew, any change of crew, successive positions/locations, weather conditions, sails used and engine operating times. The lessee undertakes to follow all navigation and route instructions given to him by the lessor, in particular especially in bad weather.

7. Deposit / liability waiver (damage waiver)

The lessor has taken out insurance for the chartered boat and the hirer covering all accidental damage, including damage to third parties.
However, theft or loss of personal belongings of the hirer and all persons on board are excluded, as are all accidents that may affect them.
In the event of damage of any kind, including damage to third parties or theft, the hirer must submit a sea report, if necessary with a counter-statement to that of the third party with the full contact details of the third party and their own insurers and in any case to inform the lessor immediately. Failure to report falls under the provisions of Article 13 „Voluntary breach“
The insurance cover taken out by the organizer includes an excess to be borne by the renter in the event of damage. The parties to the contract may agree in writing to reduce the deposit.
The lessor is not obliged to provide the charter customer with a replacement boat or to pay compensation if the chartered boat is immobilized as a result of accidental damage during the charter.

8. Termination of the contract and rebookings

Before the boat is handed over, the hirer may withdraw from this contract by making the following payments:

a) If the lessee cancels more than 60 days before the original charter start date, the lessor may retain 30% of the deposit paid.

b) If the lessee cancels 60 days or less before the original charter start date, the lessor may retain the entire charter fee paid up to that point.

c) To avoid the aforementioned financial losses, the Hirer is recommended to take out travel or travel cancellation insurance.

d) Changes of dates and/or booked yachts are subject to the current prices.

9. Force majeure

a) The lessor shall not be liable for any loss, damage, delay or failure due to a force majeure event such as fire, acts of nature, epidemics, war (declared or undeclared), acts of war, insurrection, revolution or civil war, piracy, civil war or hostile action, strikes or labor disputes, acts of the public enemy, federal or state laws, rules and regulations of any governmental authority having or claiming jurisdiction, or of any other group, organization or informal association (whether or not formally recognized as a government), and any other reason beyond the reasonable control of the landlord which makes it impossible to continue the business.

b) In the event of a delay or failure of performance due to an event described above:

– All payments for the charter are to be used as credit for a future charter. No refunds will be granted.

– The Lessor will work with the Lessee by mutual agreement to organize a new charter on another vessel acceptable to the Lessee, at a new location or on new dates, or both, depending on the availability and request of the Hirer. If the parties are unable to book a new charter at this time, the Hirer’s deposit will remain in the Owner’s account as a credit and will not be forfeited.

– The landlord is not responsible for any additional costs incurred by the tenant due to changes to his charter as a result of a force majeure event.

10. Additional delays

a) If, on the day of departure, the rented boat or an equivalent boat is not available for a reason other than a force majeure event for which the lessor is responsible, the lessee has the right, if possible, to the following options:

– If available, postpone the departure date and keep the charter duration.

– The charter end date shall be retained in the invoice and a pro rata, appropriate refund of the charter fee paid shall be negotiated with the lessor for the period during which the vessel was unavailable

– If the delay is more than a quarter of the charter time, the hirer may terminate the agreement with the lessor and is entitled to a refund of the entire charter fee.

b) The Lessee waives all claims for damages against the Lessor arising from a delay in the charter.

c) Any interrupted or shortened charter, any service not used by the tenant for any reason whatsoever is non-refundable.

11. Miscellaneous

a) This contract and its execution are subject to the law of the Federal Republic of Germany. To the extent permitted by law, the parties agree that the place of jurisdiction shall be Munich Regional Court I.

b) Maritime rights: The Hirer undertakes not to exercise or permit the exercise of any maritime right over the vessel. He may not abandon the vessel or enter into a salvage contract without the prior written consent of the Lessor. The Hirer shall indemnify the Owner against any liability for liens, salvage or debts on the Vessel as a result of any act or omission by the Hirer.

12. Willful breach of contractual provisions

The hirer and/or his crew shall be liable to the lessor for damage resulting from intentional and/or grossly negligent breaches of one of the special or general provisions of this contract, irrespective of the existence or non-existence of insurance, in particular in the event of total loss of the boat.