Terms and conditions
I. Charterer's duties
The Charterer undertakes towards the Charteree
1. that it shall furnish the chartered yacht on the agreed date following full payment of the charter price in a
seaworthy and adequate condition of the techniques and maintenance (note: maintenance data, in particular, the
inflatable life raft, emergency signals).
2. that it shall furnish the onboard documentation (important: updated sea charts) that detail the ocean territory
and sailing times permitted and covered by the insurance policies
3. that it shall reimburse down time if the Charteree is no longer able to use the yacht due to a defect (in whole or
in part). There shall be no reimbursement if the Charteree is himself responsible for the down time (e.g. due to
damage caused by him).
4. that it shall be available for the Charteree during the charter period by telephone or radio at least during the
usual office time. The manual for the charter-yacht has to be on board in English or in the language of the
II. Sailing licences, certificates of qualification
Prior to handover of the chartered yacht, the Charterer may verify the ability of the responsible skipper to skipper
the boat. To this end, it may already demand proof of previous sailing experience prior to conclusion of the
Agreement and request that it be presented with the sailing licenses or certificates of qualification necessary for
skippering the yacht in the agreed boat class and sailing area. In the event of patent doubts concerning the
qualification for safe skippering of the chartered yacht and crew, the Charterer may appoint or arrange for a
skipper for the Charteree at the Charteree's expense. Should this be impossible or should the Charteree not
agree thereto, the Charterer may refuse to hand over the yacht; in this event, the charter price paid shall be
reimbursed at the originally agreed charter price only in the event of a successful alternative charter. If an
alternative charter is only possible at a lower price, the Charterer shall be entitled to the relevant difference.
III. Performance disruptions (CharterAgreement)
1) CHARTEREE'S RIGHTS
Should the Charterer fail to furnish the chartered yacht no later than 4 hours following the contractually
agreed time, the Charteree may reduce the charter price on a pro rata basis for the down time per day
commenced. The same shall also apply for necessary repairs, irrespective of the Charterer's fault. The Charteree
may also, at his choice, rescind the Agreement against full reimbursement of payments made if more than 24
hours have elapsed since the agreed handover time; in the event of a charter period of at least 10 days, this
deadline shall extend to 48 hours. The Charterer may provide a reasonable substitute yacht that is objectively of
the same level and that also meets the Charteree's needs. Should it already be clear before commencement of
the charter that the boat will not be available or may not be handed over at the time agreed, the Charteree may
rescind the Agreement even prior to commencement of the charter.
Should the chartered yacht, its equipment or accessories deviate in a negative manner from the
contractually agreed condition (defects), the Charteree may always demand an adequate reduction of the charter
price, but may rescind the Agreement only if, regarded objectively, the chartered yacht's seaworthiness is
impaired or correct navigation using common navigation methods is made significantly more difficult and the risks
to the safety of the boat and crew increase significantly as a result.
Should the Charterer not be responsible for the performance disruption, there shall be no further claims
against the Charterer with regard to indemnification of the Charteree for consequential damage (e.g.
travel/accommodation costs); however, the Charterer hereby assigns to the Charteree any compensatory
damages claims against third parties. The Charterer shall without undue delay notify the Charteree of any such
events and possible consequences in detail and in an appropriate manner. The Charteree shall assert price
reductions or rescind the Agreement by way of unilateral declaration to the Charterer and provide relevant
2) CANCELLATION. Should the Charteree rescind the charter agreement, the agreed cancellation costs shall be
incurred. Should the Charteree be unable to set out on the turn, he shall notify the Charterer thereof in a binding
manner without undue delay in writing or by fax, in which respect, the time of receipt of the notice by the Charterer
shall govern. Should there be an alternative charter at the same conditions, the Charteree shall be reimbursed his
payments made to such time less a processing fee of EUR 150. The Charteree may provide a suitable substitute
charteree who assumes the Agreement only with the agreement or written consent of the Charterer. In the event
of an alternative charter at a reduced price or for a shorter period, the relevant difference plus the processing fee
shall be due and payable. Should different handover and return ports or foreign ports be contractually agreed, the
compensation shall be increased by 20% in a given case. The Charterer may rescind the Agreement in the event
of late settlement of the costs incurred and expressly reserves the right to assert additional compensatory
damages claims for non-performance of the Agreement. In all other cases, the Charterer shall be entitled to the
contractually agreed charter price. Taking out of charter cancellation insurance is therefore expressly
3) CHARTERER'S RIGHTS: Should the boat not be returned later than 4 hours after the time contractually agreed
therefor, the Charterer may demand from the Charteree pro rata ongoing payment of the charter price for each
day begun. The Charteree shall warrant for punctual return. In this respect, he shall from the outset take into
account local wind and weather conditions, include weather-related problems, in his plans and keep the yacht in
sufficient proximity to the place of return. In the event of fault or unilateral actions, the Charterer may demand
compensatory damages. This shall not apply if timely return is not possible due to dangerous weather/sea
conditions (sudden deterioration) within the meaning of a risk limitation. Should the Charteree leave the chartered
yacht at a location other than the agreed place of return, he shall bear the costs of return to water or land if he is
at fault. The Charterer shall be notified without undue delay in all cases. In all cases, the Charteree may prove
that no or lesser damage occurred.
IV. Assumption of the chartered yacht
The Charteree shall assume the yacht at his own responsibility. The Charterer or its appointed representative
shall furnish the Charteree the chartered yacht ready for sailing and in an otherwise perfect condition, cleaned
internally and externally, with attached gas canister (and reserve canister), with a full tank of petrol with a full
replacement fuel canister. The boat's condition, all technical functions (in particular, sail, lights and motor) and the
completeness of accessory and inventory shall be thoroughly inspected using an equipment list and a checklist by
both Contracting Parties during the familiarisation procedure. The Charterer warrants that the yacht and its
equipment meet the requirements of the relevant statutes and regulations in the agreed charter shipping route.
The seaworthiness of the chartered yacht and the equipment shall then be confirmed by the parties in a binding
manner prior to handover by way of signature. After such time, no objections may successfully be made. This
shall not apply if and to the extent that there were latent defects upon handover, even if the Charterer is not at
fault in this respect. The Charteree may refuse to take possession of the yacht only if seaworthiness has been
reduced to a significant degree, and not in the event of immaterial deviations or defects.
V. Charteree's duties
The Charteree shall have the following obligations towards the Charterer:
1. all crew members must be designated by no later than 4 weeks prior to commencement of the charter
(preparation of a crew list).
2. the boat must already be made available at the agreed place of return 1-2 hours before expiry of the
Agreement for check out.
3. the agreed charter term shall not be unilaterally extended without consultation with the Charterer. 4. the yacht
shall be kept in sufficient proximity to the return port in the last 24 hours prior to conclusion of the charter in order
to ensure timely arrival in the event of adverse conditions (poor weather, strong winds etc.). Storms shall not
affect the duty to return the boat punctually, except in the case of force major. The Charterer must be informed
without undue delay in the event of foreseeable late return. 5. the Charterer must be notified without undue delay
if the turn must be ended at a location other than the return port. In this event, the Charteree shall be responsible
for caring for the boat or having it cared for by sufficiently qualified persons until the Charterer is able to take
possession of the boat. The charter shall end only upon taking of possession, and the Charteree shall bear any
resultant costs. 6. the chartered yacht and equipment shall be treated with care and in accordance with the rules
of due and proper seamanship.
7. the Charteree shall familiarise himself prior to commencement of the turn with the technical and all other
systems of the yacht, comply with the instructions located on board and inform himself on the particularities of the
shipping route (currents, changed water levels in the event of strong winds, down winds, wind tunnel effects etc.)
8. perform rotational control and maintenance measures, particularly verifying the oil level and coolant level of the
motor on a daily basis, check bilge on a daily basis and, where applicable, perform maintenance.
9. keep a log book in which the records on weather reports, all damage discovered on the yacht and equipment,
groundings and other special events (ropes in the propeller etc.) must be entered 10. if and to the extent present,
conscientiously keep a radio book and, where applicable, a customs and an inventory, departure and arrivals log.
11. report any grounding immediately and, in the event of suspected damage to the chartered yacht, immediately
head towards the next port and arrange for an examination by a diver and, following consultation with the
Charterer and at its instruction, arrange for craning or dry-dock.
12. pay attention to special wind and weather conditions, and to take particular care during night travel.
13. only to enter and leave port under motor, but to travel under motor only if and as long as necessary (and in no
event under sail commencing with 10 degrees heeling!).
14. to come aboard the yacht only with appropriate, clean boating shoes whose colour does not rub off.
15. to give towing assistance only in an emergency, to have the chartered yacht towed only in an emergency and
to use own ropes/lines, to attach lines (belegen) only to clamps, winches or the foot of the mast, and not to make
any agreements concerning towing and recovery costs, unless the assisting party otherwise refuses its aid.
16. to comply with the statutory provisions of countries in which the Charteree stays, passes through or is a guest,
and to enquire in advance concerning any necessary licenses or travel permits
17. always to duly and properly pass the boat through port and customs authorities and duly pay any port charges
18. to notify the nearest police station without undue delay of any theft of the yacht or its accessories
19. not to furnish or sub-lease the chartered yacht to third parties.
20. not to allow on board more persons than permitted or agreed (crew) or any animals
21. not to make any modifications to the boat and equipment.
22. It is not allowed without written consent by the charterer: - to bring along any undeclared goods subject to
custom duties or dangerous goods or substances. - to participate in regattas -to exit from protected ports in the
event of wind forces to constantly 7 Bft ( 30knots) and higher -to use the yacht for training purposes, transport for
23. The Charterer may restrict the shipping route in the event of unsafe/uncertain navigation conditions or prohibit
night travel. The routes specified in Section IV. of the Agreement may be left only with the Charterer's express
consent. The Charteree and the skipper and crew shall be responsible for sailing the yacht and shall be liable to
the Charterer or insurer for any damage resulting from abuse of the required rules of conduct. In the context of
this Agreement, the crew members shall be deemed vicarious agents of the Charteree/skipper.
VI. Repossession of the chartered yacht
The Charteree shall hand over the chartered yacht to the Charterer or its appointed representatives ready for
sailing in a stowed condition according to the checklist, cleaned internally and externally, with attached gas
canister (plus reserve canister) and with a full tank of petrol (plus replacement fuel canister). The Charterer may
replace material that has been consumed and not replenished (e.g. fuel) at the Charteree's expense and set a flat
fee for the costs, and may arrange for cleaning at the Charteree's expense, if agreed. Cleaning may be
contractually agreed against a surcharge. The Charteree shall bring the chartered yacht to the mooring in a timely
manner (no less than 1-2 hours prior to the handover time) such that detailed checkout and cleaning is possible.
Both parties shall jointly inspect the boat's condition and the completeness of the equipment. The Charteree shall
notify the Charterer even in the event of suspicion of damage to the yacht and shall immediately report any lost,
damaged or no longer functional equipment upon return. The Charteree and Charterer shall prepare a list of
defects and losses and shall then use this and the checklist to prepare a protocol, which shall be binding upon
execution by both parties. Should the Charterer refuse to prepare an acceptance protocol, the yacht shall be
deemed returned free and clear of defects. After this time, objections may no longer be successfully made; this
shall not apply if and to the extent that there were latent defects upon repossession, for which the Charteree is
responsible as a result of wilful or grossly negligent conduct. In particular, the Charterer may not retain the bond
for damage subsequently discovered. The type, scope and level of damage that may and shall be rectified only at
a later stage and, where applicable, following further use of the chartered yacht, shall be documented in detail
and shall be binding to both parties.
VII. Damage (to the chartered yacht)
The Charteree shall notify the Charterer without undue delay of any consequential damage, conduct obligations,
liability damage, collisions, accidents, disabling, operating breakdowns, seizure of the yacht or other events. The
Charteree and the Charterer must always be available for instructions and questions. Damage based on normal
wear and tear or material fatigue may be rectified by the Charteree up to an amount of EUR 150 without
consultation and the relevant expenses shall be reimbursed by the Charterer upon presentation of receipts. The
Charteree shall inform the Charterer of expenses that exceed this amount (except in emergencies or in cases of
impending danger), shall document and monitor such expenses and, if necessary, shall make the initial financial
outlay. Exchanged parts shall be kept. The Charteree shall undertake any and all actions that reduce the damage
and its consequences (e.g. breakdown). Should damage be unable to be rectified onsite, the Charteree may be
obliged – following demand by the Charterer – to return early (possibly 24 hours prior to transfer of possession) if
this is justifiable and reasonable under the circumstances. Should the Charterer be responsible for the damage,
the charter price shall be reimbursed on a pro rata basis for each day commenced. Should the Charterer not be
responsible for the breakdown, any additional compensatory damages claims on the part of the Charteree shall
be excluded. The Charteree/Skipper/Crew shall bear up to an amount equivalent to his bond the costs for
rectification of defects or repair of material damage on the chartered yacht or equipment. Damage exceeding this
amount shall be covered by the hull underwriter, unless the skipper and/or crew act willfully or in gross negligence
or breach the provisions of the Charter Agreement, and these have a causal connection with the damage event
that occurred. This shall not apply to damage resulting from wear and tear (e.g. opening of seams on sails) or
damage for which the skipper and his crew was not at fault.
VIII. Other liability of the Charteree
The Charteree shall be liable for any and all damage culpably caused by him or his crew to third parties or the
chartered yacht, its equipment or accessories, in particular, for damage attributable to incorrect use or defective
maintenance (if and to the extent this is a duty of the Charteree) of the generators on board. In the event of willful
or grossly negligent conduct, the Charteree shall also be liable for claims asserted by the hull underwriter
(recourse). If and to the extent that he is at fault, the Charteree shall also be liable for any and all consequential
and economic loss (e.g. in the event of seizure) according to the legal regulations of the country concerned.
Should the Charterer provide a professional skipper, he shall be responsible for sailing the yacht and shall be
liable for damage caused by him, but not for damage (jointly) caused by the guests. In the event of willful or
grossly negligent conduct on the part of the Charteree or his crew for which the Charterer is made liable by a third
party without being (jointly) at fault in any manner, the Charteree shall indemnify the Charterer against any and all
consequences under private and criminal law, any and all costs and any legal prosecution, domestically and
abroad. Where there is more than one Charteree, these shall be jointly and severally liable. The Charteree shall
be fully liable for damage that has a causal connection with misrepresentations concerning his ability to sail the
IX. Charterer's liability
The Charterer shall itself be liable under the Charter Agreement for loss or damage to the property of the
Charteree or the crew or for accidents only if it has acted willfully or negligently, but not for sovereign decrees,
force majeure etc. The Charterer shall be liable for damage caused by imprecision, changes or errors in the
nautical materials provided such as sea charts, handbooks, compass, radio direction finders etc. only if it has not
expressly notified the Charteree or responsible skipper upon transfer of possession of the yacht of this possibility
and of his joint duty to inspect same. However, compensatory damages claims based on liability for damage
based upon injury to life, limb or health due to a wilful or negligent breach of duty and for other damage based on
a wilful or grossly negligent breach of duty by the Charterer shall remain unaffected by any and all agreements
. X. Insurance (chartered yacht)
Hull insurance is in place for the chartered yacht for property damage to the boat and equipment and flat liability
insurance without any excess for personal injury and property damage up to the level specified in Item X of the
charter-contract. Personal injury as a result of accidents on board, damage to items brought onto the boat by the
skipper and crew and damage caused by wilful or grossly negligent conduct shall not be covered by such
insurance, meaning that, generally speaking, the Charteree rather than the Charterer shall be liable therefor in the
event of fault. Taking out of hull insurance shall not result in any liability indemnity of the Charteree by the
Charterer for damage that the insurer does not assume due to willful conduct, gross negligence or abuse of the
provisions of the Charter Agreement (e.g. deviating from the agreed shipping route) or with respect to which the
hull underwriter may itself claim damages. The chartering shall take place according to the legal provisions in
place in the charter shipping route.
XI. Bond (provisions, particularities)
Unless agreed otherwise, the Charteree shall deposit upon transfer of possession onsite a bond pursuant to Item
X of the charter-contract. The bond shall be deposited in cash or by credit card. He shall be liable for damages
per charter-cruise up to a maximum equivalent to this amount exclusively for property damage to the chartered
yacht and its accessories, lost equipment and theft for which he or his crew have been found to be at fault; this
shall not apply to any decrease in value as a result of normal wear and tear. In the event of force major and theft,
this shall apply only if and to the extent that the risk has been culpably increased (e.g. going out during a storm
warning). The bond shall be payable in cash or by credit card upon transfer of possession of the yacht or in
advance by electronic transfer and shall be due for immediate reimbursement upon repossession of the yacht if
the charter has taken place without any damage. If repairs may or should be performed only at a later time and if
it is foreseeable based on the assessment of the level of the damage that the expense will be less than half of the
amount deposited, then at least half shall be immediately due for reimbursement.
XII. Other agreements, miscellaneous, notices
1) Price list, deviations, modifications In the event of doubt or uncertainties, the prices pursuant to the respective
applicable price list of the Charterer shall apply. In the event that taxes, fees or duties included in the charter price
are increased or reduced by operation of law without the parties having any influence thereon, the Charterer and
the Charteree hereby declare that they agree to a corresponding adjustment of the Agreement.
2) Differing charter agreements/second agreements to be executed onsite Due to the provisions applicable in the
Charterer's country, it may be that the Charteree must have a charter agreement on board drafted in the language
of the guest country.
3) Legal categorisation / liability of the parties (agent/Charterer/organiser): Should the Charter Agreement be
concluded via a charter agency, such charter agency shall act as agent between the Charteree and Charterer.
The brokering agency shall be liable only in the context of the duties and responsibility of an agent under the
contractual relationship in place with the Charteree. In this Agreement and in any future contractual modifications
and unilateral declarations by the Charteree to the Charterer, the agent shall act as authorised representative in
the name and for the account of the respective Charterer and shall be authorised to collect receivables.
XIII. Final provisions (applicable law, severability etc.)
The Charteree and Charterer declare in agreement with the agent that any further agreement executed onsite
between the Charterer and Charteree shall have no effect for or against the agent as far as its responsibility in
relation to specific use of the chartered yacht is concerned. Oral commitments or ancillary agreements shall be
applicable for both parties only following written confirmation. Should individual provisions of this Agreement be
void, invalid or of no legal effect, the validity of the remainder of the Agreement shall remain unaffected thereby.