Your Yacht Charter from Austria

General Terms and Conditions

General Terms and Conditions

General charter conditions

I. Duties of the charter company

The charter company undertakes to the charterer:

1. to hand over the charter yacht on the agreed date after full payment of the charter price in a seaworthy, age-appropriate maintenance and technical condition.

2. to hand over the on-board documents specifying the permitted sea area covered by the insurance and the travel times.

3. Reimbursement of downtime if the charterer can no longer use the yacht due to a defect. No reimbursement will be made if the charterer is responsible for the failure himself (e.g. due to damage caused by him).

4. Be available to the charterer during the charter period by telephone or radio at least during normal office hours.

II. Service disruptions (charter contract)

1) Charterer's Rights

a) If the charter company does not make the charter yacht available at the latest 8 hours after the contractually agreed time, the charterer is entitled to a proportionate reduction in the charter price for the downtime per commenced day. The same applies to necessary repairs, regardless of whether the charter company is at fault. The charterer can also opt to withdraw from the contract with full reimbursement of the payments made if more than 24 hours have passed since the agreed handover date; this period is extended to 48 hours for a charter duration of at least 10 days. However, the charter company is primarily entitled to provide a reasonable replacement yacht that also meets the needs of the charterer and is objectively equivalent. If it is already clear before the start of the charter that the ship will not be available and cannot be handed over on time and that there is also no replacement yacht that meets the needs of the charterer and is objectively equivalent, the charterer has the right to withdraw from the contract before the start of the charter to resign.

b) If the charter company is not responsible for the disruption in performance, there are no further claims against the charter company with regard to compensation for indemnification of the charterer for consequential damage (e.g. travel / accommodation costs); However, the latter assigns any claims for damages from the title of consequential damage against third parties to the charterer. A prerequisite for a reduction in the charter price or a withdrawal from the yacht charter is that the charterer is a representative of the Immediately reports any defects at the berth after they become known and the relevant defects have been confirmed in writing by the charter company commissioning there. The charterer must then assert claims from reduction and withdrawal by unilateral declaration to the charter company in writing (preferably by registered letter) no later than 14 days after the end of the charter and justify them accordingly). The charter company must inform the charterer immediately about such occurrences and the possible consequences inform. If an early check-in was booked for an additional fee and confirmed by the charter company, the charter company will do everything possible to meet the agreed check-in time. Due to the possibility of unforeseen events (e.g. late return by the pre-charterer, necessary repairs on the ship), the agreed check-in time cannot be guaranteed. If the agreed check-in time is exceeded, the additional fee paid will be refunded. Further claims by the charterer are expressly excluded.

2) Cancellation regulations: If the charterer withdraws from the charter contract, the following agreed cancellation costs apply. For cancellations up to 90 days before the start of the charter, 50% of the charter price. From 90 days 100% of the charter price. If the charterer cannot start the trip, he must inform the charter company of this immediately in writing, by fax or by e-mail. Whereby it depends on the time of the corresponding access at the charter company. The conclusion of a charter cancellation insurance is therefore expressly recommended.

3) Right of the charter company: If the return does not take place no later than 2 hours after the contractually agreed time of handover, he can request the charterer to continue paying the charter price for each started day. The charterer is obliged to guarantee a punctual return. He has to take into account the usual local wind and weather conditions in advance, include weather-related difficulties in his planning and keep the yacht in sufficient proximity to the return location. In the event of corresponding fault or unauthorized action, the charter company can claim compensation. This does not apply if due to dangerous weather / sea conditions (sudden deterioration) a timely return in the sense of a risk limitation is not possible. If the charterer leaves the charter yacht at a different location than the agreed place of return, he bears the costs of repatriation by sea or land. The charter company must be informed immediately in all cases.

III. Takeover of the charter yacht

The charterer takes over the yacht at his own risk. The charter company or his agent hands over the charter yacht to the charterer ready to sail and otherwise in perfect condition, cleaned inside and outside, with attached gas bottle (+ reserve bottle) and full of fuel. The condition of the ship, all technical functions (in particular sails, lights and engine) and the completeness of accessories and inventory are checked in detail by both contracting parties as part of a briefing using an equipment list and a checklist. After the functional check of the holding tank at check-in, no complaints about blocked holding tanks during the charter or at check-out will be agreed. The charter company guarantees that the yacht and its equipment meet the requirements of the laws and regulations applicable in the agreed charter region. The seaworthiness of the charter yacht and equipment will then be bindingly confirmed by both parties prior to handover. After this point in time, objections can no longer be successfully asserted. The charterer may only refuse to take over the yacht if the seaworthiness is significantly reduced, and not if there are only minor deviations or defects.

IV. Charterer's Obligations

The charterer has the following obligations towards the charter company:

  1. If the down payment is not made within 10 days after the contract has been sent (date according to the charter contract), the charter company can withdraw from the contract.
  2. to name all crew members at least 4 weeks before the start of the charter (create the crew list).
  3. to have the ship ready for check-out at the agreed return point 1-2 hours before the contract expires.
  4. not to extend the agreed charter duration without agreement with the charter company.
  5. to keep the yacht in sufficient proximity to the return port in the last 24 hours before the end of the charter, so that timely arrival is guaranteed even in adverse circumstances (bad weather, blowing in, etc.). Weather influences do not affect the obligation to return the goods on time, unless there is a case of force majeure. If the return is expected to be delayed, the charter company must be informed immediately.
  6. To notify the charter company immediately if the trip has to be ended at a location other than the return port. In this case it is the responsibility of the charterer to take care of the ship or to have it taken care of by sufficiently qualified persons until the charter company can take over the ship. The charter only ends with the takeover, the charterer has to bear the resulting costs.
  7. To treat the charter yacht and equipment carefully and in accordance with the rules of proper seamanship.
  8. to familiarize oneself with the technical and all other equipment of the yacht before the start of the trip, to observe the operating instructions on board and to inform in detail about the special features of the sailing area (currents, changed water levels in strong winds, downwinds, jet effects, etc.).
  9. Carry out regular inspection and maintenance measures, in particular checking the oil level and cooling water level of the engine daily, checking bilges daily and, if necessary, maintaining them.
  10. Any grounding must be reported immediately and, if there is any suspicion of damage to the charter yacht, the next port must be called immediately and an examination by a diver and immediate consultation with the charter company and, if instructed to do so, cranes or landing on the boat. In the event of an average or an accident, an exact description of the course of events must be prepared, which must be confirmed by the port captain, doctor or the police and this protocol must be handed over to the charterer when the yacht is taken back.
  11. Observe special wind and weather conditions, and exercise particular caution when driving at night.
  12. to enter and leave ports with machines only, but only to drive under machines to the extent and as long as this is necessary (but never with sails with a heel of more than 10 degrees)!
  13. to enter the charter yacht only with suitable, clean and non-staining boat shoes.
  14. To grant towing assistance to others only in an emergency, to have the charter yacht towed only in an emergency, to use your own ropes / lines, only to be attached to cleats, winches or mast base and not to make any agreements on towing and recovery costs, unless the Otherwise, the helper refuses to help.
  15. To observe the legal provisions of the countries of residence and transit or host countries, to inquire in advance about any necessary licenses or driving authorizations.
  16. Always declare in and out properly and pay any harbor fees properly.
  17. Report the theft of the yacht or its accessories immediately to the nearest police station and hand over the protocol to the charter company when the yacht is taken back.
  18. not to pass the charter yacht on to third parties or to sublet it.
  19. not to make any changes to the ship or equipment.
  20. It is prohibited without the prior written consent of the charter company: - to carry undeclared dutiable goods or dangerous goods or substances - take part in regattas - to leave a sheltered harbor with wind strengths of constant 7 bft. From a wind speed with announced peak gusts of more than 25 knots, the instructions of the base manager must be obeyed as to whether it is allowed to sail or whether it must be put on. If the request is not obeyed, all claims from resulting damage against the charter company and the insurance company are void. The battery must be charged daily, using shore power or by running the engine at idle (e.g. for a refrigerator). Only as many crew members may be taken along as agreed in the charter contract and / or permitted for the chartered yacht.
  21. The charter company has the right to limit the sailing area in the event of unsafe / unusual navigation conditions or to prohibit night driving. The charterer or skipper is responsible for the management of the yacht and is liable to the charter company or insurer for damage resulting from disregard of the necessary rules of conduct. The crew members are considered as vicarious agents of the charterer and / or skipper under this contract.

V. Taking back the charter yacht

The charterer hands over the charter yacht to the charter company or his agent, ready to sail, stowed according to the checklist, cleaned inside and outside, with connected gas bottle (+ reserve bottle) and full of fuel. The charter company is entitled to replace used and not refilled material (e.g. fuel) at the expense of the charterer and to determine the costs as a lump sum. The charterer is required to bring the charter yacht to the berth in good time (at least 1-2 hours before the return time) so that a detailed check-out and cleaning is possible. Both parties jointly check the condition of the ship and the completeness of the equipment. If there is any suspicion of damage to the yacht, the charterer must inform the charter company of this and immediately report any lost, damaged or non-functional equipment upon return. Charterers and charter companies draw up a list of defects and losses and then use this and the checklist to draw up a protocol that is binding once both parties have signed. The type, scope and amount of damage, which can or should only be remedied at a later point in time and, if necessary, after the charter yacht has been used, must be precisely documented and binding for both parties.

VI. Damage (to the charter yacht)

Consequences of damage, behavioral obligations, liability The charterer must immediately notify the charter company of damage, collisions, accidents, maneuverability, operational disruptions, confiscation of the yacht or other incidents. Like the charter company, the charterer must always be available for instructions or questions. The charterer must do everything to reduce the damage and its consequences (e.g. failure). If the damage cannot be repaired on site, the charterer can be obliged to return early at the request of the charter company. The charterer bears the costs of repairing property damage to the charter yacht or to equipment culpably caused by the charterer, the skipper or the crew up to the amount of his deposit. Damage beyond this is covered by the comprehensive insurer, unless otherwise , Skipper and / or crew act willfully or with gross negligence or violate the provisions of the charter contract. Which are causally related to the damage event that has occurred.

VII. Otherwise liability of the charterer

The charterer is liable for all damage caused culpably by him or his crew to third parties as well as to the charter yacht, its equipment or accessories, in particular for such damage as a result of incorrect operation or inadequate maintenance (if and to the extent that this is the task of the charterer) of those on board Aggregates are due. In the event of willful misconduct or gross negligence, he is also liable for claims made by the comprehensive insurance company (recourse). If and to the extent that he is at fault. The charterer is also liable for all consequential and failure damages. If the charter company provides a professional skipper, he is responsible for the management of the yacht and is liable for damage caused by him, but not for damage caused by the guests. For willful or grossly negligent behavior of the charterer or his crew, for which the charter company is made liable by a third party, without the latter being in any form (partly) to blame, the charterer holds the charter company from all private and criminal consequences, free of all costs and prosecutions at home and abroad. Several charterers are jointly and severally liable. The charterer is fully liable for damage that is causally related to false information about the ability to navigate the ship.

VIII. Insurance (charter yacht)

For the charter yacht, there is comprehensive insurance for property damage to the ship and equipment, as well as liability insurance without excess for personal injury and property damage. Personal injury due to accidents on board, damage to objects carried by the skipper and crew, as well as damage caused intentionally or through gross negligence are not covered by this insurance, so that in principle it is not the charter company but the charterer himself who is liable for this in the event of corresponding fault. The conclusion of a comprehensive insurance does not lead to an exemption from liability of the charterer by the charter company for damages which the insurer does not take over due to intent, gross negligence or disregard of the regulations of the charter contract (e.g. exceeding the agreed shipping area) or for which the comprehensive insurer takes recourse can. The chartering takes place in accordance with the legal provisions existing in the charter area.

IX. Deposit (regulations, special features)

Unless otherwise agreed, the charterer will deposit a deposit according to the charter contract upon handover on site. The deposit must be paid in cash or by credit card. Up to this amount, he is only liable for property damage to the charter yacht and its accessories, lost equipment and theft that was caused by him or his crew; this does not apply to depreciation due to normal wear and tear. In the event of force majeure, this only applies if and to the extent that the risk has been culpably increased (e.g. expiry in the event of a storm warning). The deposit is due for repayment immediately when the yacht is taken back and the charter is free of damage. The charterer is aware that the credit card operator may charge additional expenses when settling a deposit damage by credit card and that these additional costs are borne by the credit card holder. The charterer is also aware that the deposit will be debited from the credit card in the local currency at the current rate and this can lead to differences in the invoice.

X. Further agreements, general information, information

Legal classification / liability of those involved (broker / charter company / organizer): The charter company has fulfilled its contractual obligation if and as soon as the ship is available to the charterer at the agreed location at the contractually agreed upon. The risk of the ship being inaccessible or the inability to use the ship made available as agreed (e.g. illness, force majeure, etc.) is borne solely by the charterer. Liability of the mediating agency / broker occurs exclusively within the scope of the tasks and responsibility of an agent from the contractual relationship with the charterer for the brokerage of a charter yacht. A liability of the agent only exists if the charterer suffers damage as a result of the agent's fault (intent; gross negligence), as a result of providing incorrect information to the charterer or as a result of the yacht charter not being concluded due to a lack of brokerage activity. Any claims for damages from the yacht charter itself are directed against the charter company, the rights and liabilities established from the yacht charter only arise between the charter company and the charterer. Claims for damages against the charter company must be made in writing (preferably by registered letter) no later than 14 days after the end of the charter. Later claims cannot be recognized. Furthermore, claims for damages can be processed if the charterer reports any damage to the berth immediately after it becomes known to an agent of the charter company and reports the relevant damage Facts that have been confirmed in writing by the charter company commissioning there. Claims for damages are limited to a max. Amount of the charter price. In this contract, as well as any future changes to the contract and unilateral declarations by the charterer to the charter company, the agent acts as an authorized representative in the name and for the account of the respective charter company and is entitled to collect.

Important: using the plotter

We would like to point out that the plotter is only used as a navigation aid. In principle, navigation must be based on the nautical charts on board. The common case law of most countries also sees it this way. Misconduct can have liability consequences for the responsible skipper.

Loss of personal belongings

The charter company is not liable for personal belongings lost or forgotten after the trip.

X. Final provisions (applicable law, severability clause)

Charterer and charterer declare in agreement with the broker that a further contract signed on site between the charterer and charterer has no effect for and against the broker as far as his responsibility with regard to the specific use of the chartered yacht is concerned. Oral commitments or side agreements are only effective for both parties after written confirmation. If individual provisions of this contract are void, invalid or legally ineffective, this shall not affect the validity of the rest of the contract. Only Austrian law applies. The place of performance and jurisdiction is A-8600 Bruck an der Mur. The charterer confirms to the deadline set out under II.1.b) and X. Formal requirements regarding the assertion of claims for damages, Resignation and reduction of having been advised.

XI. Covid-19 special regulation

In the case of a border closure or an unreasonable quarantine regulation (more than 5 days and free testing through a Covid test is not possible) both in the holiday country and in the home country, the charterer can cancel free of charge no earlier than 8 days before the start of the charter and the amount
paid will be refunded without deduction .

Data protection

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