General Terms and Conditions - AGB
The charter price includes the use of the yacht and its facilities, as well as the extras and incidental expenses listed in the charter contract. The price does not include harbour and other fees, fuel, gas, water and all expenses necessary for the proper operation and maintenance of the yacht during the charter.
In principle, the prices according to the respective valid price list of the charter company apply, which were made known to the charterer before the conclusion of the charter contract. In the event that the charter company only acts as an agent, the charter company shall be bound by price increases on the part of the respective organiser or owner of the charter yachts; such price increases may also occur after the respective valid price lists of the charter company are available.
If the prices are increased by the yacht owner/organiser in such cases, the charterer undertakes to pay this increased price as well. The charterer has the right to withdraw from the contract in writing within 14 days, without this entailing any claims for damages on the part of the charter company.
In the event of a subsequent price reduction due to the influence of the shipowner or the provider, the charter company undertakes to pass on such a price reduction to the charterer without any reduction.
In this sense, the same applies if taxes, fees or charges included in the charter price increase or decrease without the charter company having any influence on this or if these changes were influenced by the charter company.
Minor deviations in the equipment of the yacht from any equipment or inventory lists sent shall not entitle the Charterer to deduct from the price if these deviations are reasonable for the Charterer. This applies in particular if all essential equipment necessary for the safety and navigability of the yacht is present.
The journey to the start of the charter is not part of this booking. If the start of the charter is delayed due to the late arrival of the charterer or a crew member, there is no entitlement to reimbursement of costs.
If the charterer withdraws from the charter contract, the following cancellation costs (based on the charter price) shall be incurred. No cancellation costs will be charged for services that are also omitted due to the cancellation of the charter. In the event of cancellation up to 90 days before the start of the charter, the cancellation fee is 50 % of the total charter price. In case of cancellation from the 90th to the 61st day before the start of the charter, the cancellation fee is 75 % of the total charter price. Cancellation within the last 60 days before the start of the charter, the cancellation fee is 80% of the total charter price.
- The period of time for which this booking has been concluded can only be changed with the consent of the organiser and subject to the possibilities; a change of booking by mutual agreement is possible at any time.
- Failures or inaccurate readings of gauges or other equipment do not entitle the charterer to not commence or to terminate the charter or to claim financial or other damages if correct navigation using classical navigation methods is possible and the safety of the vessel and crew is not endangered.
- If the organiser is unable to provide the yacht or a suitable substitute (this is to be understood as a type similar in size and equipment to the yacht originally chartered) within 24 hours of the agreed time (in the case of one-week charters) or 48 hours (in the case of multi-week charters), the charterer has the right to cancel the booking. In this case, the organiser shall refund the payments made by the charterer. Further claims of the Charterer shall not exist, unless this circumstance (default of performance of the charter company) is caused by the charter company intentionally or by gross negligence. If it is already clear before the start of the charter that the yacht will not be available on time, the charter company undertakes to inform the charterer of this as soon as he is aware of it. In this case, the Charterer may cancel the booking before the charter begins; any payments made up to that point will be refunded to the Charterer.
3.1.) Cancellation policy valid for the season 2021 - 2022 ("COVID Terms")
The charterer may cancel the charter up to 60 days before the charter date without giving reasons. In this case, the charterer can choose between the following regulations:
- Refund of charter price paid within 180 days of cancellation. The charter company retains 15% of the charter price (minimum € 350.00) as administrative compensation; OR
- Rebooking of the charter to a later date (2021 and 2022 season) on one of the yachts from the Marina & Yachting fleet in Croatia, subject to availability. Any difference in price to the new charter date will be added by the charterer or credited by the charter company, whichever is applicable; OR
- A credit note for the amount paid for the - cancelled - booking, to be used for a future booking with Marina & Yachting; this credit note is valid for 2 years and is renewable at the charterer's request.
The same regulations apply in case of a cancellation within 7 days before the charter date, if this cancellation happens in connection with COVID-19, e.g. border crossing to Croatia and/or the transit countries closed, a quarantine order of at least 7 days in the home country without the possibility of averting this by a PCR test, and the like.
The organiser undertakes to provide the charterer/ skipper with a detailed introduction to the yacht on handover of the yacht, with simultaneous checking of all technical functions and the presence of all items of equipment on the basis of a checklist. The handover of the yacht shall take place on the basis of a detailed inventory list and shall be deemed to be completed when the charter fee has been paid in full, the deposit has been paid and the inventory list has been signed by the Charterer. With the exception of hidden defects, the discovery of which is not possible when taking over the yacht through no fault of the contractual partners, the Charterer confirms with his signature on the checklist that he has taken over the yacht in good, seaworthy condition, with a full tank of fuel and in accordance with the contractual provisions. The yacht shall also be returned by the Charterer at the end of the charter with a full tank.
The insurance premium (third party and fully comprehensive insurance) is included in the charter price. The insurance does not cover accidents of accompanying persons or loss of or damage to their personal belongings. A prerequisite for insurance coverage in the event of damage is that the damage was not caused by gross negligence or intent and that the insurance company accepts the obligation to pay benefits.
The charterer or the skipper appointed by him undertakes:
- Carry only the maximum number of persons permitted and notify any change of crew to the competent authorities
- Not to use the yacht for business, transport, passenger transport or professional fishing, or to charter the yacht out.
- Not to take part in races or regattas without the written consent of the charterer/organiser.
- Keep the logbook including weather records of weather reports and the current weather situation
- On a sailing yacht, not to run the engine when in position and only to sail under engine power for as long as necessary.
- Comply, as far as possible, with the regulations governing safety at sea and with the regulations in force in the area concerned.
- The charterer/skipper shall be liable to the organiser in respect of all claims by third parties caused by him intentionally or through gross negligence in connection with the use of the yacht
- The charterer/skipper declares that he has been expressly informed of this obligation to pay damages
- For claims of third parties which are brought to the attention of the organiser/charterer due to slight or ordinary negligence on the part of the charterer, the charterer shall be liable in accordance with the provisions of the ABGB.
- The charterer/skipper declares that he has also been expressly informed of this fundamentally possible obligation to pay damages
- In the event of damage to the yacht due to normal wear and tear of materials, the Charterer is entitled to arrange for the repair or replacement if the amount does not exceed 150.00 Euros. This type of expense will be paid back on return after presentation of the invoice if the damage is not due to a fault or negligence on the part of the charterer or his crew. Replaced parts shall be kept as evidence.
- In the event of major damage as well as averages, possible delay in returning to the agreed end of the charter, loss or inability to manoeuvre the yacht, the organiser must be notified immediately. The Charterer shall do everything possible to minimise the damage and consequential damage and, in consultation with the Organiser, commission, document and supervise any necessary repairs and make payment. The right to compensation shall remain unaffected by this. The Charterer shall also draw up a damage report and have it confirmed by the competent authorities, if this is possible on site. If the charterer fails to comply with these formalities, he may be held liable for damages or liability if this culpable omission causes damage to the organiser / charter company. This applies in the event of confiscation of the yacht due to the fault of the charterer / skipper. If there is reason to suspect damage to the yacht in the underwater area, the next harbour must be approached and an investigation by a diver, crane or launching must be arranged at the owner's own expense. In the event of damage to the yacht in the underwater area for which the charterer/skipper is not responsible, the costs incurred as a result shall be reimbursed by the organiser.
- Theft of the yacht or its equipment must be reported to the nearest police station.
- No alterations may be made to the yacht or its equipment unless this is absolutely necessary to repair damage.
*Animals may only be taken on board with the consent of the organiser and in compliance with local laws.
The Charterer must return to the agreed port at the time specified in this booking/charter agreement unless otherwise agreed in writing in advance. Bad weather or other adverse circumstances must also be taken into account when scheduling. If the charterer/skipper cannot return the yacht himself for the above reasons, he must inform the organiser in good time. In the event that the charterer/skipper is responsible for the delay due to non-compliance with the above circumstances, he/she must have the yacht returned by a person appointed by the organiser at his/her own expense.
- Each day of delay will result in a compensation payment of up to twice the daily rate of the charter fee.
- Upon return, the Charterer must arrange a date with the Organiser for the return of the yacht. The time for cleaning and inventory is part of the rental period stipulated in the booking.
- If the so-called final cleaning is included in the charter price, this means that the charterer has to hand over the yacht "broom-clean", and with clean dishes.
- It is expressly agreed between the contracting parties that the deposit to be paid at the start of the charter in the amount of the deductible of the fully comprehensive insurance of the vessel serves to cover damage, loss or other depreciation culpably caused by the Charterer or his crew. If the yacht and its equipment are returned on time and in good condition, clean, complete and with a full tank of fuel, the deposit paid will be refunded to the Charterer. A record of this will also be drawn up, or the fact of the refund will be recorded on the checklist, which is binding when signed by the charterer and the organiser.
- If repairs are necessary, the Charterer must return early enough, after consultation with the Organiser, so that the repair can be carried out before the start of the following charter
- If the damage to the yacht or the loss of equipment is covered by the insurance contract, the return of the deposit shall be postponed until the insurance company provides compensation. If the damage to the yacht or the loss of equipment is culpably caused by the Charterer, the refund will be made after deduction of the deductible and all additional costs caused by the damage. Further mutual claims of the contractual partners according to the applicable Austrian law remain unaffected by this.
It is expressly stated between the contracting parties that currently for charter contracts in Greece, in addition to the German language booking, the signature of a Greek charter contract is also required. This requirement of Greek organisers/ship owners or Greek authorities is covered by the currently applicable EU law. The charter company undertakes to point this out to the charterer at the beginning of the first contract or booking negotiations. If a German/English authentic translation cannot be provided, the Charterer is not obliged to sign such a contract; however, he/she acknowledges that without a signature under the foreign contract, a booking is not legally effective, therefore a contract is not concluded in this case.
The Organiser reserves the right to restrict the navigation area in the event of unsafe or unusual navigational conditions or to impose a night navigation ban and declines all responsibility for the consequences of the charterer/skipper disregarding this restriction.gle Content
All disputes arising from the charter contract shall be subject to Austrian law. If the charter company acts as an agency, it shall act as an intermediary between the charterer and the organiser and shall be liable exclusively within the scope of the duties and responsibilities of an intermediary. The charter company shall expressly draw the attention of the charterer to the fact that the charter company is not the organiser or owner of the ship; this shall be stated in suitable text on the booking/charter contract. Claims for damages by the charterer against the charter company arising from this constellation shall remain unaffected by this.Toggle Content