Imprint

CheckSailing.e U.
Owner: Kathrin König
Ilse-Arlt-Strasse 4/58
A-1220 Vienna

Yacht charter

FN: 484121

H: +43 676 3713221
M: office@checksailing.com
W: www.checksailing.com

UID:
ATU73135412

Member of the WKÖ, Specialist Group Vienna of leisure businesses
Division tourism and leisure industry

Professional Law: Trade Regulations: www.ris.bka.gv.at
District Commission Vienna

Consumers have the option of complaining to the EU’s online dispute resolution platform
http://ec.europa.eu/odr

You can also address any complaints to the address given above.

Data protection

Copyright, All Rights Reserved.

Any duplication, except for private use, in particular retransmission in any medium in whole or in part requires the written consent of “CheckSailing”. In the case of contents published with the consent of third parties, their consent must be obtained in addition.

Terms and Conditions CheckSailing

1.Charter price

The charter price includes the use of the yacht and its facilities as well as the mentioned extras and additional costs. The price does not include port and other fees as well as fuel, gas, water and all expenses which are necessary for the proper operation and maintenance of the yacht during the charter. Mistakes in the calculation of the charter price do not entitle to the withdrawal of the contract, but can be corrected according to the valid price list. Deviations of the equipment of the yacht from sent equipment or inventory directories do not entitle the charterer to deductions, as long as the essential equipment for safety and the driving ability of the yacht are present.

2.Arrival

The journey until charter entry is not part of this contract. If the start of the charter is delayed due to the delayed arrival of the charterer or a crew member, there is no entitlement to reimbursement. The travel agency laws and regulations are not valid for the booker and his crew.

3.Cancellation by the Charterer

a) The period for which this contract has been concluded can only be changed with the agreement of the organizer and according to the possibilities.
b) If the charterer resigns until 8 weeks before the beginning of the charter, all payments made so far remain with the charter company. If the contract is canceled within 8 weeks before the start of the charter, the full charter amount is due, unless the yacht can be chartered elsewhere. In this case it remains with the compensation of 30% of the charter sum. All payments are free of charge. The other terms of payment are to be taken from the charter contract. We recommend a travel cancellation insurance.
c) If the organizer is unable to provide the yacht or a suitable replacement (which includes a type similar in size and equipment to the originally chartered yacht) no later than 48 hours after the agreed date, the charterer shall have the right to terminate the contract to cancel. In this case, the organizer has to reimburse the payments made by the charterer. Further claims of the charterer do not exist. If it is already clear prior to the start of the charter that the yacht will not be available on time, the agency undertakes to inform the charterer as soon as it has knowledge of it.
d) Failure or inaccurate readings of measuring instruments or other equipment shall not entitle the charter or financial claims to commence or terminate if correct navigation is possible using classical navigation methods and the safety of the ship and crew is not endangered.

4.Takeover of the yacht

The organizer undertakes to instruct the skipper in detail at the time of takeover of the yacht, at the same time checking the presence of all equipment, using a checklist. The takeover of the yacht takes place on the basis of a detailed inventory list and is considered complete when the charter fee has been paid fully, the deposit has been made and the inventory list is signed by the charterer. With the exception of hidden defects, the Charterer confirms with his signature on the checklist that he has taken over the yacht in good, seaworthy condition, clean, fully fueled (water, fuel) and equipped in accordance with the regulations.

5.Insurance and deductible

a) The yachts are liable and also fully insured. The amount of the deductible is stated on the front of the charter contract.
b) The insurance does not cover any accidents of accompanying persons as well as loss or damage of their personal belongings as well as damages through intent and gross negligence. Furthermore, the insurance does not cover: – Damage to the machinery, technical and nautical equipment, as well as their damage due to inadequate or incorrect operation. In case of damage due to force majeure, the charterer is liable up to the amount of the deductible. We recommend the conclusion of appropriate insurance (accident, health and luggage insurance).

6.Use of the yacht, obligations, damages

a) The charterer / skipper declares to use the yacht, taking into account good seamanship and in compliance with the legal provisions and regulations of all visited countries.
b) The charterer or the skipper nominated by him commits himself further:
* carry only the maximum number of persons allowed and communicate any change of crew to the competent authorities,
* not to use the yacht for business, transportation, passenger transport or professional fishing, nor to charter the yacht,
* not to participate in races, except with the express consent of the organizer,
* Carefully keep the log, including weather reports and current weather conditions,
* on a sailing yacht, do not run the engine in side position and only drive under engine as long as necessary
* only leave a motor yacht from a sheltered harbor if the weather forecast and sea conditions allow it, and a sailing yacht does not provide a sheltered harbor to leave hot winds starting at 7 Bft,
* The charterer / skipper also undertakes to indemnify and hold the organizer harmless in respect of all claims of third parties caused by him in connection with the use of the yacht.
c) In the case of damage to the yacht due to normal wear and tear of material, the charterer / skipper is entitled to arrange repair or replacement if the amount does not exceed € 115, -. This issue will be refunded upon return upon presentation of the invoice, unless the damage is due to a mistake or negligence on the part of the charterer / skipper or his crew. Replaced parts must be kept.
d) In the case of major damage, as well as in case of a breakdown, possible delay, loss or inability to operate the yacht, the organizer must be informed immediately. The charterer / skipper has to do everything necessary to reduce the damage and consequential damages (such as downtime, etc.) and, in agreement with the organizer, to commission, document, monitor and pay for any repairs required. The charterer / skipper also has one Damage report to be made and confirmed by the competent authorities. If the charterer / skipper does not fulfill this formality, he can be used to pay for the damage in full. This also applies in the event of confiscation of the yacht due to the fault of the charterer / skipper. Is there any reason to suspect damage to the yacht underwater is the nearest port to initiate the investigation by a diver or cranes at their own expense.
e) The theft of the yacht or equipment needs to be reported at the nearest Police station.
f) Changes to the yacht or its equipment may not be made unless they are required to remedy any damage.
g) The transport of animals is only permitted with the consent of the local charter company.
h) In the case of towage aids, the payee is to be agreed on before accepting the assistance. Unless the costs are covered by the insurance, the charterer is liable to pay the full amount.

7.Return of the yacht

a) The charterer must return to the agreed port at the time specified in this contract, unless otherwise agreed in writing. Timing must also take into account as well as bad weather or other adverse circumstances. If the charterer can not bring back the yacht himself, he must notify the organizer and have the yacht returned by a person designated by him, at his own expense and risk. Until acceptance by the latter, the charterer agrees to leave a sufficiently qualified person on the ship. The charter contract is only completed after the proper return of the yacht.
b) Each day of delay entails a compensation payment equal to twice the daily tariff of the charter fee.
c) Upon his return, the charterer must make an appointment with the local charter company for the return of the yacht. Until this point, the entire crew including their luggage must have left the yacht. The time for cleaning and inventory is part of the rental period stipulated in the contract.
d) If the yacht is not thoroughly cleaned on return, the organizer is entitled to have the cleaning carried out at the charterer’s expense. If the “final cleaning” is included in the charter price, this means that the charterer has to hand over the yacht “swept clean” and with clean dishes.
e) If the yacht and its equipment are handed over in good condition, clean, complete and fully fueled (water, fuel), the deposit will be refunded to the charterer. This is also a protocol written (checklist), which is binding by signing by charterer and the local charter company.
f) Loss of yacht equipment and damage must be paid by the charterer upon return. For this purpose, the deposited deposit is used.
g) If repairs are necessary, the charterer must return early after consultation with the local charter company so that the repair can be carried out before the beginning of the following charter. If the damage is caused by the organizer, the charter fees for the downtime will be refunded. Further claims for compensation (eg accommodation costs) of the charterer are excluded.
h) If the damage or loss is an insured event, the return of the deposit will be deferred until the payment by the insurance company. The refund will be made after deduction of the deductible and any additional costs caused by the claim, such as As expenses, travel expenses, supervision, protocols, etc.
i) Claims for damages of the charterer to the local charter company must be made in writing upon return of the yacht and must be submitted in writing to the organizer (directly or through his agency) at the latest 14 days after the end of the charter. Later claims can not be accepted.

8.Foreign contracts

If, in addition to the english contract, the signature under a foreign contract (eg, Greece) is required, any additional points from this contract apply insofar as it relates to statutory provisions of the country.

9.Reservations of the Local charter company

The local charter company reserves the right to limit the shipping area in case of unsafe or unusual navigation conditions or to declare a night sail ban and declines all responsibility for the consequences of disregard of these restrictions by the charterer / skipper. The sailing area may only be exceeded with the express consent of the organizer. Restrictions for safety reasons are allowed.

10.Liability and jurisdiction

All disputes between the charterer and the local charter company must be settled directly between these contractual partners. Any existing arbitration boards are responsible and courts at the seat of the organizer. The agency acts as an intermediary between the charterer and the organizer and is solely responsible for the tasks and responsibility of an intermediary. Further claims can not be asserted by the charterer or the organizer. If individual parts of this contract are void or ineffective, the unaffected contractual parts remain valid. Additional agreements or changes must be confirmed in writing.