General Conditions pl
General Charter Terms
FEE - includes: putting the yacht into service at a specified time, place, for a specified time as indicated in the contract. This fee does not include the tourist tax, fuel charges, water and electricity charges as well as port charges for stopping the yacht outside the home port. As part of this fee, the yacht is handed over to the customer in working order, ready for navigation with full water and fuel tanks and clean. In the same condition it should be returned after the end of the charter.
PAYMENTS - In order for the yacht to be transferred to the Customer, it must make the payment of the full charter fee in accordance with the dates specified on the Customer Account of the Yachteam.eu website and specified in the contract.
DEPOSIT - a deposit is a standard returnable deposit charged for any defects of the yacht and its equipment or its loss, that arose during the voyage due to the fault of the Customer. It should be deposited by the customer before transferring the yacht on him, usually in cash in Euro or by credit card. The deposit will be refunded in full if no damage or loss is recorded on the boat after returning it. In the event of damage or loss of equipment, some part of the yacht or the yacht itself, the cost of repair / purchase of the part will be charged from the deposit. In the event that the failure prevents the yacht from departing on subsequent voyages, funds will be collected from the deposit in the amount corresponding to the shipowner's losses as a result of not drawing all or part of the next charters.
ARMATOR'S OBLIGATIONS - It is the Owner's responsibility to provide the Customer with a yacht fully equipped, capable of navigation with full water and fuel tanks, clean and at the time and place specified in the contract. If the shipowner does not meet the above requirement, the customer has the right to demand a full refund for the period when the yacht was not transferred to him. If such a situation persists within 24 hours from the agreed date, the Customer has the right to demand that another yacht that meets its requirements be available, when it is impossible, it may cancel the contract and demand a full refund of the charter fee. The customer has the right to demand only compensation up to the amount of the charter fee, without the possibility of requesting additional compensation for material or intangible losses.
YACHT TRANSFER TO CUSTOMER - The customer takes over the yacht at the time and place specified in the contract. The customer is obliged to check the condition of the yacht and its equipment in accordance with the presented equipment list. Reservations and deficiencies should be reported before signing the yacht equipment list. Possible damages or defects hidden on the yacht or equipment that could not be known to the Shipowner, but were not noticed and reported when taking over the yacht, as well as all those arising after the takeover of the yacht for any reason, cannot be the basis for demanding a refund or reducing the fee for charter. The shipowner has the right not to hand over the yacht if the customer does not have the appropriate competence, skills, experience necessary to operate the yacht, or does not have a person with such competence on board. In this case, he has the right to place a skipper on the yacht and charge for this additional service in accordance with the price list applicable at the given Operator. In the event that the Customer does not take over the yacht within 48 hours of the agreed date, the Company has the right to terminate the contract without refunding the charter fee.
HANDOVER (return) OF THE YACHT - The condition of the Yacht and equipment will be checked upon returning the yacht in the same way as when handing over the yacht based on the equipment list signed by both parties. The customer is obliged to report the yacht's readiness for pick-up at least 1 hour before the agreed end time of the cruise and at the agreed place. In case of being late with the return of the yacht, the customer will be charged the following fees:
- for lateness up to 3 hours - 1 day charter fee
- for lateness greater than 3 hours and for each subsequent day of lateness - a triple rate of the daily fee converted as 1/7 of the weekly charter fee, according to the price list applicable in the next charter period. In addition, the customer is obliged to cover the additional costs that will arise on the side of the shipowner as a result of this delay, e.g. accommodation and boarding of the next crew waiting for a cruise on this yacht.
CLIENT'S OBLIGATIONS DURING THE CRUISE - After taking over or after embarking on a yacht, the Customer is fully responsible for the yacht and bears all costs related to the use of the yacht. These include, inter alia, the costs of stopping at ports other than home, fuel, gas, water, electricity, cleaning and all other charges. He is also responsible for damages, defects and losses on the yacht during the charter period, which are not a consequence of the yacht's wear as a result of normal use.
The customer is obliged to keep a yacht log, check the engine oil level daily and ensure the condition of the sails.
SAILING RESTRICTIONS - The customer may only navigate the territorial waters of the country in which he received the yacht from the Company, unless it is decided otherwise with the consent of the Company. The customer must comply with applicable shipping regulations and law in general. The customer is obliged to take care of the yacht and its equipment, navigate carefully and in accordance with good sea practice, as well as weather conditions and good visibility appropriate for the type of the yacht and its crew. The customer is required to have all the necessary permissions to operate the yacht in open sea waters and radio operator licenses. The customer is not allowed to sublet the yacht to third parties, cannot participate in the regatta, and may not use the yacht for commercial purposes, such as fishing. The customer may not sail in conditions not covered by the yacht's insurance policy (e.g. at night or in hazardous weather conditions). The customer may not accept more people on the yacht than is specified in the contract and results from the crew list declared to the Shipowner and / or Operator. The customer is responsible for non-compliance with the rules listed in this section.
DAMAGE AND FAILURES RESULTING FROM NORMAL USE - In the event that the yacht suffers damage resulting from normal use of the yacht, the Customer should immediately inform the Shipowner of this fact, and he shall be obliged to remove the fault or damage within 24 hours of receiving such notification. If the fault or damage is repaired within 24 hours, the Customer may not claim compensation for this period.
In the event of the theft of part or all of the yacht or its equipment, in the event that further navigation is not possible or has been banned, the customer must immediately inform the Operator and / or the Owner and report this fact to the police and / or to the appropriate services depending on the region and type of event.
OTHER RESTRICTIONS - Owning animals (dogs, cats, etc.), heavy diving or sports equipment on the yacht is not allowed, unless the Customer receives the Shipowner's prior consent.
CUSTOMER RESPONSIBILITY - For events that do not comply with the scope of the charter agreement and / or are in conflict with applicable law, which arose as a result of the Customer's actions and having an effect on third parties, the Customer is responsible. This responsibility also translates into all the consequences of these events, which will be charged to the Company and / or Operator, as yacht managers. The customer is entirely responsible for damages in the event of confiscation or detention of the yacht as a result of inappropriate or illegal activity during the charter period. The customer is obliged to pay for damages caused by the shipowner - liability, material and legal. In the event of an accident or serious damage to a yacht or port infrastructure, the Customer is required to make an appropriate note describing the circumstances of the incident and confirm it with the appropriate local authorities (port police, port authorities, doctors) as well as the shipowner and / or the operator. This rule also applies in the event of theft of the yacht, restrictions or the complete lack of sailing, as well as in the event of confiscation, loss, flooding or any ban on sailing.
YACHT INSURANCE - As part of the charter service, the yacht has a valid insurance policy against liability for damage to third parties. All insured damages should be immediately reported to the Shipowner and / or Operator or insurer, otherwise it will be the cost of their removal, repairs will be charged to the Customer. The yacht is insured only against damage arising naturally or randomly (but not against damage arising from the negligence or direct fault of the Customer) up to the value of its value with the option of own contribution in the amount of deposit deposited by the Customer, which will be used to cover the obligation arising from own contribution. For damages caused by the fault of the customer, the customer is fully liable and the insurance policy does not protect against damage caused in such a situation. Damage caused to sails as a result of exposing them to unsuitable sailing conditions and the engine due to lack of oil or engine overheating due to the yacht being exposed to unsuitable sailing conditions are not covered by insurance and the Customer is fully responsible for them.
The Customer, when such option is offered by the Operator, may take advantage of additional insurance against participation in the costs included in the weight of the deposit.
CANCELLATION OF THE CONTRACT - If the Customer, for any reason, cannot take over the yacht and cannot transfer the contract to another person (after prior consent of the Shipowner and / or the Operator), the Shipowner will be entitled for keeping:
- 50% of the price with resignation up to 1 month before embarkation
-100% of the price when resigning less than 1 month before embarkation
In a situation where the resignation from charter arose as a result of independent events (death of a loved one, serious injuries, war or other, confirmed by relevant documents) the paid fee will not be refunded, but the Customer will benefit from free charter on this yacht or other suitable standard date or the next season after agreeing the date with the Shipowner.
COMPLAINTS - Complaints are accepted only when disembarking in writing and confirmed by both parties (the Company and / or the Operator and the Customer) as an attachment to the list of equipment.
ARBITRATION - if the disputes cannot be resolved amicably, they will be settled by the court competent for the shipo