Luxury Yacht - Mallorca-Ibiza

4) Terms of contract § 1 - USE OF THE YACHT, BEHAVIOUR ON BOARD (1) The Charterer undertakes to use the yacht in a reasonable manner and with care. He shall not make any structural changes to the yacht or its facilities. (2) The Charterer shall be responsible for the conduct of all passengers traveling with whose stay on board the Yacht he has permitted or otherwise arranged. (3) When staying in ports and marinas, passengers shall not cause excessive nuisance to third parties. Any local regulations shall be complied with. (4) Passengers shall at all times comply with any instructions given by the Master or the rest of the crew to ensure order and safety on board the Yacht. (5) The captain shall retain the nau'cal decision-making power over the yacht. Orders and decisions regarding to the use of the Yacht, including the decision to go to or leave or to remain in any cruising area, route, anchorage or berth, made by the Master in his navigational judgement in the light of prevailing sea, wind or weather conditions or any other circumstances in the interests of the safety of the Yacht or the persons on her, shall be accepted and shall not constitute a defect in the Yacht. (6) Passengers shall behave respectfully towards the Master and the crew. The giving of gratuities to the crew is voluntary and at the discretion of the charterer, but is customary. (7) The Charterer shall not allow more passengers on board than permitted and stated in the "maximum capacity" above. (8) The Charterer may only use the yacht for the purpose of recreational boating. Use for any form of trade, sub-chartering, commercial fishing, carriage of goods, scheduled sea rescue or participation in regattas is prohibited. (9) The yacht may not leave the defined navigation area unless this is absolutely necessary for the safety of the yacht or the persons on board. (10) Smoking is permitted only in the outside areas designated by the crew. The consumption of illegal drugs on board the yacht is prohibited. (11) No firearms or otherwise prohibited weapons may be brought on board. (12) Minors must always be accompanied and supervised by an adult; the captain or the crew of the yacht do not assume any supervisory duties. (13) Professional diving is permitted under the supervision of qualified professionals in approved areas. (14) The use of watercrafts, water toys or similar accessories of the yacht (including any dinghies, jet skis, seabobs, slides) shall be at the own risk of the respective user or the person responsible for the user's supervision. The Charterer shall indemnify the charterer and his vicarious agents against all claims for material damage or personal injury arising from such use, unless the Charterer is responsible for such damage. (15) The Charterer may only bring watercra^, water toys or similar accessories, which are not included in the inventory of the yacht, on board with the express prior consent of the charterer. Paragraph (14) shall apply muta's mutandis to the use of such items even if charter company has given its consent § 2 - TAKEOVER AND RETURN OF THE YACHT, LATE RETURN, IMPAIRMENT OF THE YACHT'S FURTHER USABILITY (1) Upon handing over the yacht to the charterer, the parties shall jointly inspect its condition. The externally visible condition of the yacht and its equipment shall be inspected and any damage or soiling shall be recorded in a jointly signed report. The same shall apply when the yacht is returned. (2) The Charterer shall return the yacht at the agreed 'me of disembarka'on in the same condi'on as it was taken over (taking into account the usual wear and tear through contractual use). (3) A return of the yacht before the expiry of the agreed charter period does not en'tle the Charterer to deduc'ons from the charter price, unless the Charter company is responsible for the premature return. (4) If the Charterer does not return the yacht at the agreed 'me of disembarkation at the place agreed for this purpose and/or if the yacht is not vacated in accordance with the contract, he shall pay the compensation in the amount of the agreed charter price pro rata per hour for the 'me exceeding the agreed charter period until the yacht is actually available, vacated in accordance with the contract, at the place agreed for disembarkation, unless the charter company is responsible for the causal circumstances. (5) If, despite the 'mely return of the yacht by the charterer, the usability of the yacht for the charter company (e.g. for further chartering) is suspended after the expiry of the agreed charter period due to conduct for which the Charterer is responsible, the Charterer shall pay the charter company compensation in the amount of the agreed charter price pro rata per hour for the 'me exceeding the agreed charter period until the usability of the yacht is restored. In the event of only a partial reduction in usability, the compensation shall be reduced in an appropriate proportion. § 3 - PRICE, ADVANCE ON INCIDENTAL EXPENSES (APA), FUEL, DEPOSIT, WITHDRAWAL BY THE CHARTER COMPANY IN THE EVENT OF LATE PAYMENT (1) Within 14 days after issuance of the booking confirmation, the Charterer shall pay a deposit in the amount of 30 % of the agreed charter price (including any VAT) by bank transfer. (2) The en're agreed charter price (including any VAT) shall be paid by the Charterer no later than 14 days before the agreed date of taking over the yacht. (3) The agreed advance payment for incidental expenses (the "APA") shall be paid by the Charterer by bank transfer, in cash or by credit card (Visa, Mastercard) at the latest when taking over the yacht. (4) The APA shall be used to cover the variable costs incurred in connec'on with the Charterer's use of the yacht. These include, in par'cular, fuel, passenger catering, harbour dues and berths outside the port of Port de Palma, Mallorca. The variable costs will be sedled by the charter company upon return of the yacht. If the APA is higher than the variable costs, the balance will be refunded to the Charterer within 7 calendar days, if the APA is lower than the total costs, the Charterer is obliged to pay the difference to the Charter company before leaving the yacht. If the Charterer has not paid an APA when taking over the yacht, he shall fully reimburse the total variable costs, as far as they have been paid by the Charter company or his vicarious agents, before leaving the yacht. (5) The amount to be charged to the Charterer for fuel shall be calculated at the reasonable discre'on of the Charter on the basis of the number of hours of opera'on of the engine during each day's sailing or the number of nau'cal miles travelled during the en're voyage, taking into account the average consump'on per hour or nau'cal mile travelled for the yacht based on experience, according to the prices currently applicable at the agreed place of return. (6) Before taking over the yacht, the Charter shall pay a deposit to cover the costs of excessive wear and tear, soiling or damage to the yacht or its facilities. Upon return of the boat in proper condition, the Charterer will receive this deposit back immediately. The Charter reserves the right to retain the deposit for a maximum of 48 hours after the return of the yacht in order to examine the condition of the yacht more closely. The deposit does not limit the Charterer's liability, i.e. further claims of the Charter remain unaffected. (7) If the Charterer does not make a payment on the charter price, the APA or the deposit by the specified due date, the Charter is en'tled to withdraw from the charter contract. In the event of such a withdrawal, the Charter shall be entitled to cancellation fees in accordance with § 4. § 4 - CANCELLATION BY THE CHARTERER, NO-SHOW (1) The Charterer may cancel the charter contract at anytime without giving reasons in text form. (2) In case of cancellation, the Charterer shall pay the following cancellation fees: - in case of cancellation more than 90 days before the beginning of the charter period 20% of the total charter price (incl. VAT); - in case of cancellation 60-90 days before the beginning of the charter period 50% of the total charter price (incl. VAT); - in case of cancellation 30-59 days before the beginning of the charter period 70% of the total charter price (incl. VAT); - in case of cancellation 15-29 days before the beginning of the charter period 90% of the total charter price (incl. VAT); - in case of cancellation less than 15 days before the beginning of the charter period 100% of the total charter price (incl. VAT). (3) The Charter shall be entitled to credit down payments already made by the Charterer against the cancellation fees. Insofar as the advance payments made exceed the cancellation fees, the Charter shall repay this amount to the Charterer within 10 days after cancellation. In so far as the cancellation fees exceed the advance payments made, the Charterer shall pay this difference to the Charter within 10 days after cancellation. (4) The Charterer shall have the right to prove that the expenses saved by the Charter as a result of the Charterer's cancellation are greater than the difference between the charter price and the cancellation fees. In this case, the cancellation fees to be claimed by the charter company shall be limited to the saved expenses. (5) In the event of a cancellation by the Charterer, the Charter shall make reasonable efforts to book a replacement charter in place of the cancelled charter; if the Charter succeeds in doing so, the Charter shall deduct the charter price obtained from the replacement charter from the cancellation fee, deducting the costs incurred for marketing and booking the replacement charter, and shall repay any resulting overpayment of the cancellation fees to the Charterer. The Charterer may demand information from the Charter about the booking of a substitute charter and the charter price achieved thereby no later than 7 days after the expiry of the original charter period. (6) The charter company recommends the charterer to take out a travel cancellation insurance. (7) If the Charterer does not commence the charter on the agreed day of embarkation without prior cancellation, the Charter may withdraw from the contract. In this case, a cancellation fee of 100% of the total charter price (incl. VAT) shall be due. The provisions of paragraphs (3) to (6) apply accordingly. § 5 - INSURANCE (1) The charter company shall maintain the usual hull and liability insurances for the yacht. A copy of the insurance policy shall be kept on board. The Charterer shall inform himself about the obliga'ons concerning him and the passengers arising from the insurance contract and shall be responsible for their fulfilment in this respect. (2) The Charter points out that the conclusion of the insurances or a sedlement of damages by the insurers does not lead to a release of liability of the Charterer. § 6 - LIABILITY OF THE CHARTERER (1) If the Charter is held liable by third par'es under civil or regulatory law for acts and omissions of the Charterer or the other passengers, the Charterer shall indemnify the Charter against all claims, including necessary and reasonable legal prosecu'on and legal defence costs. (2) In all other respects, the liability of the Charterer shall be governed by the applicable statutory provisions. § 7 - LIABILITY OF THE CHARTER COMPANY (1) The liability of the charter company towards the charterer for breaches of duty arising from or in connection with this contract (irrespective of the legal grounds) shall be governed by the applicable statutory provisions, insofar as paragraphs (2) or (3) do not stipulate otherwise. (2) The Charter shall not be liable for loss of or damage to personal effects brought on board by the Passengers, unless the loss or damage is caused by intent or gross negligence on the part of the Charter or its agents. (3) The charter company shall not be liable in the event of a breach of duties which do not constitute essential contractual duties of the charter company (essential contractual duties are those duties of the charter company which the contract must grant to the charterer according to its content and purpose and those duties the fulfilment of which is essential for the proper performance of the contract and on the observance of which the charterer regularly relies an may rely, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the charterer regularly relies and may rely), insofar as the damage is only due to simple negligence on the part of the charter company and its vicarious agents and insofar as the liability does not relate to damage from injury to life, limb or health. § 8 - ADDITIONAL CONDITIONS FOR CHARTERING WITHOUT CREW (1) The Charterer shall in principle be obliged to accept the crew and captain provided by the Charter. A charter without crew and captain is only permided if the par'es expressly agree to this. The decision is at the free discre'on of the charterer. (2) For the decision on chartering without crew and master, the charterer shall submit to the iden'ty documents, cer'ficates of competency and cer'ficates of the charterer or of the master nominated by the charterer as required by the lessor. The decision of the Charter company does not release the Charterer from his responsibility according to paragraph (4) and does not establish any instruc'on or supervision obliga'ons of the Charter company. (3) The Charterer shall be fully responsible for ensuring that the yacht is only managed and operated by persons who possess the necessary qualifica'on and exper'se. Before taking over the yacht, the Charterer shall name the captain responsible for the charter period on board the yacht to the Charterer. The captain is the vicarious agent of the Charterer. (4) The Charterer shall bear full responsibility for the proper management and opera'on of the yacht within the framework of all applicable traffic regula'ons and in accordance with the principles of good seamanship. (5) Insofar as the Charterer requires the Charterer or the captain appointed by the Charterer to be roughly instructed on taking over the yacht, the 'me required for this shall be borne by the Charterer. Such instruc'on does not release the Charterer from his responsibility according to paragraph (4). (6) Upon taking over the yacht, the Charterer shall receive from the Owner a list of emergency telephone numbers to be used in the event of an accident to summon help immediately. (7) The Charterer is forbidden to move with the yacht more than 20 nau'cal miles from the coast of the agreed naviga'on area. For boats without a licence, the Charterer is prohibited from approaching more than 200 metres from the coast or other shallows. (8) The Charterer shall indemnify the Charterer against all claims asserted against the charterer or the yacht by third par'es for loss of, damage to or impairment of third party property, life, limb or health or the environment due to the use of the yacht by the Charterer, including necessary and reasonable legal costs of prosecu'on or legal defence, insofar as the Charterer is not responsible for the loss, damage or impairment. (9) The Charterer undertakes to inform the charterer and the insurers of the yacht immediately of any damage, grounding, collision or comparable extraordinary occurrences or complaints and to document these photographically and by taking witness reports. § 9 - FINAL PROVISIONS (1) This contract is subject to the law of the Federal Republic of Germany. (2) For all disputes arising from this contract, the courts at the general place of jurisdic'on of the charterer shall have exclusive jurisdic'on if the Charterer is a merchant, a legal en'ty under public law or a special fund under public law or if the Charterer has no general place of jurisdic'on in Germany.