Bavaria 50 Sailboat "Helena" for Skippered or Bareboat Charter in Sweden

Cancellation If the Charterer who has paid the charter price in the whole, informs our company on his withdrawal from use of the Vessel not later than 4 weeks before the agreed charter should start, the Charterer has right for the retention of 50% of the paid amount. If the cancellation is due to objective reasons (death in the family, heavy injury etc.), paid price won't be paid back but our company will give the Vessel at the Charterer's disposal in another free period of time or within the next sailing season. In other cases our company is not obliged to return the Charterer amount paid in accordance with this Contract. Failure to Deliver Our company is obliged to make available the contracted, similar or better Vessel, at agreed time and place, and to deliver it to the Charterer. If our company is late in performing this obligation, our company will lay under commitment to pay back an appropriate proportional amount of the charter price for every 24 hours being overdue, and additionally, if reason for our company being overdue can be imputed to our company own guilt, our company should also pay 5% indemnity of weekly charter rates for every day being overdue, but not more than 15% of the total charter rates. If our company cannot supply the Vessel or an appropriate replacement (meaning a type similar in dimensions, gear and equipment) and the delay exceeds 1⁄4 of the total charter time or a maximum of three (3) days, the Charterer has the right to withdraw from the Contract. In this case payments already made will be refunded to him. No further claims may be raised. If it is an established fact before the start of the trip that neither Vessel nor replacement will be available on the agreed date, our company shall be obliged to inform the Charterer as soon as the former knows the facts. In this case both parties may withdraw from the Contract before the assumed start of the trip. Payments made by the Charterer will be refunded as above. No further claims may be raised. If check-in time is delayed by our company for reasons he is responsible for, the Charterer will get a pro rata refund from our company, - provided either the check-in procedure had originally been agreed to take place in the second part of the day including an overnight stay on the Vessel - or if a replacement and/or actual check-in has not occurred until noon the next day the latest - or if the check-in of the Vessel had originally been agreed to take place during the first part of the day but in reality was delayed for more than 12 hours In case of cancellation of this Contract by our company, he will be due to pay back the total amount paid by the Charterer, and if the Contract has been canceled three or fewer days before taking over the Vessel, our company will lay under commitment to pay the Charterer the fine in the amount of 10% of the one-week charter price. However, regardless of possible reasons and height of possible damage, the responsibility of our company towards the Charterer is limited to the amount of the paid charter price. If because of some reasons that may be imputed to the irresponsibility of our company, come to a breakdown or engine trouble on the Vessel that would enable or considerably hinder the Vessel’s use, the Charterer may cancel this Contract. In that case our company is obliged for taking over the Vessel to the nearest safe port, payback to the Charterer an appropriate part of the charter price enlarged for 10%, and bear the transportation expenses of the Charterer and his crew to the port of planned disembarkation. Sailing Terms and Use of the Vessel A charterer may use the Vessel exclusively in the coastal sea of Sweden. Use of Vessel out of Swedish coastal waters, participation on regatta etc. is allowed only upon relative permit in writing was granted by our company to the Charterer. As weather conditions dictate, the Charterer is obliged to promptly reduce canvas and not allow the Vessel to sail under an amount of canvas greater than one ensuring comfortable sailing without excessive strain or stress on rigging and sails; not to sail the Vessel in any area insufficiently covered by the charts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed material provided on board; not to sail the Vessel at night without all navigation lights functioning or without adequate watch on deck. Charterer shall not leave port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (30 knots) or if the harbour authorities have prohibited sailing or while the Vessel has unrepaired damage to any of her vital parts such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc. or if any of the above parts are not in good working condition; neither shall the Charterer leave port or anchorage without sufficient reserves of fuel or in general, when weather conditions or the state of the Vessel or her crew are doubtful. The Charterer undertakes to be in possession of a valid navigation and VHF/SRC license or will leave navigation of the Vessel to a crew member that has the relevant permit or license. The Charterer guarantees our company his own nautical knowledge and competence in that area, both his own and the qualification of his crew, as well as his ability to operate the Vessel safely without regard of weather conditions or any other circumstances, taking over full responsibility for rational exploitation of the Vessel and her equipment. If our company comes to conclusion that the skipper or at least one member of his crew do not possess appropriate and necessary knowledge and nautical competence, our company may make a breach of this Contract any time without being obliged to pay back any amount or, in accordance with the established competence he may determine the limits of sailing for the duration of this Contract. Our company have been authorized for making such limitations if weather conditions or some other serious reasons should force our company to do so. For the reason of establishing the nautical competence of the Charterer and his crew. Our company may organize a shorter common navigation with the Charterer. If the skipper or at least one member of his crew do not possess appropriate and necessary knowledge and nautical competence, the Charterer may use the Vessel as a "hotel". Boat documents, which have to be on board during the entire time of sailing will not be handed over to the Charterer. In case there is additional marina fees applicable these should be paid by the Charterer. Our company is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party caused by the Charterer or members of his crew for the duration of this Contract. Our company is also not responsible for postponements or changes of plans of the Charterer caused by bad weather conditions or some other similar reasons. In case that extremely bad weather conditions will hinder the return of the Vessel in a foreseen term, our company agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged for 50%. All current expenses of the Vessel use (fuel, harbour taxes, indemnity, cleaning and similar) should be paid by the Charterer. This also refers to the obligations which may arise from the Vessel use, and which may become due after the expiration of this Contract. In case of any other unexpected incident, some greater damage or failure, navigational offence or accident the Charterer is obliged to report about it, both to authorized government bodies and the our company, in the quickest and the most appropriate way and to follow their instructions which in accordance with operations of a good navigator. The Charterer is authorized neither to rent the Vessel to the third party nor to leave it uncontrolled at some place not being safe, nor to haul it up. The highest number of passengers aboard should not be higher than the number as stated in the Crew List, and it is also not allowed to embark any animals without written permission granted by our company. The Charterer is obliged to observe all navigation rules and orders made by authorized government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report Our company on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to our company in the same condition in which the Charterer had received her (Vessel has to be properly clean, the equipment has to be arranged and similar).