Charter conditions

Here you will find our General Terms and Conditions, which contain all the important information about bookings, cancelations and our services. Please read them carefully so that you are fully informed.
Download general terms and conditions here.
I. Charter price
The charter price includes the use of the yacht with all accessories according to the inventory list as well as the additional contractually agreed accessories by the Charterer, their natural wear and tear as well as costs for the repair of damage due to material fatigue, the support of the Charterer as well as general taxes as well as duties and fees due for the yacht during the charter period at the start and finish berth as well as the pro rata costs for the ship's liability and hull insurance of the yacht. Not included in the charter price are any fees for sailing in waters, areas or harbors, mooring fees outside the starting or finishing berth and fees for clearing in or out as well as the costs for operating materials such as diesel fuel or gasoline. Costs for final cleaning, gas, gasoline for outboard motors, bed linen and towels may be included in the charter price, otherwise these additional costs must be listed separately by the charter company and communicated to the charterer in good time before the charter date.
II Obligations of the Charter Operator
The Charter Operator undertakes to the Charterer to
- to hand over the charter yacht including all accessories on the agreed date after full payment of the charter price in a seaworthy, proper age-appropriate maintenance and technical condition. All prescribed maintenance intervals have been complied with and have been completed. Particular attention must be paid to the maintenance dates of life-saving appliances and safety-relevant equipment such as (if available/required) life rafts, life jackets, emergency signals, EPIRB, fire extinguishers and the gas cooker system as well as the completeness and updating of the nautical charts and navigation instruments.
- to hand over to the Charterer, together with the ship's papers, all valid certificates, proofs, lists, operating instructions for the yacht and other documents required for sailing in the contractually agreed sea area. The contractually agreed sea area to be navigated exclusively as well as any time restrictions must be clearly and unambiguously defined in these documents. The charter company must explicitly point out any special features that are not generally known or obvious. All documents must be available in English or in the Charterer's national language.
- to rectify any damage or defects arising during the charter period or any hidden defects discovered in accordance with the contract (see point V).
- to reimburse downtimes in accordance with the contract (see point V).
- to be available to the Charterer during the charter period by telephone or radio at least during normal office hours.
III Obligations of the Charterer
The Charterer has the following obligations towards the Charter Operator:
- to name all crew members before the start of the charter in accordance with the Charter Operator's specifications (creation of a crew list).
- to have the vessel ready for check-out at the agreed return location 1-2 hours before the time agreed with the charter company.
- not to extend the agreed charter period without consultation with the charter company.
- to keep the yacht in sufficient proximity to the port of return during the last 24 hours before the end of the charter so that timely arrival is guaranteed even in adverse circumstances (bad weather). Weather conditions do not affect the obligation to return the yacht on time, unless there is a case of unforeseeable force majeure. In the event of a foreseeable delay in return, the charter company must be informed immediately.
- to inform the charter company immediately if the cruise has to be ended at a location other than the agreed return location. In this case, it is the responsibility of the charterer to take care of the ship or have it taken care of by sufficiently qualified persons until the charter company can take over the ship. The charter only ends when the charter company takes over the yacht. The Charterer shall bear the additional necessary costs incurred by the Charter Operator due to the different return location, unless there is a case of unforeseeable force majeure or the Charter Operator has requested the different return location itself or the Charter Operator has caused the yacht to be returned to the Charter Operator through culpable negligence.
- to treat the charter yacht and equipment as his property with care and according to the rules of good seamanship.
- to familiarize himself with the technical and all other equipment of the yacht before the start of the trip, to observe the operating instructions on board and to inform himself in detail about the nautical, geographical and weather-related particularities of the sailing area (tides, currents, changing water levels in strong winds, downdrafts, jet effects, etc.).
- to check the oil level of the engine and the bilges daily and to check the sea cooling water circuit after starting the engine. Any defects detected must be rectified immediately. The engine may only be operated without sufficient oil or without cooling if there is an imminent danger to the ship and/or crew in order to prevent damage. The Charter Operator must explain any other maintenance measures that may be required during the charter period to the Charterer upon handover and provide him with a prepared maintenance list.
- to conscientiously keep a logbook in written form on paper, in which the usual nautical entries, records of weather reports, all damage to the yacht and equipment, groundings and other special incidents (rope in propeller, etc.) are to be entered.
- to always navigate with the aid of the available, current nautical chart and to use electronic navigation aids only as support.
- if available, a radio logbook and, if applicable, a customs and registration book conscientiously.
- to immediately report any grounding (even without recognizable damage) and, if damage to the charter yacht is suspected, to immediately call at the nearest port, to arrange for an examination by a diver and - after consultation with the charter company and on its instructions - to arrange for craning or slipping up if necessary.
- in the event of damage, to carry out damage prevention and mitigation obligations in accordance with good seamanship and to fulfill reporting and cooperation obligations towards parties involved, authorities and insurance companies. If he refuses to do so, the charter customer shall be fully liable for the damage incurred.
- to observe special wind and weather conditions and to exercise particular caution when sailing at night.
- to enter and leave harbors only under engine power. to avoid running the engine under sail, but under no circumstances to operate the engine with sails when the boat is heeling at more than 10 degrees.
- not to allow the battery voltage of all on-board batteries to fall below 12 volts. The batteries must be charged in good time via the engine, a generator or shore power connection, if available, and consumers must be switched off if necessary. Large consumers such as anchor winches or bow thrusters may only be operated if the battery voltage is supported in parallel by the engine or a generator, if present.
- to moor only in harbors or berths where safe entry and exit, mooring and mooring can be guaranteed for the planned period.
- to enter the charter yacht only with suitable, clean and non-marking boat shoes.
- to provide towing assistance to others only in an emergency, to have the charter yacht towed only in an emergency and to use the boat's own lines and then to attach them only to cleats, winches or the mast base in such a way that the towing connection can also be released under tension (under no circumstances with a bowline), and not to make any agreements on towing and recovery costs, unless the assisting party otherwise refuses to provide assistance.
- to observe the legal provisions of the countries of residence and to inquire in advance about any necessary licenses or travel authorizations.
- to always clear in and out properly and to pay any mooring fees properly.
- to immediately report any theft of the yacht or its accessories to the nearest police station.
- to report liability claims immediately to the nearest port authority and to obtain a report of the claim.
- not to pass on or sublet the charter yacht to third parties.
- not to take on board more persons than permitted or agreed and thus named in the crew list.
- not to make any changes to the vessel and equipment, unless this serves to prevent imminent damage or has been agreed in advance with the charter company.
- not to carry any animals, carry any undeclared dutiable goods or dangerous goods or substances, participate in regattas or use the yacht commercially (e.g. for training purposes, transportation of goods or persons) without the prior written consent of the charter company.
- not to leave the protected harbor or berth if a recognized or generally accepted weather forecast predicts constant wind forces of 7 Bft or more in the sea area concerned for the period planned for the next leg. Only if there is an obvious risk of danger to the vessel or crew at the previously protected port or berth due to unexpected changes in the weather is it necessary to proceed to the nearest protected port or berth.
- The contractually agreed sea area (see point II 2) may only be left with the express consent of the charter company. The charter company has the right to further limit this sea area in terms of space or time (e.g. to issue a night sailing ban) in the event of unsafe or unusual navigation conditions.
- The charterer or skipper is responsible for the management of the yacht and is liable to the charter company or insurer for any damage resulting from failure to observe the required rules of conduct. The crew members are deemed to be vicarious agents of the charterer and/or skipper within the scope of this contract.
IV. Driving licenses, certificates of competence
The Charterer may either be the skipper of the chartered yacht himself or appoint a crew member of his choice as skipper. The skipper must prove to the charter company that he is in possession of the licenses and certificates of competence valid for sailing the yacht in the entire contractually agreed sea area. Furthermore, the charterer assures that the skipper has all the necessary nautical, navigational and nautical knowledge and experience to safely operate the chartered yacht under sail and/or motor, as specified under point III, taking into account the responsibility for crew and material.
The charter company is entitled to check the skipper's ability to skipper the yacht before handing over the charter yacht. For this purpose, he may request proof of previous skipper experience in advance upon conclusion of the contract and have the skipper show him the licenses or certificates of competence required to skipper the yacht in the agreed boat class and sailing area. In the event of an obvious inability to safely skipper the charter yacht and crew, the Charter Operator may provide or arrange for a skipper at the Charterer's expense. If this is not possible or if the Charterer does not agree to this, the Charter Operator may refuse to hand over the yacht; in this case, the charter price paid will only be refunded at the originally agreed charter price if the yacht is successfully re-chartered. If re-chartering is only possible at a lower price, the charter company is entitled to the corresponding difference.
V. Default of performance (charter contract)
1. rights of the Charterer:
a) If the Charter Operator does not make the charter yacht available at the latest 4 hours after the contractually agreed time, the Charterer is entitled to a pro rata reduction of the charter price for the downtime per day or part thereof. The same applies analogously during the charter period in the event of damage or defects occurring regardless of any fault on the part of the charter company, unless these were culpably caused by the charterer himself. The Charterer must accept a restriction of use of the yacht of up to 4 hours per damage event without reimbursement. A restriction of use shall be deemed to exist from the time at which the Charterer is significantly restricted in the use of the yacht due to a defect and/or a repair. A reasonable change to the planned itinerary (to allow for a repair) and/or a repair during the usual harbor berthing times shall not constitute a restriction of use. The Charterer may also choose to withdraw from the contract with full reimbursement of the payments made if more than 24 hours have elapsed since the agreed handover date; this period is extended to 48 hours for a charter period of at least 10 days. The charter company is entitled to provide a reasonable replacement yacht that meets the needs of the charterer and is objectively equivalent. If it is already clear before the start of the charter that the ship will not be available and cannot be handed over at the latest 4 hours after the contractually agreed time, the Charterer has the right to withdraw from the contract before the start of the charter with full reimbursement of the payments made.
b) In the event of negative deviations of the charter yacht, its equipment or accessories from the contractually agreed condition (defects), the Charterer is entitled to a reasonable reduction of the charter price, but only to withdraw from the contract if the charter yacht is thereby impaired in its seaworthiness or if correct navigation using standard navigation methods is objectively significantly more difficult and the risks to the safety of the ship and crew increase not only insignificantly. The Charterer can only claim a reduction in price and withdrawal from the contract by means of a declaration in text form to the Charter Operator. The declaration must be made immediately after the defect becomes known and additionally in the check-out protocol and must be justified accordingly.
c) If the Charter Operator is not responsible for the service disruption, there are no further claims against the Charter Operator with regard to indemnification of the Charterer for consequential damages (e.g. travel / accommodation costs); in this case, however, the Charter Operator assigns any claims for damages against third parties to the Charterer. The charter company must inform the charterer comprehensively and immediately about such incidents and the possible consequences.
2. rights of the charter company:
a) Late return: If the yacht is not returned within 2 hours of the time agreed with the Charter Operator due to the fault of the Charteree, the Charter Operator may demand from the Charterer the pro rata continued payment of the charter price per day or part thereof. The Charter Operator is entitled to demand compensation from the Charterer for all economic losses incurred as a result (such as the costs for additional personnel to be ordered or kept available or the loss or partial loss of subsequent charters).
b) Different return location: If the yacht is not returned at the agreed return location due to the fault of the Charterer, the Charter Operator may demand compensation from the Charterer for all economic losses incurred by the Charterer as a result (such as the costs of taking over the yacht at another location or the costs of returning the yacht by water or land).
c) Weather conditions do not affect the Charterer's obligation to return the yacht in accordance with the contract, unless there is a case of unforeseeable force majeure (see also point III.4). Both in the event of late return and in the event of a different return location, the Charter Operator is obliged to minimize the financial damage and to provide the Charterer with proof that the claimed costs have actually been incurred. The charterer can provide proof that no or less damage has occurred.
VI Cancellation regulations
If the Charterer withdraws from the charter contract for reasons other than those stated in paragraph V 1a) and 1b), the contractually agreed cancellation costs shall be incurred in relation to the pure charter price. Cancellation costs shall not be charged for services that are also canceled due to the cancellation of the charter, e.g. final cleaning, deposit compensation, bed linen, special equipment. If the charterer cannot start the trip, he must inform the charter company immediately in writing, whereby the time of receipt by the charter company is decisive. If a replacement charter can be arranged under the same conditions, the Charterer will be refunded the payments made to date minus a processing fee of € 150. The Charterer may only provide a suitable replacement charterer to take over the contract with the consent and written agreement of the Charter Operator. In the event of a replacement charter at a reduced price or for a shorter period, the respective difference plus the handling fee shall be payable by the Charterer. If different delivery and return ports or foreign ports have been contractually agreed, the compensation shall be increased by 20% in each case. The charter company may withdraw from the contract if the costs incurred are not paid on time and expressly reserves the right to assert further claims for damages due to non-fulfillment of the contract. In all other cases, the charter company is entitled to the contractually agreed charter price.
It is therefore expressly recommended to take out charter cancellation insurance with special cover for typical charter risks (e.g. failure of the skipper leads to cancellation of the entire trip).
VII Payment modalities
The charter price shall be paid as agreed in the contract in installments or as a total payment. If the agreed payments are not made on time, the Charter Operator is entitled to withdraw from the charter contract after a fruitless reminder and to charter the yacht elsewhere. The charterer must reimburse any amounts lost. The contract shall become valid when the Charterer and the Charter Operator have exchanged concurring written or electronic declarations of intent. The full payment of the charter fee to the Charter Operator and the provision of the chartered yacht in accordance with the contract shall be confirmed to the Charterer by sending a “boarding pass”. Only the “boarding pass” issued by the charter company is valid. The Charterer must check the “boarding pass”.
VIII. Taking over the charter yacht
The charter yacht can only be taken over by presenting the “boarding pass” sent to the Charterer by the Charter Operator. The Charterer takes over the yacht at his own risk. The charter company or its representative shall hand over the charter yacht to the charterer ready to sail and otherwise in perfect condition, cleaned inside and out, with a connected gas bottle and reserve bottle and a full fuel tank. The condition of the vessel, all technical functions (in particular sails, lights and engine) and the completeness of accessories and inventory shall be checked by both parties using an equipment list and a checklist.




