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Terms and Conditions

of 123yachtcharter.com

For the use of this website or the services of this website, the following terms and conditions apply in their version valid at the time of booking. Deviating conditions of the guest / the booker do not recognize 123 Yacht Charter eU. By using our services or using this website, you agree to the following terms and conditions.

Definition of terms:
For easier readability and for better understanding, we explain the following terminology in advance:

Working days:
Monday - Friday (except public holidays)

Deposit:
The payment amount due in the course of your booking immediately and is sent to us. The deposit is 50% of the charter fee.

Booking:
Any booking of a boat made by a guest / charterer on our website.

Charter price / booking fee:
The charter price / booking fee includes the use of the yacht / boat, as stated by the charter company for the booked service period, excluding extras and additional costs.

Charterer:
The Charterer is a legal individual or a legal entity that makes an agreement with a suitable charter company for the reservation of a boat.

Service Provider:
The service provider is the 123 Yacht Charter eU Perfektastrasse 88, 1230 Wien.

Service:
Arranging the contract between the charter company and charterer through the website www.123yachtcharter.com, as well as consulting activities on request of the charterer.

Charterer / Promoter:
Is the Qualified Person / Owner, or an authorized person, or corporation, who is the legal and beneficial owner of the boat, or has been authorized by the lawful and beneficial owner of the boat, or a person who is the exclusive owner and has unrestricted right to use and rent the chartered boat.

 

1. Contractual partners
Contracting parties are the respective charter company or organizer and the charterer. 
Vercharterer (organizer) is the owner of the yacht chartered by the charterer or his authorized representative. The agency is the intermediary of this contract.

2. Recognition of the contract
a) The Agency is authorized to conclude and sign this contract on behalf of the charter company. 
b) The Charterer declares that he has read the contract, understood or had explained the nautical terminology used therein and its meaning, and agrees with the terms and conditions of the yacht charter and yachting.

3. Charter price
The charter price includes the use of the yacht and its facilities. Extras and additional costs are calculated separately as outlined above and are not taken into account in any refund of charter costs. Not included in the price are harbor and other fees as well as fuel, gas, water and all expenses necessary for the proper operation and maintenance of the yacht during the charter period. Obvious errors in the calculation of the charter price or other contract information do not entitle to withdraw from the contract, but can be corrected according to the valid price list and the valid terms and conditions of the charter company. Deviations of the equipment of the yacht from sent equipment or inventory directories do not entitle the charterer to deduction of the price.

4. Arrival
The journey to charter entry is not part of this contract. If the charter start is delayed as a result of the delayed arrival of the charterer or a crew member, there is no claim for reimbursement. The Charterer and its crew are aware that they are renting a sailing or powerboat equipment and are not booking travel in accordance with travel agency laws and regulations.

5. Termination by the Charterer
a) The period of time for which this contract has been concluded can only be changed with the agreement of the charter company and according to current circumstances. 
b) In case of cancellation by the charterer up to 6 weeks before the start of the charter, the cancellation fee corresponds to the amount of the payments to be made until then, thereafter the full charter price. If the cancellation fee of our partner is different, then the terms and conditions of our partner applies. However, basically 123yachtcharter.com e.U. requires 50% of commission fee by cancelling the charter contract up to 6 weeks before charter and 100% of commission fee within 6 weeks before charter. We recommend the inclusion of cancellation insurance.  A booking confirmation of the charterer (by letter, by E-Mail or in oral form) is binding! 

c) If a further chartering after cancellation is possible for the whole or only part of the agreed charter period, 10% of the price at which the chartering succeeds will be deducted as a contribution towards expenses. The remainder will be refunded to the charterer.
d) Failure to report readings, or reporting of inaccurate readings of measuring instruments or other equipment shall not entitle the charter to make or break the contract or make financial claims if correct navigation is possible using classical navigation methods and the safety of the ship and crew is not jeopardized.

6. Handover and takeover of the yacht 
a) The organizer undertakes to instruct the charterer or the skipper determined by him in detail at the time of transfer of the yacht, with simultaneous control of all technical functions and the presence of all equipment on the basis of a check or inventory list. The control of the yacht can be supplemented by a trial fitting. By signing this list, the charterer / skipper confirms to have taken over the yacht in good, seaworthy condition, clean, fully fueled (fuel, water) and properly equipped. Defects, damage or missing equipment must be recorded in writing.
b) The charterer may refuse to take over the yacht if its safety equipment and safety standards are not in accordance with national regulations or if the hull, deck or hull / deck connection, rigging, sails or steering gear are so badly damaged that the safety of the ship and crew is no longer guaranteed. In this case, the further procedure corresponds to the point 6a. 
c) The organizer can refuse to transfer the yacht if the charter fee is not paid in full, the deposit is not deposited or replaced by insurance, necessary documents (license, etc.) are missing or if at the takeover with instruction in the yacht or during a test drive, it proves that the skipper does not have the required knowledge to safely guide the yacht.
d) In the latter case, the charter can be commenced with a skipper who is at the charterer's expense.

7. Delayed handover
a) Can the organizer not provide the yacht or a suitable replacement (which means a type similar in size and equipment to the originally chartered yacht) at the latest after a quarter (1/4) of the agreed charter period, the charterer has the right to terminate the contract. In this case, he will refund the payments made by the charter company. Further claims of the charterer do not exist.
b) If it is already clear prior to commencement of the charter that the yacht or a suitable replacement will not be available by the contractually agreed date, the agency undertakes to inform the charterer as soon as it is aware of this. In this case, both sides can withdraw from the contract before the start of the charter. The previously paid payments of the charterer will be refunded. Further compensation is excluded.

8. Insurance and deductible
a) The insurance premium is included in the charter price, or shown separately as an extra cost. 
b) The insurance does not cover accidents involving accompanying persons as well as loss or damage of their personal belongings. We recommend the inclusion of appropriate supplementary insurance.
c) The prerequisite for a claim on the insurance in the event of damage is that the damage was not caused intentionally or through gross negligence and that the obligation to pay is given on the basis of the insurance conditions. It is expressly pointed out that in cases of gross negligence or intentional acts, the liability of the charterer is not limited by the amount of the deposit or the insurance deductible, but to cover the entire damage including claims of third parties, and other expenses in connection with the damage can be taken.

9. Use of the yacht, obligations, damages
a) The charterer / skipper declares to use the yacht under consideration of good seamanship as well as in observance of the legal regulations and regulations of all visited countries. 
b) The charterer or the skipper nominated by him / her undertakes to 
+ only carry the maximum number of persons and report any change of crew to the charter company and the relevant authorities, 
+ the yacht is used neither for business nor for transport or for passenger transport or to use for professional fishing, 
+ not to take part in races or to charter the yacht without the explicit consent of the charter company,
+ Except in emergency, do not use the yacht to haul other vehicles or lug or recover, and in the event that tow or rescue assistance must be accepted, agree with the master of the other vessel on the towing or salvage costs before the help is accepted, 
+ to keep the logbook including records of weather reports and the current weather situation carefully, 
+ to sail on a sailing yacht only a sail area adapted to the rigging and wind conditions, not to let the engine run at location and only to drive under power as long as necessary,
+ only to run out of a sheltered harbor with a motor yacht if the weather forecast and sea conditions allow it, and a sailing yacht does not leave a sheltered harbor in hot winds of 7 Bft or more,
+ The charterer / skipper also undertakes to indemnify and hold the charter company harmless in respect of all claims of third parties in connection with the use of the yacht caused by him and not covered by the insurance, even if these claims exceed the amount of the deposited deposit.
c) In the event of damage to the yacht due to normal material wear and tear, the charterer / skipper is entitled to arrange repair or replacement if the amount does not exceed the value of €110.00. This cost will be refunded upon return, subject to 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. Longer periods as a result of necessary repairs during the charter do not entitle the charterer to claim for damages if they do not exceed 1/4 (one quarter) of the total charter time. In addition, the charterer is entitled to a replacement of the proportionate charter costs. Further claims for compensation do not exist.
d) In the case of major damage or in the case of accidents, possible delays, loss or inability to operate the yacht, the charter company must be informed immediately.
The charterer/skipper must take all actions that will serve to reduce the scale of damage and its consequences (ending charter etc.), and, in consultation with the organizer, commission the necessary repairs, document them, supervise and eventually indebt themselves for payment.The charterer / skipper must also prepare a damage report and, if third-party claims are to be expected, have it certified by the relevant/competent authorities. The charterer / skipper may be liable to pay any costs resulting from non-compliance with the aforementioned formality.

The charterer / skipper is also fully liable for all direct and consequential costs such as business failure, etc., resulting from a seizure of the yacht from his fault or that of a crew member.
e) If there is any reason to suspect damage to the yacht underwater, the nearest port should be approached and the investigation by a diver, crane or rag must be arranged at the charterer's expense. 
f) Theft of the yacht or parts of its equipment must be reported to the nearest police station. 
g) Animals may only be taken with the consent of the charter company.

10. Return of the yacht
a) The charterer must return to the agreed port at the time specified in this contract or arrange a modification in writing with the charter company. 
Timing must also take into account bad weather or other adverse circumstances. If the charterer cannot bring back the yacht himself, he must notify the charter company and have the yacht returned by his designated person at his own expense and risk. Until they are taken over, the charterer is required to leave a suitably qualified person on the ship. He is liable for all costs and claims resulting from a breach of this supervision obligation. The charter contract is only completed after proper return of the yacht.
b) Each day of delay entails a compensation payment equal to twice the daily tariff of the charter fee. The calculation is based on the price list of the charter company, valid at the time of the delay. Possible price advantages due to lower prices or special conditions e.g. early booking or recurring booking discounts, which the charterer has received upon commencement of the contract, are not taken into account in the calculation of the compensation payment.
c) The charterer must return the yacht to the organizer no later than the date agreed with the organizer. By this time, the entire crew including luggage must have left the yacht. The time for cleaning and return including inspection by the charter company or his authorized representative is part of the rental period stipulated in the contract. 
d) When returning the yacht, lost equipment and all damage must be stated and paid. For this purpose the deposit is used. In addition, the charterer is to inform about groundings and detected defects.
e) If the yacht and its equipment are handed over in good condition, cleaned completely and with a full tank, the deposit will be refunded to the charterer. Proper return will also be the subject of a protocol (checklist) binding upon signature by the charterer and the organizer or their authorized representative. 
f) If the yacht is not cleaned both inside and outside on return, the charter company is entitled to have the cleaning carried out at the charterer's expense. If the final cleaning is included in the charter price this also means that the charterer has to clean the boat and hand it over with clean dishes. If this is not the case, the charter company can charge additional cleaning costs.
g) If repairs are required, the charterer must return early after agreement with the charter company so that the repair can be carried out before the beginning of the following charter. If the damage is caused by the charter company, the charter fees for the downtime will be refunded. Further compensation claims (e.g. accommodation costs etc.) of the charterer are excluded. (See also point 8). If the damage is attributable to the charterer, the replacement of the downtime is no longer required.
h) If the damage or loss is an insured event, the return of the deposit or part of it will be deferred until the insurance has paid the relevant costs. The deposit is refunded after deduction of the insurance deductible and addition of all costs caused by the claim and not covered by the insurance. The deposit can also be returned later if the amount for any repair or other costs covered by the deposit at the time of return of the yacht cannot be determined accurately. 
i) Claims for damages by the charterer to the charter company must be asserted and justified in writing immediately upon return of the yacht. Later claims cannot be accepted.

11. Reservations of the charter company
The charter company reserves the right to limit the shipping area according to the category of the ship or in case of uncertain or unusual navigation conditions or to impose a ban on night driving. The responsibility for the consequences of disregarding these restrictions is the sole responsibility of the charterer / skipper.

12. Foreign contracts
If, in addition to this contract, the signature for a foreign contract is required, the provisions of the foreign contract apply in case of doubt.

13. Liability and Place of Jurisdiction 
All disputes between the charterer and the charter company must be settled directly between them. Existing arbitration boards and courts may be present at the registered office of the charter company.

14. Liability of the Agency
The Agency is the mediator of the contract between charterer and organizer and is solely liable within the scope of the duties and responsibilities of a mediator.

15. Effectiveness of the booking
The booking of the yacht takes effect only with the signing of the contract and receipt of the deposit within 10 days of signing.

16. Terms of payment Deposit & final payment
When booking your dream holiday, 50% of the charter fee must be paid in advance as part of the booking. The remaining payment over 50% is to be paid to us at the latest 6 weeks before the charter starts.

17. Extras & special requests Equipment
Binding, as well as optional extras (special requests and optional boat services) are payable locally at the base, directly to the base of the charter provider before taking over the boat to the charter company.

18. Contract validity
If individual parts of this contract are void or ineffective, the unaffected contractual parts remain valid. The correction of errors as well as printing and calculation errors remains reserved. Side agreements, verbal promises or changes must be confirmed in writing.

 

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