General Terms and Conditions
1. Charter area:
Turkish coast between Kusadasi and Antalya as well as the Greek Dodecanese islands (utmost limitation – these area limits must not be transgressed without the chartering party’s consent).
2. Type of use:
Participation in races and regattas is generally not permitted.
The charter price includes:
Use of the yacht including accessories/ equipment, by the CHARTERER and crew.
a) the natural wear and tear of the yacht.
b) the premiums of the insurances referred to in paragraph 6.
c) Support at the permanent mooring base of the yacht.
d) Duties, fees and taxes that are incurred at the permanent mooring base of the yacht (transitlog excluded).
Other costs, especially for fuel, are not included in the charter price.
The deposit for boats up to 50ft is € 2,500.
The deposit for boats up to 57ft and catamarans is € 3,500.
The deposit for the Jeanneau 64 is € 6,500.
An additional deposit of € 1,000 is required for gennakers. The deposit and the additional deposit serve as security for all claims of the charter company arising from the charter.
The deposit must be paid only by credit card when the yacht is handed over at the base. "Debit cards" are not accepted for the deposit.
Accepted credit cards: Eurocard/Mastercard, VISA.
The charterer, or the captain appointed by the charterer, assures to have the necessary naval knowledge and experience to master the yacht in open waters and to hold the sailing licences required for this purpose.
In case of damage, this information will be verified by the insurance company, if necessary. The designated captain confirms this information and documents with his signature.
If the charterer and/or the captain terminate their obligations as per contract, and/or leave the yacht before the contractual end of the charter, the yacht may no longer be moved.
In such cases, the charterer must immediately inform the charter company by telephone and await the instructions of the charter company. At the request of the charter company, the yacht must be handed over immediately to the charter company or to the person or institution specified by the charter company.
The charterer and the captain are fully liable for all costs, losses and damages incurred to the charter company due to the aforementioned circumstances.
Should the charter company determine upon handover of the vessel that the nautical knowledge of the charterer or captain is insufficient to safely operate the yacht, or should the charter company have reasonable doubt as to the captain’s ability to operate and navigate the vessel, the charter company has the right:
- to carry out a trial trip of several hours under the supervision of the charter company at the expense of the charterer, or
- to request a change of captain, or
- to refuse the departure completely. The yacht can then only be used by the charterer at its berth in the port of departure.
The charter company is entitled to refuse the handover of the yacht to persons who are under the influence of alcohol or whose capacity to act is impaired for other reasons.
The Charterer is responsible for compliance with all legal provisions applicable to the captain.
The ship is fully comprehensive insured with an excess deductible in the amount of the deposit for each damage event and liability insured for personal injury and property damage up to € 5,000,000. The excess is to be borne by the charterer. No insurance cover is provided for personal injury caused by an accident on board, damage to any property brought on board, or any damage or loss induced wilfully or by gross negligence.
6. Special obligations of the charterer:
The charterer must name all persons travelling with him (crew) at least 2 weeks prior to the start of the charter. The crew members shall be deemed vicarious agents insofar as the charterer assigns them tasks from his contractual area of responsibility.
The charterer must handle the ship and the equipment responsibly in accordance with the rules of proper seamanship, in particular to
- observe the legal provisions of the countries of residence and transit and clear in and out of the country in accordance with the regulations,
- keep the logbook properly and leave it on board,
- carry out the regular control and maintenance measures,
- conduct night cruises only at great care.
It is prohibited:
- to transport persons or goods for personal financial gain,
- to leave the yacht to third parties,
- to allow persons registered in the transit log to disembark or to take persons not registered in the transit log on board during the term of the contract period without proper declaration.
- to embark or disembark persons in Greece.
- to carry undeclared dutiable goods or dangerous goods on board,
- to take more persons on board than permitted,
- to participate in races or regattas,
- to tow other vessels unless there is a case of distress or no other rescue possibilities exist.
In case of damage to the yacht or its accessories during the term of the rental period, the charterer will arrange for the immediate and proper repair of the damage up to the amount of € 200. Replaced parts are to be kept. In the event of major damage as well as in the event of average, loss, inability to manoeuvre, seizure or impairment of the vessel as well as possible delays, the charter company is to be notified immediately and its instructions are to be sought.
The charterer must do the utmost to reduce the damage and its consequences (such as deficiencies, etc.) and, in consultation with the charter company, to commission, document and supervise repairs and to advance the costs, insofar as this is necessary and reasonable for the charterer. In the event of damage, the charterer shall draw up a record and arrange for confirmation by suitable institutions or persons (e.g. port captain, doctor, witnesses). If damage cannot be repaired on site, the charterer is obliged to return early after consultation with the charter company if this is reasonable. Expenses will be reimbursed by the charter company against presentation of receipts and deficiency periods during which the charterer is no longer able to use the yacht (even partially) will be reimbursed unless the charterer is responsible for the damage.
7. Impairment of Performance:
If the charterer withdraws from the contract, the following cancellation fees are due in relation to the charter fee:
- From signing the charter agreement until 8 weeks before the start of the
charter period = 50% cancellation fee
- less than 8 weeks before start of the charter period = 60 % cancellation fee
- less than 6 weeks before start of the charter period = 80 % cancellation fee
- less than 4 weeks before start of the charter period = 100 % cancellation fee
The charterer is entitled to prove that the charter company has suffered no or considerably less damage.
If the charter company cannot provide the ship or a reasonable replacement ship or cannot provide a ship in time, the charterer is entitled to demand a reduction of the charter fees for the period of deficiency or to withdraw from the charter contract.
The charterer may not withdraw from the contract if parts of the ship’s equipment failed during the previous charter and could not be replaced in time, provided that the ship’s seaworthiness is not impaired as a result hereto. The charterer’s claims for reduction of the charter price remain unaffected.
Claims by the charterer relating to the condition of the yacht or other services provided on site by the charter company or its vicarious agents must be reported in writing to the base representative when the yacht is returned, stating the causes.
8. Delivery of the yacht:
The yacht is delivered to the charterer with full fuel tanks and a spare fuel canister. The condition of the vessel and the completeness of the equipment and inventory must be checked in detail by the Charterer on delivery, using an equipment list and to be confirmed by signature.
9. Return of the yacht:
At the end of the charter period, the charterer shall return the yacht in a reasonably clean condition (inside and outside), with full fuel tanks and an empty holding tank, including appropriate proof of disposal. Consumed fuel that has not been refilled must be reimbursed by the charterer. The fuel consumption can be determined as a lump sum.
The charter company and the charterer shall jointly check the condition of the vessel and the completeness of the equipment. Damage to the vessel as well as lost, damaged or no longer functional equipment must be reported immediately by the charterer upon return.
The security deposit will be returned without deductions if there is no damage to the yacht. In the event of loss or damage, the deposit will be retained in full or partial according to the extent of the damage, provided that immediate settlement is not possible. The retained deposit will be settled as soon as the amount of damage has been determined.
The charterer’s liability for unreported loss or damage remains even after the deposit has been returned.
10. Extension, delay and return:
The yacht must be returned at the agreed time. The contract period can only be extended with the consent of the charter company. Bad weather conditions do not affect the obligation to return the yacht on time. The charterer must therefore keep the yacht in sufficient proximity to the return port during the last 24 hours prior the end of the charter. In the event of delays, the penalty to be borne by the charterer will be the double of the daily pro rata charter rate for each 24 hours of delay starting from the agreed return time. The charterer is entitled to prove that the charter company has suffered no or considerably less damage.
If the charter period has to be terminated at a place other than the agreed port of return, the charter company must be notified immediately. The charterer shall take care of the vessel or have it taken care of by qualified persons until the charter company can take over the vessel. The contract only ends with this takeover. The charterer shall bear the costs of the return delivery by the charter company in the amount of € 250.00 per day and per employee deployed, as well as the costs of the journey to the place of collection in the actual amount.
11. Liability of the charter company and the charterer:
The charterer shall only be liable to the extent of the deductible according to paragraph 3, i.e. not for consequential damage and similar losses, unless he has acted wilfully or with gross negligence or if the insurance company refuses cover for reasons the charterer is responsible for.
Claims for damages by the charterer are limited to the amount of the agreed charter price. This limitation of liability shall not apply in the event of intentional or grossly negligent conduct on the part of the charter company, its legal representatives or its vicarious agents and for damage resulting from injury to life, body or health caused by a negligent breach of duty on behalf of the charter company or an intentional or grossly negligent breach of duty on behalf of a legal representative or vicarious agent of the charter company.
Under no circumstances the charter company shall be liable for damage to life, body, health, property or assets resulting from poor seamanship when operating the yacht. The charterer is aware of the high demands that are involved in operating a sailing yacht, especially on an open water deep-sea cruise.
12. Final provisions:
Turkish law applies as the main contractual performance is rendered in Turkey.
If the Charterer is a merchant, Marmaris, Turkey, is agreed as the place of jurisdiction for all disputes arising from and in connection with the charter. Otherwise, the statutory provisions shall apply to the jurisdiction.
If individual provisions of these GTC are void or legally ineffective, the validity of the remaining GTC shall not be affected.