General Terms and Conditions
CONDITIONS OF CONTRACT
By signing the charter contract, the charterer ensures that he has the nautical and navigational knowledge, experience and authorization certificates required to operate the chartered yacht and the charter area described in the charter contract. Otherwise the charterer has to name a "skipper" who belongs to the crew and who has the abovementioned skills. In addition to the charterer, the skipper is liable like described below. In the event of a damage, it is to be expected that all information will be checked by the insurance company. If the comprehensive insurance does not apply in the case of a damage because the charterer or skipper has given false information about their skills or experience, the charterer and skipper are responsible for the damage incurred by the charter company even if they are not at fault or if the damage occurred by force majeure. The contract is concluded between the charter company and the entire crew, represented by the charterer. The charterer declares with his signature that he is authorized by the crew members to conclude the charter contract for them. The entire crew is jointly and severally liable for all of the charterer's obligations in this contract.
INSURANCE: There is liability and fully comprehensive insurance for the chartered yacht. The deductible for this insurance corresponds to the amount of the agreed deposit. Insofar as damage and / or losses are covered by the insurance, the lessee is not liable to the lessor. This does not apply if the damage is due to intent or gross negligence on the part of the lessee. Personal property of the renter and the crew are not covered by insurance. The deposit paid by the lessee serves to secure all claims of the lessor from loss of or damage to the yacht, as well as its furnishings and equipment, from late or non-contractual return of the yacht, as well as all other claims of the lessor from improper performance of this contract. Liability is not limited to the deposit.
CANCELLATION BY THE CHARTERER: The concluded charter contract can only be changed with the consent of Trend Travel & Yachting and according to the possibilities. If the contract is canceled 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 up to that point, afterwards it is equal to the full charter price. If the charter company cannot provide the booked yacht or a suitable replacement (this includes a yacht similar in size and equipment to the originally chartered yacht) no later than 48 hours after the agreed time, the charterer has the right to cancel the contract. In this case, the charter company has to reimburse the payments made by the charterer. Failures or inaccurate displays of measuring devices (e.g. electr. chart plotter) or other items of equipment do not entitle to a non-commencement or termination of the charter or to financial claims if correct navigation using classic navigation methods is possible and the safety of the ship and crew is not endangered.
CONTRACTUAL CHANGES/REBOOKINGS: If the charterer requests changes to parts of the contract (yacht type / size, charter date, ...), a processing fee of € 90,- has to be paid.
PETS: The charterer is not allowed to take pets on board without the permission of the charter company. This permission has to be given in written form.
HAND-OVER OF THE YACHT: The yacht is handed over with a full tank. The condition of the ship and the completeness of the yacht and equipment have to be carefully checked on the basis of a checklist by the charterer upon takeover and confirmed with a signature. Claims by the charterer due to defects in/on the ship or missing items of equipment during the takeover can only be asserted if the charter company has been informed by the charterer and a reasonable deadline to fix them has been set. The defects have to be recorded in the takeover protocol and countersigned by the charter company. If the charter company refuses to sign this claim, the charterer has to inform TREND TRAVEL & YACHTING immediately by fax/e-mail before departure. Financial refunds due to defects are excluded unless they were reported like mentioned above. This does not apply to hidden defects.
RETURN OF THE YACHT: After the end of the charter, the charterer hands the ship over to the charter company to check its condition and completeness, and if the yacht is fully fueled and cleaned. Lost, damaged or no longer functional equipment has to be reported to the charter company (supervisor) immediately. Damages and defects for which the charterer would like to get fincancial refunds have to be confirmed in writing by the charter company in the logbook or in the check-out list. If the yacht is chartered including "final cleaning", the crew has to hand over the ship "swept clean" and with clean dishes, otherwise this can be done at the expense of the charterer. The deposits made by the charterer will be repaid after the end of the charter if there are no damages. In the event of loss or damage, the deposit will be withheld in whole or in part until the final cost allocation. The charterer has to reimburse secret damages even after the repayment of the deposit. The yacht must be checked out at the return port at the prescribed time. An extension of the charter is not possible without the consent of the charter company. Difficulties caused by the weather do not affect the obligation to return on time. In the event of a delayed return, a contractual penalty (=double of the standard fee), and compensation for the cancellation of the subsequent charter can be demanded from the charterer. The crew is jointly and severally liable for damage caused during the charter period, in case the comprehensive insurance does not apply. The burden of proof for the contractual use during the charter period is borne by the crew.
OBLIGATIONS OF THE CHARTERER / SKIPPER: Charterers / skippers are obliged to handle the ship, including all equipment, carefully and in accordance with the rules of seamanship. No goods may be transported for a fee. There may not be more people on board than stated in the crew list. The laws of the countries of residence and transit are to be observed. Customs have to be done: „clearance in/out“. Towing other vehicles is only permitted in emergencies at sea, provided there are no other rescue options and no dangerous goods are to be transported. If the charterer needs towing assistance, the towing fee has to be agreed before accepting the assistance. The theft of the yacht or parts of it´s items have to be reported to the nearest police station immediately. The charterer is obliged to contact the charter company or his representative immediately. In the event of non-compliance, the charterers / skippers are liable for the consequences and costs arising from this. The skipper is obliged, in particular, to note any defects or damage occurring on board in the logbook or the checkout protocol, stating the place and time of occurrence and to inform the charter company by fax or e-mail. Claims of the charterer based on defects or damages that occurred or were recognized after the official check-in, do not entitle the charterer to get a financial refund or compensation if these defects or damages are not properly documented in the logbook or the checkout protocol or if the charter company can prove that these entries are incorrect. Charterers / skippers have to respect and to do the inspection and maintenance intervals during the cruise, as well as to note them in the logbook. This applies in particular to engine and gearbox oil, as well as sailing and steering systems. The charterer is obliged to not run the engine on a monohull yacht when under sails and only use the engine for as long as it is necessary in general. If these obligations are not met, the charterer is liable to the charter company for the resulting damage in accordance with the local laws.
LIABILITY OF THE CHARTER COMPANY: The charter company is liable for intent or gross negligence up to a maximum of twice the amount of the charter fee. For all defects that occur during the charter period and for which the charter company is responsible, the charterer must give the charter company or his representative the opportunity to remedy these defects. Trend Travel & Yachting GesmbH is not liable in the event of war, riot, terror, strike, nuclear accidents, natural disasters, orders from high hand etc. The charter company is obliged to prepare the trip carefully and to carefully select the persons and companies entrusted with the provision of the individual services . In the case of trips with special risks (e.g. expeditions), the charter company is not liable for consequences that arise from it.
JURISDICTION: For disputes between the charterer and Trend Travel & Yachting GmbH from the conclusion of the contract, the place of jurisdiction is KUFSTEIN. The law of the Republic of Austria applies. Arbitration court: In the event of any disputes that may arise from this charter contract Arbitration court of the VÖV (Association of Austrian Charter Companies) www.voev.at can be called. Corrections of errors and misprints remain reserved and do not affect the validity of the contract.