General terms and conditions of the AMS company

1. Subject of the contract and charter time

The charterer, sailing himself, rents the sailing yacht for the maximum number of people as there are bunks on the yacht. The equipment corresponds to the current charter catalogue. The yacht is handed over on the day before the first charterday. The charter begins at 5 p.m and is to be returned on the last day of charter by 10 a.m at the latest. The harbour for departure and return is the Marina Vrsar/Istria.

 

2. Charter charges, payment date, security

The deposit and the final payment have to be made to the AMS company, account number 6661 at the Raiffeisenbank Oberessfeld, bank number 790 691 88 in Germany.

(Or account number 18341 at the Raiffeisenkasse Taxenbach, bank number 35064). The charter price includes: The use of the yacht and of the equipment by the crew members. The resulting natural wear of the yacht. The insurance premia of the below mentioned insurances (number 3).

The fees for harbours and Marinas as well as the costs for petrol, diesel, electricity, health resort tax, gas and water and the permit for Croatia are to the debit of the charterer.

The security is up to 1.500,- Euro, which corresponds to the amount of the cost sharing of the hull insurance for the yacht. The security has to be payed in cash before the start of the charter at the base. The security serves to protect the claims of the owner towards the charterer and his crew. The AMS company renounces the security after the end of the charter, if the charterer pays for possible damages of the yacht or loss of equipment immediately on location.

If the charterer does not pay the mentioned deposit or the final payment despite of a reminder, the AMS company is authorized to cancel the present charter contract and to charter out the yacht elsewhere. If the yacht can not be chartered out any more or only for a part of the afore mentioned period (number 1), the AMS company can claim for compensation towards the charterer to pay the complete charter charges or the difference respectively. If the contract is not signed and sent back to AMS until the date of return, it is cancelled cost-free upon expiration of the date of return.

 

3.       Insurances

There are the following insurances for the yacht, effected by the owner:

a. liability insurance for the yacht for damages to persons or property, 1.000.000,- Euros global,

b. hull insurance for the yacht with cost sharing, up to 1.500,- Euro for each damaging event.

Deducting cost sharing, the hull Insurance covers damages of loss or damages by boot accident, fire, explosion, act of God or theft. The charterer is liable until the amount of cost sharing like the owner, if he uses the yacht himself. The charterer takes also the risk, untill the amount of cost sharing, particularly of unindebted damages, losses, etc by act of God, theft or others.

The insurances are part of the charter contract and are are aboard of the yacht. The personal goods and damages to persons of the charterer or his crew are not insured. If the charterer or his crew cause intentionally damage or due to gross negligence or if the charterer or his crew are guilty of wilful deceit concerning the inquiry into the reasons and compensation of an average, the charterer is personally liable for all damages and costs, as the insurance is free from the commitment to pay due to this behaviour.

 

Security insurance

The charterer can take out a security insurance together with this charter contract if he so desires, in which case it is not necessary to pay a deposit.

 

1.       Contingency risk

Can be claimed of the security in case of a hull loss at the chartered yacht. The cost sharing for each damaging event is 50,- Euro.

 

2.       Exclusions:

The insurance is not liable, if the damage was caused intentionally or due to gross negligence. Lost objects are not insured!

 

3.       Insurance premium

The premium of the security insurance is up to 100,- Euro for each charter period. The premium has to be transferred separately of the charter charges to the AMS company, account number 6661 at the Raiffeisenbank Obereßfeld-Römhild eG, bank number 79069188 in Germany or for Austria, account number 18341 at the Raiffeisenkasse Taxenbach, bank number 35064. The premium has to be transferred to this account only!

The premium has to be transferred within 8 days after the conclusion of the contract on the above mentioned account.

Yes, I want to take out a security insurance. (Please mark with a cross)

 

4.       Charter region

The charter region is the croatian Adriatic Sea and can only be exceeded with the written permission of the AMS company. It is not allowed to cross the channel between the isles Pasman and Uglian. The bridge only has a headroom of 16,5m.

 

5.       Crew and seamanship

Note: In case of an average, you may reckon that the following details will be checked by the insurance company.

 

 

 

Skipper: ……………………………………………………………………………………………

 

                              name                age                   profession

 

………………………………………………………………………………………………………

      place of residence                street

 

 

seamiles, sailed in open waters as a skipper: ……………………………………………………

 

 

 

The charterer explains expressly, that he or the skipper respectively dispose of all nautical and navigational knowledge and experience that are necessary for sailing a boat of this size in open waters, and that the crew also disposes of enough knowledge to support the skipper. If the charterer and the skipper are not the same person, than both are together liable towards the AMS company and the owner. For sailing the yacht, the skipper needs the naval licence for sport boats and has to have a certificate for UKW radiotelephony.

 

6.       General obligations

The charterer commits himself to sail the boat responsibly, to treat it carefully and to behave in each situation as if the boat is his property. He is particularly obliged, not to take more persons on board than are allowed for the yacht, to follow the special regulations of the region, he is sailing in, to follow the laws and decrees of the host countries (forbidden import of dutiable goods and forbidden export of antiquities can lead to confiscation of the yacht), to show his crew list at the next Capitaneria and to apply for the permit of navigation, to carry out the regular registration and cancellation at the respective harbour captain, not to do races and regattas, professional fishing, trade and transport, not to pass on or rent out the boat to a third party, not take animals on board, to read the existing operating instructions before sailing and to write the logbook regularly and to leave it on board. The charterer is obliged to familiarise themselves with the technical and other equipment on the yacht, and to follow the operating instructions on board. He has to control and service the oil level and the water if there is two-circle-cooling, as well as the Bilgen daily. Damages, which are caused by failure, are not insured at all and have to be payed by the charterer. In case of non-compliance of the above mentioned obligation, the charterer is fully liable for the possible resulting damages.

 

7.       Damage event and unusual occurences

In case of normal wear up to 150,- Euros the charterer is authorized, to oblige the owner to make repairs himself. The resulting expenses are refunded by presenting the receipted bill. Repairs of this kind over 150,- Euros have to be approved previously by the owner or the AMS company. Changed parts have to be kept in any case.

In case of an average, loss, unseaworthiness or disabilty, confiscation or hindrence of the boat by authorities or outsiders, the charterer has to inform the AMS company immediately. If the charterer or his crew are culpable for confiscation or hindrance, he is liable for all consequences towards the owner and the AMS company. The charter contract then is regarded as extended until the return of the boat with the obligation for the charterer to pay the charges, in case AMS proves that due to the late return of the yacht, he fully or partly lost charter. The claim of compensation hereby stays untouched.

If the base leader at the Marina Vrsar is not available, the charterer or his skipper is obliged to inform AMS in Hofheim.

In case of damages of the boat or to persons, the charterer has to write a protocol giving the reason and the course, and if necessary also the name of the opponent of collision and the afore mentioned has to wait for objective confirmation by an official expert or the harbour captain or the doctor respectively.

In case of fire on or theft of the yacht or the equipment, the charterer has make a report at police immediately.

Grounding, linen which have come into the propeller or other things like that, have to be noted in the logbook in any case and immediately be reported verbally to the base leader of the terminal ground after the arrival in the Marina Vrsar or any other return harbour.

If a small damage or loss of equipment does not impede the continuation of the journey, the charterer has to return 24 hours before the end of charter in order to remove the damage, so that the beneficiary for the following charter is not delayed.

 

8.       Take-over of the yacht

The yacht is handed over to the charterer in the start harbour with full tank and ready to sail. The proper condition of the boat, function and completeness of the equipment and the inventory have to be checked and confirmed by the charterer together with the AMS company or its representative with the help of the equipment list.

 

9.       Repatriation and return of the yacht

The charterer has to return to the start harbour within the scheduled period and has to communicate the AMS company or its representative on location his presence. A prolongation of the agreed charter time is not possible without the consent of the AMS company. A predictable delay has to be reported to the AMS company or its representative immediately by phone. In case of delayed return of the yacht, the AMS company can claim compensation. If the charterer leaves the yacht at another place, as the one agreed, he has to pay the costs for the repatriation of the boat by land or by water, as long as these costs are not beared within the scope of an insured event. The return is only considered to be made, if the yacht is again at the return harbour.

After the end of the cruise, the charterer hands over the refuelled and regularly reequipped boat to the AMS company or its representative responsible for the check of condition and completeness. Lost or damaged objects or those, which are not able to work any more have to be reported on return.

The end cleaning of the yacht is made by the base leader. For the end cleaning of the yacht on location an amount up to 150,- Euros is than due and has to be paid directly to the base leader.

 

10.   Withdrawal

If the charterer can not occupy the charter in the scheduled time due to reasons the owner or the AMS company are not responsible of, the charterer is nevertheless obliged to pay the complete charges of the charter contract, provided that he is responsible for the reasons. The AMS company however will do its best to find a substitute immediately. If a substitute for charter is found, the so far payed charges will be refunded, after the accrued expenses and a processing fee of 100,- Euro are deducted. Otherwise the AMS company is still entitled to the complete charter charges according to the contract. In case of a part charter as an alternative, the resulting difference is repayed. An insurance for the costs of withdrawal from the journey is absolutely recommended.

 

11.   Liability of the AMS company

If the boat can not be made available by the AMS company in time and they can offer no boat as a substitute which is similar in value, the charterer has the right to withdraw from the contact upon expiration of 24 hours after the charter began. All payments made from this contract will consequently be refunded to the charterer. If it is already certain before the day of the journey, that AMS can not make available the yacht or another boat as substitute, AMS is obliged to inform the charterer immediately, so that a journey is not necessary.

Futher claims (e.g. costs for journey or overnight stay, premia for journey insurances etc) are excluded. If the charterer does not withdraw from the contract, he keeps the claim of proportionate costs for the time, the boat is available at a later date. If parts of the equipment have been damaged or lost while a previous charter, without the possibility to get the corresponding replacement before the start of the new charter, the charterer can not withdraw from the contract for that reason or claim diminuition towards the AMS company, unless the boat would thereby be affected in its seaworthiness.

If after the take-over of the boat by the charterer, a wear and tear damage or other defects on the trunk, the tackle or the machine appear, which have not been discovered by the AMS company or its representative during the handover and if the cruise therefore has to be discontinued, the charterer can claim refund of the proportionate charter charges for the days the yacht can not be used (diminuition). Further claims, particularly for costs of catering, journey or overnight stay, lost holidays, damages for pain and suffering, loss of earnings or others are expressly excluded. The charterer also has no claims towards the AMS company, if there are damages or defects, caused by act of God or a third party. The lack of individual parts of equipment or single small defects, which do not affect the use and seaworthiness of the yacht, do not authorize the charterer to reduction claims.

Since it is not possible for the AMS company to make the necessary corrections for the sea maps and nautic documents in the course of the season, it is not liable for damages or claims, which are caused by faults in the navigation documents.

Otherwise the AMS company is liable for intentional  and gross negligence, even for its auxiliary persons up to the double amount of the agreed charter charges according to the contract. Further rights of recourse are excluded.

The charterer and his crew use the yacht and its equipment for the rest at their own risk (the liability between skipper and crew is settled in a liability agreement, as it is advisable). Possible claims for compensation from the charter are adressed to the owner and have to be asserted at the latest 14 days after the end of the charter by a certfied letter to the AMS company. Rights of recourse can only be considered, if the corresponding facts of the matter have been confirmed for the charterer at the berth of the yacht by the representative on location. It is not possible to assert not blamed defects later. Claims for compensation are limited until the maximum amount of the agreed charter charges. All claims beyond this are excluded, unless the AMS company or the owner acted grossly negligent.

 

12.   Liability of the charterer

In case of violation of the obligations agreed by contract, the charterer is liable towards the AMS company for all resulting consequences. If the AMS company is made liable for actions or failures of the charterer by a third party, the charterer exempts the AMS company from all legal consequences.

For the rest the charterer is liable for all damages caused by him or his crew. The liability is however limited to the cost sharing in case of damages which are covered by one of the insurances mentioned under 3.

 

13.   Place of jurisdiction

The parties agree in using the law of the republic Croatia. The place of jurisdiction is Pula. If individual regulations of the contract are invalid or inoperative, the validity of the contract for the rest is thereby not affected, the contracting parties are commited mutually, to replace the inoperative regulation by a economically equivalent effective regulation.

 

14.   Miscellaneous

Verbal arrangements are only effective, if they are confirmed in writing by the AMS company.

The skipper is obliged to ensure, that the whole crew does not enter the boat with footwear, that is worn ashore.

 

 

date/signature                           charterer                             skipper