General Charter Terms <>
Pecumedia GmbH, Charter Agency Charterpartner.com
PO-Box 401 444, D-80714 Munich, and Charterpartner.com are all registered
names referring to the selfsame sailing charter company.
All claims are subject between the contract partners.
Further agreements are valid in this contract only if they are written and
signed.
This konwledge of this conditions was confirmed by a mouseclick. The chartercompany reserves the right to ask clients to sign a physical contract at boarding. As everywhere, only the contractual terms in local (turkish) language are valid.
1.) Charter company´s duties
The charter-company will present the chartered boat at the agreed date
and time in perfect condition.
The boat is full-insuranced.
The self-participation in case of an accident is Euro 500 or Euro 1.000,
dependig on the boat.
The insurance for liabilities is Euro 2.500.000
There is no insurance for accidents of crew or skipper included.
If it is not possible, to hand out the boat at the agreed date and time,
because it is damaged from another charter before, or it is impossible
to use the boat by reasons, which are not in the hands of the charter-company,
the charterer has the right, to obtain a similiar boat with at least the
same number of berths, even, when it is smaller, or the charter-payment
will be paid back without any right of further compensation.
The refund is similiar of the percentage of the cancelled usage.
The boat is passed from that moment, when the charterer confirms with
his signature, that he overtook the boat in functional perfect condition
and that he checked inventory-list.
2.) Renter´s duties
The charterer/skipper confirms expressively his right to skipper a boat
and that he has the necessary legal licences.
The charterer is skipper in one person and obliges himself
not to take more people on board, than are licenced and allowed
not to do commercial transport of goods or persons
not to take undeclared goods on board
not to take part in races or regattas
not to drag other boats except only by security-reasons
not to give the boat to third persons or parties
to conduct the logbook
to observe local laws
in case of an accident to inform the coast guard immidiately
to get a protocoll about the accidential circumstances by coast guard
or other official authorities
If the charterer does not observe these claims, as well without his
fault, the Charterer takes all responibility and excludes the owner of
the boat from any obligation against customs, police, coast-guard or other
authorities in any cases of jurisdiction and financial fines, confiscation,
or other orders of a court.
The charterer is responsible for all actions, omitments and their consequences.
The charter-contract prolongues automatically until the boat is regiven
with the inclusion of obligation to pay the charter-costs.
The charterer is obliged, to control the perfect condition of the chartererd
boat befor check-in, to control the inventory.
Complaints must be adressed to the charterer before the check-in-form
is signed.
All deficiencies claimed after the signature on the check-in form do
not give the right to shorten any payment, except, the lack was in knowledge
of the charter-company before, or not known because of extreme careless.
If during the use of the charter damages from normal use occur, the
charterer can order a repair on his own responsibility.
The costs shall not be more than 150 Euros in that case.
If the repair-cost are estimated higher, the charter-company
must be informed and their instructions must be followed.
The costs will pe paid back by presenting a formal infoice.
If a damage occurs, which does not hinder the further sailing trip,
the charterer must be so early back at the charter-base, that it is possible
to repair the boat before the next charter starts. The return must be in
that case at least 24 hours before regular check-out!
If the damage is more serious, break of a mast or other, the charterer
is obliged to inform the charter-company and to wait for instructions.
Only in case of a extreme-security-cause tugging is to be accepted.
Before taking a tug-line, it is the obligation of the charterer, to
agree a tug- or revovery-salary with the captain of the tugging boat!
This can only be on base of international sea-rights and -law!
In case of damage or loss of the boat or inventory the charterer has
to pay all costs, maximum in height of the paid security-deposit.
The deposit will be paid back, when the baot was taken back from the
charter-company in perfect condition in the agreed harbour.
If repairs or restoration are necessary, the rest of the deposit will
be paid back after draw up all costs.
Return to the agreed harbour is obligatory.
If the return is not possible by weather-reasons, the charterer is
still obliged to bring the boat back to the agreed harbour at agreed time.
If the charterer brings the boat back delayed, he is responsible for
financial compensation.
If the sailing-trip needs to be ended at another place, than the
agreed, the charter-company must be informed early enough!
The charterer is obliged, to give the boat only to qualified crew,
until the charterer cantake the boat back.
The boat is not returned, until it is taken back in the agreed return-harbour
or given to the follow-up-crew by the participation of the charterer.
After return, the charterer has to agree a check-out-time with the charter-company.
This must include an inspection of the boat and all inventory.
The return is not ready, untill the check-out is formally and signed
confirmed by the charter-company.
3.) General charter terms
In case of resignation the charter-company tries to find another charterer.
If there is another charterer for the same time and duration for the
chartererd boat, there are no costs except a charge of lump-sum of 100
Euros.
If only a partial rental is possible, the costs for the chartered
time minus the replace-charter must be paid plus a lump-sum of 100 Euro,
maximum the complete charter-fee must be paid.
The charter-area is turkish waters /coast-line and open sea of the mediterranean.
The skipper is obliged to respect international law and to clarify
out and in in case of crossing boarders.
The charterer is obliged to give the boat back in perfect condition.
He is responsible for all damages on the boat including inventory and
supplements.
4.) Final agreements
The parties agree the place of the charter-companies residence for legal
affairs and the legal right of the Federal Republic of Germany.
If a determination of this contract is not valid or will be not valid
at a later time, it does not affect the validity of the other determinations
of this contract or the contract at all. In that case, the parties are
obliged to replace the not-valid determination with a valid one, which
is appropriate to the economical and juristical senses in a legal accepted
way.