The
complete Crew List must arrive at least 2 weeks before the beginning
of the charter, otherwise we can not guarantee authority permissions
to be given in time.

The
charter area is limited to Cuban national waters, these must not be
left under any circumstances.

The
restricted area near Playa Giron („bay of pigs“) must be strictly
obeyed.

Only
persons listed on the officially approved crew list may be taken
aboard.

Nighttime
cruising is prohibited within reefs and shallow areas (depth less
than 10 meters).

In
any case of an elevated risk of tropical storms or similar, all
instructions from the

charter
base concerning sailing routes and choice of ports or anchorages
(so-called hurricane holes) must be obeyed exactly.

1. The
charter fee remains in the possession of the owner also if the yacht
will not be used by the charterer during the charter period, the
reasons for this vacancy are irrelevant as far as the owner is not
responsible for them.

2. If,
due to a damage during the previous charter or other unintentional
reasons, the yacht cannot be made available within 48 hours after the
contracted date, the owner has the right to provide the charterer
with a similar yacht equipped for the same number of persons. In this
case, the loss of charter time will be proportionally refunded by the
owner. If no similar yacht is available, the full charter price will
be returned. The charterer has no right to any compensation higher
than the charter price.

If
parts of equipment were lost or damaged during a previous charter and
could not be replaced before begin of the charter period, the
charterer cannot withdraw from the contract or claim a reduction
unless the yacht has lost its seaworthiness.

3. The
owner agrees to insure the yacht to give the charterer coverage -
minus the deductible - against liability and damage to the yacht
(except for lost or stolen equipment), theft and burglary. The owner
and his insurance are not liable for any personal items brought
aboard or any injury to persons aboard.

4. The
owner hands over the yacht seaworthy and fully functional, cleaned,
with a full diesel fuel tank and a full bottle of gas. The check-in
is done based on the yacht inventory. The charterer verifies and
confirms at check-in the state and completeness of yacht and
equipment.

5. The
charterer agrees to only take the maximum number of persons aboard
that the yacht is equipped for. He agrees to only use the yacht for
leisure purposes and within all valid navigation and customs laws and
regulations. The proper use of the yacht excludes any sort of trade,
professional fishing, leasing and rental, transport, participation in
yacht races etc. In case of disobedience, the charterer alone is
responsible to authorities, in lawsuits, for fines and confiscation
of the yacht etc.; even if he was unaware of any guilt. Lending or
leasing of the yacht by the charterer to a third party are not
permitted.

The
completely filled Crew List must be handed in to the owner 14 days
before the beginning of the charter at the latest. As far as the Crew
List has not been received at this date, the owner can not be held
responsible for permissions by local authorities to be given in time
and, consequently, for a punctual beginning of the charter. In case
that single crew members are denied permission for navigation in
Cuban waters, this does not give the charterer the right of
cancellation of the whole charter.

6. The
charter area is limited to Cuban national waters, which may not be
left under any circumstances. The restricted area off Playa
Giron („bay of pigs“) must be strictly obeyed. No persons, who are not
listed on the officially approved crew list, may come aboard. At
nighttime and in case of limited visibility, navigation is only
allowed seawards of the 10 meter depth contour or in marked and
lighted waterways. Nighttime cruising inside reef areas is not
allowed. In any case of an elevated risk of tropical storms or
similar, all instructions from the charter base concerning sailing
routes and choice of ports or anchorages (so-called hurricane holes)
must be obeyed exactly. The charterer has to pay a local tax of
presently 6 Pesos Convertibles (CUC; 1 CUC=1,08 US$ as of April 2005)
per person per day at the base. Children under 12 are free.

7. The
charterer has the urgent duty to conscientiously keep the ship’s
diary and to hand it over to the owner at the end of the charter
period. Any claims to refunds or damages are excluded if there is no
or only an insufficient diary or log book.

8. All
combustibles, fuels, harbor fees etc. have to be paid by the
charterer. During the charter period, the charterer regularly makes
all necessary checks of hull, mast, sails and rigging as well as of
the motor (lubrication, cooling etc.) and takes all measures for best
keeping the value and functionality of the yacht.

9. The
charterer has to return to the base timely before the end of the
charter period and inform the owner’s representative about his
presence.

10. The
charterer has to return the yacht and its equipment with full diesel
fuel tank, in good state and fully functional. Lost, damaged or
malfunctional equipment has to be announced at return without special
request. The charterer has to explicitly mention all damages known to
him.

After
disembarking and unloading all personal items, the yacht will be
checked-out by the owner’s representative. If the state of the
yacht is satisfactory, the security deposit will be returned to the
charterer.

11. In
case of loss or damage to the ship or equipment, the charterer has to
pay for repairs or replacements. In all cases covered by an
insurance, the security deposit minus the deductible will be returned
to the charterer.

If
the yacht is not returned in time by the charterer, the owner has a
right to compensation (for loss of use etc.). The return is only
completed after the yacht has been vacated and checked out in the
port of return.

12. If
a minor damage does not interfere with continuation of the voyage,
the charterer has to return to the base at least 24 hours before the
end of the charter period in order to make any necessary repair
possible and not to delay the following charter (loss of use - see
above).

13. Damages
due to normal wear and tear of less than 50 Eurs may be ordered to be
repaired by the charterer without further request. Repairs beyond
this amount have to be approved by the owner under the phone number
given at check-in. No repairs may be made by non-specialists!!! All
invoices and receipts as well as changed parts have to be kept by the
charterer and brought back to the base.

14. In
case of severe damage (collision, fire etc.) and theft, the charterer
has to draw up a record by an official (harbor master, police etc.)
and to inform the owner or his representative as soon as any possible
to receive instructions. In case of theft or burglary, the police
must be informed immediately. If the charterer does not comply with
these formalities, he will be made liable for the total damage. The
same applies to any case of confiscation (bring copies of all records
and documents under any circumstances).

15. A
loss of use of the yacht due to sudden and unforeseen damages during
the charter period do not entitle the charterer to a complete or
partial return of the charter price.

16.Any
complaints of the charterer have to be handed to the owner or his
authorized agent in writing within 14 days after the end of the
charter period. Such complaints can only be accepted and dealt with
if they have been made known to the owner’s local representative
at the return of the yacht with a written confirmation of this
representative

17. Charterers
of less than 18 years of age need a written agreement by their legal
representative and the acceptation of these terms and conditions of
contract by such representative.


18. This
agreement is binding for the owner as soon as he has received a copy
of the contract signed by the charterer and the first deposit
payment.

If
the charterer cancels this agreement after signature, the following
cancellation fees must be paid: from signature of contract 50%, from
12 weeks before charter period 75%, from 8 weeks before charter
period 100% of the charter price.

If
the charterer wishes a change of the charter period and the yacht
cannot be used otherwise, the fee for change of date will be
one-fifth of the above cancellation fees, with a minimum of 100
Euros, plus the difference, if any, between the charter prices.

In
case of cancellation or change of date and if the yacht can be used
otherwise during the originally booked period, there is a handling
fee of 100 Euros plus any possible discount and/or price difference
due to different duration of the charter period.

We
urgently recommend travel insurance.

19. Place
of fulfillment and venue for both sides is Augsburg, Germany.

20. If any one part of this agreement should be invalid, this does
not affect the other parts. All verbal arrangements require written
confirmation.