Terms of Use
Rental Agreement - Terms and Conditions
Contractual Partners
The rental agreement is concluded between the lessor and the lessee, possibly through the agency Ocean Yacht Charter. If an agency is used, the agency acts only as an intermediary.
Payment, Cancellation, Non-Appearance by the Lessee
1. Unless otherwise stated in the contract, the stated rental deposit is due within 5 days of the contract conclusion, and the remainder six weeks before the start of the cruise. Payment must be received within the specified deadlines.
2. In urgent cases, the lessor may declare cancellation within 4 days of the contract conclusion. In this case, the lessor undertakes to immediately refund any amounts paid to the lessee (if necessary through the agency).
3. The lessee is strongly recommended to take out travel cancellation insurance. The lessor or agency will be happy to provide information about appropriate insurance policies.
Lessor's Obligations
1. The booked yacht will be handed over to the lessee clean, ready to sail, seaworthy, and fully fueled.
2. If the booked yacht cannot be handed over on the date agreed in the rental agreement (e.g., due to a breakdown, unseaworthiness due to an accident during the previous charter, etc.), the lessor may provide a replacement yacht of equivalent value. Any warranty claims remain with the lessee if the replacement yacht has defects.
The lessee warrants and undertakes as follows:
1. To adhere to the principles of good seamanship.
2. To be proficient in seamanship and to have sufficient experience in sailing a yacht, or to provide a responsible skipper with these qualities. If the lessee or their skipper does not possess the required license or certificate of competency to sail the yacht in the agreed boat class, the lessor reserves the right to refuse handover of the yacht and retain the charter price, or to provide a skipper in the name and at the expense of the lessee.
3. To comply with the legal regulations of the host country and to register and deregister with the harbormaster.
4. Not to use the yacht for commercial purposes, not to take on board any third-party passengers, not to cede or rent the yacht to any third party without the written permission of the lessor, and not to transport any dangerous goods or substances.
5. Leaving the water area is only permitted with the prior written consent of the charterer.
6. Modifications to the vessel or equipment are not permitted.
7. The yacht and its equipment must be treated with care. Only boat shoes may be worn while boarding the yacht. The logbook must be kept in a simple form, and charterers should familiarize themselves with the conditions of the cruising area before starting the trip.
8. In winds of force 7 Bft or greater, the yacht should not leave the sheltered harbor.
9. After the trip, the yacht must be returned in a perfect, tidy, cleared, and fully fueled condition. Otherwise, refueling and clearing will be charged and deducted from the deposit.
10. In the event of damage, collisions, accidents, or other unusual incidents, the charterer must be informed immediately. In the event of damage to persons or the vessel, a written record must be made and a counter-confirmation must be secured.
11. In the event of an accident, the yacht should always be towed using its own line; no agreements regarding towing costs may be made.
12. The condition of the vessel and the completeness of its equipment must be inspected and confirmed upon handover and return.
13. Complaints must be reported immediately to the base and noted in the handover or return report. Later complaints are excluded.
14. If required, legally required charter agreements or separate contract forms must be signed prior to handover.
Renter's Obligations Regarding Repairs and Maintenance
1. Repairs costing more than €100 generally require the lessor's approval. Replaced parts must be retained. Costs for repairs necessitated by wear and tear will be reimbursed by the lessor upon presentation of a receipted invoice.
2. The renter is responsible for checking the oil level, coolant level, and bilges daily. Furthermore, the coolant outlet should be checked regularly. Damage caused by the engine running dry is not insured and is the responsibility of the renter. Likewise, the engine may not be used while sailing if the yacht is tilted at an angle of more than 10 degrees, as otherwise it will no longer receive water and oil.
Regulations Regarding the Delayed Provision of the Yacht and Possible Claims for Compensation
1. If the yacht or an equivalent replacement yacht is not provided by the lessor on time at the agreed date, the renter may withdraw from the contract no earlier than 24 hours later. In this case, the renter will receive a full refund of all payments made. For charter periods of two weeks or more, this period increases by 24 hours for each additional week.
2. Further claims for compensation by the renter, except in cases of intent or gross negligence on the part of the lessor, are excluded. If the renter does not withdraw from the contract, they are entitled to a pro rata refund of the charter price for the period during which the yacht was subsequently handed over.
3. Damage to the yacht or equipment that does not impair its seaworthiness and still makes its use reasonable does not entitle the renter to withdraw. A reduction in the rental price is also excluded in this case.
Liability of the lessor
1. The lessor is only liable for damage caused by intent or gross negligence on the part of the lessor, as well as for damage to life, body, or health resulting from a negligent breach of duty by the lessor or a deliberate or negligent breach of duty by a legal representative or vicarious agent of the lessor.
2. The charterer is not liable for damages resulting from inaccuracies, alterations, or errors in the provided nautical aids, such as nautical charts, manuals, compasses, or radio direction finders.
3. Claims by the charterer relating to the unusability of the yacht due to damage or total failure caused by the charterer or third parties during the charter period are excluded.
Agency Liability
The agency, acting as an intermediary, is only liable if it acts with gross negligence or intent in providing the service. However, it is not responsible for the actual performance of the service it has arranged or procured. This means that liability is limited to serious errors, while it bears no responsibility for the actual performance of the service.
Liability of the charterer
1. The charterer is responsible for any actions and omissions for which the charterer is held liable by third parties. The charterer indemnifies the charterer against all legal consequences and costs. Furthermore, the charterer accepts the yacht at his or her own risk.
2. Leaving the agreed return location: If the renter returns the yacht to a location other than the agreed one, they will bear all costs for the return. If the return takes longer than the charter period, the yacht is not considered returned until it has arrived at the agreed port.
3. Delayed return: In the event of delayed return or unusability of the yacht due to the renter's fault, the charterer may demand compensation.
4. Insurance and liability: The purchase of hull insurance does not release the renter from liability for damages not covered by the insurance or for which the insurance company reserves the right to recourse. This applies particularly in cases of gross negligence, willful misconduct, or non-compliance with the contract terms. Damage and loss will be offset against the security deposit; any uncovered damage must be compensated immediately by the renter. If the yacht is returned without defects, the security deposit will be refunded promptly.
5. The insurer's terms and conditions, which will be provided upon request, are part of the contract. In the event of damage, the renter is responsible for the deductible per claim, which may differ from the deposit paid. If the yacht and equipment are returned in perfect condition, the deposit will be refunded immediately. Damage and loss not covered by the deposit must be reimbursed immediately by the renter.
It is also strongly recommended to take out extended skipper's liability insurance. This covers, among other things, crew liability and compensation for damage to the yacht in the event of proven gross negligence. Consequential loss insurance is also recommended. The lessor or agency will be happy to provide all necessary documentation.
Miscellaneous / Subsidiary Agreements / Information / Severability Clause
1. An extension of the charter period is only possible with the lessor's consent. If obvious errors occur in the calculation of the charter price or extras, both the lessor and the renter have the right and obligation to correct the price according to the valid price list. However, this does not change the legal validity of the contract.
2. Should any provision of the contract be invalid, the remainder of the contract remains valid. The parties agree to replace invalid provisions with provisions that are as similar as possible to the valid ones in order to maintain the contract.
Place of Jurisdiction, Applicable Law
All claims between the tenant and the agency shall be governed by the law of the agency's registered office, and the place of jurisdiction shall be the agency's registered office. However, all claims between the tenant and the landlord shall be governed by the law of the landlord's registered office, and the place of jurisdiction shall be the landlord's registered office. This means that in the event of a dispute, the respective parties will bring legal proceedings before the courts at the respective registered office of the agency or landlord.