Liability of the Charterer Sample Clauses

Liability of the Charterer. 1. The Charterer shall indemnify the Lessor against the criminal or civil-law consequences of any actions or omissions by the Charterer for which the Lessor is held liable by a third party, including against domestic and foreign costs of litigation. 2. If the Charterer leaves the yacht at a location different from the one agreed upon, for whatever reason, he shall bear the full costs of towing the yacht by sea or land. If the yacht is returned after the charter period, it shall be deemed to be handed back by the Charterer only when it has arrived at the harbour of return agreed upon. 3. If the yacht is returned late or in an unusable condition through the fault of the Charterer, the Lessor shall have entitlement to claims for compensation. 4. It should be noted that the conclusion of collision damage insurance by the Lessor shall not discharge the Charterer from liability for losses which the insurance does not cover or for which the insurance has explicitly declared that it may exercise a regression against the Charterer. This applies especially to damage caused by gross negligence, malice, a disregard of the contractual terms, and any follow-up losses. 5. The Insurer’s terms and conditions, which will be willingly sent on request, form an integral part of this Contract. The deductible for any claim shall be covered by the Charterer and may diverge from the amount of the deposit. If the yacht and its equipment are returned free of faults, the deposit shall be repaid promptly. Loss or damage shall be offset against the deposit. The Lessor shall promptly be reimbursed for any loss not covered by the insurance or deposit. The conclusion of an extended skipper liability insurance (combining crew liability and coverage for damage to the yacht through proven gross negligence) and insurance against the consequences of losses is highly recommended. Cruesa/Agency shall be pleased to provide all the documents required.
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Liability of the Charterer. 1. For actions and omissions of the Charterer for which the Lessor is held liable by third parties, the Charterer shall indemnify the Lessor against all consequences under private and criminal law, including all costs of prosecution at home and abroad. The Charterer takes over the yacht on his own responsibility. 2. If the Charterer leaves the yacht at a place other than the agreed place, for any reason whatsoever, the Charterer shall bear all costs for the return of the yacht at sea and on land. Should the return of the yacht exceed the charter period, the yacht shall be deemed to have been returned by the customer only upon arrival at the agreed port of return. 3. Late return of the vessel and the non-usability of the yacht for which the Charterer is responsible shall result in claims for damages on the part of the Lessor. 4. It is pointed out that the conclusion of a hull insurance by the Lessor does not lead to a release of the Charterer from liability for those damages which are not covered by the insurance or in respect of which the insurance has expressly reserved the right to take recourse against the Charterer. This applies in particular to damages due to gross negligence, intent or non-observance of the contractual conditions as well as to any consequential damages. 5. The conditions of the insurer, which will be sent on request, are part of this contract. The excess per claim must be paid by the Charterer and may differ from the deposit paid. If the yacht and equipment are returned free of defects, the deposit will be refunded immediately. Damages and losses will be offset against the deposit. Any damage not covered by the deposit or insurance must be reimbursed to the Lessor immediately. The conclusion of an extended skipper liability insurance (which regulates crew liability among each other and compensation of damages to the chartered yacht in case of proven gross negligence) and a consequential loss insurance is urgently recommended. The Lessor / agency will be happy to send you all necessary documents.
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Liability of the Charterer. The Charterer shall be liable for all damage caused by himself or his crew to third parties and the charter yacht, their equipment or accessories, especially for damage due to incorrect operation or poor maintenance (if and to the extent that it is the task of the Charterer) of the aggregates on board. In case of force majeure, the Charterer shall only be liable if and insofar as the risk was culpably increased by the skipper and/or crew (for example, leaving the port in the event of a storm warning). Costs for the repair of property damage to the chartered yacht or equipment culpably caused by the Charterer or the crew shall only be borne by the Charterer up to the amount of his deposit (see XIV). In the case of intent or gross negligence, s/he is also liable for claims made by the hull insurer (Regress). If and to the extent that he is at fault, the Charterer shall also be liable for all consequential and default losses (for example, in case of seizure), pursuant to the legal regulations of the respective country. In the latter two cases, the liability of the Charterer is not limited to the amount of the deposit and may even exceed the value of the charter yacht due to additional costs. The Charterer shall not be liable for any impairment caused by ordinary wear or tear (such as opening seams on sails) or damage for which the Charterer and his crew are not at fault. If the Charter Operator provides a professional skipper, s/he shall be responsible for the yacht's navigation and will be liable for damage caused solely by him or her, but not for damage caused by the Charterer and / or the crew. As regards intentional or grossly negligent conduct of the Charterer or his crew, for which the Charter Operator is held liable by any third parties, without him being at fault in any way of form, the Charterer shall keep the Charter Operator free of all private and criminal consequences, all costs and legal proceedings at home and abroad. Several Charterers are jointly and severally liable. The Charterer is fully liable for any damage that is causally in the context of knowingly false information about the ability to navigate.
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Liability of the Charterer. 4.2.1 The Charterer shall be liable for executing the charter contract, even if they only act as intermediaries. The Charterer shall be liable for all damages of an aircraft of the Carrier caused by employees, representatives, agents and/or passengers of the Charterer. 4.2.2 The Charterer shall be obliged to inform the Carrier immediately on an injury of transported persons or a damage of the luggage having occurred during the air transport by the Carrier and known to the Charterer, in any case not later than immediately after the end of the flight, as well as on all freight damages immediately after delivery of the freight. Provided that the damage is not reported in due time, the Carrier shall not be liable.
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Related to Liability of the Charterer

  • Liability of the Company The Company shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company herein.

  • Liability of the Parties 16.1 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and indemnify the others against any expense, liability, loss, claim or proceeding whatsoever arising under any statute or at common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and /or where acting as Lead Authority . 16.2 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and shall indemnify the others against any reasonable expense, liability, loss, claim or proceeding in respect of any injury or damage whatsoever to any property real or personal in so far as such injury or damage arises out of or in the course of or is caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority . 16.3 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall indemnify the others in respect of any reasonable loss caused to each of the other Parties as a direct result of that indemnifying Party’s negligence, wilful default or fraud or that of any of the indemnifying Party’s employees in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority. 16.4 Where a Party is appointed the Lead Authority under the terms of clause 12 of this Agreement, the other Parties shall each indemnify the Lead Authority on pro rata basis according to the proportions of their respective financial commitments as set out in Clause 10 of this Agreement with the intent that the Lead Authority shall itself be responsible for its own pro-rata share.

  • Liability of the Adviser (a) The Adviser shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of statements in the Fund's Disclosure Documents. (b) The Adviser shall be liable to the Fund for any loss (including transaction costs) incurred by the Fund as a result of any investment made by the Adviser in contravention of: (i) any investment policy, guideline or restriction set forth in the Registration Statement or as approved by the Board from time to time and provided to the Adviser; or (ii) applicable law, including but not limited to the 1940 Act and the Code (including but not limited to the Fund's failure to satisfy the diversification or source of income requirements of Subchapter M of the Code) (the investments described in this subsection (b) collectively are referred to as "Improper Investments"). (c) The Adviser shall indemnify and hold harmless the Trust, each affiliated person of the Trust within the meaning of Section 2(a)(3) of the 1940 Act, and each person who controls the Trust within the meaning of Section 15 of the 1933 Act (any such person, an "Indemnified Party") against any and all losses, claims, damages, expenses or liabilities (including the reasonable cost of investigating and defending any alleged loss, claim, damage, expense or liability and reasonable counsel fees incurred in connection therewith) to which any such person may become subject under the 1933 Act, the 1934 Act, the 1940 Act or other federal or state statutory law or regulation, at common law or otherwise, insofar as such losses, claims, damages, expenses or liabilities (or actions in respect thereof) arise out of or are based upon: (i) a breach by the Adviser of this Agreement or of the representations and warranties made by the Adviser herein; (ii) any Improper Investment; (iii) any untrue statement or alleged untrue statement of a material fact contained in any Disclosure Document or the omission or alleged omission from a Disclosure Document of a material fact required to be stated therein or necessary to make the statements therein not misleading; or (iv) the Adviser's performance or non-performance of its duties hereunder; provided, however, that nothing herein shall be deemed to protect any Indemnified Party who is a Trustee or officer of the Trust against any liability to the Trust or to its shareholders to which such Indemnified Party would otherwise be subject by reason or willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such person's office with the Trust.

  • Liability of the Manager No provision of this Agreement shall be deemed to protect the Manager against any liability to the Fund or the shareholders of the Portfolio to which it might otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or the reckless disregard of its obligations under this Agreement.

  • Liability of the Seller The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunder.