Common use of Liability of the Charterer Clause in Contracts

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.

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 Vito Nautika Operator is held liable by any third parties, without him being at fault in any way of form, the Charterer shall keep the Charter Vito Nautika 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.