Common use of USE OF THE YACHT Clause in Contracts

USE OF THE YACHT. The CHARTERER warrants to comply with the principles of good seamanship and to have sufficient experience in operating a yacht of the rented size and type and an internationally recognized recreational craft license (or at least equivalent) valid for the cruising region and chartered yacht. In the case of an agreement of yacht rental under a bareboat agreement (rental without crew), the CHARTERER agrees that if, in the reasonable opinion of the charter company, the CHARTERER is not fit to handle the yacht in a safe and seamanlike manner, the CHARTERER will accept, at the CHARTERER'S expense, training with a suitable person until such time as it is determined that the CHARTERER can handle the yacht in a competent manner. If this is not possible - or if the Charterer or his skipper is not in possession of the required license or certificate of competency to operate the yacht in the agreed class of boat, the Charter Company reserves the right to refuse to hand over the yacht with retention of the charter price. Furthermore, the RENTER undertakes: a) to observe the legal regulations of the host country and to register and deregister with the harbor master. b) not to make any changes to the yacht or its equipment c) to treat the yacht and equipment with care, to enter the yacht only with boat shoes, d) to inform oneself in detail about the conditions of the sailing area before the start of the trip, including obtaining weather data e) not to use the yacht for commercial purposes, not to take any passengers on board, not to leave the yacht to third parties and not to transport any dangerous goods or substances. f) To inform the charter company immediately in case of damage, collision, average or other unusual occurrences. In case of damage to the vessel or persons, the CHARTERER is obliged to make a report including photos and to provide for a counter-confirmation of the harbor master, doctor or similar. g) In case of an accident, always have the yacht towed with its own line and not make any agreement about salvage or towing costs. h) to check the condition of the vessel and completeness of equipment and inventory at the time of handover and return and to confirm it with his signature. i) to return the yacht in perfect, tidy and fully fueled condition upon return - otherwise refueling and clearing will be charged and deducted from the deposit. j) Charter contracts or own contract forms of the owner/charter company to be signed before handing over the yacht. If necessary, specific terms and conditions of the lessor will be sent with the reservation form. k) The oil level, the cooling water level and the bilges are to be checked daily, the discharge of the cooling water continuously by the charterer. Damages caused by running the engine dry are not insured under any circumstances and are at the expense of the charterer. In case of any abnormality the charter company has to be informed. l) Complaints about the yacht shall be immediately noted in the log and reported in writing to the base of the yacht. Complaints reported later will not be accepted. The RENTER is responsible for the operating costs of the yacht, which include, but are not limited to: Fuel, Lubricating Oil, Filters, Port Charges. Any loss, breakage or damage outside of normal wear and tear to the vessel or its equipment by the CHARTERER, (whether intentional or not), will be deducted from the deposit. Repairs are always subject to the approval of the charter company. Expenditures for repairs necessitated by wear and tear will be reimbursed by the CHARTER COMPANY upon presentation of the replacement part and the purchase invoice.

Appears in 1 contract

Sources: Charter Agreement

USE OF THE YACHT. The CHARTERER warrants agrees to comply with the principles of good seamanship and to have sufficient experience in operating skippering a yacht. If a bareboat (without crew) rental agreement is entered for the yacht and if the CHARTER COMPANY deems the CHARTERER unprepared to take safe charge of the rented size and type and an internationally recognized recreational craft license (or at least equivalent) valid for the cruising region and chartered yacht. In the case of an agreement of yacht rental under a bareboat agreement (rental without crew)vessel, then the CHARTERER agrees that if, in shall be obliged to employ the reasonable opinion services of the charter company, the CHARTERER is not fit to handle the yacht in a safe and seamanlike manner, the CHARTERER will accept, professional skipper at the CHARTERER'S expense, training with a suitable person own expense until such time as it is determined the designated professional skipper determines that the CHARTERER can handle is capable of competently handling the yacht in a competent manner. If this is not possible - or if without the Charterer or his skipper is not in possession of the required license or certificate of competency to operate the yacht in the agreed class of boat, the Charter Company reserves the right to refuse to hand over the yacht with retention of the charter priceprofessional skipper's help. Furthermore, the RENTER undertakesCHARTERER undertakes to: a) to observe the legal regulations laws of the host country and to register sign in and deregister out with the harbor harbour master.; b) not to make any no changes to the yacht ship or its the equipment; c) to treat the yacht and equipment with care, care and to enter board the yacht only with boat shoes,shoes only; d) to inform oneself themselves in detail about the conditions of the sailing area before the start characteristics of the trip, cruising area including obtaining weather data; e) not to use the yacht for commercial purposes, not to take any permit third-party passengers on board, not permit third parties to leave use the yacht to third parties and not to transport any dangerous hazardous goods or substances.; f) To immediately inform the charter company immediately in case CHARTER COMPANY of any damage, collisioncollisions, average accident or other unusual occurrences. In events; in case of damage to the vessel boat or personspersonal injury, the CHARTERER is obliged to make a report document this including photos and to provide for a counter-obtain confirmation of from the harbor harbour master, doctor or similarphysician, etc.; g) In case of an accident, always have the yacht towed with its own line and not make any enter no agreement about pertaining to salvage or towing costs.costs in case of an accident; h) to check inspect the boat's condition of the vessel and completeness of the equipment and inventory at the time of on handover and return and to confirm it with his this by signature.; i) to return document any issues with the yacht in perfect, tidy and fully fueled condition upon return - otherwise refueling and clearing will be charged and deducted from the deposit. j) Charter contracts or own contract forms of the owner/charter company to be signed before handing over the yacht. If necessary, specific terms and conditions of the lessor will be sent with the reservation form. k) The oil level, the cooling water level and the bilges are to be checked daily, the discharge of the cooling water continuously by the charterer. Damages caused by running the engine dry are not insured under any circumstances and are at the expense of the charterer. In case of any abnormality the charter company has to be informed. l) Complaints about the yacht shall be immediately noted in the log and reported in writing report these issues to the yacht's base of the yacht. Complaints port; no subsequently reported later issues will not be accepted. The RENTER is CHARTERER shall be responsible for the yacht's operating costs of the yachtcosts, which include, include but are not limited toto the following: Fuelfuel, Lubricating Oillubricating oil, Filtersfilters, Port Chargesport charges outside the home berth. Any loss, breakage or damage outside of normal wear and tear to of the vessel boat or its equipment by the CHARTERER, (whether intentional or not), will be deducted from the security deposit. Repairs are always subject to All repairs require the approval of the charter companyCHARTER COMPANY. Expenditures Expenses for repairs necessitated by required as a result of wear and tear will be reimbursed refunded by the CHARTER COMPANY upon presentation of the replacement replaced part and the purchase invoice. The CHARTERER must check the bilges on a daily basis. The CHARTER COMPANY is to be informed of any abnormalities.

Appears in 1 contract

Sources: Charter Agreement

USE OF THE YACHT. The CHARTERER warrants RENTER agrees to comply with abide by the principles of good seamanship and to have sufficient experience in operating the handling of a yacht of the rented char- tered size and type and such as an internationally recognized recreational craft boating license (or at least equivalentequivalent license) valid for the cruising region cruise re- gion and chartered yacht. In the case event of an a Yacht Charter agreement of yacht rental under a bareboat agreement (rental without crew)agreement, the CHARTERER RENTER agrees that that, if, in at the reasonable opinion rea- sonable discretion of the charter companyCharter Company, the CHARTERER he is not fit able to handle operate the yacht in a safe and seamanlike nautical manner, the CHARTERER RENTER will accept, at the CHARTERER'S expense, accept a training with a suitable person until such time as it is determined that the CHARTERER RENTER can handle the yacht in a competent manner. If this is not possible - or if the Charterer charterer or his skipper is not in possession of the required license or certificate of competency to operate competence for guiding the yacht in the agreed class of boatboat class, the Charter Company charter company reserves the right to refuse to hand over the yacht with retention without reimbursement of the full charter pricerate. Furthermore, the RENTER undertakes: a) to observe the legal regulations of the host country and to register make registrations and deregister with deregistrations in the harbor masterports. ba) not to make any changes no modifications to the yacht ship or its equipment cb) to treat the yacht and equipment with care, to enter the yacht only with boat shoes, da) to inform oneself yourself in detail before the start of the journey about the conditions of the sailing driving area before including the start obtaining of the trip, including obtaining weather data ea) not Not to use the yacht for commercial purposes, to not to take any accept foreign passengers on board, not to leave the yacht to third parties and not or to transport any dangerous goods or substancesmaterials. fa) To Immediately inform the charter company immediately in the case of damage, collisioncollisions, average damage or other unusual occurrences. In case the event of damage to the vessel ship or to persons, the CHARTERER RENTER is obliged to make a report transcript including photos and to provide for a counter-confirmation of the harbor master, doctor or similar. to care. gc) In case the event of an accident, always have the yacht towed with on its own line leash and not make any no agreement about on salvage or towing costs. hb) to check the ship condition of the vessel and completeness of equipment and inventory at the time of handover and return and to confirm it with his signature. ia) to return returning the yacht and it´s equipment / tender in perfect, tidy and fully fueled fuelled up condition upon return - otherwise refueling and extra clearing will be charged and deducted from the security deposit. ja) Charter to sign charter contracts or own contract contractual forms of the owner/owner / charter company to be signed before handing over the yacht. If necessary, specific Specific terms and conditions of the lessor landlord will be sent with using the reservation form. ka) The oil level, the cooling water coolant level and the bilges are to must be checked daily, and the discharge leakage of the cooling water continuously by the charterer. Damages Dam- age caused by dry running of the engine dry are not is under no circumstances insured under any circumstances and are at the expense of will be charged to the charterer. In case of any abnormality ab- normalities, the charter company has is to be informed. lb) Complaints about Report any objections to the yacht shall be immediately noted in the log and reported charter company in writing to the base of the yachtwritten form. Complaints reported later Subsequent complaints will not be accepted. The RENTER is responsible for the operating costs of the yacht, which includeincluding, but are not limited to: Fuelfuel, Lubricating Oillubricating oil, Filtersfilters, Port Chargesport fees. Any loss, breakage or damage outside of beyond the normal wear and tear to of the vessel or its equipment by the CHARTERER, Renter (whether intentional on purpose or not), without pur- pose) will be deducted from the security deposit. Repairs are always subject to generally require the approval of the charter company. Expenditures Expenses for repairs necessitated by which became necessary as a result of wear and tear will be reimbursed refunded by the CHARTER COMPANY upon presentation of the replacement part and the purchase invoice.

Appears in 1 contract

Sources: Charter Agreement