10.08.22
Our services cover yacht charter- and sailing cruises brokerage or -sales. We act as an intermediary party, which means we do not assume liability for any defects in the execution of services that have been mediated through us. This part falls under the liability of the mediated charterer- or service provider, according to their terms and conditions that are applicable as part of the charter contract.
For the placement of charter yachts, we are primarily using the standard contracts of the mediated partners and act on their behalf. In some countries – for example Greece – there are statutory standard contracts that are mandatory. Whereas we act on behalf of the mediated partner by using our own standard contract, with no reference to the partners terms and conditions, the following general charter terms and conditions will apply:
- Contracting Parties
1.1. The charter contract is concluded between the charter company and the charterer under the mediation of the Triumph Charter UG haftungsbeschränkt (agency). Triumph Charter UG haftungsbeschränkt conducts business exclusively as an agency in the name and on behalf of third parties and is authorized to sign charter contracts and accept payments for the mediated company.
- Obligations of the charter company
2.1. The agreed yacht will be delivered to the charterer in a clean, sailable, sea-worthy condition, and with full tanks.
2.2. if the agreed yacht cannot be delivered at the date agreed in the charter contract (e.g. because of average, un-seaworthiness as a result of an accident in the preceding charter etc.) the charter company may deliver an equivalent yacht without prejudice to the warranty claims of the charterer so far as there are defects in the replacement yacht.
- The charterer warrants and undertakes the following:
3.1. Act in accordance with the principles of good seamanship
3.2. To possess a good command of seamanship and sufficient experience with handling a yacht. If not, appoint a responsible skipper with the required capabilities and qualifications. If the charterer or their skipper do not possess the necessary licenses or certificates of competence to skipper a yacht of the agreed class, the charter company reserves the right to refuse to hand over the yacht, retaining the charter price, or to appoint a skipper in the name of and for the account of the charterer.
3.3. To observe the laws of any country he might visit and to report arrivals and departures of the yacht to the harbor master.
3.4. not to leave the maritime region of the charter company without the prior written consent of the charter company.
3.5. not to make any changes to the yacht or its equipment.
3.6. To handle the yacht and its equipment with care, always wear sailing shoes when on board.
3.7. To make logbook entries in the statutory form.
3.8. Participate in races or other competitions only with the consent of the charter company.
3.9. Not to leave the protective harbor if winds over 7 on the Beaufort scale are forecasted.
3.10. To return the yacht in proper working order, in an orderly condition with all equipment properly stowed and with full tanks; failure to do this will mean that the cost of filling the tanks and stowing equipment will be deducted from the deposit.
3.11. To notify immediately the charter company and Next Charter (by phone, fax, sms, email) in any case of damage, collision, accident or other unusual events. In the event of a damage to the yacht or an injury to a person, prepare a written account have it countersigned by the harbor-master or a doctor.
3.12. always to have the yacht towed by its own line in the event of average or similar events, and not to make agreements about towing or salvage.
3.13. to report complaints concerning the yacht without delay to the yacht’s base and to note these in the delivery or return documents. Claims notified at a later date cannot be entertained.
3.14. to sign required statutory charter contracts with the charter company, for example with charters in Greece.
3.15. to take pets on board only after consultation with the charter company.
- Repairs, engines and monitoring of the bilge
4.1. Damage repairs should be undertaken after consultation with the charter company only. Payments for repairs necessary as a result of wear and tear will be reimbursed by the charter company on presentation of invoices accompanied by the corresponding receipt.
4.2. The charterer must check the level of the oil, the cooling water and the bilges each day. The charterer must check the cooling water flow continuously during the charter. Damage due to the motor running dry are not insured under any circumstances, and is for the account of the charterer. The motor must not be used when heeling under sail at over 10º as in such a case oil or water supplies to the engine do not function.
- Return of the yacht through the charterer
5.1. The charterer is obliged to plan his sailing route in a way that a timely return is ensured. An extension of the charter period requires the approval of the charter company. Should the charterer for whatever reason leave the yacht at any other than the agreed location, the charterer bears the cost of returning the yacht over water or land. Should the return of the boat exceed the charter period, the arrival date at the agreed return port is regarded as return date.
5.2. A delayed return of the yacht entitles the charter company to claim for compensation. The charter contract is regarded as being extended until the return date of the yacht.
5.3. If final cleaning is not included in the charter price, the charterer is entitled to define an amount on site. In case of excessive dirtiness (eg through pets), the charterer may be charged with an additional fee.
- Payment, cancellation
6.1. The payment of a first installment on the charter price is due with contract acceptance through all parties. The final payment is due 6 weeks prior to charter date, if not stated otherwise. Payments must be received not later than at the specified deadlines.
6.2. If the payments are not made despite of a reminder, the lessor reserves the right to cancel the contract.
6.3. If the charterer is unable to take up the charter, he shall notify the charter company or agency without any delay in writing by post, email or fax.
If a replacement can be found under the same terms, we will reimburse the payments, minus handling costs incurred with a minimum of 20% of the charter price. Otherwise, the charter company is entitled to invoice the full charter price.
Unless otherwise stated in the charter party, the following cancellation fee will be charged: If the client rescinds the contract more than 90 days prior to the hand-over, the payment is refunded in full less the administration costs. If the contract is rescinded by 60 days prior to the hand-over, 50% of the entire rental fee is levied. If the contract is rescinded by 30 days prior to the hand-over, 80% of the entire rental fee is levied . If the rental agreement is rescinded less than 30 days prior to the start of the contract period, 100% of the rental fee is withheld.
For efforts, which are inapplicable because of the omission of the charter, no cancelation fee willcharged as for example for: cleaning, bed linen, special equipment etc.
The charterer is strongly recommended to make arrangements for a travel cancellation insurance.
- Cancellation by the charterer or reduction of the charter price in the event of late delivery or defects
7.1. If the charter company fails to provide the yacht, or at least an equivalent replacement yacht at the time agreed in the charter party, the charterer may withdraw from this charter party, but not before 24 hours from the commencement of the charter, and receive full reimbursement of all payments made under this charter party. If the charter period is two or more weeks, the minimum time before which the charterer can withdraw is increased by 24 hours per additional week.
7.2. All other claims for compensation by the charterer are excluded, except in the case of intent and gross negligence by the charter company. If the charterer does not withdraw from the charter, he may claim for reimbursement of the charter price pro rata for the time for which the charter company failed to hand over the yacht.
- Charterer’s liability
8.1. The charterer shall indemnify the charter company against all civil and criminal consequences of third party claims arising from actions and failures to act on the part of the charterer including all legal costs in the country of delivery and abroad. The charterer accepts the yacht on his own responsibility.
8.2. The charter yacht has been insured by the charter company. The insurance deductible for each loss is borne by the charterer, and corresponds with the amount of the deposit paid by the charterer. Damages caused through gross negligence are not insured.
8.3. Attention is drawn to the fact that conclusion of hull insurance by the charter company does not mean that the charterer is not liable for loss or damage not covered by such insurance, or for loss or damage for which the insurance expressly reserved the right of recourse to the charterer. This applies particularly to damage caused by gross negligence, intent or failure to observe the conditions of the charter party, and for any consequential loss or damage. The conditions of the insurance, which we will gladly provide on request, are an integral part of this contract. The deposit will be repaid without delay on the return of the yacht and equipment in good condition. Loss and damage will be off-set against the deposit. Loss and damage not covered by the deposit or the insurance shall be paid without delay by the charterer.
We strongly recommend the conclusion of an extended “Skipper’s liability insurance” (which covers crew’s liability amongst themselves and recovery of losses to the chartered yacht in the event of substantiated gross negligence) and a consequential loss insurance. We will be happy to help you with further information.
- Liability of the Agency
9.1. The agency Triumph Charter UG haftungsbeschränkt is liable for intentional or grossly negligent dereliction of duty in the performance of its services as an intermediary.
- Miscellaneous/subsidiary agreements/ information / separability clause
10.1. If there should be obvious errors in the invoicing of the charter price and the extras, the charter company and the charterer have the right and the obligation to correct the charter price in line with the valid price list. This does not affect the legality of this contract.
10.2. oral commitments andagreements are effective only after written confirmation through the charter company. All care is taken in the preparation of information, but information is given without guarantee.
10.3. The invalidity of individual provisions shall not affect the validity of the remaining provisions of the charter party. The parties agree to replace invalid provisions by valid provisions most closely approaching the invalid provisions.
- Place of jurisdiction, applicable law.
All claims relating to the relationship between charterer and agency shall be subject to the law applicable to the registered office of the agency; the place of jurisdiction shall be the registered office of the agency. All claims relating to the relationship between charterer and the charter company shall be subject to the law applicable at the registered office of the charter company, and the place of jurisdiction shall be the registered office of the charter company.
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