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General Terms & Conditions Aventura Plus Yachtcharters
01.01.2000
Art. 1 Security deposit
At the beginning of the rental period, hirer hands over the security deposit in cash, authorised traveller cheques, Master card or VISA to the charter base. APY reserves the right to apply the hirer's security deposit toward any loss or damages, liability not covered by yacht's insurance, late return charges, or other requested services which were provided during the charter and loss and/or damages results from negligent operation or wilful misuse of the yacht. If the security deposit does not cover the damage/loss amount, the difference of the amount will be charged to hirer. If the yacht and inventory are returned in a good condition, the charter base will return the security deposit to hirer. By depositing the guarantee, further compensation claims by APY are not excluded.
Art. 2 Cancellation of the charter agreement
a) Hirer can cancel the charter agreement if the yacht is not available or ready to sail within 48 hours of the agreed time respectively an other comparable replacement yacht is assigned. If the charter agreement is cancelled by hirer for an other reason, hirer is obliged to pay the total charter amount. Hirer can assign a replacement who will take over the full rights and duties of this agreement. APY can only refuse the replacement on important grounds. Furthermore APY will also do its utmost to find a replacement. If APY finds a replacement who want to take over the charter agreement, APY reserves the right to charge 10% of total charter amount, with a minimum of euro 100,--, to hirer. If the yacht is not chartered, hirer will be responsible for the total charter amount.
b) APY can cancel the charter agreement if any scheduled payment by hirer is not received and added to the bank account of APY. APY can cancel the charter agreement if hirer is not experienced and competent in the handling and operation of the yacht. If the charter agreement is cancelled on these ground, hirer is responsible for the total charter amount. Furthermore, APY is not responsible for any costs or damages caused by cancellation of this agreement and reserves the right to reclaim the yacht. If the transfer of the yacht is not possible due to strikes, political decisions, interference of higher levels, total loss or superior forces, APY reserves the right to cancel this agreement. In this case APY will refund the total charter amount. Other compensation claims by hirer are excluded.
c) APY can cancel the charter agreement if hirer leaves the agreed sailing area without approval of APY. All damages and costs resulting leaving the sailing area, have to be paid by hirer. Sailing outside the agreed sailing area must be applied for in advance as well as a written an signed agreement between APY and hirer.
Art. 3 Transfer
At the start of the rental period, APY transfers the yacht to hirer. APY is obliged check to the yacht technically and the inventory. Hirer will inspect and accept the yacht that is in satisfactory condition, ready for service and fully seaworthy. Shortcomings must be reported directly to APY. APY will note the shortcomings and will replace/repair if necessary and possible.
Art. 4 Obligations hirer
Hirer will return the yacht at the time and at the charter base with all gear aboard, free and clear of any indebtedness or liens incurred by hirer, clean and in the same good condition as upon departure, normal wear and tear from ordinary use excluded. Hirer agrees that the yacht will be used exclusively as a pleasure vessel for the sole, legal, and proper use by hirer, his/her family, companions and crew. Hirer will not transport merchandise or carry passengers for pay or engage in any trade and will comply with all laws of the jurisdiction wherein the yacht is being navigated. Hirer will not use said yacht for any illegal purposes and further agrees not to use said yacht in any race or regatta without prior written permission of APY. Hirer is not allowed to sail-out the harbour or bay if the wind force is 6 or more Beaufort and to run the engine when not necessary. Furthermore hirer is obliged to pay all necessary harbour- and bridge fees, to fill in all necessary toll- and customs forms, keep to the rules of the host countries, to fill in the logbook correctly and leaving it aboard the yacht, to pay directly all costs regarding harbour-, bridge- and quay fees, fuel costs. Hirer is obliged to become familiar with the technical- and other equipment of the yacht and the manuals which are aboard. Hirer must check the oil, cooling water and bilge every day. If damages are the result of negligence or improper operation or wilful misuse by hirer, insurance will not cover these costs and must be paid by hirer.
Art. 5 Damage/insurance/liability
In any case of loss, accident, breakdown, damage or disaster, hirer will give immediate verbal notice to APY. Hirer will than make a report, if necessary with statements of witnesses, and hand this to APY a.s.a.p. Hirer will obtain from any acts, promises and statements of which admission of an obligation of liability can be concluded and all general comments which can harm the interests of APY and its insurer. By not observing these obligations, APY will hold hirer liable for damages. Hirer will protect APY and her employees against any liability of hirer or third parties like compensations of costs or damages, payments of fines etc. , including any other cases resulting from or are connected with the owner, property, the use, rental or exploitation of the yacht and which liability or obligation costs could be pending towards APY. The yacht is fully insured (legal liability, hull insurance and theft) for the coastal waters surrounding Portugal and Spain. The deductible liability (non waivable excess) comes to the account of hirer. Subsequent operating expenses will be the responsibility of hirer and paid for. If the damages/repairs will exceed the amount of euro 300,--, hirer needs the permission of APY. In any case hirer must keep the original receipts and replaced parts and hand them to APY after which the costs are refunded. APY can not be liable to any person for any loss, damage, injury or death that may result to any person or property by or from any cause whatsoever due to hirer's use of said yacht and its equipment. Hirer will indemnify APY against and hold them harmless from any and all claims, demands, liabilities, action, suits and proceedings of every kind, including the cost and expenses thereof, caused by, arising out of, or connected with, hirer's use of said yacht.
Art. 6 Return of the yacht
Hirer will return the yacht at the time and at the charter base with all gear aboard, free and clear of any indebtedness or liens incurred by hirer, clean and in
the same good condition as upon departure, normal wear and tear from ordinary use excluded. If the hirer returns the yacht in a condition which requires extraordinary cleaning, APY will charge euro 100,-- for end-cleaning. Hirer is advised to allow sufficient transit time in order to return the yacht by the agreed upon hour and to the charter base. If the hirer fails to return the yacht as agreed, the hirer agrees to pay the prorated charter fee until such delivery is made as well as to pay APY for any losses, expenses and liabilities incurred by APY due to the delayed delivery of the yacht to it's base. APY is allowed to restore the yacht it its original state, at the start of the charter period, if necessary, which costs will come to the account of hirer.
Art. 7 Competency
Hirer personally warrants the accuracy of the sailing resume furnished to APY and certifies that he/she is experienced and competent in the handling and operation of a yacht of the general type and size as the yacht chartered, and that he/she has sufficient and practical knowledge of seamanship, piloting and the rules of the road to undertake the charter contemplated by the charter agreement. APY has the right, upon establishing that the hirer does not have the above stated qualifications, to keep the yacht at the dock until a APY skipper is placed on board for part or for the total duration of the charter period at the hirer's expense.
Art. 8 Activities by third parties
APY only acts as an intermediary for flight reservations, transfers and other services from and to the charter base. The general terms and conditions of the third parties (airlines, travel organisations, transporters, insurance companies etc.) are applicable. APY is not responsible or liable for any of the services provided by third parties.
Art. 9 Concluding conditions
a) Agreements, deviated from this agreement, are not binding unless approved and confirmed in writing;
b) all, legal and not legal costs of this agreement, including the legal execution, will come to the account of the hirer;
c) if the term hirer includes more than one (legal) person, each person will be held responsible for the obligations resulting from this agreement;
d) Dutch law is applicable to this agreement.
UNOFFICIAL TRANSLATION OF THE DUTCH TERMS AND CONDITIONS
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