Definitions:

Yacht: Watercraft Sunseeker Camargue 46 , year of manufacture: 1991, registration no: 6a AM 4-12-16;

Sailing Region: Balearic Islands, in particular the area of ​​Ibiza and Formentera;

Charter Agreement: The charter agreement, concluded between the Lessor and Charterer at an agreed time;

Lessor: The owner of the yacht or a person authorized by him and/or acting on his behalf, belonging to the party of the yacht charter contract. Handing over the yacht for use during the charter period together with the Captain;

Charterer: A person or entity, belonging to the party of the yacht charter agreement, accepting the yacht for use during the charter period with a Captain, designated by the Lessor;

Authorized Person: A person indicated in the charter agreement, authorized by the Lessor himself to represent him and perform on his behalf all activities related to the performance of the charter agreement;

Charter period: The time during which the yacht is made available for Charterer usage, specified in the charter contract as the period between handing over the yacht to the Charterer, and return to the Lessor with Captain on the board;

Captain: The owner of the yacht or a person authorized by him, possessing the appropriate qualifications, experience and knowledge to conduct the vessel with a full crew on board during the specified charter period;

Pricing: Applicable yacht charter prices set by the Lessor in a given season;

Charter price: A fee that is agreed upon between the Charterer and the Lessor of the yacht charter at a specific charter season and time;

Advance payment ( prepayment ): A one-time payment towards booking the charter date in the amount of 700 EUR. This payment remains non-refundable, regardless of circumstances.

§1 General Rules

1.1 The Regulations below specify the terms and conditions of chartering the Yacht Sunseeker Camargue 46.

1.2 The Charterer is obliged to familiarize oneself with the technical condition of the yacht before its release date. Any damage, permanent abrasions, destruction and disorder will be examined and written in the damage report after the service of the charter is completed. The Charterer will undertake the responsibilities to cover all necessary costs personally, the same day as the charter.

1.3 The Yacht is handed over at the place indicated in the Charter Agreement or in a previously agreed place with the Captain; in the morning (in the case of a full-day rental) or in the morning/afternoon time (in the case of a half-day rental) or in accordance to what is indicated in the contract of the charter.

1.4 The Yacht is handed over on the same day as its charter hours, as specified in the charter agreement.

1.5 The place of return is designated to the Yacht’s departure location which takes place no later than in the evening hours of the same day as the charter. A later arrival date is only possible with the prior consent and approval of the Lessor with the agreement of an additional fee for each subsequent hour of swimming, with a payment of 1⁄8 of the amount of the total charter sum per hour (settled in the currency of EUR).

§2 Rights and Obligations

2.1 The Lessor takes on the responsibility to inform the users of the Yacht about the content of these regulations and the safety precautions that must be prevailed on the Yacht during its charter.

2.2 Charterers and users are fully responsible to comply with the regulations and safety rules on the yacht during the duration of the charter.

2.3 The Charterer is responsible to use the Yacht in accordance to its purpose, to all applicable laws and these regulations.

2.4 The Charterer and the user are obliged to follow the instructions of the Lessor, with regard to the proper implementation of the Charter Agreement.

2.5 The Charterer declares that the users start their voyage in a lawful, conscious state, without the prior use of various types of stimulants and/or alcohol. The Charterer as well as all users on board bear the full responsibility for their behavior(s), including any health incidents and/or fatal accidents during the charter.

2.6 During the voyage, recommendations issued by the Captain must be followed and agreed to, respectfully, by the Charterer and the users.

2.7 Any decisions regarding the Yacht, after prior arrangements of weather conditions, and other factors affecting the safety of all users on board are taken into consideration by the Captain.

2.8 The captain is obliged to carry out a training session before the first sea voyage. The required training, essential to safety and the process of organization of the cruise, examines safety rules at the sea, the location of life jackets, emergency supplies and first aid kits.

2.9 The captain is obliged to familiarize himself with the daily weather forecast through all available sources of information (including at the Boatswain’s port, radio, telephone, and electrical transmissions, among others).

2.10 The User is obliged to comply with the rules of remaining on board of the yacht, using the installations and devices on the yacht in a proper and safe manner, while complying with other rules presented during the Captain’s training.

2.11 The Lessor reserves the right to inspect the technical condition and safety of the Yacht during the duration of the charter contract.

2.12 In the event of damage to the Yacht or any equipment, as well as insurrection circumstances or actions, may result in a breach of the terms of the Charter Agreement. The Charterer is obliged to immediately notify the Lessor of any damage to the Yacht or equipment. The payment for the degree of repair needed or replacement, or in the event of total destruction is decided by the Lessor. The Charterer is obliged to pay the amount due for any damage/destruction within 7 days.

2.13 The consumption of high percentage alcohol/spirits, tobacco and usage of narcotic substances is strictly forbidden in the cabin of the Yacht.

2.14 During the charter route, high percentage alcohol consumption and drug use is strictly forbidden.

2.15 The captain reserves the right to not allow a person on board with signs of intoxication, quarrelsome actions, problems with communication, being under the influence of intoxicants and/or aggressiveness, without the possibility of returning payments from prior booking costs.

2.16 Users who cannot swim are obliged to use personal life-saving equipment(s) while on board the Yacht.

2.17 Bringing animals on board the Yacht requires prior notice and consent of the Lessor.

2.18 Each User is obliged to comply with the regulations of Maritime Law, Yacht regulations, allowances and prohibitions of staging ports, navigation rules and other rules applicable to Yacht charter at sea.

2.19 When handing over the Yacht, the Charterer is obliged to hand it over in such a way and same condition as was given and found prior to the voyage.

2.20 The Lessor is obliged to prepare the Yacht to the Charterer in a good technical condition, enabling the implementation of the settled Charter Agreement: clean, full fuel tank, thoroughly and technically equipped, and the consumption requirements specified in the charter agreement.

2.21 The Lessor is not responsible for the Charterer’s lack of implementation of sections or the entire charter contract that are solely due to reasons attributable to the side of the Users, in particular:
Detainment of the Charterer/Yacht Users by law enforcement authorities;
Sudden changes of plans from the Charterer and the users
Consent to sail in unfavorable or dangerous weather conditions, about which the Captain warned against before sailing;
Sudden illness of the Users prevented the voyage from being carried out within the time specified in the agreed contract.

2.22 In the event of a situation arising beyond the control of both parties, preventing the implementation of the charter contract, the Lessor may postpone the reservation no later than one year from the date of the advanced payment; However, the advance payment, including the total amount paid thus far, remains on the side the Lessor.

2.23 Value of all claims under the charter agreement from the side of the Charterer may not exceed more than half of the charter price paid.

§3 Responsibility of the Parties on the Agreement

3.1 The Lessor is not responsible for the Charterer’s and Users’ luggage and/or belongings, personal data destroyed or in any way lost during the duration of the charter agreement.

3.2 In case of breaching the Yacht contract by the Charterer, resulting in damage from the side of the Charterer, the Lessor is entitled to additional fees for contractual penalties and reserves the right to obtain the proper satisfactory fees of any claims in the first place.

3.3 The parties agree on the following contractual penalties:
Any violation of the lease commencement date from the side of the Charterer, gives Lessor the right to keep 100% of the advance payment or 100% of the total value of the charter fee, with the possibility of postponing the deadline of the Charter, which is decided by the Lessor.
In the event of damage referred to in 4.2, the Lessor is entitled to a claim for full compensation, including an amount exceeding the agreed contractual penalties.

3.4 Any disputes between the Charterer and the Lessor must be settled and/ or resolved directly between them. If necessary, the Lessor’s arbitration board and courts will act as the adequate authorities, in the existing location of the registered office, if further resolution of any dispute must be resolved.

§4 Insurance and Self-contribution

4.1 The premium insurance is included in the charter price, but is only applicable to insure the Yacht and the Captain or person entitled by the Captain.

4.2 The insurance does not cover accidents on behalf of the Charterer and Users, as well as loss or damage of their personal items.

4.3 The fact is clearly pointed out, that in the event of gross negligence, intentional actions causing damage under the influence of excessive amounts of alcohol or drug usage, the responsibility lays on the side of the Charterer’s party, who may be called upon by the adequate authorities, to cover the total damages, including third party claims and any additional expenses related to the damage.

§5 Effectiveness of the Reservation

5.1 The booking of the Yacht becomes effective only upon signing the contract and after receiving an advance payment for the Yacht charter within 7 days of signing the contract itself.

§6 Payment Terms

6.1 The 700 EUR fee be paid immediately during the booking time of the Yacht to ensure the confirmation of the reservation for the selected deadline. The rest of the amount must be paid at the latest before the departure of the Yacht, specifically on the day of the charter.

§7 Amenities and Equipment upon Special Request

7.1 For all extra amenities (special requests, optional equipment for the boat, jet ski, electric surfboard and/or an underwater scooter) requires payment to the Lessor directly at the designated place before the chartering of the Yacht.

§8 Effectiveness of the Contract

8.1 The Lessor reserves the right to correct errors including typographical errors and/ or fee calculation errors. Any additional oral agreements, verbal consents or changes must be confirmed in writing form.

§9 Final Provisions

9.1 These Regulations: Terms and Conditions come into force as of April 30, 2023.

9.2 The last update of these Regulations took place on April 30, 2023.

9.3 These Regulations constitute an appendix to the Yacht Charter Agreement at the date and time of its signing.