General terms & conditions charter
- The charter contract is between the charter company Helena Charter SL (hereafter called CHARTER COMPANY) and the charterer (hereafter called RENTER).
- The CHARTER COMPANY agree to rent the yacht to the RENTER and will not rent the yacht to a third party during the agreed rental period. The RENTER agrees to hire the Yacht and pay a security deposit and any additional charges prior to the time period mentioned in point (3). Into the account specified by the CHARTER COMPANY.
- In unforeseen circumstances,The CHARTER COMPANY may within 5 days, cancel the contract.
- PAYMENT OF CHARTER FEES AND OTHER CHARGES
Fifty percent (50%) deposit must be paid to the CHARTER COMPANY at time of booking. The balance must be paid in full and cleared at embarkation (credit card, bank transfer, cash).
- SECURITY DEPOSIT (refundable)
The security deposit is paid to the CHARTER COMPANY at the beginning of the charter period, before entering the boat. Payment can be made by credit card (MASTER / VISA). Cash is also accepted.
- RETURN OF DEPOSIT The security deposit may be retained and used for costs incurred by the RENTER for damage or loss of charter income due to damage to the yacht or equipment. Provided the yacht is found to be in a good condition, The security deposit will be refunded to the RENTER within 7 days from the end of the charter period. the amount will be refunded without interest. Any banking and card fees are not reimbursed by the CHARTER COMPANY.
- CRUISING AREA
The RENTER is permitted to sail within the legally insured sailing area. The legal area ist Mallorca and the area within the 12 miles zone. If the RENTER goes outside of this area, they will be expected to dock and disembark at the first available port. The charter contract shall be terminated and the RENTER shall receive no refund of the security deposit. Furthermore, costs incurred by the CHARTER COMPANY in repatriation of the vessel to the home port, shall be passed on to the RENTER. The legally insured sailing area is the Spanish Mediterranean.
- MAXIMUM NUMBER OF PEOPLE
The CHARTER COMPANY will only allow at any time during the charter period the maximum number of guests (day / night). If the CHARTER COMPANY believe that the RENTER has disregarded this requirement, the result will be immediate termination of the charter contract. In this case the RENTER must disembark at the first suitable port and receives upon termination of the agreement, no refund of the rental or the security deposit.
- USE OF THE YACHT
The RENTER guarantees to comply with the principles of good seamanship and to have enough experience in the command of a yacht. In case of a yacht rental under a Bareboat Agreement (rental without crew), the RENTER is expected to be able to control the boat in a safe and seafaring manner. When deemed not to be the case, the CHARTER COMPANY at the expense of the RENTER will be given training with an appropriate person, until it is determined that the RENTER can handle the Yacht in a competent manner. If this is not possible - or the RENTER or his skipper does not possess the necessary license or certificate of competence for driving the boat in the agreed class, the CHARTER COMPANY reserves the right to refuse to hand over the yacht, retaining the charter fee.
Furthermore, the RENTER is obliged
- To observe the law of the host country and make registration and de-registration to the harbour master.
- Prohibit changes to the yacht or its equipment
- Treat the yacht and its equipment with care. Enter the yacht only with boat shoes
- Be informed before departure about the conditions of the cruising area in detail incl. up to date weather information. With predicted winds of over 7 on the Beaufort scale. RENTERS must not leave port or shall immediately dock at the next harbour or refuge, and secure the boat.
- Not to use the boat for commercial purposes, to take no foreign passengers on board, not to leave the yacht with third parties. Never transport any dangerous goods or hazardous substances.
- To inform the CHARTER COMPANY immediately in the case of damage, collision, or other unusual events. If there is damage to the ship or persons, the RENTER is obliged to prepare a written report. Photos should be taken. Reports should be countersigned by the harbour-master or doctor where applicable.
- In the event of mechanical damage to have the yacht towed to port with no recovery of costs.
- Check ship condition and inventory of equipment at the handover and return. Confirm with signature.
- Return the yacht in the condition it was found in. Refueled and all equipment stowed - otherwise refueling and re-stowing equipment costs will be deducted from the security deposit. In certain circumstances, the CHARTER COMPANY together with the RENTER can, at the beginning of the charter read the current tank level and at the end of the charter period calculate the difference and calculate this cost to the tenant.
- To sign the charter contract with the CHARTER COMPANY before taking over the yacht
- The RENTER must check the oil level, cooling water level and the bilges every day. The level of the cooling water flow must be monitored continuously during the charter. Damage caused by the motor running dry are not insured under any circumstances, and charged to the RENTER. Any abnormalities must be relayed to the CHARTER COMPANY immediately.
- Complaints concerning the yacht must be expressed without delay so we can log this at base. Late complaints will not be accepted because the CHARTER COMPANY was not given the opportunity to examine the problem and fix it. The RENTER is responsible for the operating costs of the yacht, to include the following: fuel, lubricating oil, filter, port fees outside the home berth. Any losses, breakages or damage beyond normal wear and tear on the vessel or its equipment by the RENTER, (whether intentionally or not intentionally), be deducted from the security deposit.
Repairs must have the approval of the CHARTER COMPANY. Payments for repairs that were necessary due to wear, and tear will be refunded by the CHARTER COMPANY upon presentation of the exchanged part and/or the purchase receipt.
- DELIVERY DELAY
If for technical reasons or force majeure, the CHARTER COMPANY does not deliver the yacht to the RENTER at the delivery port at the beginning of the charter period. If the delivery is within forty-eight (48) hours of the scheduled delivery start, the CHARTER COMPANY will pay the RENTER a partial refund of the daily rate charter fee (pro rata). Alternatively a mutual agreement may be made allowing a proportionate increase in the duration of the charter where possible.
- If, due to unforeseen circumstances the specified yacht is not available at the start of the charter period. The CHARTER COMPANY reserves the right to offer a replacement yacht of similar size, type of accommodation and services. However, if it is impossible to find a replacement yacht, the CHARTER COMPANY is not liable for the resulting cancellation of the charter, apart from reimbursement of monies paid - there is no right to compensation.
- If due to unforeseen circumstances such as technical issues of force majeure the CHARTER COMPANY cannot provide a replacement yacht within forty-eight (48) the RENTER is entitled to terminate the charter agreement from the due date of delivery. The RENTER will be refunded, without interest the full amount of the payment paid to the CHARTER COMPANY. Other claims are excluded. Alternatively, if both parties agree, the charter may be extended by a period corresponding to the delay.
- DELAY IN RETURN
- If the return of the yacht is delayed for reasons beyond human control, it should be carried out as soon as possible thereafter. In the meantime, the terms of this agreement shall remain in force. The RENTER will not incur extra charges.
- If the RENTER fails, due to a personal delay to deliver the yacht to the home port, then the RENTER must immediately pay the CHARTER COMPANY by direct transfer, day charter costs at the daily rate plus 50 per cent (50%). If the delay exceeds twenty-four (24) hours. The RENTER must compensate the CHARTER COMPANY for any loss of earnings or damage that the CHARTER COMPANY incurred due to not having the use of the yacht or the cancellation or delay in delivery for subsequent rental of the yacht.
- TERMINATION BY THE RENTER
The RENTER may terminate this agreement at any time on or before the beginning of the charter period. The RENTER is still obliged to settle all outstanding payments that were unpaid before the date of termination. The CHARTER COMPANY is entitled to retain the full amount of all payments made by the RENTER.
Should termination of the agreement take place within a reasonable period, the following cancellation fees are applicable:
- More than 42 days before departure: 30% of the charter fee
- 29 to 42 days before departure: 50% of the charter fee
- Up to 28 days before departure: 100% of the charter fee
The RENTER is obliged to communicate the cancellation in writing. The cancellation is valid from date of receipt of the notice. To protect against unforeseen events, we recommend customers take out travel insurance which covers such events in an emergency. This can be obtained through a broker or travel agency.
- FAULTS AND BREAKDOWNS
- If after delivery the yacht is damaged by grounding, collision or any other cause and is deemed to be unseaworthy, and the RENTER does not have reasonable use of the yacht for a period of not less than twenty-four (24) consecutive hours and not more than forty-eight (48) consecutive hours (and the damage was not caused by acts or omissions from the RENTER). The RENTER will receive a partial refund of the charter fee from the first working day the yacht was reported damaged or unusable. The RENTER is liable for all normal expenses during this period. If an engine failure is present, but the yacht is otherwise completely usable without causing limitations, the refund is 50% of the daily rate. By law, after two days the RENTER has the right to a partial refund (pro rata) and if necessary can cancel the contract in writing. In principle a mutual agreement should always be attempted before refund claims, to allow an extension of the duration of the charter for the RENTER.
- However, if the boat is lost, or is so extensively inoperable that it cannot be repaired within forty-eight (48) hours and the damage was not caused by acts or omissions of the RENTER. The RENTER may terminate the charter agreement by written notice to the CHARTER COMPANY. As soon as possible after the termination, the charter fee will be reimbursed pro rata for the part of the charter period, that remained from the date and time of loss of seaworthiness. Under these circumstances, the RENTER will be refunded by after giving up possession of the yacht at the home port. The RENTER is entitled to claim for additional expenditure of up to EUR 400,00 and will be reimbursed upon the study of evidence supplied. Any further claims for reimbursement by the RENTER shall not be accepted by the CHARTER COMPANY.
- Damage to the yacht and equipment, which do not affect the seaworthiness of the boat and allow the use of the yacht, do not entitle the RENTER to a reduction or withdrawal from the agreement.
- USING THE YACHT
The RENTER may uses the Yacht exclusively as a pleasure boat for himself and his guests. The RENTER must ensure that no pets or other animals are brought on board. The RENTER must ensure that his behavior and that of his guests is not a nuisance to other people or bring the Yacht into disrepute. SMOKING IS NOT PERMITTED INSIDE ANY OF THE CABINS ON BOARD THE YACHT.
The RENTER must ensure that all duty free or other goods that may already be on board the yacht or brought on board during the course of the charter, are cleared through customs before being taken ashore. It is also important to note that the possession or use of illegal drugs or weapons (including in particular firearms) is reason enough to terminate the charter contract with immediate effect and without any compensation claims against the CHARTER COMPANY.
- LIABILITY INSURANCE
- The CHARTER COMPANY assures that the yacht is insured against all risks for a yacht of its size and type in compliance with legal requirements.
- The CHARTER COMPANY is not liable for damage caused by inaccuracies, amendments and errors to the available ancillary nautical equipment such as marine charts, handbooks, compass, radio direction finding equipment etc..
- LIABILITY INSURANCE FOR THE RENTER
Under normal circumstances the RENTER is only liable for costs or losses incurred to the yacht, such as repair of damage caused by the RENTER or his guests (intentionally or not) or caused by a third party, and indeed for each accident or incident incl. damage during the charter up to the value of the security deposit.
The RENTER may be liable for a debt, which is greater than the deductible (excess) in an accident or incident, if the RENTER or one of his guests act in such a manner (intentionally or not) that renders the insurance policy void (eg. drinking and driving, drugs, negligence, gross negligence, or similar).
For acts and omissions of the RENTER, the CHARTER COMPANY cannot be held liable, the RENTER is held responsible for, and must pay for all private and criminal consequences and all costs that are incurred by legal prosecution.
The CHARTER COMPANY recommends the RENTER obtains private insurance for personal items on board or ashore and also insurance for any necessary medical treatment or accident costs which are not covered under the Yachts insurance. We recommend also taking out a third party liability insurance and / or skipper insurance.
In the event of gross negligence by the RENTER, the insurance company has the right and may seek to claim damages from the RENTER, skipper or charter crew. Corresponding claims from the CHARTER COMPANY against the RENTER shall be assigned upon request to the insurance company.
Further claims of any kind against CHARTER COMPANY are excluded, unless as a direct result of intentional gross negligence. Physical injury is excluded from liability. Claims against the CHARTER COMPANY are limited to the amount of the charter fee. Claims by the RENTER against the insurance company are unaffected.
- Delays caused by repairs that occur during the charter will not be reimbursed.
- In case of clerical errors in the invoicing of the listed fee and extras. The CHARTER COMPANY has the right and the duty to correct the fee according to the valid price list, without the legal validity of the contract being affected.
- LEGAL JURISDICTION
The parties agree that the agreement complies with the laws of Spain and the jurisdiction of the Spanish courts.
- PROVISIONS - ACTS OF GOD
In this Agreement, "force majeure" means the consequences of acts, events, accidents or Acts of God beyond the reasonable control of the owner or RENTER (including but not limited to strikes, lockouts or other labour disputes, riots, blockades, invasion, war, fire, explosion, sabotage, storm, collision, grounding, loss of drive system without any external assistance, fog, governmental actions or regulations, major mechanical or electrical damage, which is beyond the control of the team and not due to gross negligence of the CHARTER COMPANY.
- SEVERABILITY CLAUSE
If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not effect other provisions or applications. In such a case, the invalid, impracticable or unenforceable provision shall be deemed to be replaced by a provision which, to the extent admissible according to the applicable laws, comes closest to the purpose of the invalid, impracticable or unenforceable provision.