Rental conditions Yachtcharter Lemmer

 

1. RENTAL
1.a The rental takes place between the owner (hereby named the lessor) of the vessel and the hirer.
1.a.1 When the lessor appoints another person to act on behalf of himself, the hirer is notified in writing.
1.a.2 If Yachtcharter Lemmer act as the lessor, then this is stated in the contract.
1.b The rental takes place according to the lease pleasure vessel rental contract, together with the conditions, established by Yachtcharter Lemmer.
   
   
2. RESERVATION
2.a A reservation is only definite when Yachtcharter Lemmer receive the completed and signed rental contract, and upon receipt of payment of required part the total rental sum, paid into the bank account of Yachtcharter Lemmer.
2.b Reservations occur when filling in and signing the reservation form along with the accompanying declaration about sail- and sailing experience.
2.c The reservation form must be returned with the declaration and a copy of the passport to Yachtcharter Lemmer.
   
3. CONFIRMATION
3.a Upon receipt of the reservation form and up until the first payment is due, Yachtcharter Lemmer will offer the hirer first option of the desired vessel.
3.b The hirer will receive two copies of the rental contract. One of them should be retained by the hirer.
3.c The rental contract should be completed, signed and returned to Yachtcharter Lemmer within 5 days.
   
4. PAYMENT
4.a Upon receipt of the rental contract and within 5 days, 40% of the total rental sum should be transferred into the bank account of Yachtcharter Lemmer. The remaining sum must be transferred at least 3 weeks before the start of the rental period.
4.b By booking within a short period of time of less than 3 weeks, the full amount will become payable after signing the rental contract.
4.c Administration and cleaning costs are included in the full rental charge.
4.d The deposit is not included in the full rental charge. This must be paid at the start of the hire period to the lessor or to a person designated by the lessor.
   
5. CANCELLATION
  Charges for cancellation – up to 12 weeks before commencement of the hire period: 25% from the total rental sum, – from 12 to 6 weeks before commencement of the hire period: 50% of the total rental sum, – from 6 weeks before commencement of the hire period: 95% of the total rental sum, – from the commencement date: 100%
   
6. LIABILITY
6.a Yachtcharter Lemmer is not responsible for the manner or default of the lessor, except in situations where Yachtcharter Lemmer acts as the lessor.
6.b If Yachtcharter Lemmer acts as the lessor, Yachtcharter Lemmer are not responsible for default of the owner.
6.c The hirer will not make the lessor responsible for personal and material damage. The hirer will not make the lessor responsible for claims by a third party, as for cost for prosecution, come into existence by events during the charterperiod.
6.d The resposibility of the lessor  in case of shortcoming is retricted till the highed of rentalsum payed by the hirer.
7. DISSOLUTION OF THE RENTAL CONTRACT
  Yachtcharter Lemmer and the lessor reserve the right to cancel the rental contract with immediate effect, should we feel that you, the hirer, have inadequate expertise in the sailing and/or navigation of a vessel, and without receiving any compensation and/or restitution of the rental charges.
   
8. COMPLAINTS
8.a Complaints, relating to the manner of the lessor and complaints concerning the technical state, inventory and/of the equipment of the vessel, should be reported directly to the lessor.
8.b Complaints must be submitted to the lessor within 24 hours after observation. If both parties can not reach a satisfactory solution Yachtcharter Lemmer should be contacted.
   
9. YACHT HANDOVER
9.a It is compulsory for the lessor to ensure the vessel is in good technical form, with the usual equipment, the supplied life-saving resources and with the required inventory before the commencement of the hire period.
9.b The hirer should have two legitimate identity documents (for example: passport and drivers license) to show to the lessor.
9.c Before the commencement of the hire period, the lessor should make the hirer aware and put in writing, any damage and/or defects incurred before the commencement of the hire period.
9.d The vessel will be clean and with filled water, gas- and fuel tanks.
9.e Before the hirer takes over the vessel, he must check the inventory and checklist and, if satisfied, agree to sign it. Any damages must be fixed. Defects which have not been mentioned should be considered to have occurred after the handover of the vessel to the hirer, unless the lessor finds it reasonable for it to have been overlooked.
   
10. RETURNING THE YACHT
10.a At the end of the hire period, the hirer must return the vessel with full water- and fuel tanks.
10.b At the end of the hire period the vessel should be returned in a timely manner to the homeport.
10.c Should the hirer leave the ship in another place other than the homeport, then the costs for transport and delay are at the expense of the hirer.
10.d Any damage that occurred during the hire period, should be reported by the hirer to the lessor. The costs of the damage will be deducted from the deposit.
10.e Any materials lost during the hire period must be compensated for by the hirer.
10.f The vessel is transferred back to the lessor after assessment of the inventory and check list.
   
11. SAILING AREA
  The sailing area is stipulated by the insurance. An extension of the sailing area can only be possible if correspondence has been made between the lessor and insurer in writing.
   
12. DAMAGE OR BREAKDOWN
12.a In case of damage, breakdown, or otherwise, contact should be made with the lessor as soon as possible.
12.b The hirer should make it possible for the lessor and the insurance company to examine the yacht for insurance purposes.
12.c In case of damage, breakdown, or otherwise, and is not a consequence of wear and tear, the hirer is held responsible for the (following) damages, costs of storage, rescue and tow service. Therefore, claimed compensation must be met by the hirer unless the problem is not directly attributed to the hirer and damage is covered by the current vessel insurance. It is in the hirer’s best interest to take extreme care when accepting help. We advise the hirer to get a deposit / consequential damages insurance from Unigarant.
12.d If repairs are necessary, which is a consequence of damage brought on by wear and/or insufficient maintenance, and lasts longer than 24 hours, the hirer then afterwards reserves the right to claim a proportion of the rental charge over the period that he is not able to sail the vessel.
   
13. GENERAL
13.a It is not permitted for the hirer, without the written permission of the lessor – to carry more crew members aboard than stated on the reservation form. – to take part in contests; – for pets to be aboard; – to make any changes to the vessel or its equipment; – to sail in/or the forecast of, bad weather conditions.(p.e Bft 7 or more ) – to sail at night, (with the exception of sea journeys) – to sub-let to others or for the use of others. – to conduct telephone conversations via ship-to-shore radio (VHF). – to tow other vessels
13.b Costs that are directly related to the use of the vessel, such as port, bridge, quay, lock, and harbour costs, as well as costs for fuel, are at the expense of the hirer.
13.c The hirer agrees to take good care of the vessel and its equipment and agrees to be “a good skipper” and to observe and comply with the sailing regulations.
   

 

©Yachtcharter Lemmer-2010