Charter Principles

ebycaklein

Charter Principles for Charter contracts of the European Board of Yacht Charter Associations

These Principles have to be contained in every charter contract as a guideline of the European Board of Yachtcharter Associations (E.B.Y.C.A.)

1. Client and crew list are obligatory.

2. The charter contract must be stipulated between boat owner or its representative and final client.

3. The charter contract must indicate dates/time/place of beginning and end of the charter. Also the contract must indicate the specific payment terms.

4. Cancellation policy can foresee to keep all due amounts as sell-loss refund for the owner – if a substitution of charter is possible, the client will get back the charter fee minus the differences minus potential costs, (discounts and charges).

5. A Client who sign a bare-boat charter contract and all embarking documents after check-in including check-list, accept the boat and is well aware to bring on his own the full responsibility of it, excluding what resulting from hidden defects that may not be found with a good sailorman experience.

6. If during the charter the client finds out any new defects on board he is obliged  to inform the charter company at once to give them a chance to solve or minimize the problem otherwise he has no right for claims

7. In case of damages accidents and consequent time loss/ compensations and if there has not to be a break-down protocol that must be handed out to the charter client before start of the charter it is recommended to proceeded accordingly with the EBYCA Guideline ‘Problem cases and damages on board’.

8. In case the boat cannot be delivered on time the client has to wait 48 hours for every charter before he is allowed to cancel the charter  – if there are no other country-specific regulations.

9. Caution/Security deposit must be leaved from the client before departure; the client financial responsibility is limited to it exclusively to refund owner for boat material damages with priority; all other kind of duties/obligations or non-material damages not paid and/or caused from the client during the charter period, can be refunded to the owner with the remaining caution/security deposit if enough; if not, client financial responsibility will be not limited.

10. Boat under bare-boat charter contract must be insured both with a full kasko-total loss and a third party liability insurances.

11. Client must have the proper sailing license/qualification and other qualifications like VHF if required for the chartered boat and for the sailing destination.

12. Authorized navigation zone.

13. Judicial location/ court in case of Litigation

14. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: a

a.       the validity or enforceability in that jurisdiction of any other provision of this Agreement; or

b.      the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.”

    Tags: ,