
APPLICABILITY: JKB The Sailing Academy GmbH mediates the use of the yacht to the customer on behalf of the yacht owner. These charter terms are an integral part of all charter contracts concluded through us as an agency.
GENERAL OBLIGATIONS: The charterer confirms that they possess the necessary qualifications for independent ship handling and commits to using the vessel carefully and in accordance with the rules of good seamanship. In particular, it is their duty to:
• Maintain a private logbook and present it to the base in the event of damage.
• Not participate in any races without written consent.
• Properly clear in and out and observe all legal regulations and requirements of the host or residence countries and harbor authorities.
• Not carry undeclared, dutiable goods or prohibited items on board.
TAKING OVER THE YACHT: The yacht is handed over to the charterer fully fueled. The charterer must check and confirm the condition of the vessel and the completeness of the equipment using an inventory list, together with the base personnel of the charterer. The reservation of taking over the vessel by the charterer is deemed as confirmation of the vessel’s flawless condition, and the yacht must be tested in all systems immediately after leaving the marina. If a defect is found, the charterer must return to the base immediately and allow the base crew the opportunity to rectify the defect. If this does not occur, the yacht is considered “in order” upon handover.
If a deposit is agreed upon, it must be paid in cash or by credit card upon taking over the yacht. The charterer is entitled to offset the deposit against costs for damage repairs that exceed normal wear and tear and are not covered by insurance, or for losses of equipment. The deposit will be refunded immediately after confirming the proper return of the yacht.
CANCELLATION: If the charterer cannot commence the trip, the agency must be notified immediately. If a substitute charter is successful, the payments made up to that point will be refunded after deducting incurred costs and a processing fee of 5% of the contract amount. Otherwise, a cancellation made up to 2 months before the start of the trip will incur a charge of 80% of the contract amount, while a last-minute cancellation will incur a charge of 100% of the contract amount. Therefore, it is strongly recommended to take out trip cancellation insurance.
YACHT HANDOVER: The charterer is assured of a timely handover of the vessel. If, through no fault of their own, the charterer is unable to provide the agreed or a similar substitute vessel within 48 hours after the start of the charter, the charterer has the right to withdraw from the contract. All payments made by the charterer will be refunded. Further claims for compensation, such as travel and accommodation costs, etc., are excluded. If the charterer does not withdraw from the contract, they retain the right to a proportional reduction of the charter fee for the period during which the ship was not operational. If parts of the equipment were damaged or lost during a previous charter, and the charterer could not provide replacement, as well as in the case of damages not yet repaired, the charterer cannot withdraw from the contract or claim reductions, provided that the ship is not impaired in its seaworthiness. In the event that higher force prevents the handover of the yacht, the charterer commits to providing an equivalent yacht at a replacement date. Any seasonal price differences will be offset against this.
RETURN OF THE YACHT: The vessel must be returned in proper condition and fully fueled at the designated return location unless otherwise agreed in writing. It is the charterer’s responsibility to document any defects or missing or lost items in a list and to have the proper return of the vessel confirmed by the base personnel. The ship’s papers and any permits associated with the use of the charter yacht (transit log, charter permit, etc.) must remain on the vessel. Until proper return is confirmed, the vessel is considered to be in the use of the charterer. An extension of the agreed charter period is only possible with the agreement of the charterer. In the case of late return, the terms of the charter contract apply for the duration of the delay. If the delay is culpable, the charterer bears the risk of higher force. Furthermore, the charterer is obliged to hold the charterer harmless for the consequences of the late return. If the charterer leaves the vessel at a location other than the agreed one, they will bear the costs of returning the vessel. Only upon the vessel’s arrival at the starting harbor is the return of the vessel considered completed in this case.
SPECIAL INCIDENTS: In the event of damage, collisions, groundings, or other extraordinary incidents, the charterer is particularly obliged to take the following measures:
• For normal material wear, damages up to an amount of €200 may be repaired by the charterer against subsequent reimbursement by the charterer upon presentation of a repair invoice. Repairs of a larger extent require the consent of the charterer. Replaced parts must always be kept, otherwise the right to reimbursement will be forfeited.
• For other damages to the ship or persons, the charterer must prepare an exact record detailing the time of the incident, exact location, course of events and cause, involved ships, persons, and witnesses, etc., and report the incident to the authorities. The record must be signed by the local authorities (harbor master, doctor, salvage commissioner, etc.). Additionally, a report confirmation must be submitted.
• In any case, the charterer must immediately inform the charterer of such incidents, as well as of any obstruction of the vessel by authorities or third parties, and act according to their instructions.
• In the event of all extraordinary incidents, the charterer must take special care to minimize damages when there is a risk of immediate danger. In cases of unavoidable assistance from third parties due to an immediate distress at sea, cost-effective conditions must be negotiated beforehand. If towing is unavoidable and the charterer cannot be contacted for its execution, the charterer must provide their own equipment for this purpose.
LIABILITY: The charterer is liable for violations of the terms of the charter contract and for any damages caused by their fault. If the charterer’s actions or omissions cause damage to the charterer, the charterer must indemnify them, in particular. If a circumstance arises during the charter period after taking over the vessel—particularly damage—that makes the continuation of the trip impossible, the charterer has no claims against the charterer if it is a case of higher force (particularly weather influences or third-party fault). If the trip is interrupted due to a defect that was not recognizable by the charterer upon taking over the vessel and cannot be repaired within a reasonable time, the charterer is entitled to a refund of the proportional charter fees for the days during which the yacht is unusable. Further claims (especially travel or accommodation costs, pain and suffering, loss of earnings, etc.) are excluded.
SETTLEMENT: The charterer commits to paying the charter price at the agreed times. If the charterer fails to fulfill their payment obligation promptly despite a reminder sent to their address known to the agency, the charterer is entitled to withdraw from the contract without prior notice and to demand a non-offsettable lump-sum compensation payment of one-quarter of the agreed charter fee as a consequence of default. Should there be obvious calculation errors regarding the price in the charter contract, both the charterer and the charterer agree to correct the charter price according to the valid price list, without affecting the legal validity of the contract.
OTHER ORAL AGREEMENTS: Oral agreements are only legally binding if they are confirmed in writing by the agency. Should separate contracts from foreign charterers need to be signed as a prerequisite for the conclusion of the charter, the charterer commits to signing them. The provisions contained therein shall apply with priority over the price agreements, except for the pricing provisions.
JURISDICTION: The parties agree to apply Austrian law. The agreed place of jurisdiction is Klagenfurt AUSTRIA.