APPLICABILITY: JKB The Sailing Academy GmbH arranges the use of the yacht to the customer on behalf of the yacht owner. The charter terms form an integral basis for all charter contracts concluded through us as an agency.

GENERAL OBLIGATIONS: The charterer confirms that they possess the necessary qualifications for independent vessel command and undertakes to use the vessel carefully and in accordance with the rules of good seamanship. In particular, they are obliged to:

• keep a private logbook and hand over the logbook to the base in the event of damage

• not participate in any regattas without written consent

• check in and out in accordance with regulations

• observe all legal provisions and regulations of the countries visited and port authorities

• not carry any undeclared, dutiable goods or prohibited items on board

YACHT HANDOVER: The yacht is handed over to the charterer with a full tank. The charterer must check the condition of the vessel and the completeness of the equipment using an equipment list together with the charter company’s base personnel and confirm this. The provisional acceptance of the vessel by the charterer is deemed confirmation of its perfect condition, and the charterer must test the yacht in all systems immediately after leaving the marina. If a defect is discovered, the charterer must return to the base immediately and give the base crew the opportunity to remedy the defect.

If this does not occur, the yacht is deemed to have been handed over “in order.” If a security deposit has been agreed, it must be deposited in cash or by credit card when taking over the yacht. The charter company is entitled to offset the security deposit against costs for damage repairs that go beyond normal wear and tear and are not covered by insurance, or for losses of equipment items. Otherwise, the security deposit must be refunded immediately after confirmation of proper return.

CANCELLATION: If the charterer cannot undertake the trip, the agency must be notified immediately. If a replacement charter is successful, payments made up to that point will be refunded after deduction of costs incurred and a processing fee of 5% of the contract sum. Otherwise, in the event of cancellation up to 2 months before the start of the trip, 80% of the contract sum must be paid; for short-notice cancellations, 100% of the contract sum. We therefore strongly recommend taking out travel cancellation insurance.

YACHT HANDOVER: The charter company strives for punctual vessel handover. However, if they are unable to provide the charterer with either the intended vessel or a similar replacement vessel within 48 hours of the charter start, even without fault on their part, the charterer has the right to withdraw. The charter company must refund all payments made by the charterer. Further compensation claims, e.g., 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 time by which the vessel became available later. If parts of the equipment were damaged or lost during a previous charter without the charter company being able to obtain appropriate replacement, or in the case of damage not yet repaired, the charterer cannot withdraw from the contract or claim reductions, provided the vessel’s seaworthiness is not impaired. If handover of the yacht does not take place due to force majeure, the charter company undertakes to provide an equivalent yacht at an alternative date. Any seasonal price differences will be offset against each other.

YACHT RETURN: Unless otherwise agreed in writing, the vessel must be returned on time at the handover location in proper condition, with complete equipment, and with a full tank. The charterer is obliged to record any defects found or missing or lost items in a list in writing and have the proper return of the vessel confirmed by the base personnel. Likewise, the ship’s papers and permits associated with the use of the charter yacht (transit log, charter permit, etc.) must be left on the vessel. Until proper return, the vessel is deemed to be in the charterer’s use. An extension of the agreed charter period is only possible with the charter company’s consent. In the event of late return, the provisions of the charter contract continue to apply for the period of delay. If the delay is at fault, the charterer bears the risk of force majeure. Furthermore, the charterer is obliged to indemnify the charter company for the consequences of late return. If the charterer leaves the vessel at a location other than the agreed one, they must bear the costs of returning the vessel. In this case, the return of the vessel is only deemed to have occurred when the vessel arrives at the departure port.

SPECIAL INCIDENTS: In the event of damage, collisions, groundings, or other extraordinary incidents, the charterer is obliged to take the following measures in particular:

• In the case of normal material wear, damage up to an expense of €200 may be repaired at the charterer’s own initiative against subsequent reimbursement by the charter company upon presentation of a repair invoice. Such repairs of greater scope require the charter company’s consent. Replaced parts must be kept in any case, otherwise the right to reimbursement is forfeited.

• In the event of other damage to the vessel or to persons, the charterer must prepare a detailed written report containing the time of the incident, the exact location, sequence of events and cause, the vessels, persons, and witnesses involved, etc., and properly report the incident to the authorities. The report must be signed by local authorities (harbor master, doctor, average adjuster, etc.). Furthermore, a notification confirmation must be submitted.

• In any case, the charterer must notify the charter company immediately of such incidents, as well as any obstruction of the vessel by authorities or third parties, and act according to their instructions.

• In the event of any extraordinary incidents of any kind, the charterer must, in case of imminent danger, take particular care to minimize the damage. In the event of unavoidable use of third-party assistance at sea due to an immediate emergency at sea, cost-effective terms must be negotiated beforehand, without prejudice to the question of compensation. If towing is unavoidable and the charter company cannot be contacted to carry it out, the charterer’s own towing equipment must also be made available for this purpose.

LIABILITY: The charterer is liable for violations of the charter contract provisions and any damage caused through fault. If their actions or omissions cause damage to the charter company, the charterer must indemnify them in particular. If, during the charter period after vessel handover, a circumstance arises—particularly damage—that makes continuation of the trip impossible, the charterer has no claims against the charter company if it is a case of force majeure (particularly weather conditions or third-party fault). If the trip is terminated due to a wear-and-tear defect that cannot be repaired within a reasonable time, or another such defect not recognized by the charterer at handover, the charterer is entitled to a refund of the proportional charter fees for the days during which the yacht was not usable. Further claims (particularly travel or accommodation costs, compensation for pain and suffering, loss of earnings, etc.) are excluded.

BILLING: The charterer undertakes to pay the charter price at the agreed times. If the charterer does not fulfill their payment obligation immediately despite a reminder sent to the address provided to the agency, the charter company is entitled to withdraw from the contract without prior notice of withdrawal and, as a consequence of default, to collect a non-offsettable lump-sum compensation payment of one quarter of the agreed charter fee. If the charter contract contains obvious calculation errors regarding the price, the charter company and charterer undertake to correct the charter price in accordance with the valid price list without affecting the legal validity of the contract.

OTHER ORAL AGREEMENTS: Oral agreements are only legally effective if confirmed in writing by the agency. If, in individual cases, separate contracts from foreign charter companies must be signed as a prerequisite for the charter to take place, the charterer undertakes to sign them. The provisions contained therein have priority validity, except for price agreements.

JURISDICTION: The parties agree to the application of Austrian law. Klagenfurt, AUSTRIA, is agreed as the place of jurisdiction.

The charterer confirms and undertakes as follows:
Not to leave the protective harbor when wind strengths of 7 Bft. or more are forecast.

Repairs and engine and bilge monitoring
Repairs exceeding €100 generally require the charter company’s approval. Replaced parts must be kept in any case. Expenses for repairs that became necessary due to material wear will be refunded by the charter company upon presentation of the receipted invoice.

Charterer’s withdrawal or reduction of charter price in case of late handover or defects
If the yacht or at least an equivalent replacement yacht is not made available by the charter company on time at the date agreed in the charter contract, the charterer may withdraw from this contract at the earliest 24 hours thereafter with full refund of all payments made. For a charter duration of two or more weeks, the period increases by 24 hours per additional week.

Frequently Asked Questions About Charter Terms