Rental agreement conditions:
§ 1 Contractual partner
The rental agreement is concluded between Boat Group Aachen UG & Co. KG as the landlord and the tenant, if necessary through the agency. If an agency is involved, they will only act as an intermediary.
§ 2 Payment, withdrawal
Unless otherwise stated in the contract, the down payment of the rent in the specified amount is due within 5 days of conclusion of the contract, the remainder six weeks before the start of the trip. Payment must be received within the specified deadlines.
In urgent cases, the landlord can declare withdrawal within 4 days of the conclusion of the contract. In this case, the landlord undertakes to reimburse any amounts paid to the tenant immediately (if necessary via the agency).
It is strongly recommended that the tenant take out travel cancellation insurance. For this purpose, the landlord or agency will be happy to offer you appropriate insurance.
§ 3 Obligations of the landlord
The booked yacht will be handed over to the renter clean, ready to sail, seaworthy and fully fueled.
If the booked yacht cannot be handed over on the date agreed in the rental agreement (e.g. due to an accident, unseaworthiness due to an accident during the pre-charter, etc.), the landlord can provide an equivalent replacement yacht. The tenant remains entitled to any warranty claims if the replacement yacht has defects.
§ 4 The tenant assures and undertakes as follows:
to adhere to the principles of good seamanship.
to master seamanship and have extensive experience in operating a yacht or to provide a responsible skipper with these qualities. If the tenant or his skipper does not have the required driving license or certificate of competency to operate the yacht in the agreed boat class, the landlord reserves the right to refuse to hand over the yacht while retaining the charter price or to appoint a skipper in the name and at the expense of the tenant deliver.
The legal regulations of the host country must be observed and registrations and deregistrations must be made with the harbor master.
not to use the yacht for commercial purposes, not to take other passengers with you, not to let or rent the yacht to third parties without the written permission of the landlord and not to transport dangerous goods or substances.
To leave the landlord's respective sea area only with the landlord's prior written consent.
No changes may be made to the ship or equipment.
Treat the yacht and equipment with care, only enter the yacht with boat shoes, keep the logbook in good form, and inform yourself in detail about the conditions of the sailing area before the start of the trip, such as: B. about currents and changing water levels in strong winds, etc.
with forecast wind speeds from 7 Bft. Not to leave the protective harbor.
Once returned, the yacht will be returned in perfect, tidy, cleared and fully fueled condition - otherwise refueling and clearing will be charged and deducted from the deposit.
In the event of damage, collisions and accidents or other extraordinary events, the landlord must be notified immediately (by telephone or telegram). In the event of damage to the ship or people, make a record and ensure that there is a counter-confirmation from the harbor master, doctor, etc.
In the event of an accident or similar cases, always have the yacht towed with its own line and do not make any agreements about towing or salvage costs.
The condition of the ship and the completeness of equipment and inventory must be checked upon handover and return (checklist) and confirmed with his signature.
Report any complaints about the yacht immediately to the yacht's base and note them in the handover or return protocol. Complaints reported later are excluded.
If necessary, required charter contracts or the landlord's own contract forms must be signed before handing over the yacht.
§ 5 Repairs and engine and bilge monitoring
Repairs worth over €100 generally require the landlord’s approval. Replaced parts must always be kept. Expenses for repairs reported as a result of material wear will be reimbursed by the landlord upon presentation of the acknowledged invoice.
The oil level, the cooling water level and the bilges are to be checked daily, the cooling water leakage is running and checked by the renter. Damage caused by the engine running dry is not insured under any circumstances and will be borne by the renter. Likewise, the engine cannot be used when the engine is at an angle under sail with an angle of over 10 degrees, as the engine then does not receive any water or oil.
§ 6 Withdrawal of the tenant or reduction of the charter price in the event of late handover or defects
If the yacht or at least an equivalent replacement yacht is not made available by the landlord in time for the date agreed in the rental agreement, the tenant can withdraw from this contract at the earliest 24 hours later with a full refund of all payments made. For a charter duration of two or more weeks, the deadline increases by 24 hours for each additional week.
Further claims for compensation by the tenant, except for intent and gross negligence on the part of the landlord, are excluded. If the renter does not withdraw from the contract, he or she retains the right to a refund of the pro-rata charter price for the time at which the ship was subsequently handed over.
Damage to the yacht and equipment that does not impair the seaworthiness of the yacht and allows the yacht to continue to be used within a reasonable framework does not entitle you to withdraw. A reduction is also excluded in this case.
§ 7 Liability of the landlord
The landlord is only liable to the tenant and his crew for damages that arise as a result of intent or gross negligence on the part of the landlord, as well as for damages resulting from injury to life, body or health that are due to a negligent breach of duty by the landlord or an intentional or negligent act Breach of duty by a legal representative or vicarious agent of the landlord.
The landlord is not liable for any damage resulting from inaccuracies, changes and errors in the nautical aid material provided, such as: B. nautical charts, manuals, compass, radio direction finders, etc. can be caused.
Claims by the renter due to the unusability of the yacht due to damage or total failure caused by the renter or a third party during the charter period are excluded.
§ 8 Liability of the agency
As an agent, the agency is only liable for grossly negligent or intentional breach of duty in the agency service, but not for the provision of the service arranged or provided by it.
§ 9 Liability of the tenant
For actions and omissions by the tenant for which the landlord is held liable by a third party, the tenant indemnifies the landlord against all private and criminal consequences, including all costs of legal prosecution at home and abroad. The renter takes over the yacht at his own risk.
If the renter leaves the yacht at a location other than the agreed location, the renter bears all costs for returning the yacht to water or land. If the return of the yacht exceeds the charter period, the yacht is not considered returned by the customer until it arrives at the agreed return port.
Delayed return of the ship and inability to use the yacht due to the renter's fault lead to claims for damages from the landlord.
It should be noted that the conclusion of comprehensive insurance by the landlord does not release the tenant from liability for damages that are not covered by the insurance or for which the insurance company has expressly reserved the right to take recourse against the tenant. This applies in particular to damage resulting from gross negligence, intent or non-compliance with the contractual conditions as well as any consequential damage.
The insurer's conditions, which will be sent upon request, are part of this contract. The excess per claim is to be borne by the tenant and may differ from the deposit paid. If the yacht and equipment are returned free of defects, the deposit will be refunded immediately. Damages and losses will be offset against the deposit. Any damage not covered by the deposit or insurance must be reimbursed to the landlord immediately.
It is strongly recommended that you take out extended skipper liability insurance (which regulates crew liability among each other and compensation for damage to the chartered yacht in the event of proven gross negligence) and consequential damage insurance. The landlord/agency will be happy to send all the necessary documents.
§ 10 Subsidiary agreements / information / severability clause
An extension of the charter period is only possible with the consent of the landlord. In the event of obvious errors when calculating the stated charter price and the extras, the landlord and the tenant have the right and the obligation to correct the charter price in accordance with the valid price list, without affecting the legal validity of this contract.
The ineffectiveness of individual regulations does not affect the validity of the rest of the contract. The parties agree to replace ineffective regulations with effective regulations that come as close as possible.
§ 11 Place of jurisdiction, applicable law
For all claims in the relationship between the tenant and the agency, the law lies at the registered office of the agency
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