TERMS AND CONDITIONS - PLATTEN SAILING CUBA 09/2015
1. The charter fee remains in the possession of the owner also if the yacht will not be used by the charterer during the charter period, the reasons for this vacancy are irrelevant as far as the owner is not responsible for them.
2. If, due to a damage during the previous charter or other unintentional reasons, the yacht cannot be made available within 48 hours after the contracted date, the owner has the right to provide the charterer with a similar yacht equipped for the same number of persons. In this case, the loss of charter time will be proportionally refunded by the owner. If no similar yacht is available, the full charter price will be returned. The charterer has no right to any compensation higher than the charter price.
If parts of equipment were lost or damaged during a previous charter and could not be replaced before begin of the charter period, the charterer cannot withdraw from the contract or claim a reduction unless the yacht has lost its seaworthiness.
3. The owner agrees to insure the yacht to give the charterer coverage - minus the deductible - against liability and damage to the yacht (except for lost or stolen equipment), theft and burglary. The owner and his insurance are not liable for any personal items brought aboard or any injury to persons aboard.
4. The owner hands over the yacht seaworthy and fully functional, cleaned, with a full diesel fuel tank and a full bottle of gas. The check-in is done based on the yacht inventory.
The charterer verifies and confirms at check-in the state and completeness of yacht and equipment.
5. The charterer agrees to only take the maximum number of persons aboard that the yacht is equipped for. He agrees to only use the yacht for leisure purposes and within all valid navigation and customs laws and regulations. The proper use of the yacht excludes any sort of trade, professional fishing, leasing and rental, transport, participation in yacht races etc.
In case of disobedience, the charterer alone is responsible to authorities, in lawsuits, for fines and confiscation of the yacht etc.; even if he was unaware of any guilt. Lending or leasing of the yacht by the charterer to a third party are not permitted.
The completely filled Crew List must be handed in to the owner 14 days before the beginning of the charter at the latest. As far as the Crew List has not been received at this date, the owner can not be held responsible for permissions by local authorities to be given in time and, consequently, for a punctual beginning of the charter. In case that single crew members are denied permission for navigation in Cuban waters, this does not give the charterer the right of cancellation of the whole charter.
6. The charter area is limited to Cuban national waters, which may not be left under any circumstances. The restricted area off Playa Giron („bay of pigs") must be strictly obeyed. No persons, who are not listed on the officially approved crew list, may come aboard. At nighttime and in case of limited visibility, navigation is only allowed seawards of the 10 meter depth contour or in marked and lighted waterways. Nighttime cruising inside reef areas is not allowed. In any case of an elevated risk of tropical storms or similar, all instructions from the charter base concerning sailing routes and choice of ports or anchorages (so-called hurricane holes) must be obeyed exactly. The charterer has to pay a local tax of presently 6 Pesos Convertibles (CUC; 1 CUC=1,08 US$ as of April 2005) per person per day at the base. Children under 12 are free.
7. The charterer has the urgent duty to conscientiously keep the ship’s diary and to hand it over to the owner at the end of the charter period. Any claims to refunds or damages are excluded if there is no or only an insufficient diary or log book.
8. All combustibles, fuels, harbor fees etc. have to be paid by the charterer. During the charter period, the charterer regularly makes all necessary checks of hull, mast, sails and rigging as well as of the motor (lubrication, cooling etc.) and takes all measures for best keeping the value and functionality of the yacht.
9. The charterer has to return to the base timely before the end of the charter period and inform the owner’s representative about his presence.
10. The charterer has to return the yacht and its equipment with full diesel fuel tank, in good state and fully functional. Lost, damaged or malfunctional equipment has to be announced at return without special request. The charterer has to explicitly mention all damages known to him.
After disembarking and unloading all personal items, the yacht will be checked-out by the owner’s representative. If the state of the yacht is satisfactory, the security deposit will be returned to the charterer.
11. In case of loss or damage to the ship or equipment, the charterer has to pay for repairs or replacements. In all cases covered by an insurance, the security deposit minus the deductible will be returned to the charterer.
If the yacht is not returned in time by the charterer, the owner has a right to compensation (for loss of use etc.). The return is only completed after the yacht has been vacated and checked out in the port of return.
12. If a minor damage does not interfere with continuation of the voyage, the charterer has to return to the base at least 24 hours before the end of the charter period in order to make any necessary repair possible and not to delay the following charter (loss of use - see above).
13. Damages due to normal wear and tear of less than 50 Eurs may be ordered to be repaired by the charterer without further request. Repairs beyond this amount have to be approved by the owner under the phone number given at check-in. No repairs may be made by non-specialists!!! All invoices and receipts as well as changed parts have to be kept by the charterer and brought back to the base.
14. In case of severe damage (collision, fire etc.) and theft, the charterer has to draw up a record by an official (harbor master, police etc.) and to inform the owner or his representative as soon as any possible to receive instructions. In case of theft or burglary, the police must be informed immediately. If the charterer does not comply with these formalities, he will be made liable for the total damage.
The same applies to any case of confiscation (bring copies of all records and documents under any circumstances).
15. A loss of use of the yacht due to sudden and unforeseen damages during the charter period do not entitle the charterer to a complete or partial return of the charter price.
16. Any complaints of the charterer have to be handed to the owner or his authorized agent in writing within 14 days after the end of the charter period. Such complaints can only be accepted and dealt with if they have been made known to the owner’s local representative at the return of the yacht with a written confirmation of this representative.
17. Charterers of less than 18 years of age need a written agreement by their legal representative and the acceptation of these terms and conditions of contract by such representative.
18. This agreement is binding for the owner as soon as he has received a copy of the contract signed by the charterer and the first deposit payment.
If the charterer cancels this agreement after signature, the following cancellation fees must be paid: from signature of contract 50%, from 12 weeks before charter period 75%, from
8 weeks before charter period 100% of the charter price. If the charterer wishes a change of the charter period and the yacht cannot be used otherwise, the fee for change of date will be one-fifth of the above cancellation fees, with a minimum of 100 Euros, plus the difference, if any, between the charter prices.
In case of cancellation or change of date and if the yacht can be used otherwise during the originally booked period, there is a handling fee of 100 Euros plus any possible discount and/or price difference due to different duration of the charter period.
We urgently recommend travel insurance.
19. Place of fulfillment and venue for both sides is Augsburg, Germany.
20. If any one part of this agreement should be invalid, this does not affect the other parts. All verbal arrangements require written confirmation.