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Terms and Conditions - Platten Sailing Cuban S.A.

Terms and Conditions Platten Sailing Cuban S.A. status 08/2020

  1. The charter fee remains in the possession of the charter company, regardless of whether the yacht was used during the rental period or what the reasons for this possible vacancy are, insofar as these are not the responsibility of the charter company.
  2. Loss of use: If, due to a sudden accident, during the previous rental or any unintentional prevention of the charter company, the yacht rented by the charterer cannot be made available no later than 48 hours after the agreed date, the charterer has the right to change the ship to the charterer (Monohull or catamaran) with the same number of berths. The time not used will be paid proportionately.
  3. If parts of the equipment were damaged or lost during a pre-charter without the appropriate replacement being available before the start of the new charter, the charterer cannot withdraw from the contract unless the loss results in the yacht being unseaworthy.
  4. The liability of the charter company is in any case limited to the amount of the charter fee paid.
  5. The charter company undertakes to take out insurance for the yacht, which guarantees the charterer, subject to the deductible, a statutory liability for damage to the ship (excluding lost equipment and accessories), theft and burglary. Personal effects are not insured. The charter company is not liable for accidental damage suffered by people traveling on the ship.
  6. The charter company delivers the yacht in a seaworthy and functional condition, clean, with a full diesel tank and a full gas bottle. Check-in is carried out using an inventory list. The condition and completeness of the equipment and inventory are checked and confirmed by the charterer upon acceptance.
  7. The charterer undertakes to only take on board as many people as are permitted for the yacht. He undertakes to use the yacht only for sports shipping within the framework of the applicable shipping and customs laws, excluding any kind of trade, professional fishing, rental, transport, participation in races or similar. In the event of a violation of these regulations, the charterer is alone responsible to maritime and customs offices, in lawsuits, prosecutions, fines and confiscations caused by him, even in the event of unconscious guilt. Subletting and rental are not permitted.
  8. The fully completed crew list must be available to the charter company at least 14 days before the start of the charter. If the crew list is not available at this time, the charter company assumes no guarantee for the timely issue of the necessary official permits and thus for the punctual start of the charter. If individual crew members are not allowed to sail in Cuban waters, this does not entitle the client withdraw from the entire charter.
  9. Persons who are not on the officially approved crew list may not board.
  10. If the charterer needs a skipper for the charter, a skipper can be hired by the Cuban port operator Marlin for his own account. Platten Sailing Cuban S.A. does not rent skippers.
  11. Even if the charterer is not the skipper of the ship, that charterer remains responsible for the boat and the behavior and well-being of the crew.
  12. The area of moving is the Cuban sovereign waters, they must not be left under any circumstances. Restricted areas must be observed.
  13. The charterer agrees not to leave the port or the berth if the port authorities have prohibited navigation. The charterer undertakes to follow all navigation and route instructions given by the charter company, especially in bad weather.
  14. The charterer is obliged to keep the logbook sheets handed over to him conscientiously and completely and to hand them over to the base manager at the end of the charter. The assertion of all claims, in particular claims for reduction and damages, is excluded if the charterer / skipper has not have kept a log book or the log book management is defective.
  15. Rides are prohibited between sunset and sunrise, if a night journey is necessary due to a transfer or the distances between the islands, this must be planned so that landing is possible at the time of day. In the case of bareboat charter, the customer must sign a declaration, which makes him liable to recourse, if a damage happens under disregard this regulation.
  16. Fuel and port fees will be charged to the charterer. The charterer pays careful attention to the necessary controls on the hull and rig as well as the engine (oil level, cooling water etc.) and takes all measures necessary to maintain the value and functionality of the yacht.
  17. The charterer undertakes to come back to the home port the evening before the charter ends. A later return requires coordination with the charter company.
  18. In the event of a late return of the yacht, the charterer undertakes to pay the charter charter fee plus 50%. Every day started is considered a whole day. If the charterer leaves the yacht at a location other than the specified port of departure, he undertakes to pay the charterer all fees for sailing back the yacht as well as a proportional compensation for the charter fee for the number of days required to get the boat to sail back to the base. He undertakes to compensate for losses and damage that are not covered by insurance and that occur on or on the yacht until they are returned. The charterer remains fully responsible until the return protocol is signed and the yacht is finally returned.
  19. The charterer must return the yacht and its equipment with a full diesel tank, in good condition and functional. Lost, damaged or no longer functional equipment must be reported without being asked when returning. The charterer expressly points out any damage known to him.
  20. After the personal items have been unloaded, the yacht is checked out by the charter company's representative. If the condition is satisfactory upon return, the deposit will be returned.
  21. In the case of justified claims against the charterer, the charter company has the right to withhold an appropriate part of the deposit until a verifiable settlement of the claims has been made and received by the charterer.
  22. If a minor damage does not hinder the onward journey of the yacht, the charterer must return at least 24 hours before the end of the charter to enable the damage to be remedied so that the use for the subsequent charterer is not delayed (loss of use see above).
  23. For small damages up to 50 euros, the charterer is entitled to arrange repairs on his own initiative. In the event of a repair going beyond this, the charterer must obtain advice and a repair permit from the charter company by telephone. Self-repairs by non-specialists are not permitted). Receipts and replaced parts must be kept.
  24. In the event of a serious accident (collision, fire, etc.) and theft, the charterer must have a report drawn up by an official expert (possibly a harbor master or similar) and immediately notify the charter company by phone and obtain his instructions.
  25. If the yacht or any equipment is stolen, the charterer must report this to the police. If the charterer does not meet these formalities, he can be used to compensate for the entire damage. The above also applies to confiscation (please provide a copy of the advertisement).
  26. Loss of use due to sudden damage occurring during the rental period does not lead to a claim for reimbursement of the entire or partial rental price. Desalination plant, air conditioning and generator are additional equipment. If one of these devices does not work when it is taken over by the charter, they are set at 5% of the charter price when the charter price is reduced.
  27. Any complaints by the charterer must be reported in writing to the charter company or the agency as its representative no later than 14 days after the end of the charter. This can only be processed if the charterer complains in writing when the ship is returned and the complaint is confirmed by the base manager in writing has been.
  28. The contract is binding for the charter company as soon as a copy of the contract signed by the charterer is available to the charter company and the first partial payment has been received by the charter company.
  29. If the charterer withdraws from the contract after signing the contract, the following cancellation costs will be charged: 20% from the signing of the contract, 50% from 6 months before the charter begins, from 4 weeks before the charter begins 100% of the charter price.
  30. Force majeure: The charter company is not liable for losses, damage, delays or failures that can be attributed to an event of force majeure. Including events of force majeure, fire, forces of nature, epidemics, war and acts similar to war, insurrection, revolution or civil war, piracy, civil war or hostile actions, strikes or differences with workers, acts of the enemy of the state. Including federal or state laws, rules and regulations of governmental authorities that hold or exercise jurisdiction, or of other groups, organizations, or informal associations (whether or not they are formally recognized as government or not), and all other reasons are beyond the reasonable control of the charter company and which make it impossible for the business to continue.
    1. In the event of a failure to provide the service, a new appointment for the provision of the service is agreed with the charterer. Payments made will be taken into account.
    2. In the event of delayed service provision, the total duration of the service or the end date of the service will be retained in consultation with the charterer. (Loss of use see above)
    3. The charterer waives all claims, damages, debts, liabilities, claims, costs, expenses, interest, lawsuits and / or attorney fees that result from a delay in the charter.
  31. The charterer pays a tourist tax on site to the state port authority in the amount of 12 CUC - Pesos Convertibles (1 CUC = 1.03 Euro, status May 2020) per person and day. Children under the age of 12 are exempt.
  32. Place of performance and jurisdiction is Cienfuegos, Cuba.
  33. Should any provision of this contract be invalid, the remaining provisions still apply. Verbal agreements require written confirmation.