Terms of Service

I. Charter Price

The charter price includes the use of the yacht with all accessories according to the inventory list and the additionally accessories contracted by the charter customer, their natural wear and tear as well as costs for the repair of damage due to material fatigue, the care for the charter customer and the yacht during the charter period as well as expenses for general taxes and duties and fees at the start and finish berth as well as the proportionate costs for the liability and comprehensive insurance of the yacht.

Not included in the charter price are any fees for navigating in waters, areas or harbors, mooring fees outside the starting or finishing berth and fees for checking in or out as well as the costs for operating supplies such as diesel fuel or gasoline.

Costs for final cleaning, gas, petrol for the outboard motor, bed linen and towels may be included in the charter price. Otherwise, these additional costs must be listed separately by the charter company and submitted to the charter customer in good time before the charter date.

II. Obligations of the Charter Company

1. To hand over the charter yacht including complete accessories on the agreed date after full payment of the charter price in a seaworthy, proper, age-appropriate care and technical condition. All prescribed maintenance intervals must cover the entire charter period. Particular attention should be given to rescue and safety equipment such as (if available/mandatory) life raft, life jackets, emergency signals, EPIRB, fire extinguishers, the gas system, and the completeness of nautical charts and navigational instruments.
2. To hand over the ship’s papers containing all valid certificates, documents, inventory lists, yacht instructions, and necessary maritime documents. Any temporal or area restrictions must be clearly defined. The charter company must highlight non-obvious specifics. Documents must be in English or the customer’s native/local language.
3. To rectify damage or defects discovered during or prior to the charter period within the contract scope (see section V).
4. To reimburse downtime according to the contract terms (see section V).
5. To remain reachable by phone or radio during the charter period, at minimum during normal office hours.

III. Obligations of the Charter Customer

1. To name all crew members before the charter start in accordance with the charter company’s instructions (creation of a crew list).
2. To keep the boat ready for check-out at the agreed place of return 1–2 hours before the scheduled return time.
3. Not to extend the agreed charter period without prior approval from the charter company.
4. To keep the yacht within close proximity to the return port during the last 24 hours of the charter to ensure timely arrival, even in bad weather. Weather conditions do not excuse a late return, except in cases of force majeure. If a late return is anticipated, the charter company must be notified immediately.
5. To inform the charter company immediately if the trip ends at a location other than the agreed return port. In such a case, the customer must secure the yacht or arrange for qualified individuals to do so until the charter company can assume responsibility. The charter only ends upon the charter company’s takeover. Additional costs due to the changed return location must be covered by the customer unless caused by force majeure or the charter company itself.
6. To handle the yacht and its equipment with care and in accordance with good seamanship practices.
7. To become familiar with the yacht’s technical systems and facilities, follow all onboard operating instructions, and understand the nautical, geographic, and environmental conditions of the area (e.g., tides, currents, fall winds, etc.).
8. To check the engine oil level and bilges daily, and verify the sea cooling system after engine startup. Any defects must be repaired immediately. The engine must only be used in cases of danger if oil or cooling levels are insufficient. Other required maintenance duties must be explained during handover and noted in a provided maintenance checklist.

9. To diligently keep a written logbook (in paper) documenting usual nautical entries, weather reports, damages to the yacht, groundings, and special incidents (e.g., rope in propeller).
10. To navigate using the provided up-to-date nautical chart and to use electronic navigation aids only as a supplement.
11. If available, to conscientiously maintain a radio logbook and, if necessary, a customs and notation book.
12. To immediately report any ground contact (even if no visible damage) and, in the case of suspected damage, navigate to the nearest port, arrange for a diver’s survey, and, if necessary, follow the charter company’s instructions for craning or slipping.
13. To carry out damage-avoidance and reduction obligations in accordance with good seamanship practices and fulfill reporting duties to authorities and insurance companies. Failure to do so will result in full liability for the damage.
14. To observe wind and weather conditions carefully and exercise additional caution when navigating at night.
15. To only enter and leave ports under engine power, avoid using the engine while sailing, and never operate the engine when sailing with more than 10 degrees of heeling.
16. To keep all on-board batteries above 12 volts at all times, and charge them as necessary via the engine, generator, or shore power. Power-hungry devices like anchor windlasses or bow thrusters may only be operated with battery support.
17. To use harbors and moorings where secure entering, leaving, and mooring can be guaranteed for the planned duration.
18. To board the yacht only with suitable, clean, non-marking boat shoes.
19. To provide towing assistance to others only in emergencies, using personal ropes and lines, and ensuring the towing connection can be safely released under tension (never using a bowline knot). Towing/recovery costs should only be agreed upon if the other party would refuse to assist without compensation.
20. To comply with the legal requirements of the countries of stay, and inquire in advance about any required licenses or driving rights.

21. To always properly complete customs clearance upon entering and leaving ports, and to pay all harbor and mooring fees accordingly.
22. To report any theft of the yacht or its accessories immediately to the nearest police station.
23. To report any liability-related damages immediately to the nearest port authority and to obtain written confirmation.
24. Not to transfer or sublet the charter yacht to third parties.
25. Not to take more people on board than permitted or listed in the official crew list.
26. To make no changes to the yacht or its equipment unless needed to prevent imminent damage or with prior approval from the charter company.
27. Not to carry animals, undeclared dutiable goods, or dangerous materials; not to participate in regattas or use the yacht commercially (e.g. for training, transport) without prior written consent from the charter company.
28. Not to leave a safe and sheltered port or berth if an official weather forecast predicts winds of 7 Bft or more during the planned leg. Only in cases where the current berth becomes unsafe due to unexpected changes may the nearest safe harbor be approached.
29. The designated sea area (see section II.2) may only be exited with explicit consent from the charter company. The company may restrict this area further if unusual or dangerous conditions arise, such as enforcing a night-sailing ban.
30. The charter customer or skipper is fully responsible for managing the yacht and is liable for damages resulting from ignoring these rules. Crew members are considered vicarious agents of the customer and/or skipper under this contract.

IV. Driver’s Licenses, Certificates of Competence

1. The charter customer may act as the skipper or appoint another crew member as skipper.
2. The appointed skipper must present valid licenses and certificates proving competency for the agreed sailing area.
3. The charter customer guarantees that the skipper has sufficient nautical, navigational, and maritime experience to safely manage the yacht under sail and engine, as outlined in Section III.
4. The charter company is entitled to check the skipper’s qualifications before handover and may request proof of experience or license documentation.
5. If the charter company determines the skipper is not qualified, it may offer a professional skipper at the charter customer’s expense.
6. If a qualified skipper cannot be provided or the customer refuses, the charter company may withhold the yacht. In such a case, the customer is refunded only if the yacht is successfully re-chartered at the original price.
7. If the yacht can only be re-chartered at a lower price, the charter company may deduct the difference from the refund.

V. Impairment of Performance (Charter Contract)

A. Rights of the Charter Customer

1. If the charter company does not make the yacht available within 4 hours of the agreed handover time, the charter customer is entitled to a proportional reduction in the charter price for each full or partial day of delay. This also applies to defects or damage occurring during the charter, provided they are not caused by the charter customer.
   The charter customer must accept up to 4 hours of limited use per incident without compensation. Repairs that require a reasonable change in itinerary or take place during normal harbor dock hours do not count as usage restrictions.
   If the delay exceeds 24 hours (or 48 hours for charters longer than 10 days), the customer may withdraw from the contract and receive a full refund. The company may offer an equivalent replacement yacht. If it is known in advance that the yacht won’t be available within 4 hours of the agreed time, the customer may withdraw before the charter starts with a full refund.
2. If the yacht, its equipment, or accessories differ from the agreed condition, the customer may request a reasonable price reduction. Cancellation is only permitted if the seaworthiness is compromised or if navigation becomes significantly more difficult and riskier.
   Any such claim must be submitted in writing immediately upon defect discovery and documented in the check-out protocol with justification.
3. If the charter company is not responsible for the performance issues (e.g. due to third parties or force majeure), no further claims for compensation (e.g. travel or accommodation costs) can be made against it.
   In such cases, the charter company must assign any third-party compensation claims to the customer and fully inform them of the situation and potential outcomes.

B. Rights of the Charter Company

1. Delayed return: If the yacht is not returned within 2 hours of the agreed return time due to the charter customer’s fault, the charter company may charge a pro rata daily charter fee for each day started. Additionally, the company may claim compensation for economic losses caused by the delay, such as costs for additional personnel or the cancellation of subsequent charters.
2. Different place of return: If the yacht is returned to a location other than the agreed return port without approval, the charter company may claim compensation for all resulting costs, including taking over the yacht at another location or arranging its return by sea or land.
3. Force majeure and financial transparency: Weather conditions do not release the charter customer from their obligation to return the yacht on time and to the agreed location, except in cases of unforeseeable force majeure (see also Section III.4).
   In either case — late return or return at a different location — the charter company is obliged to minimize its financial loss and provide the charter customer with proof of any actual costs incurred. The charter customer retains the right to demonstrate that no or lower damages were caused.

VI. Cancellation Conditions

1. If the charter customer cancels the charter contract for reasons other than those stated under Section V.1a and V.1b, the contractually agreed cancellation fees will apply, based solely on the charter price.
2. No cancellation fees apply for omitted services such as final cleaning, deposit, bed linen, or special equipment.
3. The customer must notify the charter company immediately in writing if they cannot commence the trip. The time of receipt of this notice by the charter company is decisive.
4. If the yacht can be re-chartered under the same conditions, the customer will be refunded all payments minus a €150 handling fee.
5. A substitute customer can only take over the charter with the written consent of the charter company.
6. If the replacement charter results in discounts or a shorter duration, the charter customer must cover the difference in price plus the €150 handling fee.
7. If different embarkation/disembarkation ports or foreign ports were agreed upon, the compensation amount increases by 20% for each.
8. If payments are not made on time, the charter company may cancel the contract and seek further damages for non-fulfillment.
9. In all other scenarios, the charter company is entitled to the full charter price as originally agreed.
10. It is strongly recommended that the charter customer purchase charter cancellation insurance, especially to cover typical risks such as skipper dropout that may cancel the trip.

VII. Terms of Payment

1. Payment is due as specified in the charter agreement, either in installments or in full.
2. If payments are not made on time, the charter company may withdraw from the contract after a failed reminder attempt and re-charter the yacht.
3. The customer must compensate the charter company for any losses resulting from late or failed payments.
4. The contract becomes binding once both parties exchange matching declarations of intent, either in writing or via electronic communication.
5. Full payment of the charter price and confirmation of the yacht’s availability will be acknowledged with a ’boarding pass’ issued by the charter company.
6. Only the boarding pass issued by the charter company is valid, and the charter customer is responsible for verifying its correctness.

VIII. Takeover of the Charter Yacht

1. The yacht can only be taken over upon presentation of the official “boarding pass” issued by the charter company.
2. The charter customer takes over the yacht at their own responsibility.
3. The yacht will be handed over in a seaworthy and clean condition, both inside and out, with a connected gas bottle, a reserve bottle, and a full fuel tank.
4. A joint inspection is conducted using a checklist to verify the technical condition of the yacht (e.g. sails, lights, engines) and the completeness of inventory and equipment.
5. The charter company ensures that the yacht complies with the laws and regulations of the agreed charter area.
6. During the handover, the charter company will inspect the navigational and nautical equipment (e.g. sea maps, compass, echo-sounder, log, plotter) and inform the customer that despite proper maintenance, inaccuracies or malfunctions may still occur.
7. The charter customer will be instructed on their duty to regularly check navigation instruments throughout the trip.
8. The charter company is not liable for the accuracy or reliability of electronic navigation tools.
9. The yacht’s seaworthiness and equipment condition will be confirmed by both parties via a signed handover report. After signing, objections can no longer be raised—unless hidden defects existed at handover, even if the charter company was not at fault.
10. The charter customer may only refuse to take over the yacht if the seaworthiness is significantly impaired—not for minor deviations or cosmetic defects.
11. The right to a reduction in charter price for justified issues remains in effect (see Section V.1).
12. At handover, the charter company must prove that the yacht is covered by valid liability and comprehensive insurance, and that the premiums have been paid in accordance with the charter contract.

IX. Return of the Charter Yacht

1. The yacht must be returned ready for sailing, cleaned inside and out, stowed as per the checklist, with emptied waste tanks, no rubbish (unless agreed otherwise), and with connected gas bottle, reserve bottle, and a full fuel tank.
2. If any consumables such as fuel are not refilled, the charter company may replace them at the charter customer’s expense and charge a flat rate.
3. If the yacht is not adequately cleaned, and it was not contractually agreed that the company would handle cleaning, the charter company may arrange cleaning at the customer’s cost.
4. Both parties must jointly inspect the yacht’s condition and inventory at return.
5. If damage is suspected, the customer must report it immediately. Lost, damaged, or malfunctioning equipment must be reported upon return.
6. A written list of deficiencies or losses must be created and signed by both parties as an official return protocol.
7. If the charter company refuses to complete the acceptance protocol or does not do so within 2 hours of the agreed return time, the yacht is considered returned without defects.
8. After the 2-hour window, objections about the return condition cannot be successfully asserted. The charter company may not withhold the deposit for damages discovered later.
9. This exception does not apply in cases of hidden defects that are proven to be caused by the charter customer through intentional or grossly negligent actions or if the customer refuses to sign a proper return protocol.
10. Any damage requiring delayed repairs (e.g. after further use of the yacht) must be documented in detail and signed off by both parties.

X. Damage

1. The charter customer must immediately report any damage, collisions, accidents, loss of maneuverability, breakdowns, confiscation of the yacht, or any other special incidents to the charter company.
2. The charter customer must remain reachable via radio or telephone in case of damage, to receive instructions or answer questions.
3. Minor damages due to normal wear or material fatigue may be repaired by the charter customer up to €150 without prior consultation. These costs will be refunded upon presentation of a receipt.
4. For repairs exceeding €150 (except in emergencies or imminent danger), the charter customer must inform the charter company, coordinate the repair work, document the process, and supervise it accordingly. Advance payment may be required.
5. Replaced parts must be retained by the charter customer.
6. The charter customer must take all reasonable steps to reduce or prevent further damage and its consequences, such as potential yacht failure.
7. If the damage cannot be fixed at the current location, and if requested by the charter company, the customer must proceed to the nearest suitable port or berth to carry out the repair or return to the agreed base earlier (ideally 24 hours before the end of the charter), as long as this is reasonable under the circumstances.
8. The customer’s right to a price reduction for downtime or reduced usability (as per Section V.1) remains unaffected.

XI. Liability of the Charter Customer

1. The charter customer is liable for all damage caused by themselves or their crew to third parties, the yacht, its equipment, or accessories—especially if caused by incorrect operation or poor maintenance (where maintenance is the charter customer’s responsibility).
2. In cases of force majeure, the charter customer is only liable if the risk was increased due to the culpable behavior of the skipper or crew (e.g. leaving port despite a storm warning).
3. For damage to the yacht or equipment that is caused by the charter customer or crew, liability is limited to the amount of the deposit (see Section XIV).
4. In cases of intent or gross negligence, the customer is also liable for claims made by the hull insurer (recourse claims).
5. If the charter customer is at fault, they are also liable for consequential losses and delays (e.g. seizure), based on applicable national laws.
6. In cases of gross negligence or willful misconduct, liability may exceed the deposit amount and even exceed the value of the yacht. A skipper liability insurance policy is strongly recommended to cover this risk.
7. The charter customer is not liable for damage due to normal wear and tear (e.g. sail seam separation), or for any damage not caused by the charter customer or their crew.
8. If a professional skipper is provided by the charter company, they are responsible for navigation and are liable for any damage caused solely by them—not by the customer or crew.
9. If third parties hold the charter company liable due to intentional or grossly negligent behavior by the charter customer or their crew—without any contributory fault from the charter company—the charter customer must fully indemnify the charter company for all associated costs, claims, and legal proceedings.
10. If multiple charter customers are named in the contract, they are jointly and severally liable.
11. The charter customer is fully liable for any damage that results from providing false or misleading information about their navigational qualifications.

XII. Liability of the Charter Company

1. The charter company is liable for loss or damage to the property of the charter customer or crew, as well as for accidents, only in cases of gross negligence or willful misconduct.
2. The charter company is not liable for events caused by higher authority or force majeure.
3. Liability for damages resulting from inaccurate or erroneous nautical materials (e.g. charts, manuals, compass, radio direction finder) applies only if the charter company fails to explicitly inform the customer or skipper about the potential for such inaccuracies or deviations.
4. Claims for damages due to injury to life, body, or health caused by intentional or negligent breaches of duty by the charter company remain valid and unaffected by any other limitations.

XIII. Insurance of the Charter Yacht

1. The charter yacht is covered by comprehensive insurance for property damage to the vessel and its equipment.
2. A boat liability insurance policy (without deductible) also exists, covering personal injury and property damage with a minimum coverage of one million euros or dollars, depending on policy currency.
3. The comprehensive insurance does not cover:
   • Personal injuries caused by onboard accidents
   • Damage to personal belongings of the charter customer or crew
   • Intentional or grossly negligent damage
   In these cases, the person at fault is liable.
4. The existence of comprehensive insurance does not indemnify the charter customer for damages excluded by the insurance—such as those resulting from intent, gross negligence, violation of charter terms (e.g. sailing outside the agreed area), or recourse claims from the hull insurer.

XIV. Deposit

1. Unless otherwise agreed, the charter customer must pay a deposit as specified in the charter contract.
2. The deposit must be paid at the latest upon handover of the yacht—either in cash, by credit card, or in advance via bank transfer.
3. The customer is liable up to the deposit amount for any damage to the yacht, lost equipment, or theft caused by the customer or crew.
4. The deposit is due for immediate repayment upon return of the yacht and a damage-free charter, provided a proper return protocol is signed.
5. If the charter customer refuses to sign a valid return protocol or if another agreement applies, immediate repayment of the deposit may be withheld.
6. If repairs can only be made later and it is clear that costs will be less than half the deposit, at least half of the deposit must be refunded immediately.

XV. Further Agreements, Generals, References

Legal Classification / Liability of Parties

1. If the charter contract is concluded via a charter agency, it acts as an intermediary between the charter customer and the charter company. The agency is only liable within the scope of its mediation role. The agency acts as an authorized representative of the charter company and is entitled to collect payments.
2. Price List, Deviations, Modifications: If any pricing doubts or discrepancies arise, the charter company’s current price list prevails. If taxes or fees included in the price change beyond control, the charter company and customer agree to update the contract accordingly.
3. Secondary Local Contracts: Local regulations may require a charter contract onboard in the host country’s language. If it conflicts with this agreement, the FAIRCHARTER version governs. Local agreements signed onsite do not affect this master contract or the agent.
4. GPS Tracking: The charter customer agrees that the yacht’s location and data may be tracked and shared with the base, the charter company, and insurers in case of damage.