PLEASE NOTE: These Contractual Conditions cannot be governed by the laws of the Czech Republic, since they always constitute a part of the Vessel Lease Agreement that is governed by the particular national law of the given charter company. Thus, these Contractual Conditions represent something like an “introduction” to the business terms and conditions of the given charter company and shall only apply where their provisions do not contradict the business terms and conditions of the charter company that shall always prevail.
Contractual Terms and Conditions of the Lease of a Vessel (hereinafter the “Contractual Conditions”)
1. INTRODUCTORY PROVISIONS
- 1.1. These Contractual Conditions apply for all leases of vessels intermediated by the company yachting.com, s.r.o., with the registered office at Hvězdova 1734/2c, Prague 4, postal code 140 00, ID No. 27586421, registered in the Commercial Register administered by the Municipal Court in Prague, Section C, file no. 117181 (hereinafter “yachting.com”) for foreign charter companies. 1.2.
These Contractual Conditions constitute an integral part of the Vessel Lease Agreement or of another agreement concluded by the tenant and the charter company represented by yachting.com, as the intermediary, the subject matter of which is the provision of a vessel to the tenant for use (hereinafter the “Vessel Lease Agreement”). A vessel means a marine yacht designed for sailing on the sea.
2. PARTIES TO THE CONTRACTUAL RELATIONSHIP OF THE VESSEL LEASE
- 2.1. The parties to the contractual relationship of the vessel lease (contracting parties) are:
- a) the charter company directly providing the vessel lease, represented for this purpose by the travel agency yachting.com, as its intermediary (hereinafter “CHC”);
- b) the client who may be an individual or a legal entity (hereinafter the “tenant”).
- 2.2. The contractual relationship between CHC and the tenant pertaining to the vessel lease shall be governed by the Vessel Lease Agreement concluded in writing, by the Business Terms and Conditions of CHC and by these Contractual Conditions to the extent that the CHC Business Terms and Conditions do not apply. For the avoidance of any doubts, the Business Terms and Conditions of CHC shall prevail over these Contractual Conditions.
3. SUBJECT OF THE VESSEL LEASE CONTRACTUAL RELATIONSHIP
The subject of the vessel lease contractual relationship is the lease of the vessel by the tenant from CHC intermediated by yachting.com. These Contractual Conditions regulate the rights and obligations of the contracting parties in relation to the vessel lease to the extent that the CHC Business Terms and Conditions do not apply.
4. ESTABLISHMENT OF THE CONTRACTUAL RELATIONSHIP
- 4.1. The contractual relationship between the tenant and CHC the subject of which is defined in Art. 3 above shall be established upon conclusion of the Vessel Lease Agreement, i.e. upon the acceptance (confirmation) of the tenant’s order by CHC or yachting.com or upon the execution of the agreement. If the Vessel Lease Agreement is concluded by means of remote communication on the basis of acceptance of the tenant’s order, yachting.com shall send to the tenant’s e-mail address a written counterpart of the agreement bearing an electronic signature on behalf of yachting.com, as the representative of CHC, representing a written confirmation of the agreement conclusion. The content of the Vessel Lease Agreement is determined by the written counterpart of the agreement or, if applicable, by the written confirmation of the agreement conclusion and by these Contractual Conditions. 4 .2. The contractual relationship is established between the tenant and CHC. yachting.com, as the intermediary of CHC, acts in the name and at the account of CHS and respects the rights and obligations of CHC. Thus, the rights and obligations arising from the intermediated Vessel Lease Agreement relating to the lease arise only between CHC and the tenant.
- 4.3. By signing the agreement and unless the tenant raises any objections against the content of the Vessel Lease Agreement in writing within 2 (two) business days after the delivery of the written counterpart of the Vessel Lease Agreement as the confirmation of its conclusion pursuant to Art. 4.1 hereof, the client confirms that it is fully acquainted with the content of the agreement and agreed with it and that it has received all the annexes constituting an integral part of the agreement and, therefore, accepts and agrees with all the contractual and business terms and conditions.
- 4.4. By signing the Vessel Lease Agreement, CHC undertakes to provide the tenant with the vessel lease service within the agreed scope and quality and in line with the agreed terms and conditions.
- 4.5. The tenant’s right to the provision of ordered services arises upon the conclusion of the Vessel Lease Agreement, it being understood and agreed that should the tenant fail to pay the price of the vessel lease in full and at the dates set forth in the agreement, then CHC shall be entitled to withdraw from the agreement.
- 4.6. The obligation of binding booking of the vessel (of the ordered vessel lease service) in favour of the tenant by CHC shall arise upon the conclusion of the Vessel Lease Agreement.
5. PRICE AND PAYMENT TERMS
- 5.1. The price of the vessel lease shall include the lease of the vessel, its equipment, statutory insurance of the vessel and services of the CHC service point. Any and all fuel, port fees and other costs and expenses associated with the vessel operation (e.g. customs fees) shall be borne by the tenant.
- 5.2. CHC shall be entitled to request the payment of the price of the vessel lease prior to the vessel delivery, at the times specified in the Vessel Lease Agreement. Any amount under the Vessel Lease Agreement shall be deemed paid upon its crediting to the bank accounts of yachting.com kept with the relevant financial institution in CZK or in EUR or upon its cash or debit card payment at the registered office of yachting, s.r.o. The currency used for the payment shall be chosen by the tenant. The amount in CZK or the exchange rate CZK/EUR shall be determined by yachting.com based on the up-to-date FX sale exchange rate of UniCredit Bank, a.s.
- 5.3. CHC shall be entitled to request advance payment up to 5% - 50% of the price of the vessel lease, unless otherwise stipulated in the Vessel Lease Agreement. In specified cases, it is possible to divide the payment of the price of the vessel lease into several installments, i.e. either two installments of which the first one shall represent the advance payment of the price of the vessel lease and the second one shall represent the balance, or three installments of which the first one shall be referred to as the “small” advance payment, the second one shall represent the advance payment and the third one shall represent the balance of the price of the vessel lease, in each case according to the payment schedule set out in the Vessel Lease Agreement. The tenant shall not be entitled to the division of the payment into several installments, this procedure shall always be subject to the approval by the authorised representative of CHC or yachting.com. If the tenant is obliged to pay to CHS at the place of the lease a mandatory surcharge on the price of the vessel lease, the amount of such surcharge shall be specified in the Vessel Lease Agreement, in section “Mandatory Surcharge”. This surcharge shall be payable to CHC prior to the lease commencement and may only be paid in the local currency, either in cash or by a debit card.
- 5.4. Upon the Vessel Lease Agreement conclusion, the tenant shall pay the advance, either in the form of the so-called “small” advance payment or in the form of the regular advance payment, to the account of yachting.com (the payment shall be governed by the provisions of Art. 5.2 hereof) within 2 (two) business days after the execution date of the Vessel Lease Agreement. All payments of the price of the vessel lease, both advance payments and balance payments, shall be remitted by the tenant to the account of yachting.com at the dates set forth in the Vessel Lease Agreement and specified in the payment schedule. If the lease commences earlier than 40 (forty) days (and in certain cases earlier than 60 (sixty) days) after the execution date of the Vessel Lease Agreement, the tenant shall be obliged to pay 100% of the price of the vessel lease. The tenant shall be obliged to meet this deadline even without a notification by CHC or yachting.com. The banking transfer fees, so-called SHA shared fees, shall be borne equally by the tenant and yachting.com.
Yachting.com must receive the full amount set forth in the agreement. All payment dates set forth in the Vessel Lease Agreement shall be binding upon the tenant as of the lease ordering date.
- 5.5. In the event of a failure to meet any of the payment dates with respect to the price of the vessel lease or of the advance payments or the balance payment by the tenant, CHC shall automatically be entitled to withdraw from the Vessel Lease Agreement with immediate effect. In such a case, CHC shall also be entitled to a contractual penalty in the amount corresponding to the cancellation fee pursuant to Art. 9.5 hereof. The contractual penalty, cancellation fees (compensation), as well as payment of fees for the changes of agreement pursuant to Art. 8.4 implemented upon the tenant’s request, shall be payable forthwith. CHC shall further be entitled to unilaterally set off the contractual penalty against the aggregate amount of payments received from the tenant before the withdrawal effectiveness date. CHC or ZINDULKA shall notify the tenant of the performed set-off in writing via registered mail or e-mail sent to the tenant’s e-mail address and bearing an electronic signature.
- 5.6. If any material errors occur in the Vessel Lease Agreement in relation to the price calculation, then both parties shall be entitled to correct such errors based on the up-to-date price list of CHC, without any impact on the validity and effectiveness of the agreement as a whole.
6. RIGHTS AND OBLIGATIONS OF THE TENANT
- 6.1. The basic rights of the tenant include the following:
- a) the right to proper provision of the services agreed in the contract and paid for;
- b) the right to request information on all decisive facts that are known to CHC and that relate to the subject matter of the services agreed in the contract and paid for;
- c) the right to be informed of any changes of the services agreed in the contract;
- d) the right at any time until the vessel lease commencement to withdraw from the Vessel Lease Agreement under the terms stipulated in Art. 9 hereof;
- e) the right to notify CHC or yachting.com in writing of any change of the crew members compared to those specified in the original crew list, provided that the condition of the maximum permitted number of persons on-board is fulfilled. If the tenant requests a change in the crew list less than 48 hours prior to the lease commencement, CHC shall be entitled to charge EUR 50 for each such individual change.
- f) the right to file complaints with respect to any defects of the vessel lease service; the tenant shall be obliged to raise its complaint no later than upon the vessel return, directly with CHC by means of a separately executed complaint protocol or by means of recording the complaint in the handover certificate or by any other means pursuant to the Business Terms and Conditions of CHC.
- 6.2. The basic obligations of the tenant include the following:
- a) to provide CHC or yachting.com with any co-operation and assistance necessary for proper ensuring and performance of the contractually agreed services, in particular to completely and accurately fill any required data in the Vessel Lease Agreement, int he crew list or in the order of the vessel lease service, to notify any changes of such data and to submit any other documents and materials necessary for proper provision of the vessel lease service, as may be requested in any particular cases by CHC;
- b) without undue delay to inform CHC or yachting.com of its statement regarding any changes of the conditions or of the content of the agreed services;
- c) the client shall be obliged to be equipped with any documents required for entering the relevant countries where the vessel lease service is to be enjoyed, including the stay and transit (i.e. valid passport with the required validity period, visa, health insurance certificates, etc., if required);
- d) to pay the price of the vessel lease pursuant to the provisions of Art. 5 of the Vessel Lease Agreement;
- e) to receive from CHC or yachting.com any documents necessary for subsequent enjoying of the agreed vessel lease service and to arrive at the agreed time to the place of the vessel acceptance (check-in) with all required documents enabling the tenant to enjoy the vessel lease service without any problems;
- f) to act so as to prevent damage on health or assets of any service providers; to compensate CHC or yachting.com for any damage suffered through the tenant’s conduct;
- g) to ensure timely and proper exercise of any potential claims against CHC;
- h) in the event of withdrawal from the agreement, the tenant shall be obliged to notify such fact to CHC or yachting.com in writing and to pay cancellation fee pursuant to Art. 9 hereof;
- h) The tenant or the vessel captain must hold the relevant marine yacht licenses for the given location and for the given vessel size and must possess the knowledge and experience necessary for piloting/controlling a marine yacht. In certain regions, the captain license must be accompanied with a license for the use of a radio station, unless such license constitutes a part of the captain license.
- i) The tenant undertakes to admit on board of the marine yacht only the maximum number of persons permitted for the yacht pursuant to the Vessel Lease Agreement, all of whom are listed in the crew list.
- k) The tenant undertakes to use the vessel solely for recreational or sports cruising within the scope of applicable sailing and customs legislation, with the exclusion of any trading, profit generating fishery, sublease, commercial transport of persons or cargo, competitions or any other similar activities. Any exemptions are subject to prior written consent of CHC. The vessel is designed for sailing on inland seas or on the high seas. Territorial waters of any countries other than the starting country may only be entered with a written consent of CHC. In the event of a breach of this regulation, the tenant itself shall be liable to the competent marine and customs authorities, criminal prosecution bodies and all other institutions, including in the case of confiscation of the vessel constituting the subject of lease and including cases of unintentional fault. The tenant shall be liable towards CHC for any and all damage and expenses resulting from a breach of the aforementioned regulations and rules.
- l) In the event of emergencies where the situation so requires, the tenant may have the vessel pulled by other vessel(s), provided that it always obtains consent of CHC for such purpose (with the exception of life-threatening events).
- m) When dangerous weather conditions are forecasted (in any event in the wind of 5 Bft), the tenant may not leave the safe port or must find the nearest port or suitable anchorage. The tenant may not anchor the vessel in the open sea. In such a case, it must be possible to immediately relocate the vessel in the event of a threatening danger. The tenant may at any time call the CHC representative in the starting port or through the assistance number provided by yachting.com. Any minor damage not preventing further cruise of the vessel must be reported by the tenant over the telephone to the CHC base manager at the phone number specified in the delivery certificate pertaining to the vessel.
- n) In the event of an emergency (crash, rupture, fire), burglary and damage exceeding the amount of EUR 500, the tenant shall be obliged to promptly contact CHC, have a damage protocol executed and confirmed by all the involved parties and, if necessary, seek the assistance of the police, captain’s office or any other authorities. The tenant must report any breaking into the vessel or theft of any equipment to the police. Should the tenant fail to fulfil these formal requirements prescribed by the insurer, it may be required to bear any and all costs resulting from the breakdown or burglary. The above shall also apply to the vessel confiscation.
- o) Non-using the vessel as a result of unpredictable damage events during its use shall not give rise to the tenant’s entitlement to full or partial refund of the price of the vessel lease.
- p) Together with the filled crew list, the tenant shall submit to CHC or yachting.com a copy of the captain license or of any other mandatory license by means of on-line login to the websites of yachting.com, no later than 14 days prior to the vessel lease commencement or immediately after binding confirmation and execution of the agreement, if the time period between the cruise commencement date and the agreement execution is shorter than 14 days. CHC shall not be liable for any delay with the delivery of these materials making it impossible for the tenant to set sailing due to the missing information or causing a delay in the tenant’s departure. CHC may charge a fee for non-delivered crew list and the relevant licenses for the vessel operation.
- q) Any and all costs and damages suffered by the tenant as a result of its failure to fulfil its obligations stipulated in this article shall be borne by the tenant itself.
- r) CHC shall not be liable for any damage caused by force majeure events, including but not limited to wars, nuclear accidents, strikes, riots, acts of terrorism, sabotages or natural disasters.
7. OBLIGATIONS AND RIGHTS OF CHC
- 7.1. CHC shall be obliged to duly and truthfully inform the tenant of any decisive facts relating to the agreed services that may be important for the tenant and that are known to CHC.
- 7.2. CHC shall not be obliged to provide any performance to the tenant beyond the scope of the vessel lease service contractually agreed in advance, confirmed and paid for.
- 7.3. In the course of any communication exchanged between the tenant and the staff of CHC or yachting.com, it is necessary that both parties follow not only applicable ethical standards, but also the relevant legislation. It is necessary to exclude any statements non-compliant with the right to personality protection (specifically, any statements affecting civic dignity, human dignity, privacy, personal name etc. are absolutely unacceptable). It is also unacceptable to make any mocking remarks, offend another person’s honor and dignity, use threats, cause harm to health or use any other rude conduct contrary to the aforementioned legal regulations. In the event of any such unwanted behavior, CHC or the tenant may each without any further explanations promptly terminate any and all mutual communication. The conduct described above shall be classified as a material breach of the Vessel Lease Agreement.
8. CANCELLATION AND AGREEMENT ON SERVICES
- 8.1. CHC shall be entitled to cancel the vessel lease and to withdraw from the Vessel Lease Agreement in the cases specified in the Business Terms and Conditions of CHC. If it is feasible for CHC, it shall offer the tenant in such case a substitute vessel lease, corresponding as much as possible to the original arrangement. If the tenant agrees, the parties shall conclude a new Vessel Lease Agreement with a substitute subject of performance. If the substitute vessel is of a lower standard (in terms of type, year of manufacture, number of cabins, etc.) and the tenant agrees with the substitution, CHC shall pay out to the tenant without undue delay the difference in the price determined by CHC.
- 8.2. If any external circumstances occur preventing CHC from the provision of the vessel lease under the determined and contractually agreed terms, thus forcing CHC to modify the terms of the vessel lease prior to its commencement, CHC shall be obliged to notify the tenant of such changes without delay and to propose an amendment to the Vessel Lease Agreement. If the proposed amendment consists of a change of the subject of lease, where the original vessel chosen by the tenant is to be substituted with a vessel of a lower standard (in terms of type, year of manufacture, nubmer of cabins etc.), the tenant shall be entitled to decide whether it agrees with such change of the subject of lease or whether it wishes to withdraw from the Vessel Lease Agreement.
- a) If the tenant does not withdraw from the Vessel Lease Agreement within 7 (seven) days after the delivery of the amendment proposal, it shall be deemed to agree with such change. Upon this moment, the amendment of the Vessel Lease Agreement shall become effective. If the amendment of the Vessel Lease Agreement results in the increased price of the vessel lease, such price difference shall incur to the debit of CHC. f the amendment of the Vessel Lease Agreement results in the reduced price of the vessel lease, CHC shall either be obliged to reduce the balance of the aggregate price of the vessel lease, if it has not yet been paid by the tenant, or to refund without undue delay the difference in the price of the vessel lease, if the tenant has already paid the entire price of the vessel lease.
- b) If the tenant disagrees with the proposed amendment of the Vessel Lease Agreement and withdraws from the Vessel Lease Agreement within 7 (seven) days after the delivery of the amendment proposal by means of a written withdrawal notice sent to yachting.com, the procedure described in Art. 8.1 hereof shall apply, i.e. if it is feasible for CHC, it shall offer a substitute lease to the tenant, corresponding as closely as possible to the original arrangement. If the tenant agrees, the parties shall conclude a new Vessel Lease Agreement with a substitute subject of performance. If the substitute vessel in such case is of a lower standard, CHC shall pay out to the tenant the difference in the price without undue delay. If the tenant does not choose any substitute vessel, it shall be entitled to the refurn of any amounts of the price of the vessel lease already paid.
However, the tenant shall not be entitled to withdraw from the Vessel Lease Agreement in the case of a change of the vessel type and model by CHC due to any damage, breakdown or other circumstances causing the need of a replacement of the tenant’s vessel, while maintaining at least the same age (year of manufacture), number of cabins and type of the vessel (e.g. sailboat/catamaran/motor boat), as specified in the Vessel Lease Agreement.
- 8.3 The tenant shall be entitled to transfer the Vessel Lease Agreement to another person subject to prior consent of CHC, provided that such transferee is capable of controlling the vessel and holds all the prescribed licenses for controlling the vessel.
- 8.4. Any changes of the agreed contractual conditions upon the tenant’s individual request shall only be implemented by CHC if it is objectively feasible and if CHC agrees with such changes. The implementation of such changes shall be subject to a fee, specifically:
- a) the tenant’s request for a change of the Vessel Lease Agreement consisting of a change of the lease dates or extension of the lease period or, if applicable, a change of the vessel type or model or the place of departure submitted no later than 45 days prior to the lease commencement shall be subject to a fee of EUR 80 for each individual change. If the request is submitted by the tenant within a time period shorter than 45 days prior to the lease commencement, such request shall be classified as a new order of services and withdrawal from the original Vessel Lease Agreement, unless CHC assesses such request of the tenant as acceptable. CHC shall consider each change request on a case-by-case basis and shall always be entitled to charge fees for changes of the Vessel Lease Agreement pursuant to this paragraph. The fees shall be charged for each individual change of the Vessel Lease Agreement.
- b) In the event of shortening the lease period by the tenant and in the event of non utilising of the entire term of the vessel lease by the tenant at its own discretion, the price for the unused service shall not be refunded.
- 8.5. Changes in embarkment, acceptance of the vessel
If it becomes impossible for the vessel due to unfavourable weather or climate conditions or due to extraordinary circumstances to leave the port / marine because of a breach of the conditions prescribed by CHC with respect to the wind strength, wave height, etc., the tenant shall not become entitled to any indemnification or another compensation.
9. WITHDRAWAL FROM THE VESSEL LEASE AGREEMENT AND COMPENSATION MONEY (CANCELLATION FEE)
- 9.1. CHC shall be entitled to withdraw from the agreement prior to the commencement of the vessel lease service that constitutes the subject of the contractual relationship pursuant to Art. 3 hereof for the following reasons:
- a) breach of the tenant’s obligations; or
- b) cancellation of the vessel lease pursuant to Art. 8.1 hereof.
The withdrawal notice executed in writing and specifying the reason(s) of withdrawal shall be sent by CHC or yachting.com to the address of residence/registered office of the tenant or to another contact address provided by the tenant.
The withdrawal shall become effective as of the date of the withdrawal notice delivery to the tenant, but in any case no later than on the 10th (tenth) day after the date of dispatch.
- 9.2. The tenant shall be entitled to withdraw from the Vessel Lease Agreement at any time before the vessel lease commencement as follows:
- a) without stating a reason; or
- b) if it does not agree with any change of the Vessel Lease Agreement pursuant to Art. 8.2 hereof;
- c) due to a breach of obligations of CHC stipulated in the Vessel Lease Agreement.
In the withdrawal notice, the tenant shall specify the basic data necessary for the identification of the Vessel Lease Agreement from which the tenant is withdrawing (i.e. the tenant’s personal data, number of agreement, etc.).
- 9.3. If the reason of the tenant’s withdrawal from the agreement is different than a breach of obligations stipulated in the agreement or if CHC withdraws from the agreement prior to the lease commencement due to a breach of the tenant’s obligations, the tenant shall be obliged to pay a compensation fee to CHC in the amount set out in Art. 9.5 b) hereof.
- 9.4. If the reason of the tenant’s withdrawal from the Vessel Lease Agreement is a breach of CHC’s obligations stipulated in the agreement or if a new agreement pursuant to Art. 9.2 b) hereof is not concluded, CHC shall be obliged to refund to the tenant without undue delay all amounts received from the tenant as the payment of the price of the services under the cancelled agreement, and the tenant shall not be obliged to pay any cancellation fee.
- 9.5. Cancellation fee in the case of withdrawal from the Vessel Lease Agreement
- a) If the tenant withdraws from the Vessel Lease Agreement or if CHC withdraws from the Vessel Lease Agreement prior to the lease commencement due to a breach of the tenant’s obligations, the tenant shall be obliged to pay a compensation fee to CHC in the amount set out below, depending on the length of the time period when the withdrawal takes place. The amount of the compensation (cancellation) fee shall depend on the time period between the withdrawal and the contractually agreed vessel lease commencement date (check-in). The number of days shall not include the vessel lease commencement date (embarkment).
- b) If the tenant pursuant to the Vessel Lease Agreement only paid the so-called “small” advance payment, CHC shall be entitled to claim the balance of the advance payment up to 50 % of the price of the lease to be paid by the tenant, if the Vessel Lease Agreement was terminated before the payment of the 50% advance. Upon cancellation or termination of the Vessel Lease Agreement by the tenant during the time period shorter than 35 days prior to the lease commencement date, CHC shall always be entitled to 100% of the price of the lease.
- c) If CHC succeeds in filling the vessel disengaged as a result of the agreement termination by the tenant, it may refund to the tenant, at its own discretion, the amount of the price of the vessel lease paid by the tenant, after the deduction of any and all costs and expenses incurred by CHC and of any discounts possibly granted to the substitute tenant. Such decision lies within fill discretion of CHC and shall not be legally enforceable.
- d) If the vessel is not accepted by the tenant or in the event of withdrawal from the agreement without prior notice due to reasons at the side of the tenant, the tenant shall be obliged to pay to CHC an amount equal to 100% of the pre-agreed total price of the vessel lease.
Cancellation fees in general:
The time before the vessel lease commencement (check-in) during which CHC or yachting.com receives the withdrawal notice or withdraws from the agreement:
time of withdrawal: more than 35 days (or 60 days in specified cases), 35 days and less
cancellation (compensation) fee: 50% of the vessel lease price
100 % of the vessel lease price
10. COMPLAINTS ABOUT DEFECTS
- 10.1. In the event of a defectively provided or non-provided vessel lease service that constitutes the subject matter of the Vessel Lease Agreement, the tenant shall become entitled to file a complaint.
- 10.2. The tenant shall be obliged to exercise the right arising on grounds of liability of defects of the vessel lease service no later than upon the vessel lease termination, by means of a separately executed complaint protocol or by means of recording the complaint in the handover certificate or by any other means pursuant to the Business Terms and Conditions of CHC. The tenant shall be entitled to file complaints about defects at a later stage through yachting.com only if it was not possible to complain about such defects directly with CHC. In such a case, complaints must be filed without undue delay. If the tenant did not raise objections with respect to any defects of the vessel lease service without undue delay due to the tenant’s own fault, it shall lose the entitlement to any performance rendered on grounds of liability for defects. The tenant shall be obliged to provide any co-operation and assistance necessary for processing its complaints.
- 10.3. The subject of complaint proceedings may only include services covered by the relevant contractual arrangement (i.e. the Vessel Lease Agreement) that are subject to financial consideration.
- 10.4. CHC or yachting.com shall be obliged to process the complaint without undue delay, no later than within 30 days after the date of the complaint receipt, unless they agree with the tenant on a longer time of the complaint processing. 10.5. CHC shall not be liable for and shall not guarantee any standard, price or damage occurring with respect to any services or events not agreed in the Vessel Lease Agreement, organised by other entities, ordered by the tenant at the place of the vessel lease service for any third parties. CHC shall not be liable towards the tenant for the activities and conduct of any third parties (construction works, noise at the marine, noisy neighbours, etc.). In such cases, the tenant shall not be entitled to any compensation of suffered harm.
11. SPECIAL PROVISIONS
- 11.1. Upon conclusion of the Vessel Lease Agreement pursuant to Art. 4.1 hereof, the tenant grants their consent with CHC or yachting.com processing and collecting the tenant’s personal data within the scope of: name, surname, date of birth, address or residence and e-mail address for communication or, if applicable, any other contact address and telephone number provided by the tenant.
- 11.2. CHC or yachting.com shall be entitled to process and collect the provided personal data of the tenant for the purposes of offering business and services provided or intermediated by CHC or yachting.com. For this purpose, it is possible to use the tenant’s name, surname and address. CHC or yachting.com shall further be entitled to process and collect details relating to the tenant’s e-mail address also for the purposes of distributing commercial messages.
- 11.3. CHC or yachting.com shall be entitled to process and collect the provided personal data of the tenant within the scope specified in Art. 11.1 hereof and for the purposes of Art. 11.2 hereof, either by itself and/or through an appointed processor, for a period of 5 (five) years. After the expiry of this period, CHC or yachting.com shall be obliged to destroy this data of the tenant.
- 11.4. The tenant’s personal data provided pursuant to Art. 11.2 hereof shall be processed by means of automated and manual processing in both electronic and printed form.
- 11.5. The provided personal data of the tenant within the scope of Art. 11.1 hereof may be disclosed by CHC or yachting.com to an appointed data processor or to other entities authorised to provide or offer and sell the vessel lease services on behalf of CHC or yachting.com and in the case of the tenant’s e-mail address also to entities authorised to distribute commercial messages on behalf of CHC or yachting.com.
- 11.6. In the course of the personal data processing, CHC or yachting.com shall be obliged to ensure that the tenant does not suffer any harm on its rights, in particular its right to human dignity, and to ensure protection against unauthorised interference in the tenant’s private and personal life.
- 11.7. The tenant shall be entitled at any time to withdraw its consent with the personal data processing pursuant to this article. The consent withdrawal notice must be executed in writing. With respect to processing, collecting and use of details on the tenant’s email address, the tenant shall have the right sending the withdrawal of its consent with the use of its electronic contact details. Such withdrawal may be sent free of charge or to the e-mail account of yachting.com or upon receipt of each individual message or in the manner specified in the received commercial message.
- 11.8. The tenant has the right to access their personal data, the right to the correction of their personal data, as well as any other rights stipulated by applicable laws.
- 11.9. CHC shall not be liable for the tenant’s conduct.
- 12.1. The vessel shall be delivered to the tenant on the basis of the delivery certificate in a defect-free and clean condition, capable of sailing the sea. The tenant shall be obliged to carry out a comprehensive inspection of the vessel, including its free parts, prior to the execution of the delivery certificate (the check-in certificate). Should the tenant find any defects on the subject of the lease (vessel), it shall be entitled to request their prompt removal by CHC.
- 12.2. CHC shall not be liable for the accuracy of electronic devices and for the information contained in the marine maps. However, if the tenant discovers during check-in that any of the electronic devices are non-functioning, the tenant shall be obliged to promptly report such fact to CHC and request its repair or replacement. If prompt repair or replacement is not possible, the tenant shall execute a defect report with the representative of CHC who hands over the vessel, to be signed by both parties.
Any minor deviations resulting from wear and tear or from incorrect calibration of the devices shall be deemed satisfactory and shall not constitute a reason for filing complaints.
- 12.3. If, due to a breakdown during the previous cruise or due to any other obstacles, CHC cannot provide the tenant with the vessel that is the subject of the lease no later than within 24 hours after the agreed embarkment time, CHC shall be entitled and obliged to provide a similar vessel with the same number of cabins and of at least the same age or to refund to the tenant the full price of the vessel lease.
In the event of delayed delivery of the vessel to the tenant (starting from the 4th hour after the embarkment time set forth in the Vessel Lease Agreement), the tenant shall be entitled to the refund of a proportional part of the price of the vessel lease. CHC shall not be liable for any damage that may be suffered by the tenant as a consequence of the delayed delivery of the vessel.
Vessel return (check-out)
- 12.4. The tenant is obliged to return the vessel and its equipment to CHC in the original and functioning state, taking into consideration the usual wear and tear. The tenant is obliged to return to the starting port / marine with the vessel at the agreed time and to notify the representative of CHC of their presence. The tenant shall be liable for all costs and damage suffered by CHC as a consequence of a delayed return of the vessel if it was caused by the tenant’s fault due to weather conditions that may, according to general experience, occur within the given area and that must be taken into consideration when planning the cruise. This is without prejudice to the right of CHC to claim compensation of damage resulting from delayed return of the vessel.
- 12.5. Upon check-in, the tenant shall pay a refundable security deposit to CHC. The amount of the security deposit is set out in the Vessel Lease Agreement. The security deposit represents the deductible amount of CHC with respect to the vessel insurance policy. The tenant shall be liable for any damage caused to CHC up to the amount of the security deposit, with the following exceptions:
- a) In the event of the vessel confiscation by public administration authorities due to reasons specified in the law of the given jurisdiction within the territorial waters of which the vessel is located. The reason may be drug smuggling on board, smuggling of goods, weapons, refugees, non-compliance with the laws and regulations upon leaving territorial waters and illegal cruising or movement in another country’s territorial waters, unlicensed fishery, entry into military or protected areas, etc.
- b) In the event of delayed return of the vessel where it becomes necessary to indemnify the subsequent tenants. Where the length of delay or the amount to be paid as indemnification of the subsequent tenants exceeds the amount of the security deposit, CHC may request compensation from the tenant in the amount exceeding the security deposit. The calculation shall be based on up-to-date price lists of CHC.
- c) In the cases covered by insurance, the security deposit shall be refunded after the deduction of the determined deductible amounts and all ancillary expenses incurred in connection with the damage (telephone charges, travel and transport expenses, etc.) not covered by the insurer.
Insurance of the vessel
- 12.6. CHC or the vessel owner undertake to conclude the following insurance:
- a) insurance of liability for damage;
- b) hull insurance of the vessel with a deductible amount in the event of damage.
The insurance shall not cover personal assets or crew members. Neither the insurer nor CHC shall be liable for any injuries and damage suffered by the tenant or their crew on the vessel. The tenant and the crew members shall be obliged to conclude international travel insurance prior to their departure, with a supplementary insurance coverage of marine yachting at the given distance from the shore.
13. FINAL PROVISIONS
- 13.1. These Contractual Conditions shall become valid and effective as of 1 February 2016.
- 13.2. These Contractual Conditions constitute an integral part of the Vessel Lease Agreement concluded with the tenant.