CONDITIONS FOR YACHT RENTING
1. The lessee undertakes that he/she:
• Will handle the yacht and all the equipment belonging to it in the careful and attentive manner, as if they were his/her own personal property;
• Will navigate the yacht only in the territorial waters, and will duly comply with all navigation regulations, especially those related to the forbidden areas and will during the navigation and staying in the ports or anchorages abide to the maritime regulations and maritime customs;
Will use the yacht
exclusively for the holiday (tourist) purposes, he/she is not allowed to lend it
to the third party (sub-renting) or use it for any commercial or paid transports
whatsoever. Only persons entered into the list of the crew are allowed to stay
on the yacht;
Will not participate
with the rented yacht in any boat-race ( except if this is specially agreed upon):
Will not tow with the
rented yacht any other vessel, except in case of the utmost urgency;
Will carefully and
attentively receive and hand over the yacht
and its equipment on the basis of the delivery minutes;
Will carefully keep
and make all the required entries in the log book and will on returning the
yacht present it to the lessor. It is obligatory to enter into the logbook any
damage done to the rented yacht or the damage that the lesse might have done to
the third party. Any hitting the sea floor or the seaside must be described in
detail, including the exact addresses of the eyewitnesses and report them to the
lessor. In case of the inflow of water, serious damages, etc. he/she must
immediately inform the lessor and comply with his instructions.
in case when the lessee is not guilty of
the violation of these obligations, he/she disengages the owner of the vessel of
any responsibility to the public security authorities, whereas the lessee is
personally responsible to maritime authorities and customs houses for any
offences, trials, fines or confiscations ( forfeitures) which were caused by the
violations of obligations. In case of forfeiture the lessee is obliged to pay to
the lessor the obligatory and contractual compensation equal to the 2 day rental
for each day of the boat's immobilisation. In case of the confiscation of the
vessel the lessee is obliged to reimburse to the lessor within eight (8) days
the entire value of the new vessel as it is specified in the insurance policy.
lessee is obliged to repair any failures or damages that may occur during the
use of the yacht in the value of up to 100 Euro, he/she should
report them to the lessor and should adequately and with regard to the urgency
rectify them. On presenting the trustworthy account (bill) of the charges as
well as the replaced or broken parts, the costs are covered by the lessor. For
the repair of failures or damages, the cost of which exceeds the above-mentioned
sum, a prior approval on the part of the lessor would be necessary. In case that
during the yacht's rental the eventual failures or damage on the yacht or its
equipment prevent it to its further use, the lessee is obliged to immediately
notify the lessor and handle the situation according to his instructions. The
use of someone else's help or resorting to the services of the third party is
not allowed without a lessor's prior approval. Only exceptionally is the lessee
allowed to act on his/her own, i.e. in cases when it may otherwise result in
serious injuries, or when his/her or the life of the crew are in danger or there
is a substantial threat to the yacht and its equipment. Even in such case he/she
is obliged to inform, as soon as there is a possibility, the lessor. In case of
damages or accidents the lessee writes the Damage Report and certify it at the
harbour's maritime authorities, at the police, in the port, at the doctor's or
at least at two legally competent entities or persons. The lessee acts in the
same way also in case of theft, navigational incapacity, confiscation or any
other hindrance to the navigation caused by official entities or the third party.
If the lessee does not act according to the obligations stated in this contract
he/she assumes a personal responsibility for all compensation claims from the
lessor or the third party. The incapacity to navigate the vessel due to the
break down does not entitle the lessee to partial or entire refund of the paid
rental. The lessee is responsible to the lessor also for all the damage,
accidents or lost equipment or material caused by a member of his/her crew.
includes the usual wearing of the yacht and its equipment, third-party insurance,
comprehensive insurance at one's own participation (caution money) as well as
the mooring in the homeport. Rental does not include the fuel, moorings and fees
in other ports, harbours or anchorages, the car parking fees and the tourist fee.
The lessor cannot be held responsible for the acts that the lessee may perform
or not perform during the rental time. The lessee explicitly excludes the lessor
from all disputes, litigations, lawsuits or other consequences related to the
rental of the yacht. The lessee assumes full personal responsibility especially
in case when he/she does not abide to the regulation about the navigation in
prohibited areas and other restrictions.
If the lessee is for medical or other justified reasons unable to start the
rental according to the agreed and valid contract he/she may withdraw if he/she
gives assurance of providing another lessee, who is to assume all the
contractual obligations. In such a case the lessee is charged 2% of the rental
to cover the lessor's expenses. If the lessee, however, does not find the
substitution, he is obliged to pay the rental regardless of whether he/she is
going to use the yacht or not: thus until 5 weeks before the start of the rental
the lessee is to pay the advance money (30% of the entire rental), from 5 weeks
until the start of the rental, however, he/she is to pay the entire rental. The
lessor is allowed to rent the yacht to someone else if the lessee within 8 days
from the expiration (due date) does not pay the rental.
Handing over (delivery)
The lessor delivers the yacht to the lessee at an agreed time and agreed place.
If the lessor, for objective reason, cannot deliver the yacht in the agreed time,
the rental is proportionally reduced for each day of the eventual delay. If the
lessor cannot deliver the yacht to the lessee within 40 hours after the expiry
of the agreed time or at a place that is less than 40 rututical miles away from
the homeport, the lessee has the right to withdraw from the contract. In such a
case the lessee is reimbursed the amount of the rental whereas all other
compensations ( e.g. travel expenses, accommodation, etc. . . ) are excluded.
Is deposited on receiving the yacht in cash. In case there are no compensation
liabilities the lessee is on returning the yacht given the caution money back in
its entirety. The caution money must be deposited also in case of the rental
with the skipper.
yacht is covered by third-party insurance.
The comprehensive insurance covers, at one's own participation (caution money),
the damage caused by vis maior, drowning, thunderbolts, fire, etc...
In case the yacht is
rented with a skipper
the skipper's obligations are limited only to:
• the piloting and navigating the yacht. During the voyage the lessee and the crew must unconditionally comply with the skipper's commands; not complying with his commands may result (according to the skipper's judgment) in the withdrawal from the contract.
the skipper has no right to demand any compensation or payments, and at the same
is not obliged to provide any other services for the lessee ( e.g. cooking,
shopping, etc. . . ).
It is strictly prohibited
(under no condition)
to keep any kind ofpet animals (dogs, cats, birds, etc. . . ) on the yacht.
In certain, justifiable
cases, if the
lessor suspects the lessee's sailing and navigational abilities are of a too low
standard, he is allowed to test his/her practical and theoretical knowledge. If
he founds out that the lessee does not possess enough knowledge he/she is (at an
additional charge) given a skipper or the lessor withdraws from the contract and
keeps the entire rental price. The costs for the assigned skipper are paid by
the lessee, who is also obliged to provide him with three daily meals and the
The lessee's eventual
for the eventual damage are to be addressed to the lessor in writing (by the
registered letter) at the latest 8 days after the expiry of rental. All claims
have to be written down during the handing back of yacht in the return minutes
and should be presented by the person, who is on behalf of the lessor receiving
the yacht from the lessee. All the facts and events must be recorded in the
logbook. The compensation claims are limited to the value of the paid rental
All verbal remarks or
without any validity; they are valid exclusively in writing. In all disputes the
lessor and the lessee will endeavour to find a common solution.
contract of the yacht renting
enters into force on the lessee's signing it and on his/her depositing the
advance (30%). The resolution of any legal disputes or litigation falls within
the competence of the court in Ljubljana.