SPECIAL 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.

Even 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.

The 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.

2. The navigation licence: The lessee declares that he/she owns a valid licence for boat navigation (a certificate confirming the qualification for a boat navigation and radiotelephony) and possesses an adequate sailing and steering expertise to navigate the rented yacht or that during the time of the rental the yacht will be navigated by some other person, who is a holder of such a certificate and who is mentioned in the contract. The lessee must in any case adapt the navigation to his/her experience and weather conditions. In no case it is allowed to steer out of the safe port, harbour or anchorage if the wind force exceeds 6 Bofores. The lessee must pay regard to the weather forecasts and act accordingly.

3. Rental 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.

4. Guarantee: 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.

5. Withdrawal: 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.

6. 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.
If the lessee within 24 hours after the rental's starting time does not accept the vessel or does not notify his/her delay in writing or verbally, the lessor is entitled to rent the yacht to another person.
On receiving the yacht the lessee must carefully check out the state of the yacht and its equipment. All eventual observations and deficiencies must be entered into the delivery minutes. All that has not been stated as deficient already on the delivery is onsidered to be received in normal state. The yacht is at the lessee's disposal as soon as he/she confirms in writing that the engine and the vessel are capable of navigation and signs the inventory document presented to him by the lessor. From that moment on all the lessee's objections with regard to the equipment or the vessel's capabilities are cancelled out.
If during the previous rental some parts of equipment were damaged or lost and their replacement cannot be immediately carried out, the lessee is allowed to withdraw from the contract or demand the discount of the rental price, however only if the vessel is restricted in its navigational capabilities.
The skipper is on receiving the yacht obliged to get him/herself thoroughly acquainted with its equipment instruments, the manner of its operation and with all the necessary maintenance that is required during the voyage.
If after the delivery of the yacht during the time of initial navigation there comes to a failure or damage that entirely prevents the further rental, the lessee has no right to any compensation if the failure or damage is caused by a vis maior (force majeure) (the wind, weather conditions, sea conditions, thunderbolt, etc. . . ) or is caused by the third party. If the failure or damage is, on the other hand, the consequence of some at the delivery invisible deficiencies on the hull, in the drive and steering mechanisms or in the engine, the lessee is entitled to reimbursement of the rental price for the period ( days) wherein he/she is unable to use the yacht.
all other compensation claims (especially travelling expenses, accommodation, the compensation for lost days or failed holidays, etc. . . ) are excluded.
The lessee is obliged to return the yacht to the lessor at the agreed time and at the agreed place. In case his/her handing over the yacht is delayed for up to 12 hours, he/she pays for every started hour after the expiry of the return time and a compensation which is equal to 2% of the weekly rental price for every day of the delay, as well as all the costs that may be caused by such a delay (travel/transport costs, the compensation to the next lessee, etc. . . ). The unfavourable weather conditions do not justify any delay. The lessee must be within 24 hours before the expiry of the rental time no more than 30 nautical miles away from the homeport. If the lessee is forced to land in some other harbour he/she is obliged to protect the vessel, until the lessor takes it back and is obliged to pay all the costs (travelling, transport, fuel, etc. . . ) related to the transport of the vessel to its homeport. The vessel is considered returned when the caution money is given back and the return minutes are written down. Obligatory is also the handing over of the logbook.
The yacht is handed back to the lessor with its fuel tank being refilled, cleaned up, tidied up, serviced and in the impeccable navigational condition.
The lessee must return the yacht in the same state as it was delivered to him/her!
All damage or lost material and equipment that occurred during the rental time, also in the case of vis maior, are charged, whereas the compensation is deducted from the caution money.
If the lessor at the return of the yacht suspects that the yacht's bottom might have been hit, he is allowed to order the yacht to be lifted and examined at the lessee's cost.

7. Caution money: 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.
The lost or damaged objects on the yacht or parts of its equipment are charged to the lessee in the amount that is equal to the cost of its replacement or repair, including the transport costs, organisational costs,....and the costs of the eventual cancellation of the yacht's further rental. The spare parts and equipment are evaluated according to the catalogue prices. Furrows, bruises or similar small scale damage is charged by the square centimetre, for the un-refilled fuel tank the lessee is charged in addition to the fuel price also 10% for the related costs. In case the costs cannot be determined immediately, the lessor keeps the adequate part of the caution money, until the bills for the repair and supply are not paid. In case of a damage or a loss that is covered by an insurance company, we deduct from the caution money all those expenses that are not covered by an insurance company (telephone, fax, telegram, travel costs, minutes, supervision, organisation, . . . ).
The lessee is obliged to check out the oil in the engine and its cooling system on a daily basis.
The damage that are caused due to the engine's overheating or the deficient lubrication are not insured and are paid by the lessee.

8. The 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...
The insurance policy is arranged for the lessee as if he/she were the actual owner. The lessee and his/her crew bear during the rental time the same responsibilities as the owner himself, and for that reason they must in case of the damage or the threat to the vessel act in the same responsible manner. The skipper and the crew, as well as their personal belongings are, on principle, not insured, for that reason we recommend the additional insurance. The lessee is also accountable for the risks related to the navigation in officially forbidden areas, as well as anchorage and landing in harbours or ports that are stated as dangerous.

9. 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. . . ).

10. It is strictly prohibited (under no condition) to keep any kind ofpet animals (dogs, cats, birds, etc. . . ) on the yacht.

11. 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 beverage.

12. The lessee's eventual compensation claims 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 price.

13. All verbal remarks or comments are without any validity; they are valid exclusively in writing. In all disputes the lessor and the lessee will endeavour to find a common solution.

14. The 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.

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