General charter terms and conditions
Daniela Krause Finest Yachting S.L. hires the yacht named in the Charter Agreement to the Charterer and does not enter into any other charter agreement for the same yacht for the same period. The Charterer hires the yacht and pays the charter fee, the deposit and other agreed fees in available funds before the date and to the account specified in the charter details of this contract.
§ 1 PAYMENT OF THE CHARTER FEE
If a booking is made up to fourteen ( 14 ) days in advance, fifty percent ( 50% ) of the charter fee is due. Unless otherwise stated under "Payments" in the charter contract, the remaining amount shall be paid in available funds fourteen ( 14 ) days prior to the start of the charter period to the specified account. For bookings made within fourteen ( 14 ) days prior to the commencement of the charter, one hundred ( 100 ) % of the charter price and any other fees included in the charter contract shall be payable. Transfer fees will be paid by the charterer. We accept VISA, MASTERCARD, AMERICAN EXPRESS and selected cash cards. We do not accept no cheques.
§ 2 DEPOSIT
The deposit must be received or paid by Daniela Krause Finest Yachting S.L. at the beginning of the charter period and before entering the yacht. Payments can be made in cash or by credit card (VISA, MASTERCARD)
§ 3 REFUND OF THE DEPOSIT
Unless otherwise agreed or stated, Daniela Krause Finest Yachting S.L. will apply the deposit in whole or in part to liabilities of the Charterer in accordance with the terms of the Hire Agreement. However, if the deposit is not used for this purpose, it will be returned to the Charterer without interest within one week after the end of the charter period or after official clarification of open questions and credited to the Charterer's credit card specified in the rental agreement. Please note that in the case of deposits paid by credit card, exchange rate fluctuations may occur. Daniela Krause Finest Yachting S.L. will not be liable for any bank charges or card fees.
§ 4 PRICES
§ 5 CANCELLATION
If the booking is cancelled by the Charterer for any reason, the Charterer to whom the booking confirmation was issued must notify this in writing. The cancellation is valid from the date of receipt of the cancellation. The following cancellation fees will apply:
A) Up to 14 days before charter start: 100 % of the charter fee
B) 14 to 30 days before charter start: 50 % of the charter fee
C) More than 30 days before charter start: No cancellation fee
If the booking cannot be made due to force majeure such as bad weather, excessive swell or thunderstorms, it can be flexibly postponed to another day if available. The charter company, Daniela Krause Finest Yachting S.L., will decide whether a booking will take place in the event of the above-mentioned circumstances. Should the charterer not be able to make a booking on another day due to his own interests or the limited period of the stay on the island of Mallorca, the charterer will receive a credit note for the entire charter price. The credit note is valid for an unlimited period of time and transferable to third parties.
§ 6 EXPLANATION OF HIGHER VIOLENCE
The term "force majeure" as used in this Agreement refers to incidents directly resulting from acts, events, omissions, accidents or occurrences of force majeure beyond the reasonable control of Daniela Krause Finest Yachting S.L. or the Charterer. Examples include strike, work stoppage, riot, insurrection, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, a law enacted by the government or serious mechanical or electrical breakdown beyond the control of the crew which is not due to the negligence of Daniela Krause Finest Yachting S.L..
§ 7 INSURANCE
To protect against unforeseen events, we recommend that our clients take out travel cancellation insurance, which covers special events in the event of an emergency.
§ 8 INSURANCE AND LIABILITY OF THE CHARTERER
Daniela Krause Finest Yachting S.L. insures the yacht with market leading insurers against all the usual risks applicable to a yacht of the appropriate size and type. Under normal circumstances, the liability of the charterer for costs or loss of damage to the yacht or third parties to be repaired, for which the charterer or his guests are responsible, is limited to the amount of the deductible entered in the insurance policy per claim. The Charterer's liability may exceed the respective deductible per claim if his conduct or that of his guests is intended to cancel or limit the agreed insurance cover. The Charterer also takes out insurance for his private property on board or ashore, as well as health & accident insurance for claims not covered by the yacht insurance.
§ 9 DRIVING AREA
The Charterer may only operate the yacht in sailing areas and within these only in regions for which the yacht is licensed and insured. If the Charterer takes the yacht outside the approved cruising area, he will be requested to take the yacht to the nearest appropriate port and leave. If the contract is terminated, the Charterer shall not be entitled to a refund of the charter fee or the deposit paid. The Charterer shall bear any costs incurred for damage and the return to the yacht's home port. The general insured cruising area is the Spanish Mediterranean.
§ 10 MAXIMUM NUMBER OF PERSONS ON BOARD
The Charterer may not exceed the maximum number of persons allowed on the chartered yacht in any situation during the entire charter period. Should he, in the reasonable opinion of Daniela Krause Finest Yachting S.L., violate this regulation, Daniela Krause Finest Yachting S.L. may terminate the contract. In this case, the Charterer shall leave the yacht at the nearest reasonable port and shall not be entitled to any refund of the charter fee or deposit after termination of the contract.
§ 11 RUNNING THE YACHT
If the Charterer rents a yacht within the scope of this rental agreement, he agrees to the following regulation:
A) If Daniela Krause Finest Yachting S.L. is of the reasonable opinion that the Charterer is not able to safely and seamanlike manage the yacht, the Charterer shall, at his own expense, engage the services of a professional captain specified by Daniela Krause Finest Yachting S.L. until the latter is of the opinion that the Charterer is able to manage the yacht without his assistance.
B) The Charterer shall pay the operating costs of the Yacht, including but not limited to the cost of fuel and harbour dues, if any, except for the original berth in the Home Port. Costs for loss, breakage and other damage to the yacht or its equipment caused by the Charterer (accidentally or intentionally) beyond normal wear and tear will be retained from the deposit. In the event of a forecast wind force in excess of 6 on the Beaufort scale, the Charterer shall not leave the respective port of refuge or shall immediately proceed to the nearest port or place of refuge to secure the yacht.
§ 12 LATE RETURN
If the return of the yacht is delayed due to force majeure, it shall take place as soon as possible thereafter. Until then, the terms of the contract shall apply. The charterer shall not incur any penalties or other costs. If the charterer delays the return of the yacht to Daniela Krause Finest Yachting S.L. in the port of delivery intentionally, he shall pay the daily price of the yacht immediately by direct transfer or in cash. In the event of a delay of more than twenty-four ( 24 ) hours, the Charterer shall compensate Daniela Krause Finest Yachting S.L. for any loss or damage incurred by Daniela Krause Finest Yachting S.L. as a result of the withdrawal of use, cancellation or delay in making the yacht available to subsequent charterers.
§ 13 MALFUNCTION OR INCAPACITY TO DRIVE
If at any time after being made available the yacht is unroadworthy due to a collision, grounding or any other reason that makes reasonable use of the yacht impossible, the charter period will be terminated and all sums paid will be forfeited. If the breakdown is of mechanical origin, Daniela Krause Finest Yachting S.L. shall within twelve hours provide for a replacement, repair or hand over to the Charterer another yacht of the same dimensions, number of cabins and performance or refund to the Charterer the amounts paid. The Charterer shall not be entitled to any compensation.
§ 14 REPLACEMENT
If the hired yacht cannot be made available to the Charterer due to a breakdown during the previous use or for other reasons beyond the control of Daniela Krause Finest Yachting S.L., Daniela Krause Finest Yachting S.L. may offer the Charterer another yacht of the same dimensions or with the same number of cabins and performance or refund the amounts paid. The Charterer shall not be entitled to any compensation.
§ 15 USE OF THE YACHT
The Charterer shall use the Yacht solely for his own entertainment and that of his guests. He does not sublet the yacht and does not use it for commercial purposes under any circumstances. The Charterer shall ensure that no pets are brought on board the Yacht without the written permission of Daniela Krause Finest Yachting S.L.. The Charterer ensures that his behaviour or that of his guests does not disturb other persons or bring the yacht into disrepute. The Charterer shall not take on board any person who is not a member of his immediate party and who has not been included in the crew list. Smoking is expressly prohibited in all interior spaces of the yacht. The Charterer and his guests shall comply with the laws and regulations of all countries in whose territory the yacht is operated during the contract period. The Charterer shall ensure that all dutiable or other goods already on board or brought on board during the charter period are cleared through customs before being brought ashore. Furthermore, it is expressly agreed that the possession or consumption or use of illegal drugs or weapons is sufficient reason for Daniela Krause Finest Yachting S.L. to terminate the charter contract without notice, without any recourse claims against Daniela Krause Finest Yachting S.L. arising from this.
§ 16 RECLAIMS
Within the framework of the rental contract, Daniela Krause Finest Yachting S.L. must be informed of all problems directly when they occur and not at the end of the charter period. If this requirement is not met, Daniela Krause Finest Yachting S.L. cannot accept any liability, as it has not been given the opportunity to check and rectify the problem. Daniela Krause Finest Yachting S.L. accepts no liability if the fault is due to the charterer, his guests or an event that Daniela Krause Finest Yachting S.L. could not have foreseen and avoided.
§ 17 APPLICABLE LAW
The contracting parties agree that Palma de Mallorca shall be the place of jurisdiction for the rental contract. At its own discretion, Daniela Krause Finest Yachting S.L. may determine whether the rental agreement is subject to the law of the country of Daniela Krause Finest Yachting S.L. or that of the charterer.