top of page
Küste

Terms and Conditions

logo_easy-yachting2.png

General terms and conditions of business

1. General:
Easy-Yachtcharter.at Agency Renate Wimmer, hereinafter referred to as Agency R. Wimmer, brokers a charter contract on behalf of and on behalf of the named charter company and the charterer. The R. Wimmer Agency fulfills its obligations towards both contracting parties in accordance with the rules of proper commercial conduct.

2. Charter price:
The charter price includes: The use of the yacht and its facilities, as well as the extras and additional costs listed in the charter contract. The price does not include port and other fees, as well as fuel, gas, water and all expenses necessary for the proper operation and maintenance of the yacht during the charter period. If the charter contract contains significant errors in the calculation of the charter price according to the valid price list, the charter party and charterer have the right to subsequent correction of errors without this affecting the legal validity of the contract. For gift charter vouchers, only one voucher can be redeemed per booking.

3. Liability on the part of the R. Wimmer Agency:
Before concluding the contract, the R. Wimmer agency clarified all questions with the charterer on behalf of the charterer and made the booking on behalf of the charterer under the agreed conditions. Liability by the R. Wimmer Agency for proper performance under this charter agreement can therefore only extend to the brokerage work carried out by the R. Wimmer Agency, but not to the services of the charter company or the charterer. As a result, the R. Wimmer agency is liable up to a maximum of the brokerage commission and only for damages that can be proven to be due to incorrect brokerage. All further liability claims are settled by the charterer and the charterer among themselves, with the R. Wimmer agency conducting the negotiations in an appropriate and neutral manner.

4. Obligations of the charter company:

The booked yacht is handed over to the charterer clean, ready to sail, seaworthy and fully fueled.

If the booked yacht cannot be handed over on the date agreed in the rental agreement (e.g. due to an accident, unseaworthiness due to an accident during the previous charter, etc.), the charter company can provide an equivalent replacement yacht.

5. Arrival:
Traveling to start the charter is not part of this booking. If the start of the charter is delayed due to the late arrival of the charterer or a crew member, there is no entitlement to reimbursement of costs. The laws and regulations for the travel agency industry do not apply to the charterer and his crew.

6. Termination by the charterer:
The period for which this booking was made can only be changed with the consent of the organizer and in accordance with the possibilities; A mutually agreed rebooking is possible at any time. – For cancellations up to one month before the start of the charter, the respective general terms and conditions of the charter company come into force. For cancellations within one month before the start of the charter, up to 100% of the charter price, also according to the charter company's terms and conditions.

The following cancellation conditions apply to a booked skipper training: 50% of the costs of the skipper training are due up to one month before the skipper training. Within one month before the skipper training 100% of the costs of the skipper training.

In the event of your withdrawal or cancellation before the start of the charter, we charge a processing fee of EUR 30.

If a replacement charter is successful, a fee of 5% of the total charter price will be charged.

We recommend that you take out travel insurance (for yachts/motorboats).

Failures or inaccurate displays of measuring devices or other pieces of equipment do not justify a non-attendance or cancellation of the charter or financial or other claims for damages if correct navigation using classic navigation methods is possible and the safety of the ship and crew is not at risk.

7. Method of payment:
The charter price must be paid to the R. Wimmer agency. The R. Wimmer agency is responsible for the proper passing on of the charter fee. If there are delays in the transfer process that result in late receipt of money by the charter company, R. Wimmer Agency is not liable for the resulting damages, unless there is gross negligence on the part of R. Wimmer Agency.

The deposit is due upon conclusion of the contract. If a security certificate can be issued, after receipt of the security certificate by the charterer.

The deposit must be paid when the yacht is handed over in cash or by credit card (as specified by the charter company). If the yacht is handed over in a condition in accordance with the contract, the deposit will be returned to the charterer.

The deposit must be paid when the yacht is handed over in cash or by credit card (as specified by the charter company). If the yacht is handed over in a condition in accordance with the contract, the deposit will be returned to the charterer. Taking out deposit insurance is strongly recommended.

8. Deposit:
The yacht must be returned in the condition in which it was taken over and as shown in the handover protocol.

Damage caused by the charterer will be repaired at the charterer's expense up to the amount of the comprehensive insurance deductible. In this case, the return of the deposit will be postponed until the bills are paid or the damage is compensated by the insurance company. Costs that are not covered by the insurance, e.g. deductible and all additional costs incurred, e.g. telephone costs, travel costs, protocol costs, repatriation costs, etc., will be offset against the deposit. Handover and use of the yacht:

The charterer must ensure that the yacht and its inventory are in perfect condition upon handover. Complaints must be reported to the charter company before the start of the trip. Any hidden defects that only become known after handover or defects that arise after handover do not entitle the charter price to be reduced, unless the defect was known to the charter company or was unknown as a result of gross negligence.

The charterer or ship's master assures that he has an appropriate certificate of competency to operate the ship in accordance with the regulations of the contractual area and that he has a radio telephone (VHF) certificate.

If it turns out during takeover with instruction on the yacht or during a test trip that the skipper does not have the necessary knowledge to safely operate the yacht, the charter company has the right to provide the charterer with a skipper at his own expense.

The charterer or the skipper appointed by him further undertakes to only carry the maximum permissible number of people and to notify the responsible authorities of any changes in the crew; not to use the yacht for business purposes, nor for transport or for the transport of people or for professional fishing and the yacht not to be chartered out; not to take part in races unless with the express consent of the organizer; to carefully keep the logbook including records of weather reports and the current weather situation; on a sailing yacht, not to leave the engine running when stationary and to only sail under engine for as long as is necessary; to comply with the regulations relevant to safety at sea as well as the regulations applicable in the respective area wherever possible; The charterer/shipper is liable to the charter company for all third-party claims caused intentionally or through gross negligence in connection with the use of the yacht; the charterer/shipper declares that he has been expressly informed of this obligation to pay damages. For claims from third parties that are brought to the attention of the charterer due to slight or ordinary negligence on the part of the charterer, the charterer is liable in accordance with the provisions of the General Civil Code (ABGB); the charterer/shipper declares that he has also been expressly informed of this fundamentally possible obligation to pay compensation; In the event of damage to the yacht due to normal wear and tear of the material, the charterer/shipper is entitled to arrange for repairs or replacement if the amount does not exceed EUR 50. makes up. This expense will be reimbursed upon return upon presentation of the invoice if the damage is not due to an error or negligence on the part of the charterer/shipper or his crew. Replaced parts must be kept.

In the event of major damage, accidents, possible delays in returning to the agreed end of the charter, loss or inability to maneuver the yacht, the charter company must be notified immediately. The charterer/shipper must do everything to reduce the damage and consequential damage and, in consultation with the charter company, order, document and monitor any necessary repairs and present them when paying. The right to a refund remains unaffected. The charterer/shipper must also prepare a damage report and have it confirmed by the responsible authorities, if this is possible on site.

If the charterer/shipper culpably fails to comply with these formalities, he can then be held liable for damages or liability if this culpable failure causes damage to the charter company. This applies in the event that the yacht is confiscated due to the fault of the charterer/shipper. If there is reason to suspect damage to the yacht in the underwater area, you must go to the nearest port and arrange for the inspection to be carried out by a diver, crane or slip-on at your own expense. In the event that the yacht is damaged in the underwater area for which the charterer/shipper is not responsible, the resulting costs will be reimbursed by the charter company.

Theft of the yacht or equipment must be reported to the nearest police or comparable security station.

No changes may be made to the yacht or its equipment unless this is absolutely necessary to repair damage.

Taking animals on board is only permitted with the consent of the charter company and in compliance with local laws.

The charterer may only accept towing assistance in extreme emergencies. Before taking over or handing over the towline, the salvage fee must be agreed, no higher than usual under international maritime law.

10. Return/Withdrawal:
Return on the agreed date at the agreed port is mandatory. In the event of culpable delay, the charter company is entitled to compensation amounting to twice the agreed daily charter fee for each day of delay. Weather-related difficulties do not affect the obligation to return on time.

If, for whatever reason, the return does not take place at the agreed port, the charter company must be notified in good time. The charterer undertakes to have the yacht appropriately guarded until the charter company can take over the yacht. The handover is only considered to have taken place properly when the yacht has been checked and handed over at the agreed return port, unless a new crew takes over on site and in the presence of the charter company. The charterer bears the costs arising from the non-contractual handover and also the costs and risks of any necessary repatriation of the yacht.

After returning, the charterer arranges an appointment with the charter company for an inspection of the yacht and the inventory. The yacht must be handed over in a thoroughly cleaned condition, fully fueled and with all consumables replaced.

Damages that occurred during the charter, including those that were supposed to have been present as hidden defects upon handover but only became known later, must be reported to the charter company without being asked. Damage, even if it was only noticed after handover and was concealed by the charterer, will be repaired at the charterer's expense.

11. Insurance:
The yacht is insured against liability against damage caused to third parties. (liability and compulsory insurance)

Comprehensive insurance covers, subject to an appropriate deductible, all damage caused by force majeure, but not damage caused intentionally or through gross negligence.

If the ship is damaged, the charterer is obliged to be liable in accordance with the existing conditions of the hull insurance, but only up to the amount of the deposit. In the event of gross negligence and/or loss of the ship or one or more pieces of equipment, the charterer will bear the costs up to the full amount of the deposit. Damage covered by the insurance policy that was not immediately reported to the insurer will not be recognized in accordance with the insurance conditions. In this case, the charterer himself is responsible for all damage caused due to missed or delayed registration. Damage to sails is not insured and the charterer bears the costs in all cases, unless the sails have worn out normally or were torn due to a broken mast. Likewise, a z. B. Engine damage caused by a lack of oil in the engine is not covered. The charterer is obliged to carry out daily engine oil checks.

12. Complaints:
Only written defects or complaints signed by both parties immediately after return and return of the ship will be accepted.

13. Place of jurisdiction:
In the event of disagreements or disputes, an amicable solution will be sought; otherwise, Austrian law applies.

bottom of page