TERMS & CONDITIONS Boat charter/water taxi

Transcription

1 TERMS & CONDITIONS Boat charter/water taxi 1 Preamble YACHTSPORT RESORT has its own fleet of motorboats and sailboats with various utilisation concepts. The technical data and equipment of the individual boats are published on the YACHTSPORT RESORT SA website. The charter guest (hereafter Charterer) has the option of paying for YACHTSPORT RESORT SA services different from those related to the boat charter. The overall concept consisting of hotel, Gourmet Bistro, bar and marina, coupled with seminar and banquet rooms as well as outdoor terraces gives the Charterer many opportunities to just that. 2 Scope These Terms & Conditions (hereafter T&C) apply to contracts for the chartering of boats that are the property or in possession of YACHTSPORT RESORT SA. In the chartering of third-party boats YACHTSPORT RESORT SA acts solely as an intermediary and in such a case the T&C of the respective chartering company apply. Further or sub-chartering of the boats requires the prior written consent from YACHTSPORT RESORT SA. The terms and conditions of the organiser apply only if expressly agreed in advance. 3 Charter reservation (confirmation) The reservation of a charter boat can be done by telephone, in writing or by . Each reservation will be confirmed in writing by YACHTSPORT RESORT. This confirmation is to be signed and returned. A reservation is not final until the reservation confirmation is countersigned. The reservation must also be guaranteed by means of credit card prior to or during check-in. 4 Persons who may hire a boat Chartering is only done to people who have the required operating licences and who can verify additional experience with respect to the type of boat or are acknowledged as experienced by YACHTSPORT RESORT SA. Lack of verification of experience can be substituted by a boat orientation on site. No boats will be chartered to minors. Page 1 of 11

2 5 Price information and price changes The prices (charter rates and deposit) specified on the reservation confirmation apply at the time of reservation. The charter rate includes the use of the completely equipped boat, boat insurance going beyond the contractually stipulated deposit and personal insurance for the crew. Fuel is also included in the price if it is mentioned on the reservation confirmation. Any other everyday objects, fees for any board service by YACHTSPORT RESORT SA, marina fees and other services are not included in the charter rate. Navigation charts, navigation tools and personal sport equipment (e.g. clothing, trapeze harness, etc.) are also not within the scope of services. Should charges for certain services be increased (e.g. fuel, berth spaces, boat operation and maintenance), YACHTSPORT RESORT SA reserves the right to change the prices quoted and confirmed by the booking to the extent they effect the booking price, provided that more than 4 months lie between contract conclusion and the agreed booking date. In the case of a subsequent change of the booking price or a change to an essential service the affected Charterer will be promptly notified of this. No price increases are permitted after the 20th day prior to the beginning of the booking period. For price increases of more than 5% or should a substantial change be made to a service the Charterer is entitled to withdraw from the contract with no fees attached. The Charterer must promptly assert this right following notification by YACHTSPORT RESORT SA of the price increase or change to service. 6 Terms of payment (charter rates) The Charterer will receive an invoice for the booked services along with the written confirmation. With the reservation confirmation 30% of the charter rate falls due, the remaining 70% is to be paid at the latest when accepting the charter boat. Payments are to be made in full strictly net. Bank transfers are to be made to the account listed below. Specify the customer and reservation numbers and the charter period along with all payments. Banca Raiffeisen Brissago CCP CB Acct. number: IBAN CH Only after the full invoice amount is credited to the account of YACHTSPORT RESORT SA does entitlement to accept the boat exist. There is no entitlement to a refund of the fees paid for delays or failure to accept the boat. The final invoice will be issued in the presence of a YACHTSPORT RESORT SA representative after the boat is returned to the marina. Page 2 of 11

3 For late payment YACHTSPORT RESORT SA is entitled to charge default interest at the official rate of currently 8% or, in case of legal transactions that involve a customer, the amount of 5% above the base lending rate. YACHTSPORT RESORT SA reserves the right to claim higher damages. The Charterer may offset or reduce a claim by YACHTSPORT RESORT SA only against an undisputed claim or one that has been adjudicated finally and absolutely. 7 Withdrawal by the Charterer If a Charterer wishes to cancel the charter agreement he must do so in writing. Up to 42 days before the charter period Up to 29 days before the charter period Up to 14 days before the charter period afterwards cancellation is free of charge 30% of the charter rate is due 60% of the charter rate is due 80% of the charter rate is due Any deposit already paid will be fully refunded to the Charterer upon withdrawal from the charter agreement. It is possible to name a replacement (see Contract transfer). For a serious illness (verified by a doctor s certificate) the booking date can be changed to the next possible date provided that the invoice amount has been paid by the original due date. 8 Contract transfer Up to the beginning of the charter period the Charterer may request that another person take his place and assume the rights and responsibilities of the contract. YACHTSPORT RESORT SA may decline to accept a replacement, if he should not satisfy the special personal and nautical requirements or his participation would be contrary to legal provisions or official orders. If a third party enters into the contract, he and the original Charterer are jointly liable to YACHTSPORT RESORT SA for the agreed charter rate. 9 Deposit A deposit which varies depending on the type of boat is demanded upon chartering boats. The Charterer agrees to pay the deposit specified in the Charter agreement in full prior to accepting the boat. If the boat is chartered with a YACHTSPORT RESORT SA skipper, no payment of a deposit is required. Any deposits paid by the Charterer will be refunded at the end of the charter period. The following will be deducted from the paid deposit: - Costs to the amount of replacement expenses for lost, damaged or no longer functional fixed or loose items of equipment (or other inventory items), arising due to the fault of the Charterer or his crew (through carelessness or negligent conduct). Page 3 of 11

4 - Costs for the rectification of damage to the charter boat or marina facilities for which the Charterer is responsible, if these are not covered by insurance (deductible). - Costs for additional charter time, for both non-punctual return of the boat and an agreed extension of the charter period. - Costs for the transport of the charter boat if it is not returned to the agreed place. - Costs for filling up the charter boat if fuel consumption is not included in the charter rate. - Costs for cleaning the boat if not returned in clean condition as specified in the contract. - Costs for recovering the boat if confiscated by the authorities due to illegal activities on the part of the Charterer (or due to the operator of the boat he employed). If no deposit is collected the aforementioned costs may be separately invoiced to the Charterer. 10 Withdrawal and cancellation by YACHTSPORT RESORT SA YACHTSPORT RESORT SA is entitled to withdraw from the contract prior to the beginning of the charter period, if jeopardised or made impossible to conduct due to circumstances unforeseen at the conclusion of the contract. In particular, such circumstances may be lack of availability of the intended boat or of a suitable substitute boat, new official/institutional regulations, a general shortage of fuel, war, civil unrest, strikes, orders of sovereignty, epidemics, natural disasters (e.g. flood) or similar serious occurrences. Cancellation for one of these reasons must occur at least 2 weeks prior to the start of the charter period. Should YACHTSPORT RESORT SA cancel for one of the aforementioned reasons the Charterer will be refunded payments already made. Any claims against YACHTSPORT RESORT SA going beyond this, for whatever reason under the law, are excluded. Should the Charterer infringe against the rules of good seamanship and continue to endanger people or the boat without heeding a warning from YACHTSPORT RESORT SA or behave to such a degree contrary to the contract that the immediate termination of the contract is justified, YACHTSPORT RESORT SA may immediately terminate the contract at no prior notice. Should YACHTSPORT RESORT SA terminate, YACHTSPORT RESORT SA retains claim to the agreed price, minus the value of any costs saved. 11 Acceptance of the boat YACHTSPORT RESORT SA agrees to deliver the boat to the Charterer in clean condition, completely equipped and with a full tank. The Charterer agrees to closely inspect the condition of the boat for the completeness of equipment and inventory items by means of a checklist and to confirm this by signature. Subsequent objections Page 4 of 11

5 regarding the suitability of the boat and equipment do not entitle the Charterer to demand a reduced charter rate. 12 Boat documentation Upon accepting the boat the Charterer will also be given the valid charter papers (boat licence, certificate of insurance, emissions document) that he must handle carefully during the charter period. The charter papers also include information about the boat s equipment. This equipment may not be changed by the Charterer. When returning the boat the charter papers must be returned in full to YACHTSPORT RESORT SA. 13 Extension of the charter period Should the Charterer wish to extend the charter period he must contact YACHTSPORT RESORT SA in good time in order to obtain written consent for the extension and to set the new return date and, if necessary, return marina. Should an extension of the charter period not be possible the return date set in the charter agreement applies. 14 Returning the boat The return marina is the Alla Ressiga yacht marina in Brissago, if not expressly agreed otherwise. The Charterer agrees to return the charter boat to YACHTSPORT RESORT SA at the time and place agreed in the charter agreement. The charter boat must be in clean and undamaged condition upon return. If not otherwise agreed in the charter agreement, the boat must be returned with a full tank. For late return the Charterer will be invoiced at double the daily charter rate for each full or partial day. For return to the wrong location the Charterer will bear the costs for transport to the home marina. See Deposit for more info. If the reason for late return is force majure (e.g. due to an unforeseen storm) no costs for additional charter rates will be charged to the Charterer provided that he promptly informs YACHTSPORT RESORT SA. Upon return of the charter boat YACHTSPORT RESORT SA must immediately inspect the boat for integrity and the completeness of equipment in the presence of the Charterer. Except in the case of hidden defects YACHTSPORT RESORT may not make a claim for damages or missing items from the Charterer that are not put down in writing during the official return of the boat. 15 Obligations of the Charterer The Charterer agrees to abide by the following provisions: - If the boat is chartered without a skipper from YACHTSPORT RESORT SA, the Charterer agrees to either possess a valid boat operating licence and to take it along or to leave the operation of the boat to a crew member who is in possession of a valid boat operating licence and takes it along with him. In such a case the name of Page 5 of 11

6 the skipper must be given to YACHTSPORT RESORT SA prior to chartering the boat and a copy of his valid boat operating licence must be submitted. - The use of the charter boat is restricted to the Swiss and Italian lake basin of Lake Maggiore. Use outside this lake basin (on adjoining rivers or on other waters) is prohibited. - The Charterer (or the skipper he assigns) bears the responsibility for compliance with all legal stipulations (including navigation rules and customs laws) of the affected sovereign territory, the rules of good seamanship and the guidelines in the boat papers (e.g. the maximum number of passengers) while using the boat. - The Charterer (or the skipper he assigns) bears the responsibility for the careful handling and operation of loose and fixed items of equipment. - The Charterer is prohibited from chartering or lending the charter boat to a third person. - The charter boat may not take part in a racing competition if not expressly agreed by YACHTSPORT RESORT SA. - The charter boat may not be used for commercial purposes, e.g. for taxi trips, sailing courses, photo sessions if not expressly agreed by YACHTSPORT RESORT SA. - The charter boat may not be used for the purpose of catching fish (angling, fishing) if not expressly agreed by YACHTSPORT RESORT SA. - No pets may be carried aboard the charter boat unless expressly agreed by YACHTSPORT RESORT SA. - The Charterer agrees to properly maintain the log book (provided one exists for this boat). - For a charter period of more than one day the Charterer agrees to check the oil level in the motor and, for a boat with one or more inboard motors, bilge water for oil residues. The Charterer bears the responsibility for any (environmental) damage caused by oil leakage. YACHTSPORT RESORT explicitly refers to the laws and regulatory statutes of the Swiss Federation and the canton regarding navigation and the safety of boat and crew that the Charterer (or the skipper he assigns) must comply with. This also applies to regional circumstances and legal provisions that the Charterer (or the skipper he assigns) must inform himself of prior to beginning the trip. Additionally, the MARINA RULES and the rules of good seamanship must also be complied with. YACHTSPORT RESORT SA also requires that the Charterer comply with the following principles: - A suitable life jacket must be taken along for each person on board. The Charterer (or the skipper he assigns) is responsible for checking this and indicating to YACHTSPORT RESORT SA if additional life jackets are needed. They will then provide the required life jackets free of charge. - The motor must be switched off while people are swimming. The motor may never be started if any person is still in the water near the boat. This also applies to dropping off and picking up water-skiers. Page 6 of 11

7 - While taking a swimming break at least on person must remain on board. This person should watch out for other boats and the well-being of the swimmers (also see: Bathing rules). - Passengers on board must be warned prior to acceleration or braking. The same applies to travelling through high waves. This is to prevent people from falling overboard. - When anchoring the charter boat may never remain unattended for an extended period; travelling onto the beach is strictly prohibited. - When sailing the crew should explicitly be made aware of the danger posed by the bow should it overturn. - It is the skipper s task to reduce the sail area (by reefing or taking in the head sail) if an increase in wind is expected. 16 Wrecks; grounding and other types of damage The Charterer agrees to immediately inform YACHTSPORT RESORT SA of all wrecks, grounding or damage and functional failures for any reason whatsoever. In case of accident and/or average the Charterer additionally agrees to put down the events in writing (in the log book) and to apply for a written certificate from the harbour master s office (or harbour police), from a doctor or from another authorised person and to send a copy of this to YACHTSPORT RESORT. The same applies to theft of the boat. YACHTSPORT RESORT SA will then decide whether the cruise with the charter boat can be continued. They are authorised to require the Charterer to leave the charter boat at a marina for appraisal or repair and no longer put out to water. Should the Charterer conceal the incident or continue using the boat contrary to the decision of YACHTSPORT RESORT SA, he bears the sole responsibility for all subsequent damage incurred. YACHTSPORT RESORT will immediately perform an appraisal upon report of a wreck, grounding or damage and may endeavour to repair the charter boat, replace parts, etc. as quickly as possible to return it into a usable and safe condition. If the incurred wreck or damage is the fault of the Charterer he will be charged for the costs of the inspection as well as repairs or part replacements. In such a case the Charterer will receive complete transparency over the surveyor s report and the costs incurred for rectifying the damage. The Charterer is not authorised to attempt to rectify or repair wrecks or damage on his own or have them performed by a third party without the knowledge of YACHTSPORT RESORT SA. For unauthorised replacement of parts or unauthorised repair the costs for restoring the boat to the original condition at the beginning of the charter agreement will be charged to the Charterer. 17 Loss, theft, confiscation YACHSPORT RESORT SA is also to be immediately informed if the boat sinks, inexplicably disappears or may no longer be operated due to an injunction by the police or a court order or the like. In such cases the Charterer may neither claim a Page 7 of 11

8 reduction of the charter rate nor make any other claims against YACHTSPORT RESORT SA. 18 Responsibility of YACHTSPORT RESORT SA YACHTSPORT RESORT SA is responsible for delivering the charter boat in good order and condition, with complete equipment, a full tank and clean to the Charterer and instructing him in the handling of the boat during delivery. Should during delivery of the charter boat or during the charter period the Charterer report damage that restricts the use and safety of the charter boat, YACHTSPORT RESORT SA agrees to arrange the immediate rectification of this damage. Should the Charterer be unable to use the charter boat in the contractually agreed charter period for reasons that YACHTSPORT RESORT SA is responsible for, he is entitled to proportionally reduce the charter rate for the lost time, unless YACHTSPORT RESORT is able to provide the Charterer an equivalent or better boat at the same charter rate (and the same amount of deposit) for the affected charter period. The Charterer may not assert any claims for lost charter periods going beyond this against YACHTSPORT RESORT SA. 19 Liability, insurance cover The Charterer is liable for damages caused wilfully or by negligence. Liability insurance exists via YACHTSPORT RESORT SA. The boat, equipment and the crew are insured against all cases of damage or injury and loss beyond the amount of deductible depending on the type of boat. YACHTSPORT RESORT SA is only liable to the Charterer and his crew within the scope of benefits of its own insurance. Notwithstanding this, the Charterer agrees to compensate YACHTSPORT RESORT SA for all costs not covered by insurance which have been incurred through his deeds and inattention. Any claims for damages (in as much as they are not bodily injuries) on the part of the Charterer for whatever reason under the law are limited in amount to twice the charter rate, unless they are based on intent or gross negligence on the part of YACHTSPORT RESORT SA or their employees. The statute of limitations in this case is six months and begins with the incident the claim is based on. Enforcing claims by legal action is only permitted after a written conciliation proposal from the management of YACHTSPORT RESORT SA is declined by the Charterer. Swiss law applies to the assertion of claims. Despite the greatest possible safety precautions from the use of charter boats and associated sport activities not all risks can be excluded. It is thus recommended that each party take out accident insurance. This is not included in YACHTSPORT RESORT SA s scope of services. The arrival and departure to/from the charter boat is in any case a matter of the Charterer and lies outside the services and the responsibilities of YACHTSPORT RESORT SA. Page 8 of 11

9 Money and valuables (personal effects) may be left at reception for safekeeping during the charter period and will be stored in the valuables safe; They are then insured to an appropriate degree against fire and theft. Apart from that, no insurance cover exists for money and valuables on the premises and in the rooms of YACHTSPORT RESORT SA, in parked cars and on board the boats. YACHTSPORT RESORT SA is thus not liable for damages to or the loss of items in possession of the Charterer and associates. In such cases the Charterer agrees to refrain from asserting claims for damages from YACHTSPORT RESORT SA. 20 Clothing The Charterer is responsible for his personal clothing and that of his crew. They are not provided by YACHTSPORT RESORT SA. YACHTSPORT RESORT SA may not be held responsible for bodily injury or material damage caused by improper clothing or by improperly or properly worn life jackets, trapeze harnesses, etc. For this reason it is asked that only deck shoes with light-coloured soles be worn aboard charter boats. 21 Smoking Smoking on board is prohibited, both above and below deck. 22 Identification, documents Primarily due to the close proximity of Italian borders to the lake area in front of YACHTSPORT RESORT and possible inspections by customs authorities, valid identification or a passport must be carried by all crew members on board during charter boat trips. This also applies to the proscribed nautical certificates of the skipper. We also recommend that all passengers take along a health insurance card (including confirmation of travel abroad). 23 Special rules and regulations Should the Charterer take advantage of additional services from YACHTSPORT RESORT SA s other areas of business, their respective T&C shall apply. The Bathing rules and Marina rules also apply. 24 Ancillary agreements, place of performance, jurisdiction Ancillary agreements not made in writing shall not apply. The place of performance for all claims ensuing from the contractual relationship are the respective confirmed event locations. The jurisdiction for all contract-related disputes is the location of YACHTSPORT RESORT SA. This shall apply regardless of place of performance, if not otherwise governed by law. Swiss law shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply. Should individual provisions of these T&C become invalid or void, the validity of the remaining provisions shall remain unaffected. In all other matters the provisions of the law shall apply. Page 9 of 11

10 Additional T&C for water taxi trips 25 Preamble A water taxi trip is understood as the transport of one or more persons using the boat to be taken from a starting point to a different destination. A water taxi trip begins at the time the passenger or passengers board the boat. The destination is defined prior to commencement of the trip (binding for the fare) and is travelled to directly. Any outward or return trips as well as stays are to be agreed with the skipper prior to commencement of the tip. No reservation is required for a water taxi trip. If a reservation is desired it can be guaranteed via a credit card. 26 Transport fare The fare due for the agreed trip is to be paid in full in cash to the skipper prior to commencement of the trip. Fees for waiting periods incurred during the trip are also to be paid in cash to the skipper at the end of the trip. All fares include VAT and other expenses. Should charges for certain services (e.g. marina, buoy fees and the like) or operating expenses (fuel costs, boat operation and maintenance, insurance premiums, personnel costs and the like) be increased YACHTSPORT RESORT SA reserves the right to adjust published fares. 27 Instructions from the skipper Instructions from the skipper are to be followed. Should the skipper request it, all people on board must put on a life jacket. YACHTSPORT RESORT SA will ensure that a sufficient number of properly maintained life jackets are present on board. The skipper may refuse a passenger from boarding the boat if he is wearing improper footwear and there is thus a risk of injury, he is accompanied by an animal or he has apparent physical limitation that could endanger transport. 28 Failure to appear or interrupting the trip Should a passenger who has reserved a trip fail to appear for it his obligation to pay YACHTSPORT RESORT SA for it still remains. Should a passenger for whatever reason interrupt a trip after the trip commences YACHTSPORT RESORT SA will retain the fare paid and is entitled to charge the passenger for any additional costs incurred should there be a great distance caused by interrupting the trip. Page 10 of 11

11 The skipper may refuse to commence a trip or interrupt a trip if a passenger does not follow his instructions and thus becomes a danger to himself or others. Nevertheless the passenger still has the obligation to pay for the reserved or already rendered service. Should nautical conditions (weather developments) require the cancellation or interruption of a trip the passenger will only pay for the services already rendered, but not the full fare. The passenger may not assert any claims going beyond this. The decision to interrupt a trip is the sole responsibility of the skipper. Delays in commencing reserved trips that are caused by the passenger will be charged to him at the rates for waiting periods. Brissago, 22nd April 2010 Page 11 of 11