Terms and Conditions - Mallorca | First Class Sailing

FAIRCHARTER
The International YACHT-POOL Terms and Conditions

including the individual special agreement of Yates Baleares Servicios Náuticos S.L.

I. Charter price

The charter price covers the charterer’s use of the yacht, including all equipment as per the inventory list and any additional equipment agreed in the contract, normal wear and tear, and the costs of repairing damage caused by material fatigue, support for the charterer, as well as general taxes, duties and fees payable at the port of departure and destination during the charter period, and the proportionate costs of the yacht’s third-party liability and comprehensive insurance.

Not included in the charter price are any fees for navigating waters, sailing areas or ports, mooring fees outside the port of departure or destination, and fees for clearance procedures, as well as the costs of operating fuels such as diesel or petrol.

Costs for final cleaning, gas, petrol for outboard motors, bed linen and towels may be included in the charter price; otherwise, these additional costs must be listed separately by the charter company and communicated to the charterer in good time before the start of the charter period.

II. Obligations of the Charter Company

The charter provider undertakes to the charterer:

To hand over the charter yacht, including all accessories, on the agreed date following full payment of the charter price, in a seaworthy condition and in a state of repair and technical condition appropriate to its age.

All prescribed maintenance intervals have been adhered to and must also cover the entire charter period. Particular attention must be paid to the maintenance records for lifesaving appliances and safety-related equipment such as (where available/required) life rafts, life jackets, distress signals, EPIRBs, fire extinguishers and the gas cooking system, as well as to the completeness and up-to-date status of nautical charts and navigational instruments.
The vessel’s papers, including all valid certificates, evidence, lists, operating manuals for the yacht and other documents required for sailing in the contractually agreed sea area, must be handed over to the charterer. The contractually agreed sea area in which the vessel is exclusively permitted to sail, as well as any time restrictions, must be defined clearly and without contradiction in these documents. The charterer must explicitly draw attention to any particular features that are not generally known or obvious. All documents must be available in English or in the charterer’s national language.
To rectify any damage or defects arising during the charter period, or any hidden defects discovered, in accordance with the terms of the contract (see Section V).
To reimburse downtime in accordance with the contract (see Section V).
To be contactable by telephone or radio for the charterer during the charter period, at least during normal office hours.

III. Obligations of the Charterer

The charterer has the following obligations towards the charter company:

To name all crew members before the start of the charter in accordance with the charterer’s specifications (drawing up a crew list).
To have the vessel ready for check-out at the agreed return location 1–2 hours before the time agreed with the charter company.
Not to extend the agreed charter period of their own accord without consulting the charter company.
To keep the yacht within a sufficient distance of the return port during the last 24 hours before the end of the charter to ensure timely arrival even in adverse conditions (bad weather). Weather conditions do not affect the obligation to return the yacht on time, unless there is a case of unforeseeable force majeure. If a delay in return is foreseeable, the charter company must be informed immediately.
The charter company must be notified immediately if the charter must be terminated at a location other than the agreed return point. In this case, it is the charterer’s responsibility to look after the vessel or to ensure that suitably qualified persons do so until the charter company can take delivery of the vessel. The charter shall only end upon the charter company taking delivery of the yacht. The charterer shall bear any additional necessary costs incurred by the charter company as a result of the alternative return location, unless this is due to unforeseeable force majeure, or the charter company itself requested the alternative return location, or the charter company is itself at fault for this circumstance through culpable conduct (e.g. due to hidden defects in the charter yacht).
To treat the charter yacht and its equipment with care, as if they were their own property, and in accordance with the principles of good seamanship.
Before the start of the charter, familiarise yourself with the yacht’s technical and all other equipment, follow the operating instructions provided on board, and obtain detailed information on the nautical, geographical and meteorological characteristics of the sailing area (tides, currents, changes in water levels during strong winds, downdrafts, jet effects, etc.).
Check the engine oil level and the bilges daily, and check the seawater cooling circuit after starting the engine. Any faults detected must be rectified immediately. The engine must not be operated without sufficient oil or without cooling, except in the event of an imminent danger to the vessel and/or crew, in order to prevent damage.

The charter provider must explain to the charterer any other maintenance measures that may be required during the charter period at the time of handover and provide the charterer with a prepared maintenance checklist.
To keep a written logbook on paper in a conscientious manner, in which the usual nautical entries, records of weather reports, all damage observed to the yacht and equipment, groundings and other special incidents (ropes caught in the propeller, etc.) must be recorded.
Navigate primarily using the available, up-to-date nautical chart and use electronic navigation aids only as a supplementary measure.
If available, keep a radio logbook and, where applicable, a customs and correspondence logbook conscientiously.
Report any grounding (even without visible damage) immediately and, if damage to the charter yacht is suspected, proceed immediately to the nearest port, arrange for an inspection by a diver and – after consultation with the charter company and on their instructions – arrange for the yacht to be craned or hauled out if necessary.
In the event of damage, carry out damage prevention and mitigation measures in accordance with good seamanship and fulfil reporting and cooperation obligations towards those involved, the authorities and insurance companies. Should the charter customer refuse to do so, they shall be fully liable for the damage incurred.
To take particular account of wind and weather conditions and to exercise particular caution when sailing at night.
Enter and leave ports under engine power only. Avoid running the engine whilst under sail; under no circumstances operate the engine whilst under sail if the heel exceeds 10 degrees.
Do not allow the voltage of any of the on-board batteries to fall below 12 volts. To ensure this, the batteries must be recharged in good time via the engine, any generator that may be fitted, or a shore power connection; where necessary, electrical appliances must be switched off. High-power consumers such as the anchor winch or bow thruster may only be operated if the battery voltage is simultaneously supported by the engine or any generator that may be fitted.
Moor only in harbours or berths where safe entry and exit, mooring and berthing for the planned period can be guaranteed.
Only board the charter yacht wearing suitable, clean and non-marking boat shoes.
Only provide towing assistance to others in an emergency; only allow the charter yacht to be towed in an emergency, using the yacht’s own lines and securing them only to cleats, winches or the mast base in such a way that the tow connection can be released even under tension (under no circumstances using a bowline knot); and do not enter into any agreements regarding towing and salvage costs, unless the person offering assistance would otherwise refuse to help.
To observe the legal provisions of the countries visited and to enquire in advance about any necessary licences or sailing authorisations.
Always clear in and out of ports in the correct manner and pay any mooring fees due in full.
Report any theft of the yacht or its accessories immediately to the nearest police station.
Report any liability claims immediately to the nearest harbour authority and obtain a copy of the report.
Do not transfer the charter yacht to third parties or sublet it.
Do not take on board more people than is permitted or agreed, and thus listed in the crew list.
Do not make any alterations to the vessel or its equipment, unless this is necessary to prevent imminent damage or has been agreed in advance with the charter company.
Not to carry any animals, undeclared dutiable goods or dangerous goods or substances, take part in regattas or use the yacht for commercial purposes (e.g. for training purposes, or the transport of goods or passengers) without the charterer’s prior written consent.
Do not leave the sheltered harbour or mooring if a recognised or generally accepted weather forecast predicts sustained wind speeds of 7 Bft or more for the period planned for the next leg in the relevant sea area.

Only if there is a clear risk that the vessel or crew may be endangered at the previously sheltered harbour or mooring due to unexpected changes in the weather may the nearest sheltered harbour or mooring be sought.
The contractually agreed sea area (see Section II 2) may only be left with the express consent of the charter company. The charter company has the right to further restrict this sea area, either geographically or temporally, in the event of uncertain or unusual navigational conditions (e.g. by imposing a ban on night-time sailing).
The charterer or skipper is responsible for the operation of the yacht and is liable to the charter company or insurer for any damage resulting from a failure to observe the required rules of conduct. Within the scope of this contract, the crew members are deemed to be vicarious agents of the charterer and/or skipper.

IV. Boating licences, certificates of competence

The charterer may either act as the skipper of the chartered yacht themselves, or appoint a crew member of their choice as skipper.

The skipper must provide the charter company with proof of possession of the relevant licences and certificates of competence required to operate the yacht throughout the entire contractual sea area. Furthermore, the charterer warrants that the skipper possesses all the necessary nautical, navigational and seafaring knowledge and experience to safely operate the chartered yacht, as specified in Section III, under sail and/or motor, whilst taking due account of his responsibility for the crew and equipment.

The charter company is entitled to assess the skipper’s ability to operate the vessel prior to handing over the charter yacht. To this end, it may, in advance upon conclusion of the contract, request evidence of the skipper’s previous experience as a skipper and may ask to see the licences or certificates of competence required for operating the yacht in the agreed boat class and sailing area.

In the event of a clear lack of suitability to safely operate the charter yacht and crew, the charter company may provide or arrange a skipper for the charterer at the charterer’s expense. If this is not possible or if the charterer does not agree to this, the charter company may refuse to hand over the yacht; in this case, the charter fee paid will only be refunded if the yacht is successfully re-chartered at the originally agreed charter price. If re-chartering is only possible at a lower price, the charter company is entitled to the corresponding difference.

V. Breaches of Contract (Charter Agreement)

1. Rights of the Charterer:

If the charter provider fails to make the charter yacht available no later than 4 hours after the contractually agreed time, the charterer is entitled to a pro rata reduction in the charter fee for the period of non-availability per day or part thereof. The same applies mutatis mutandis during the charter period in the event of damage or defects occurring, irrespective of whether the charter provider is at fault, unless these were culpably caused by the charterer themselves.

The charterer must accept a restriction on the use of the yacht of up to 4 hours per incident without entitlement to compensation. A restriction on use shall be deemed to exist from the point in time at which the charterer is significantly restricted in the use of the yacht due to a defect and/or a repair. A reasonable change to the planned itinerary (to enable a repair) and/or a repair carried out during the usual port layovers shall not constitute a restriction on use.

The charterer may also, at their discretion, withdraw from the contract with a full refund of the payments made if more than 24 hours have elapsed since the agreed handover date; this period is extended to 48 hours for charters of at least 10 days’ duration.

The charterer is entitled to provide a reasonable replacement yacht that equally meets the charterer’s needs and is objectively equivalent.

If it is already clear before the start of the charter that the vessel will not be available and ready for handover no later than 4 hours after the contractually agreed time, the charterer has the right to withdraw from the contract even before the start of the charter, with a full refund of the payments made.
In the event of any negative deviations in the condition of the charter yacht, its equipment or fittings from the contractually agreed condition (defects), the charterer is entitled to a reasonable reduction in the charter price; however, they may only withdraw from the contract if the charter yacht’s seaworthiness is thereby impaired or if correct navigation using standard navigational methods is objectively and significantly impeded, thereby causing a more than negligible increase in the risks to the safety of the vessel and crew.

The charterer may only assert a right to a reduction or to withdraw from the contract by means of a written declaration to the charter company. The declaration must be made immediately upon becoming aware of the defect and must also be recorded in the check-out report, stating the relevant grounds.
If the charterer is not responsible for the breach of contract, the charterer shall have no further claims against the charterer for indemnification in respect of consequential damages (e.g. travel and accommodation costs); in this case, however, the charterer shall assign to the charterer any claims for damages against third parties. The charterer must inform the charterer of such incidents and their possible consequences in full and without delay.

2. Rights of the charter company:

Late return: If, through the charterer’s fault, the yacht is not returned by no later than 2 hours after the time agreed with the charter company, the charter company may demand that the charterer pay a pro rata portion of the charter fee for each day or part thereof.

The charter company is entitled to claim compensation from the charterer for all financial losses incurred as a result (such as the costs of additional staff who must be booked or kept on standby, or the loss or partial loss of subsequent charters).
Alternative return location: If, through the charterer’s fault, the yacht is not returned to the agreed return location, the charter company may claim compensation from the charterer for all financial losses incurred as a result (such as the costs of taking delivery at another location or the costs of returning the yacht to the water or to land).
Weather conditions do not affect the charterer’s obligation to return the yacht in accordance with the contract, unless there is a case of unforeseeable force majeure (see also Section III.4). In the event of both a delayed return and a return to a different location, the charter company is obliged to minimise the financial loss as far as possible and to provide evidence to the charterer that the costs claimed have actually been incurred. The charterer may provide evidence that no loss, or only a lesser loss, has occurred.

VI. Cancellation Policy

If the charterer withdraws from the charter contract for reasons other than those specified in paragraphs V 1a) and 1b), the contractually agreed cancellation fees, calculated on the basis of the charter price alone, shall apply. No cancellation fees will be charged for services that are no longer required as a result of the cancellation of the charter, such as final cleaning, security deposit settlement, bed linen and special equipment.

If the charterer is unable to commence the charter, they must notify the charter company of this immediately in writing in a binding manner, with the date of receipt by the charter company being decisive. If a replacement charter can be arranged on the same terms, the charterer shall receive a refund of the payments made to date, less a processing fee as agreed in a separate arrangement. The charterer may only, with the charter company’s consent and written approval, provide a suitable replacement charterer to take over the contract.

In the event of a replacement charter at a reduced rate or for a shorter period, the respective difference in price, plus the administration fee, shall be payable by the charterer. If different ports of delivery and return or foreign ports have been contractually agreed, the compensation shall be increased by 20% in each case. Should the costs incurred not be settled on time, the charter company may withdraw from the contract and expressly reserves the right to assert further claims for damages due to breach of contract. In all other cases, the charter company is entitled to the contractually agreed charter price.

It is therefore expressly recommended that charter cancellation insurance be taken out, with specific cover for risks typical of charter agreements (e.g. the skipper’s unavailability leading to the cancellation of the entire trip).

VII. Terms of payment

Payment of the charter fee shall be made in instalments or as a lump sum, as agreed in the contract.

If the agreed payments are not made on time, the charter company is entitled, following a reminder that has gone unheeded, to withdraw from the charter contract and charter the yacht to another party.

The charterer shall be liable for any resulting losses. The contract shall come into effect once the charterer and the charter company have exchanged matching written or electronic declarations of intent.

Full payment of the charter fee to the charter company and the provision of the chartered yacht in accordance with the contract shall be confirmed to the charterer by the sending of an email as a “payment confirmation”.

Handover of the charter yacht

Handover of the charter yacht may only take place upon presentation to the charterer of the ‘on-board pass’ provided by the charter company. The charterer takes over the yacht at their own risk.

The charter company or its representative shall hand over the charter yacht to the charterer ready to sail and in otherwise perfect condition, cleaned inside and out, with the gas cylinder and spare cylinder connected, and the fuel tank full.

The condition of the vessel, all technical functions (in particular the sails, lights and engine) and the completeness of the accessories and inventory shall be checked in detail by both contracting parties during a briefing, using an equipment list and a checklist. The charterer undertakes to ensure that the yacht and its equipment comply with the requirements of the laws and regulations applicable in the agreed charter area.

When inspecting the navigation equipment and nautical aids such as nautical charts, manuals, compass, chart plotter, depth sounder, log and radio direction finder, despite careful and conscientious maintenance and inspection, malfunctions, inaccuracies and changes may occur. The charterer shall be reminded of their duty to cooperate by regularly checking the navigation equipment and nautical aids, including during the charter period. The charter company cannot accept any responsibility for the reliability and accuracy of electronic navigation aids.

The seaworthiness of the charter yacht and its equipment shall subsequently be confirmed by both parties by means of a binding signature prior to handover. After this point, no objections may be successfully raised. This shall not apply if and to the extent that hidden defects were present at the time of handover, even if the charter provider is not at fault in this regard.

The charterer may only refuse to take delivery of the yacht if its seaworthiness is significantly impaired; this does not apply in the case of merely minor deviations or defects. The charterer’s right to a reduction in the charter fee (see paragraph V 1) remains unaffected by this in principle.

Upon taking delivery of the yacht, proof must be provided together with the vessel’s documents (see paragraph II 2) that the yacht is insured in accordance with the charter agreement and that the premium has been paid.

VIII. Return of the charter yacht

The charterer shall hand over the charter yacht to the charter company or its authorised representative in a ready-to-sail condition, stowed in accordance with the checklist, cleaned inside and out (swept clean with empty waste tanks and free of rubbish – unless otherwise agreed), with the gas cylinder connected and a spare cylinder provided, and with a full fuel tank.

The charter company is entitled to replace any consumables that have been used up and not replenished (e.g. fuel) at the charterer’s expense and to calculate the costs on a flat-rate basis.

If the charterer fails to return the charter yacht within 2 hours of the contractual time, a flat-rate charge of 150 euros will be levied. This does not affect any further claims for compensation.

Both parties shall jointly inspect the condition of the vessel and the completeness of the equipment. Should the charterer suspect any damage to the yacht, they must notify the charter company immediately and report any lost, damaged or non-functional items of equipment upon return.

The charterer and the charter company shall draw up a list of defects and losses and then, on the basis of this list and the checklist, draw up a report which shall be binding once signed by both parties.

If the charter company refuses to draw up a handover report or fails to carry out the handover by no later than 2 hours after the contractually agreed return time, the yacht shall be deemed to have been handed over in good condition. After this time, no further objections may be successfully raised.

In particular, the charter company is not entitled to withhold the security deposit for damage discovered at a later date. This shall not apply if and to the extent that hidden defects were present at the time of return, for which the charterer is responsible as a result of wilful misconduct or gross negligence, or if the charterer refuses to sign a correct handover report.

The nature, extent and cost of any damage which can or is to be rectified only at a later date and, where applicable, after further use of the charter yacht, must be precisely documented and shall be binding on both parties.

IX. Damage

The charterer must immediately notify the charter company of any damage of any kind and its consequences, collisions, accidents, loss of manoeuvrability, operational faults, the yacht being seized by the authorities or any other special incidents. In the event of damage, the charterer must be contactable by radio or telephone to receive instructions or answer questions.

The charterer may have damage resulting from normal wear and tear or material fatigue repaired up to an amount of €150 without prior consultation and shall be reimbursed by the charter provider for the sums incurred upon presentation of a receipt.

In the case of expenses exceeding this amount, the charterer shall, except in emergencies or where there is imminent danger, inform the charter company and, in consultation with the latter, commission repairs, document and supervise them, and, if necessary, advance the costs.

Replaced parts must be retained. The charterer must take all necessary steps to minimise the damage and its consequences (e.g. loss of use).

If damage cannot be repaired at the current mooring, the charterer is obliged, upon request by the charter company, to proceed to another reasonable port or mooring to carry out the repair, or to return early (if possible 24 hours before handover) to the contractually agreed return point of the yacht, provided this is reasonable and practicable under the circumstances.

The charterer’s right to a reduction in the charter fee (see paragraph V 1) remains, in principle, unaffected by this.

X. Liability of the Charterer

The charterer shall be liable for all damage caused culpably by him or his crew to third parties as well as to the charter yacht, its equipment or accessories, in particular for such damage attributable to incorrect operation or inadequate maintenance (if and insofar as this is the charterer’s responsibility) of the on-board machinery.

In the event of force majeure, the charterer shall only be liable if and to the extent that the risk has been culpably increased by the skipper and/or crew (e.g. setting sail whilst a storm warning is in force).

The costs of repairing damage to the chartered yacht or to equipment caused through the fault of the charterer or the crew shall be borne by the charterer only up to the amount of their security deposit (see XIV).

In the event of wilful misconduct or gross negligence, the charterer shall also be liable for any claims made by the comprehensive insurer (recourse).

If and to the extent that the charterer is at fault, they shall also be liable for all consequential and loss of use damages (e.g. in the event of seizure), in accordance with the statutory provisions of the respective country.

In the latter two cases, the charterer’s liability is not limited to the amount of the security deposit and may even exceed the value of the charter yacht due

TERMS AND CONDITIONS - MALLORCA