Bemex Marine d.o.o., by itself or authorized by a contract with the boat owner (hereinafter referred to as the ‘Boat Lessor’), makes the boat available to the client (hereinafter referred to as the ‘Charterer’) for a specified period of time (hereinafter referred to as the ‘Charter’). These charter Terms and Conditions shall always apply together with the contract made by and between the Boat Lessor and the Charterer, even if the Charterer contracts with the Boat Lessor as a proxy for another person.
The Charterer shall provide a proof of their qualification and license to handle the vessel as well as a qualification to operate a marine radio and shall maintain their license until the end of the Charter and handover of the vessel. The Charterer shall navigate the boat exclusively by themselves; only with the express consent of the Charterer may the boat be navigated by another person who is simultaneously present on the boat and is identically qualified and licensed to navigate the boat. The Charterer shall be liable for any and all damage to the boat due to improper boat navigation by such a person. The Charterer shall ensure and shall not permit the boat to be used for any carriage of persons other than those specified in the relevant permit or of cargo for any commercial purpose, whether or not any consideration in cash or in kind or any other advantage is granted or promised to the Charterer for allowing the presence on board of articles not bonded or prohibited.The Charterer shall take all reasonable care of the boat, its equipment and the goods on board during the term of the Charter until the boat is returned to the Boat Lessor. The Charterer shall at all times and under any circumstances use and navigate the boat in a careful, prudent and responsible manner in accordance with the applicable rules and laws as well as maritime customs and usages and shall observe all prescribed statutory permits and regulations.The Charterer shall ensure that the boat, its equipment and the things on board are cared for to the same extent by the crew of the boat and shall instruct each person on board accordingly. The Charterer shall return the boat in the condition in which it was taken over, free of damage, defects and in working order, with all the equipment and things that were on board when the Charter started, and do so at the time and place specified in the contract.
The Charterer may not participate in any competition with the chartered boat unless this has been approved in writing by the Boat Lessor.
The Boat Lessor shall duly and timely deliver the boat as specified in the contract. If the Boat Lessor fails to do so, either through their own fault or otherwise, or if the Boat Lessor is for any other reasons unable to make the ordered boat or any other replacement boat available within 24 hours of the agreed start of the Charter, the Charterer may rescind the contract unless the delay is due to unforeseen or unforeseeable events or force majeure. In such a case, once the contract has been effectively rescinded, the Boat Lessor shall refund to the Charterer any and all payments received for the Charter. Any other refunds (such as costs of travel, accommodation, insurance, etc.) are excluded. If any parts of the boat equipment were damaged or lost during the previous charter and if the Boat Lessor is unable to replace them, and also if the boat or its parts and requisite accessories were damaged due to unforeseen or unforeseeable events, such as natural disasters, the Charterer shall not have the right to rescind the contract or demand a discount unless the damage or loss of the boat equipment seriously and to a significant extent reduces the navigability and safety of the boat.
The Charterer shall take over the boat fully fueled and test, verify and inspect, together with the Boat Lessor’s base personnel, the external and internal condition of the boat and the full working order and completeness of the engines and moving parts, components and accessories, including any other boat equipment according to its inventory list, check the quantities and condition of the items intended for the stay on the boat and confirm the inventory list with their signature. The inventory list confirmation shall be deemed to be a proof of acceptance of the boat without defects by the Charterer and shall also be deemed to be a confirmation of the perfect, fully operational and complete condition of the boat at the time when the boat leaves the marina and that all boat systems and equipment have been tested and found to be in full working order. By accepting the boat, the Charterer assumes liability for the lives and health of the persons on board and for any potential damage to the boat and its equipment, as well as for any loss of or damage to the things on board until the boat is returned.
The boat shall be deemed duly returned by the Charterer if it is handed back to the Boat Lessor in the condition in which it was accepted, without defects and damage, with the things that were on the boat at the place of its acceptance by the Charterer and with a fully filled fuel tank, and when the condition of the returned boat has been confirmed in a handover protocol by the base personnel after compensation has been paid by the Charterer to the Boat Lessor for damage, if any, to the boat, its parts and accessories, boat equipment and for any missing and damaged items not covered by the contractual insurance and/or insurance required by law. The Charterer is obliged to demand confirmation of the handover protocol and of any deficiencies, damage to the boat interior and exterior and missing or lost parts, components, accessories and equipment of the boat and things on the inventory list, otherwise the Charterer shall bear all risks and be held liable for any and all consequences arising from the condition subsequently established. If the Charterer delays in returning the boat, whether due to their own fault or force majeure, they shall be liable for any damage resulting from the late returning of the boat. Likewise, if the Charterer leaves the boat at a different location than agreed, they shall bear all the costs of boat repatriation; the consequences of a missing confirmation of the handover protocol shall apply analogously.
Extension of the Charter term is only possible with the express consent of the Boat Lessor.
In the event of accidents, collisions or other similar events not listed herein, the Charterer shall have the following obligations:
If a deficiency is found or if any malfunction occurs, the Charterer shall return the boat to the marina immediately and give the Boat Lessor’s team of specialists an opportunity to rectify the deficiency.
If a deficiency is found or if any malfunction occurs, the Charterer may carry out repairs or have repairs performed outside the base only with the Boat Lessor’s consent. This does not apply to ordinary operational and material damage up to EUR 100, which the Charterer may have repaired without the Boat Lessor’s consent. However, if the Charterer does not hand over the replaced parts to the Boat Lessor, they will lose the right to compensation for the repairs carried out.
In the event of any damage to the boat or to the health of persons on board or harm to third parties or to the property of third parties, the Charterer shall compile an accurate protocol, which shall include in particular the time of the incident, its exact location, reason for the damage, identification of the persons involved, a detailed description of the incident or condition and a description of the damage; the Charterer shall ensure that the protocol and the facts recorded therein be confirmed by the public authorities of the relevant country (harbour master, doctor, accident commissioner, etc.) or, if this is not possible, at least by competent and identifiable impartial persons if they can be reached in any w
In case of loss of any part, accessory or equipment of the boat or any inventory item, the Charterer shall always make an entry in the protocol and include the same entry in the handover protocol when returning the boat.
The Charterer shall at all times and under any circumstances inform the Boat Lessor without delay of any emergency, seizure of the boat by any authorities or of any other threat to the boat and act in accordance with the Boat Lessor’s instructions.
The Charterer shall in cases of special events and other unusual occurrences act in such a manner so as to minimize damage to the boat and any other assets at all times, even if there is a risk of damage from delays.
The Charterer shall always request the Boat Lessor’s consent if it is necessary to seek third-party assistance; however, if the required third-party assistance cannot be delayed, the Charterer may accept it without the Boat Lessor’s consent only after negotiating the most favourable conditions. If the necessary third-party assistance also includes unavoidable towing and the Boat Lessor cannot be informed of this course of events, the Charterer may not use someone else’s rigging and shall in all circumstances use their own rigging.
If the Boat Lessor’s suffers a loss due to damage to the boat, its accessories and/or components, boat equipment and/or any items on the boat as a result of a breach by the Charterer or their boat crew of their obligations or of the Charter Terms and Conditions or due to loss, negligence and/or vandalism by the aforementioned persons or negligent conduct and vandalism by any other person, the Charterer shall compensate the damage at the latest upon returning the boat. The Charterer shall also compensate such damage even if a surcharge to the Charter hire has been agreed for non-payment of the security deposit. If the Charterer cannot continue their voyage due to defects and damage that have occurred after boat acceptance under the Charter, the Charterer will not be entitled to any compensation from the Boat Lessor unless these can be attributed to force majeure or the fault of a third party. If the voyage is interrupted for a time necessary to rectify the faults or defects discovered at the time of acceptance, the Charterer shall be entitled to a pro-rata refund of the Charter hire for those days during which the Charterer cannot use the boat. Any other related compensation (such as travel or accommodation costs, pain and suffering, loss of earnings, etc.) is excluded.
The Charterer undertakes to pay the Boat Lessor the agreed hire for the Charter within the agreed term. If the payment is not made by the Charterer even after a reminder is sent to the address given by the Charterer, the Boat Lessor may cancel the contract and is entitled, upon such Charter cancellation, to a lump sum compensation of 50% of the agreed Charter hire. If the Charterer is unable to complete their voayage, they shall inform the Boat Lessor without delay. In case of cancellation more than 2 months before the agreed date of boat delivery, the Charterer is obliged to pay 50% of the Charter hire, in case of cancellation less than 2 months before the agreed date of boat delivery, the Charterer is obliged to pay 100% of the Charter hire defined in the contract. If the Boat Lessor succeeds at concluding a charter contract with another charterer, the payments made, less any discount granted to the new charterer and any costs and processing fees incurred, defined at 5% of the Charter hire, shall be refunded.
The security deposit agreed in the contract is a guarantee of coverage for the Charterer’s insurance deductible for any potential losses and damage to the boat from the moment of its acceptance by the Charterer until its handover back to the Boat Lessor. The parties have agreed that the security deposit paid by the Charterer may be used by the Boat Lessor to pay for damage and may also be set off against claims for unpaid Charter hire and/or contractual penalties and/or liquidated damages. In lieu of making the security deposit, the Charterer may, with the Boat Lessor’s consent, pay a non-refundable surcharge on the Charter hire for non-payment of the security deposit, defined at 10% of the amount of the security deposit. The security deposit must be paid by the time of boat delivery. If the security deposit or the surcharge on Charter hire for non-payment of the security deposit is not paid, the Boat Lessor is not obliged to hand over the boat to the Charterer.
Any other arrangements or amendments to these Charter Terms and Conditions shall be valid and effective only if agreed upon in writing.