General Terms & Conditions for all boat rentals
Contractual partners for all business are „Arthur Thueringer e.U. / Sail Support Service“ (short SSS) and the Charterer as mentioned in the invoice / contract. SSS is the Owner or Representative of the Owner (Agent) of the vessel chartered by the Charterer or a person authorised by the latter.
The charter fee encompasses the use of the vessel and its inventory during the agreed charter periode. Included in the charter fee is the delivery and the pickup of the boat to/from the agreed harbor of handover. Also included is a standard third-party liability insurance with coverage 1.5 Mio (onepointfive million) Euro and a comprehensive cover insurance with a deductable of 750 (sevenhundredfifty) Euro. Obvious mistakes in calculating the charter fee or inadequacies referring to some of the terms in the Contract do not justify exiting from the Contract; rather, corrections may be duly undertaken, based on the current list of fees and the current contractual conditions of SSS. Irregularities in equipment or gear do not authorise the Charterer to make any deductions – provided safety and operation of the craft as such and functioning eequipment are guaranteed.
Any additional costs like harbor fees, fuel, gas, oil, coach registration fees or all expenditures for measures which are required for the proper operation of the craft during the charter periode are not included in the charter fee.
To confirm the booking of a vessel, a 50% downpayment of the charter fee has to be paid at least 4 weeks before the first day of the charter periode. SSS recommends to make this down payment as soon as possible as no reservations are made until payment arrives on SSS' accounts.
The charter fee has to be paid 100% before the vessel leaves the dock the first time or boat is handed over ashore. As security deposit of 750 (sevenhundredfifty) Euro has to be paid by credit card before operating the vessel the first time. The security deposit will be blocked on Charterer's Credit Card for the duration of the event. Security deposits received by bank transfer are subject to a 25 (twentyfive) Euro handling fee to cover our bank charges. Deposits received by bank transfer will be returned within 10 days after the end of the charter periode.
For payments made with credit card a 2.5% handling fee will be charged. All payments made by bank transfer have to be sent including the transfer expenses. SSS keeps the right to deduct any bank charges deducted from the initial charter fee during bank transfer from the deposit.
Obligations of SSS
SSS is obligated to their customer, the Charterer to
a) handover the vessel on the agreed date and venue after full payment of the charter fee in fully seagoing, working and safe condition. All vessels will be carefully checked before handover.
b) handover the documents of the vessel in laminated copies (registration papers and insurance papers and an authorization in the name of the Charterer to operate the vessel
c) handover the vessel's owner's manual in english language and be available for any technical questions of the Charterer at least during normal office hours from 8am to 6pm during the full charter periode
Charterer's Exiting from the Contract
a) The period of the validity of the Contract can only be changed in agreement with SSS and according to the existing possibilities.
b) Cancellation by the Charterer up to eight weeks before the start of the charter periode, all payments made will be refunded. Cancellation by the Charterer up to four weeks before the charter periode a 50% cancellation fee of the initial charter fee applies. After this deadline the full amount has to be paid. SSS offers to act as an agent for an insurance to cover the risk of late cancellations.
c) If there is a possibility to recharter the vessel (either in part or in full), 10% of the charter fee will be withheld to cover relevant expenses. The remaining sum will be refunded to the Charterer by SSS.
SSS Exiting from the contract
a) If SSS can not supply the vessel or an appropriate replacement and the delay exceeds 24 hours (for charter periods up to 5 days) or 48 hours (for charter periods longer than 6 days), the Charterer has the right to withdraw from the Contract. In this case payments already made will be refunded to him. No further claims may be raised.
b) If it is an established fact before the start of the charter periode that neither vessel nor replacement will be available on the agreed date, SSS shall be obliged to inform the Charterer as soon as possible the former knows the facts. In this case both parties may withdraw from the Contract before the assumed start of the charter periode. Payments made by the Charterer will be refunded as above. No further claims may be raised.
c) In the event that the vessel is not available for Charterer by 11am on the first day of charter periode, this agreement shall be pro rated for the period of the delay at a rate of 40 (fourty) Euro by every full hour starting from 11am that day ending by 6pm that day.
Handover of the vessel
a) SSS is obliged to hand over a fully working vessel. Charterer may request a trial trip before accepting the vessel. Possible defects, damages or missing parts of gear and/or equipment must be reported to SSS latest at 2pm of the first charter day.
b) SSS may hand over the vessel also by informing the Charterer of the location of the vessel and it's documents and keys in case no representative of SSS is available at the venue.
c) The Charterer may refuse check-in if safety stadards do not comply with national rules and regulations or if hull, bonding deck to hull, steering gear or engine are damaged to such an extent that safety of both ship and crew can no longer be guaranteed.
d) SSS may refuse to hand over the vessel if
- the fee and/or the deposit have not been fully paid
- no license or a license not valid for the chartered vessel may be provided by Charterer
- during process of check-in or during a trial trip it turns out, that the Skipper does not have the required qualitfication for this job.
e) The vessel is handed over generally without fuel in the tanks. Charterer/Skipper may purchase for extra cost when signing the charter contract the first refill of the tank and may leave the tank empty at end of the Charter Periode.
Insurance and Retainer
a) A Third Party Liability Insurance with a coverage of 1.5 (onepointfive) Million Euro per incident is included in the charter price. Also a comprehensive cover insurance for the vessel with a deductable of 750 (sevenhundredfifty) Euro is included. The insurance does not cover accidents of crew members, losses or damage to their personal belongings.
b) If the insurance comes to bear in case of damage, terms state that the damage had not been caused deliberately or by gross negligence and that the service rendered is nin compliance with the terms of the insurance policy. It is expressly stipulated that in case of gross negligence or deliberate act the liability of the Charterer is not limited by the deposit but the Charterer may be forced to pay the full sum of the damage.
Use of the Vessel, Obligations , Damages
a) The Charterer / Skipper agrees to navigate the craft with special consideration of good seamanship and careful observation of all legal regulations and provisions as applicable.
b) The Charterer or the Skipper nominated by the Charterer are committed
- Not to accept more than the maximum number of persons permitted on board
- Not to be towed or rescued by other crafts except in cases of emergency. The Skipper has to establish contact with the skipper of the other vessel and come to an agreement about costs of towing or other rescue operations before help is accepted.
- Not to let the engine run unnecessarily
- To leave a protected harbor only if the principles of good seamanship allow this
- To check the vessel every day before leaving the harbor on its seagoing capabilities
- To moore the boat appropriate when in the harbor (at least one line in front and at the back)
- not to smoke, drink or take drugs while on board the chartered vessel
- to operate the vessel only maximum 10 miles offshore and within the national waters of the port of handover.
- Not to operate the vessel during night hours as no navigation lights are on board
- Not to lay anchors, chains or any other fixation device of marks, buoys,... unsecured on the gelcoat of the deck.
- Not to make any permanent modifications (like drilling holes, removing parts) to the tube, engine, hull and fittings.
- To remove all ducktape, personal advertising stickers or writing from engine cover, console and any other part of the boat. To fail to do so results in an additional cleaning fee of 25,- (twentyfive) Euro minimum.
- Not to put any personal advertising stickers over stickers and branding applied on the boat by SSS.
c) If there is a damage on the vessel due to material wear during charter periode, the Charterer shall inform SSS as soon as possible on the damage to avoid further damaging of the vessel. SSS may ask the Charterer to purchase spareparts or make the vessel available for any repairs or replacments. SSS will replace any cost to the Charterer if he/she may proof purchase with original bill and the amount did not exceed 200 (twohundred) Euro. This sum will be refunded at the end of the charter periode. Parts that had to be exchanged are not to be disposed of! If the vessel has to stay in port because of repairs, the Charterer is not entitled to raise any claims if the delay does not exceed 24 hours (up to 5 days charter periode) or 48 hours (for charter periodes more than 6 days).
d) In case of major sea damage or accident, possible delay or loss of maneuverability of the vessel, SSS has to b e informed at once. The Charterer/Skipper has to undertake everything in his power to reduce the effects as wellas to avoid consequential damage. In agreement with SSS the Charterer/Skipper has to organise the necessary repair work, to document all the facts, to monitor the repair work and to negotiate price and payment. Moreover, the Charterer/Skipper is obliged to keep a record of the details of the damage and -provided there are claims of third parties and/or the damage is expected to be higher than the deposit- to have all the data confirmed by the relevant authorities.
e) Theft of the vessel or part of the gear has to be reported to the nearest police precinct, otherwise insurance may refuse payment and Charterer/Skipper will be held responsible.
f) Charterer shall be responsible for and shall replace or pay for any damage to the vessel, fittings, equipment and engine caused in whole or part by himself or any member of his party. This includes the leaving behind of garbage or possessions, and lost or damaged equipment or lines. The vessel shall be surrendered free of any indebtedness that may have incurred on the account of the Charterer for any reasons.
g) The Charterer is responsible that all persons operating the vessel hold a valid licence to operate such kind of vessel in the certain area. The Charterer/Skipper is obligated to hold his licence all the time available at least in copy for any checks through a SSS representative.
Return of the vessel
a) Charterer is responsible for returning the rib to the location (or a location nearby) of handover latest by 6pm on the last day of charter periode. The Charterer shall leave the key and documents of the boat inside the console if no representative of SSS will be at the venue.
b) Any damages or lost equipment shall be reported immediately to SSS during returning the rib. A list with prices of equipment on board and standard reparations (lifelines, backrests,...) is available at SSS on request.
c) The vessel has to be free of any trash and excessive dirt. Cleaning is included in the charter fee, but disposal of excessive dirt like old bread & fruits inside the hatches, bigger amount of plastic bottles and bags,... is not part of this and a fee or 25 (twentyfive) Euro will be deducted from the deposit. This fee will NOT be reimbursed by any potential deposit insurance!
d) The Charterer/Skipper should have paid all relevant fees for docking, mooring or registration even he leaves the venue earlier until the last day of the charter periode.
e) If damage or loss are a case for the insurance company, return of the deposit or parts thereof will be delayed until payment from the insurance has arrived. The deposit may be withheld if the repair costs or other expenditures to be paid from the deposit cannot be calculated exactly at the time of the craft check-out.
f) Any claims for damages raised by the Charterer against SSS must be put down in writing immediately after check-out of the vessel and contain pertinent explanations. Claims raised later cannot be considered
All disputes between Charterer and SSS have to be settled directly between these two. If arbitration or court proceedings are required, the place of jurisdiction is Vienna, Austria. For any disputes between the Charterer and SSS, Austrian Law shall apply.
Charterer/Skipper recognizes and accepts the risk that is inherent in any boating activity and expressly agrees to indemnify and hold SSS, its agents, members and contractors harmless from any damages, injury or loss of life resulting from the use of the vessel or any of the facilities offered.
If parts of the contract are null and void or invalid, the other parts retain their validity. The signers reserve the right to correct mistakes, misprints or errors in calculating.
Any agreements not contained in the Contract, oral promises or changes have to be confirmed in writing.
The Charterer/Skipper agrees, that pictures taken from him/her during operating the chartered vessel may be used for advertising purpose of SSS.
By signing the Charter Contract the Charterer affirms, that he has read the General Terms and Conditions and agrees to the content.
Version 0112, valid since February 2012
Our website contains proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. We authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.