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ADDITIONAL CHARTER AGREEMENT TERMS

Last updated 28th Sept 2004

 

Dear visitor: Please bear in mind that full charter terms will be sent to you upon request or prior to confirming interest for booking:

The charter party is concluded between the charter company, the charterer and LdnB Global.com as the intermediary agency.

1.    The price includes: yacht and its appliance usage; in accordance with it, natural wear of the yacht and its appliances; insurance premium from the responsibility and Casco insurance;

2.    If the client wishes to change the date, it can be done only in accordance with disposition possibilities of the owner

3.    Advanced payment is due when the contract document is signed.  The client is obliged to pay agreed amount in accordance to these terms and make down payment (security deposit) at the latest on the day he/she takes over the yacht.  In case of clients cancellation, paid amounts are considered as indemnity for cancellation.  Insurance in case of cancellation is recommended.  If the owner manages to rent the yacht in short period, the paid amounts will be reimbursed, reduced by the amount of processing expenses.

4.    Charge for use belongs to the owner, even if the client during the period of usage uses the yacht partially or doesn't use it at all.

5.    If the owner cannot hand over predicted yacht at the latest 24 hours from the agreed term, due to shipwreck or some other obstacle, the owner has responsibility to hand over to the client similar yacht with the same number of cabins or reimburse the charge for use.  Further request from the owner are excluded.

6.     The owner is obliged to conclude the following insurances: lawful obligatory insurance, complete Casco with participation in case of damage.  Insurance conditions are part of this agreement.  Personal valuables are not insured. Persons travelling by yacht are insured.

7.    Cost of engine fuel and gas are at the clients expense.

8.    The client is required to show his/her navigation permit as prescribed for the suitable yacht and needs to have required knowledge and experience for navigating the yacht.  The client obliges to take on board not more persons than permitted for the yacht.  The client is obliged to use the yacht only for sports sailing within the limits of existing laws concerning customs and sailing, excluding any type of trading, professional fishing, renting, transportation and similar.  The client is obliged to act in accordance with customs of a good navigator.  For violation of any of the mentioned regulations only client is responsible in front of the naval and customs authorities, courts, magistrate court, financial penalties, confiscation caused by the client, as well as in the case of clients accidental fault.

9.    The client is obliged - unless otherwise stated - to bring the yacht to the anchorage point, with full fuel tank and completely cleaned, in order to enable detailed stock-taking inspection of the rented equipment.

10.    The client has to hand over the yacht and its equipment in good condition and function. He is not responsible for the ware damages but he is responsible for the damages caused by improper handling of the yacht or the equipment.

11.     If the yacht or the equipment are damaged or lost, the client has to take care of the repair or compensate for the damage. In cases that are covered by the insurance, in the maximum amount of share by the insured case.

12.     If the yacht is not returned on time, the owner has right to compensation for the damage.

13.      For normal damages due to wear up to the amount of 100 EUR, the client is authorised to take care of the repair on his own initiative. For the repairs exceeding the amount of 100 EUR the client is obliged to ask for the owner's advice and permit regarding the repair.

14.     In case of severe shipwreck (collision, flooding, conflagration, and similar) or the theft, the client must obtain transcript, in accordance with insurer's conditions and the regulations prescribed by law, and the client is obliged to inform the owner and ask for his instructions.

If the yacht or any part of the equipment has been stolen, the client has to inform the police.

If the client doesn't act in accordance with these regulations, prescribed by insurance, he could be charged by the full amount of the expenses caused by shipwreck or theft. This applies to confiscation as well.

15.     Termination of the use of the yacht due to unexpected damage during the use, doesn't give a right to the client to request return of complete or partial charge for use.

16.     In case minor damage doesn't obstruct sailing, the client has to return at least 24 hours before the end of using time, in order to enable the damage fixation.

17.     Subleasing and lending are prohibited.

18.     In case of calculative mistake regarding the charge for use, it is right and obligation of the owner and the client to correct it in accordance with existing price list and at the same time this contract remains legitimate.

19.     In case some stipulations of this contract become invalid or not in action, the contract remains into effect.

Changes of the contract can be done only in written form.

20.     The client is obliged to keep a log book.

21.      In no event shall LdnB Global.com be liable for any losses incurred to the client  in the case of war, terrorist attack or any other similar event which is beyond our control. 

22.     Limitations of Liability; Force Majeure.  In no event shall LdnB Global.com be liable to the customer where it is obvious that the damages to the client are caused by another party, especially in situations that are not under direct control of LdnB Global.com.  In any case, even where the damage incurred to the customer is directly caused by LdnB Global.com, we will only be liable to cover damages up to the amount initially paid to us for the provision of requested service. LdnB Global.com's AGGREGATE LIABILITY TO CHARTERER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO LdnB Global.com  BY CHARTER  FOR THE SERVICE  GIVING RISE TO THE CLAIM.   Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those
limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.

Agency Liability - LdnB Global.com is only liable as an intermediary for intentional or grossly negligent dereliction of duty in the performance of its services as an intermediary.

Place of jurisdiction, applicable law.

All claims relating to the relationship between charterer and agency shall be subject to the law applicable to the registered office of the agency; the place of jurisdiction shall be the registered office of the broker. All claims relating to the relationship between charterer and Charter Company shall be subject to the law applicable at the registered office of the charter company, and the place of jurisdiction shall be the registered office of the charter company.

 

This charter conditions can  from time to time be subject to change by LdnB Global.com.  In any such case we will notify the client prior to signing the chartering agreement.

March 2004.

 

 

 

 


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