ORYX YACHTING GmbH
AT 1030 Wien
HG Wien | FN 541447 x
Geschäftsführer: Sebastian König
The rental contract (charter) is concluded between the lessor (charterer) and the customer (charterer) under mediation of ORYX YACHTING (agency).
2.1. The payment of the charter price is due upon conclusion of the contract in instalments according to the invoice.
Unless otherwise agreed, the down payment shall be 50% of the charter price. This is due within 14 days after conclusion of the contract.
The balance is due 6 weeks before the start of the charter.
In case of a last minute contract within 6 weeks before the beginning of the charter, the total amount is due immediately.
2.2. If the Charterer does not pay on time, the Charteree may withdraw from the contract after two reminders and retain the deposit as a cancellation fee.
2.3. In accordance with the Consumer Protection Act, the customer may cancel free of charge within 7 days of conclusion of the contract.
2.4. In the event that the final payment has not been received in the account on the last working day before the start of the charter, the outstanding amount must be paid in cash at the base before the start of the trip. In case of double payment, the transferred amount will be refunded to the client immediately.
3.1. If the Charterer is unable to commence the charter (trip) booked by him, he shall inform the Agency immediately.
In case of cancellation more than 6 weeks before the start of the charter, the deposit shall be forfeited. In the event of cancellation less than 6 weeks before the start of the charter, the cancellation fee shall be 100% of the charter price.
3.2. If the Agency succeeds in finding a substitute charter under the same conditions, the Charterer shall be refunded his payment less processing costs of 20% of the charter price. Travel cancellation insurance is recommended.
The charterer will receive corresponding proposals with the charter contract.
The charter company is not liable for loss or damage to the property of the charterer or his guests, nor for personal accidents of the charterer, his guests or possibly other persons on board.
The charter company shall only be liable for damages to the extent that these are covered by the yacht's insurance contract. Any claims exceeding this shall be borne by the charterer.
The charterer waives all objections to the charter company regarding the content and the amount of coverage of the insurance contract. The yacht is insured as follows:
4.1. Comprehensive insurance for ship, equipment and inventory with an excess per damage event. The excess shall be transferred to the Charterer in the form of the security deposit according to the charter contract.
4.2. Liability insurance for personal injury and property damage.
Skipper's liability insurance is strongly recommended. The Charterer will receive corresponding proposals with the charter contract.
The agency shall be liable for grossly negligent or intentional breach of duty in the brokerage service.x
The agency shall support the charterer in handling complaints and act as a neutral mediator between the parties. The agency has taken out insolvency insurance.
A travel cancellation insurance, which includes the insolvency of the charter company, is recommended. The Charterer will receive corresponding proposals with the charter contract.
The Charterer is responsible for the crew, vessel, equipment and inventory to the Owner. The Charterer, or his designated responsible skipper, expressly declares:
6.1.to possess the legally required patents for the navigation of pleasure boats and to coordinate the validity of these with the agency before conclusion of the contract.
A copy of the skipper's licence and passport must be presented by the skipper (and, if applicable, by the co-skipper, depending on the country's regulations) at the latest at the base. Failure to do so may result in the yacht being detained by the charter company.
6.2. To be proficient in seamanship, to have sufficient experience in coastal and maritime navigation. The charter company reserves the right to check the skipper's skills. If necessary, the Charteree will provide the Charterer with a skipper at the Charterer's expense.
6.3. to undertake night cruises only after consultation with the base and with prudence. If the Charterer is only in possession of a so-called Day Skipper Licence, night trips are generally prohibited.
6.4. not to take part in races or regattas without the written permission of the charter company. If races are authorised by the charter company, the charterer must notify the charter company of the lifting of the yacht for underwater cleaning. Lifting may then also only be carried out in the harbours specified by the charter company. Each regatta requires an individual contract.
6.5. Not to pass the vessel on to third parties, to rent it out or to carry guests who are not on the official crew list. The maximum number of persons permitted under the charter contract may not be exceeded.
Should more persons than permitted nevertheless arrive at the base, the charter company reserves the right to transfer to a larger yacht that allows the number of crew members for an additional charge. On the other hand, at least 2 persons must be on board.
6.6. Not to carry out any transport of persons or goods against payment and not to take on board any goods which are subject to customs duties or which have not been declared.
6.7. to observe the legal requirements of the host countries.
6.8. to register and deregister with the harbour master and to clear in and out of the vessel in accordance with the regulations.
6.9. to keep the logbook properly and leave it on board.
6.10. To treat the vessel, equipment and inventory with care. To carry out or arrange for engine oil and filter changes in consultation with the charter company if prescribed in the maintenance schedule.
6.11. In the event of non-compliance with the aforementioned obligations towards the Charteree, the Charterer shall be fully responsible and liable for the consequences arising therefrom, in particular in the event of false statements regarding the ability to navigate the vessel, which can be verified at the start of the voyage.
6.12. The Charterer undertakes to comply with the instructions of the Charteree and/or the harbour master, in particular with regard to restrictions of the sea area or prohibitions of sailing in strong winds.
6.13. Unless otherwise contractually agreed, the vessel shall be handed over to the Charterer with a full tank and returned by the Charterer with a full tank.
6.14. Legally required charter contracts of the Charterer are to be signed on site. This applies, among others, in Greece or Italy, where a certified copy of these documents in the local language must be kept on board. If requested, this contract will be presented before the contract is concluded.
6.15.For acts and omissions on the part of the Charterer for which the Charteree is held liable by a third party, the Charterer shall indemnify the Charteree and the Agency under the contract against all consequences under private and criminal law, in particular also against all costs and legal proceedings at home and abroad.
6.16. After the end of the charter, the Charterer shall hand over the ship to the Charteree or his representative for inspection as to condition and completeness in a cleared condition (inside and outside) as well as with an emptied holding tank.
Lost, damaged or no longer functional objects are to be reported to the charter company after return without being asked.
A deposit is to be paid by the Charterer to the Charteree in local currency by credit card on taking over the vessel, unless otherwise agreed. After return of the vessel and equipment, the blocked deposit amount will be released promptly, provided that there are no defects which have arisen during the contract period.
The costs for the restoration of the contractual condition or the replacement in the case of damage and loss for which the charterer is responsible will be invoiced and offset against the refund of the deposit on check-out.
If the damage cannot be assessed, it is possible that the invoice will only be issued after an exact assessment and thus after the departure of the customer.
The deposit or hull insurance only covers one (1) accident, and the charter company may require a new deposit for the remainder of the trip after a claim that exceeds the deposit
A deposit insurance is strongly recommended. The charterer will receive corresponding proposals with the charter contract.
In case of damages, collisions and averages or other extraordinary incidents, the Charterer shall immediately arrange for:
8.1. repair of damage of normal material wear and tear up to EUR 50 for later settlement at the expense of the charter company under presentation of costs (receipt). Repairs of this kind exceeding this amount require the consent of the Charteree.
8.2. The Charterer undertakes to inform the base immediately in the event of average, major damage or collision. Furthermore, the Charterer undertakes to make the necessary arrangements to be able to present the necessary papers to the insurance company in the event of an insurance claim (harbour master's report, police report, copies of the ship's papers in the case of another yacht involved as well as the data of this yacht and the owner).
8.3. If the yacht has to be towed, the Charterer undertakes always to hand over his own line to the tug. Any arrangements between the tug and the towed yacht must be discussed in advance with the Charteree / the base.
An extension of the charter period is only possible with the consent of the charter company. If the charterer culpably leaves the ship at a different place than agreed for reasons for which he is responsible, he shall bear all costs for the return of the ship on land and water.
In the event of an insurance claim, the insurer shall settle the claim. The charterer's claim for damages remains unaffected. Delayed return of the vessel leads to claims for compensation on the part of the charter company, to be offset against the deposit.
The charter company is to be informed immediately in the event of loss, inability to manoeuvre, seizure or obstruction of the ship by authorities or outsiders as well as in the event of failure to return the ship on time.
If seizure or obstruction is culpably caused by the Charterer, he shall be liable for all consequences vis-à-vis the Charteree. In this case, the charter contract shall be deemed extended until the return of the ship with the obligation of payment of the fee by the charterer/skipper. The charterer's claim for damages shall remain unaffected.
Sind Beschlagnahme oder Behinderung schuldhaft durch den Charterer ausgelöst, so haftet er für alle Folgen gegenüber dem Vercharterer. In diesem Falle gilt der Chartervertrag bis zur Rückgabe des Schiffes als verlängert mit der Verpflichtung der Gebührenzahlung durch den Charterer/Schiffsführer. Unberührt hiervon bleibt der Anspruch des Vercharterers auf Schadensersatz.
If the booked yacht, or an equivalent substitute yacht, is not made available in accordance with the contract, the Charterer may withdraw from this contract at the earliest 48 hours thereafter, with full reimbursement of all payments made.
In the event of withdrawal, further claims for compensation (e.g. travel, accommodation and other costs) shall be excluded. If the Charterer does not withdraw from the contract, he shall be entitled to reimbursement of the pro rata charter fee for the time by which the ship became operational later.
If it is already clear before the start of the charter that the yacht will not be available on time, the charter company undertakes to inform the charterer that the yacht cannot be made available on time. In this case, the Charterer may withdraw from the contract before the start of the charter.
The Charterer reserves the right to deviations in the equipment of the yacht compared to the inventory lists sent before the beginning of the charter. If the equipment essential for the safety and navigability of the yacht is available and in working order, a withdrawal from the contract due to deviating equipment is excluded.
Should the Charterer find any defects, he is obliged to inform the Charteree or his representative immediately in order to arrange an earlier return or repair and to document the defects in writing and with pictures.
The charterer is entitled to reimbursement of the pro rata charter fee for the reduction in the possibility of use exceeding 4 hours and caused by defects. 8 hours shall be counted as a full charter day.
Complaints about the yacht which have not been noted in the handover or return protocol and signed by the charter company, or which have not been reported to the base during the cruise, are excluded for a later complaint via the agency.
Further claims for compensation by the Charterer in case of defects are excluded, unless the Charteree is accused of intent or gross negligence.
The Charterer accepts that items designated as aids in the checklist (such as GPS, chart plotter, bow thruster) are merely aids. In the event of damage to these devices, the Charterer is not entitled to compensation.
Furthermore, plotters and GPS do not serve as navigation aids. The navigation must be comprehensible on the basis of the log book and the nautical charts on board, otherwise this may result in liability consequences for the skipper.
In the event of provable errors in the price calculation or typing errors with regard to the contractual charter extras and prices, the charter company and charterer shall have the right and the duty to correct the usage fee in accordance with the valid price list without affecting the legal validity of this contract.
Verbal promises and additional agreements are only effective after written confirmation by the charter company. Information is given to the best of our knowledge, but without guarantee.
In the case of claims against the Agency, Austrian law shall be applicable and the place of jurisdiction shall be at the registered office of the Agency. In the case of claims against the charter company, the place of jurisdiction shall be at the registered office of the charter company. The law at the registered office of the charter company shall be deemed agreed in this case.