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1. INTRODUCTORY NOTE
The result of buying one of the arrangements is the contractual relationship with the lessor. General terms of rent are the integral part of this contract and they put contractual parties under obligation to each other. Only these terms are the basis for solving eventual disputes between contractual parties.
Any dispute between the contractual parties will be solved on basis of these terms only. It is therefore vital to read these terms carefully.
2. DELIVERY
Only totally equipped and clean vessels, with full water-tanks and fuel reservoirs in perfect condition, will be handed over, and the same condition is expected when returning the vessel. The inventory list is used to check up if the equipment on the vessel is in order and complete and both contractual parties should sign it.
Hidden defects in the vessel or its equipment, which were not known to the lessor on the occasion of delivery of the boat as well as the defects which might occur after the delivery do not give the right to the lessee to reduce the rental. In case further journey for any reason should not be possible or exceeding of renting period is inevitable, the base operator should be contacted for necessary instructions. In case of exceeding the renting period due to bad weather on return journey the lessee has to bear all the costs which might arise for the lessor due to it unless otherwise permitted by the lessor. Therefore safe planned route and returning to the base the evening before the handing over of the boat is suggested.
3. RENT-ABANDONMENT
In case the user can not commence renting the vessel for any reason, he is free to find a person who will take over his rights and obligations subject to lessor’s consent. If he doesn’t find a substitute, the lessor will retain:
30% of rental in case of abandonment 3 months prior to beginning of the renting
50% of rental in case of abandonment 3- 1 months prior to beginning of renting
100% of rental in case of abandonment up to 4 weeks prior to beginning of renting
4. DEPOSIT
At the occasion of receipt of the vessel a deposit should be paid. The sum to be paid and kind of payment are stated in the contract for each vessel. Deposit will be returned in total amount on the occasion of returning the vessel within the time agreed and in the condition taken over.
5. THE LESSOR’S OBLIGATIONS
The lessor undertakes to deliver the vessel at the place and time agreed, in good condition, clean and with full water- and fuel-reservoirs.
In case the lessor is not able to provide the reserved vessel, he undertakes to prepare another one, which is to be at least of the same quality or even of superior quality.
In case the lessor is not able to provide either the reserved vessel or its replacement (of the same or even superior quality) at the agreed time, he undertakes to offer the lessee following possibilities:
a) meeting the lessee’s costs for the days while waiting for taking over the vessel
b) providing adequate accommodation while waiting
c) after expiring of the 24 hours deadline and lessee’s abandonment of the Contract and renting, the lesser undertakes to return the sum paid
The lessor undertakes to inform the lessee and return him the amount paid according to the Contract no later than 15 days prior to beginning of the rent in case of cancellation of the arrangement because of unpredictable circumstances.
6. THE LESSEE’S OBLIGATIONS
The lessee undertakes to pay the rental according to the terms in this Contract.
The lessee undertakes to deliver the list with the names and addresses of the crew members and vessel’s guide to the lessor either prior to commencement of renting or at delivery.
The lessee undertakes that number of the crew is not going to be bigger than the one on the list given to the lessor prior to renting.
The lessee undertakes that he or a member of the crew who is steering the vessel will have the appropriate license according to the valid regulations.
The lessee undertakes to deal with the vessel carefully.
The lessee undertakes to keep to regulations and not to commit any criminal actions.
The lessee undertakes to keep the log-book correctly.
The lessee undertakes neither to sub-rent the vessel nor to lend the vessel to an other person.
The lessee undertakes not to compete in regattas with the vessel without previous special permission or lessor’s confirmation.
The lessee undertakes not to use the vessel in commercial purposes.
The lessee undertakes to steer the vessel at night only in safe weather conditions.
The lessee undertakes to check the oil condition in marine engine daily.
The lessee undertakes not to leave the territorial waters of the country in which he rented the vessel without the previous permission or lessor’s confirmation.
The lessee undertakes to inform the lessor immediately in case of damage during renting period
The lessee undertakes to inform the lessor immediately if the vessel needs to be repaired in case of the damage in the renting period.
The lessee undertakes to inform the authorized harbor master’s office, to make the protocol for insurance company and to inform the lessor in case of greater damages or if some other vessels take part in such damages
The lessee undertakes not to embark any animals on the vessell without previous special permission or lessor’s confirmation.
The lessee undertakes to inform the nearest police department immediately and ask for a copy of the report in case of disappearance of the vessel or her equipment.
The lessee undertakes to watch the weather forecast in order not to bring into danger the vessel’s safety and to avoid delayed delivery.
The lessee undertakes to inform the lessor in case of delayed vessel’s delivery.
The lessee undertakes to return the vessel in agreed place and time, in good condition and with full fuel-reservoirs.
The lessee undertakes, in case of delayed vessel’s delivery in agreed place and time, to pay:
a) the daily rental – for 3-hours-delay
b) three times daily rental plus all costs arisen for lessor – in case of delay over three hours and every commenced new day of delay.
The lessee undertakes to check carefully vessel’s condition and equipment according to the inventory list when taking over the vessel.
7. RESPONSABILITIES
In case that either of contractual parties does not fulfill its obligations, relative party can be charged for total compensation of the damage.
8. INSURANCE
The vessel is insured against every kind of accident with the user’s franchise up to the amount of damage from the deposit and she is insured with obligatory insurance of the persons and equipment towards third persons.The insurance does not include person’s accidents occurred on the ship, damages on things and items brought onboard, damages made by rough user’s negligence and the compensation for loss of one or more parts of the vessel’s equipment.
9. CLAIMS
Only the claims submitted in written form when returning the vessel and signed personally by both the lessor and the lessee will be taken into consideration by the lessor.
10. COMPETENCES
Any misunderstanding or dispute should be solved in a friendly manner. Failing this, the court in the lessor’s residence will be competent.
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