DEUTSCH : CASTELLANO

Charter Terms and Conditions

  1. PERFORMANCE CHARTER S.L. wishes to rent the yacht to the CHARTERER and undertakes to refrain from entering into any other charter agreement in connection with the same yacht for the term of the agreement. The CHARTERER wishes to rent the yacht and undertakes to pay the charter fee, the deposit and all other agreed upon fees in available funds prior to or on the date set forth in clause 2 of these General Terms and Conditions to the account stated therein.

  2. PAYMENT OF THE CHARTER FEE AND OTHER FEES TO PERFORMANCE CHARTER S.L.: Fifty percent (50%) of the charter fee as well as the fees for provision and return of the yacht, if any, will be paid to PERFORMANCE CHARTER S.L. at the time of booking. If not otherwise agreed upon in the agreement under “Terms,” payment of the balance remaining will be made in available funds 30 days prior to the beginning of the charter period to the account indicated therein. For bookings made 30 or fewer days prior to the beginning of the charter period, the charter fee and other fees will be required to be remitted in full at the time of booking. Charges for bank transfers will be borne by the CHARTERER. PERFORMANCE CHARTER S.L. accepts VISA, MASTERCARD and selected debit cards subject to an additional fee of one percent (1%) of the gross charter fee. PERFORMANCE CHARTER S.L. does not accept checks.

  3. CANCELLATION: Where a booked yacht is cancelled for whatever reason, the CHARTERER whose name is stated on the booking confirmation must notify PERFORMANCE CHARTER S.L. in writing. Cancellations will come into effect as of the date the cancellation notification was received by PERFORMANCE CHARTER S.L. Cancellations will be subject to the following fees:

more than 42 days prior to the beginning of the charter period full amount of deposit will be charged
24 to 42 days prior to the beginning of the charter period:
60% of the charter fee will be charged
up to 24 days prior to the beginning of the charter period full charter fee will be charged

 

  1. INSURANCE: PERFORMANCE CHARTER S.L. recommends that the CHARTERER take out travel and travel cancellation insurance against unforeseen incidents. This insurance is available at insurance and travel agencies.

  2. FEES: PERFORMANCE CHARTER S.L. reserves the right to adjust and/or modify the fees charged for yacht rentals that have not been booked of confirmed.

  3. DEPOSIT: The deposit must have been received by or deposited with PERFORMANCE CHARTER S.L. before the beginning of the charter period and prior to boarding the yacht. Payments may be made in cash or by VISA or MasterCard.

  4. REIMBURSEMENT OF THE DEPOSIT: If not otherwise agreed upon or stated in the agreement, PERFORMANCE CHARTER S.L. will use the deposit in full or in part to satisfy any liabilities incurred by the CHARTERER pursuant to the terms of the agreement. Where the deposit is not used as mentioned above, it will be reimbursed to the CHARTERER or credited to the CHARTERER’s VISA or MasterCard without interest at the later of one (1) week after the end of the charter period or of clarification of any issues. Deposits paid by credit card may be subject to exchange rate fluctuations. Bank charges or credit card fees will not be borne by PERFORMANCE CHARTER S.L.

  5. CRUISING AREA: The CHARTERER undertakes to operate the yacht only in areas and within these areas only in regions for which the yacht is licensed and insured. Where the CHARTERER violates this obligation he or she will be requested to disembark at the nearest practicable port. In this case, the agreement will be terminated and the CHARTERER will not be entitled to reimbursement of the charter fee or deposit. Any expenses incurred for damages and for returning the yacht to its home port will be borne by the CHARTERER. The general cruising area for which the yacht is licensed and insured will be limited to the Spanish Mediterranean.

  6. LIMITED NUMBER OF PERSONS: The CHARTERER undertakes not to exceed the maximum number of persons allowed aboard the yacht at any time during the charter period. Where the CHARTERER has violated this obligation in the reasonable opinion of PERFORMANCE CHARTER S.L., PERFORMANCE CHARTER S.L. will be entitled to terminate the agreement. In this case, the CHARTERER will be requested to disembark at the nearest practicable port and will not be entitled to reimbursement of the charter fee or deposit.

  7. OPERATION OF THE YACHT: If in the reasonable opinion of PERFORMANCE CHARTER S.L. the CHARTERER is unable to operate the yacht in a safe and seamanlike manner, the CHARTERER will at his or her own expense use the services of a professional captain appointed by PERFORMANCE CHARTER S.L. until such captain determines that the CHARTERER is able to operate the yacht without further assistance. The CHARTERER will bear all operating costs for the yacht including, but not limited to, fuel, lubricating oil and filters, as well as the fees for any port other than the yacht’s home port. Any costs incurred by the CHARTERER (whether with or without intent) for loss, breakage and other damage to the yacht or its equipment beyond normal wear and tear will be offset against the deposit. Where winds exceeding 7 on the Beaufort scale have been forecast, the CHARTERER undertakes not to leave the relevant protective port or to access the nearest port or protective port without delay and secure the yacht.

  8. DELAYED RETURN: a) Where the return of the yacht to PERFORMANCE CHARTER S.L. at the relevant port is delayed due to a force majeure event, it must be effected as soon as practicable following such event and the terms of the agreement will apply until such return. The CHARTERER will not incur any penalty fees or other extra costs in this case. b) Where the return of the yacht to PERFORMANCE CHARTER S.L. at the relevant port is delayed for a reason the CHARTERER is accountable for, the CHARTERER will transfer to PERFORMANCE CHARTER S.L. without delay the amount equal to a daily rate for port use plus forty percent (40%). Where the return is delayed by more than twenty-four (24) hours the CHARTERER will indemnify PERFORMANCE CHARTER S.L. for any loss or damage incurred by PERFORMANCE CHARTER S.L. due to the loss of use of the yacht or for the cancellation of or delay in provision thereof to subsequent charterers.

  1. BREAKDOWN OR DISABLEMENT: If the yacht becomes disabled after the beginning of the charter period due to collision, grounding or other reasons that render use of the yacht impossible the charter period will be terminated and all fees paid will be forfeit. If the yacht becomes disabled for mechanical reasons PERFORMANCE CHARTER S.L. undertakes to ensure repair within twelve (12) hours or to provide the CHARTERER with another yacht with either identical dimensions or an identical number of cabins and with equal performance capacity or will reimburse the CHARTERER for any amounts paid. The CHARTERER is not entitled to receive indemnification.
  2. REPLACEMENT: Where the yacht cannot be provided to the CHARTERER due to a breakdown during the previous charter period or for other reasons beyond the control of PERFORMANCE CHARTER S.L., PERFORMANCE CHARTER S.L. may offer the CHARTERER another yacht with either identical dimensions or an identical number of cabins and with equal performance capacity or may reimburse the CHARTERER for any amounts paid. The CHARTERER is not entitled to receive indemnification.

  3. USE OF THE YACHT: The CHARTERER undertakes to use the yacht exclusively for entertainment purposes and not to use it for commercial purposes under any circumstances. The CHARTERER undertakes to ensure that pets or other animals are not brought aboard the yacht without the prior written consent of PERFORMANCE CHARTER S.L. The CHARTERER undertakes to ensure that his or her or any guest’s behavior does not disturb any third parties or bring the yacht into disrepute. The CHARTERER will refrain from allowing any persons to access the yacht who do not belong to his or her immediate group and will refrain from handing over or renting out the yacht to third parties without the prior written consent of PERFORMANCE CHARTER S.L.. SMOKING IS EXPRESSLY PROHIBITED IN ALL INTERIOR SPACES OF THE YACHT. The CHARTERER and his or her guests will comply with the laws and regulations of the countries in whose territories the yacht is taken during the charter period. The CHARTERER will ensure that all goods that are on board at the beginning of the charter period or are brought on board at any time during the charter period are cleared through customs before being taken ashore whether or not they are subject to customs duties. Furthermore, the parties expressly agree that the possession, consumption or use of illegal drugs and the possession or use of weapons including, but not limited to, firearms is deemed by PERFORMANCE CHARTER S.L. to be sufficient reason to terminate the agreement without notice without any recourse against PERFORMANCE CHARTER S.L. coming into effect.

  4. INSURANCE AND LIABILITY OF THE CHARTERER: PERFORMANCE CHARTER S.L. will insure the yacht with a market- leading insurance company against any and all risks customary for a yacht of the respective size and type. Under normal circumstances, the CHARTERER’S liability for costs or loss with respect to any damages to the yacht or third parties that require repair and have been caused (with or without intent) by the CHARTERER or any of his or her guests will be limited to the deductible per damage event stated in the insurance policy. However, the CHARTERER’S liability may exceed such deductible where his or her (intentional or unintentional) behavior was aimed at voiding or limiting the scope of the agreed upon insurance coverage. The CHARTERER undertakes to obtain insurance for his or her personal items on board the yacht or ashore as well as health and accident insurance for all incidents not covered by the insurance taken out for the yacht by PERFORMANCE CHARTER S.L.

  5. APPLICABLE LAW: The parties agree on PALMA DE MALLORCA as the jurisdiction for the agreement. PERFORMANCE CHARTER S.L. will be free to determine whether the agreement is subject to the laws of the country of residence of PERFORMANCE CHARTER S.L. or of the CHARTERER.

  6. FORCE MAJEURE: The term “force majeure” as used in these General Terms and Conditions applies to events that result directly from acts or incidents that have occurred or not occurred, omissions, accidents or other force majeure events beyond the reasonable control of PERFORMANCE CHARTER S.L. or of the CHARTERER including, but not limited to, strike, lockout or other labor disputes, civil commotion, riot, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, government issued laws or regulations, and major mechanical or electrical disturbances beyond the control of the crew that are not based on negligence by PERFORMANCE CHARTER S.L.

  7. COMPLAINTS: The CHARTERER undertakes to notify PERFORMANCE CHARTER S.L. of any issues directly upon their occurrence rather than at the end of the charter period. Where this obligation is violated, PERFORMANCE CHARTER S.L. will not assume any liability as it will not have been granted the opportunity to investigate and remedy the issue. Furthermore, PERFORMANCE CHARTER S.L. will not assume any liability for issues caused by the CHARTERER or his or her guests or third parties or arising as a result of any event that PERFORMANCE CHARTER S.L. could not have foreseen and/or prevented.