Yacht Issuance
1.1. The Owner commits to delivering the Yacht to the Charterer in a state suitable for the agreed use, at the place and time specified in the Charter Agreement. A detailed description of the Yacht’s condition and its equipment is in the Handover and Return Protocol of the Yacht, which is Appendix No. 2 to the Charter Agreement. Once the Protocol is signed, it becomes an integral part of the Charter Agreement.
1.2. The Yacht is exclusively issued to the Charterer. At the time of issuance, the Charterer must present the Owner with personal ID/passport and confirmations of payment of the charter fee and returnable security deposit. If the Charterer is determined to be a minor based on the presented documents, the Owner will refuse to issue the Yacht. The Owner also refuses to issue the Yacht if there is suspicion that the Charterer is under the influence of alcohol, intoxication, narcotics, or other similar substances. In the above cases, the Owner is not obligated to refund the paid charter fee.
1.3. If issuing the Yacht on the date specified in the Charter Agreement is impossible or delayed due to reasons attributable to the Owner, force majeure, or third parties, the Owner will refund a portion of the charter fee proportionate to the extent of the delay relative to the charter period. If the expected delay exceeds 1/4 of the charter period, the Charterer has the right to withdraw from the Charter Agreement. In such cases, the Owner is obligated to refund the paid charter fee. The Charterer has no other claims against the Owner (e.g., travel and accommodation costs). The right to withdraw and the obligation to refund do not apply if the Owner offers a substitute yacht that matches the capacity of the original.
1.4. Due to unpredictable hydrological situations, navigational obstacles, temporary sailing bans by regional water management, and closures of hydraulic structures, changes to the yacht’s place of issuance and return are possible. If such events occur, the Owner will immediately inform the Charterer using remote communication (e.g., phone, email, SMS) about the new place of issuance or return of the Yacht. In such cases, the Charterer has neither the right to withdraw from the Charter Agreement nor any other claim.
Yacht Usage Rules
2.1. Yacht chartering occurs without a crew or with a skipper. The Charterer and accompanying persons (Crew) operate the Yacht. The Yacht is intended for a maximum of 7 people (i.e., seven without a crew or six with a skipper). Based on their assessment and the Yacht Operating Instructions, the Charterer must ensure the Crew includes a sufficient number of competent individuals to operate the Yacht.
2.2. Yacht Operating Instructions are available on the Owner’s website and laminated on each yacht. Before the Yacht’s issuance, the Charterer must familiarize themselves with the Yacht Operating Instructions. By signing the Charter Agreement and Detailed Charter Agreement Terms, the Charterer confirms that they have read, understood, and can operate the Yacht according to the Yacht Operating Instructions. The Yacht Operating Instructions are an integral part of the Charter Agreement.
2.3. The Charterer commits to using the Yacht in accordance with the Charter Agreement, Yacht Operating Instructions, individual guidelines from the Owner, water traffic safety rules, and social coexistence principles, including good nautical practice. The Charterer must ensure the Crew, especially those entrusted with operating the Yacht, maintain these standards. If the Charterer intends to delegate operation duties to other Crew members, they must acquaint them with the Yacht Operating Instructions and responsibilities under these Terms.
2.4. The Yacht Charter is exclusively for the Charterer’s and Crew’s recreational purposes. The Charterer may not sub-charter the Yacht or otherwise provide access to third parties (outside the Crew), whether for a fee or free of charge.
2.5. Only the Charterer or another adult Crew member, whom the Charterer has entrusted and who has undergone water safety training or possesses the appropriate qualification document, may operate the Yacht. The person operating the Yacht must exercise due caution. Operating the Yacht or performing related activities (e.g., mooring) by individuals under the influence of alcohol, intoxication, narcotics, reaction-delaying drugs, or similar substances is prohibited.
2.6. Irrespective of individual Crew members’ responsibilities, the Charterer assumes full responsibility towards both the Owner and third parties for the actions and omissions of the Crew.
2.7. Without the Owner’s consent, the Charterer must not make any changes to the Yacht or its equipment nor undertake repairs.
In case of a breakdown, damage to the Yacht, or an accident or collision involving the Yacht, even if it has not been damaged, the Charterer must immediately inform the Owner using remote communication means about the incident. If the breakdown or damage is not due to the Charterer or Crew members’ fault and prevents further use of the Yacht, the Charterer is entitled only to a refund of the charter fee; all other claims are excluded; clause 1.3 applies. If the breakdown or damage occurred due to the Charterer or Crew members’ fault, neither the Charterer nor Crew members have any claim.
2.8. The Charterer alone or with the help of the crew performs routine, normal operations of the Yacht (e.g., maintaining cleanliness, emptying the WC, disposing of trash).
2.9. Only the Charterer is allowed to exchange gas cylinders and refuel the tank – they will be trained for this purpose before the trip.
2- The list of qualifications for maritime or inland navigation, which exempts from the requirement of undergoing water safety training, is specified in Appendix No. 2, regulation of the Minister of Transport, Construction and Water Economy dated May 10, 2013, regarding water safety training.
2.10. Bringing pets (e.g., dog, cat) onboard the Yacht requires an additional fee according to the Charter Agreement, and paying this fee does not exempt the Charterer from the obligation to repair any damages (e.g., scratching laminate, upholstery damage) caused by these animals.
Areas Excluded from Navigation and Moorings An absolute ban on entering areas excluded from navigation is enforced.
Insurance
4.1. Using the Yacht under the Charter Agreement is covered by the Yacht’s CASCO insurance, and the liability insurance of the yacht user as specified in the General Insurance Conditions of Yachts.
4.2. The Owner is not responsible for losses incurred in the personal property of the Crew members.
4.3. Insurance against accidents and medical expenses for the Charterer and Crew members is available after prior notification and payment of related fees.
Return of the Yacht, Settlement of Security Deposit
5.1. The Charterer returns the Yacht to the Owner at the time and place specified in the Charter Agreement, subject to clause 1.4. If the Yacht is returned to a location other than specified in the Charter Agreement or resulting from the application of clause 1.4, the Charterer incurs a fixed cost for transferring the Yacht amounting to 3,000 PLN, which will be deducted from the security deposit, and the Charterer agrees to this.
5.2. The end time of the charter specified in the Charter Agreement is the time when the Yacht must be ready for return, i.e., cleaned and cleared. If the Yacht is returned uncleaned and uncleared, the Charterer will be charged a fixed cleaning fee of 200 PLN, which will be deducted from the security deposit, and the Charterer agrees to this. If the sewage tank is not emptied or the toilet is not cleaned, the Charterer will be charged a fixed fee for toilet cleaning or emptying the sewage tank amounting to 100 PLN, which will be deducted from the security deposit, and the Charterer agrees to this.
5.3. The condition of the Yacht and its equipment at the time of return is determined by the Handover and Return Protocol of the Yacht. Damages and shortages identified therein are the basis for deducting from the security deposit according to the rates indicated in the Protocol.
5.4. From the security deposit, costs referred to in clauses 5.1 and 5.2 are deducted first, followed by costs of repairs and covering shortages referred to in clause 5.3 according to the rates indicated in the Handover and Return Protocol of the Yacht, as well as contractual penalties referred to in clause 6. If the security deposit does not cover all indicated costs, the Owner may demand the Charterer to pay the difference.
5.5. If repairs are covered by insurance, the retained security deposit will be refunded in the corresponding part.
Liability for Damages
6.1. The Charterer bears full liability towards the Owner for damages if the Yacht is used in a manner inconsistent with the General Insurance Conditions of Yachts.
6.2. In case of delay in returning the Yacht, the Charterer will pay the Owner a contractual penalty of 100 PLN for each hour of delay, which will be deducted from the security deposit, and the Charterer agrees to this.
Settlement in case of Cancellation of the Charter
7.1. In case of cancellation by the Charterer, the Owner retains:
7.2. If the Charterer cancels the charter, they may indicate another person who will charter the Yacht at the time resulting from the Charter Agreement. Chartering the Yacht to another person requires the Owner’s consent, the conclusion of a separate charter agreement with another person, and payment of fees stipulated in the agreement as well as covering a handling fee of 100 PLN by the Charterer. If these conditions are not met, clause 7.1 applies.
7.3. The handling fee referred to in clause 7.2 may be deducted from the amounts previously paid by the Charterer towards the charter fee. In addition, deductions from the charter fee paid by the Charterer may include potential losses, e.g., resulting from last-minute discounts or shorter charter periods by another person. The Charterer agrees to these deductions.
7.4. If the charter does not proceed due to restrictions imposed by the Government related to the epidemic, the amounts paid by the Charterer do not forfeit and can be used until the end of 2024 – an amendment to the agreement with a new charter date will be drawn up.
3- Does not apply to persons with qualifications of at least a motorboat helmsman or higher.