Terms of the AMS Yachting
General terms and conditions of the
AMS Yachting – Segel & Charter KG (Booking Agency)
Martin-Luther-Str.10, D-97461 Hofheim
AM Yachting Tours d.o.o. (Chartercompany)
Marsala Tita 1A, HR-52450 Vrsar
1. Subject of the contract and charter time
The charterer, sailing himself, rents the sailing yacht for the maximum number of people as there
are bunks on the yacht. The equipment corresponds to the current charter catalogue. The yacht is
handed over on the day before the first charterday. The charter begins at 5 p.m and is to be
returned on the last day of charter by 10 a.m at the latest.
2. Charter charges, payment date, security
The deposit and the final payment have to be made to AMS-Yachting,
account number 6661 at the Raiffeisenbank Oberessfeld, bank number 790 691 88 in Germany.
IBAN-Code: DE64790691880000006661 SWIFT-Code: GENODEF1SLZ
The charter price includes: The use of the yacht and of the equipment by the crew members. The
resulting natural wear of the yacht. The insurance premia of the below mentioned insurances
(number 3).
The fees for harbours and Marinas as well as the costs for petrol, diesel, electricity, health resort
tax, gas and water and the permit for Croatia are to the debit of the charterer.
The security is 1.000,- Euro for Bavaria 30 – 41 and 1.500,- Euro for Bavaria 42 - 51, which
corresponds to the amount of the cost sharing of the hull insurance for the yacht. The security has
to be payed in cash before the start of the charter at the base. The
security serves to protect the claims of the owner towards the charterer and his crew. The AMS
company renounces the security after the end of the charter, if the charterer pays for possible
damages of the yacht or loss of equipment immediately on location.
If the charterer does not pay the mentioned deposit or the final payment despite of a reminder, the
AMS company is authorized to cancel the present charter contract and to charter out the yacht
elsewhere. If the yacht can not be chartered out any more or only for a part of the afore mentioned
period (number 1), the AMS company can claim for compensation towards the charterer to pay the
complete charter charges or the difference respectively. If the contract is not signed and sent back
to AMS until the date of return, it is cancelled cost-free upon expiration of the date of return.
3. Insurances
There are the following insurances for the yacht, effected by the owner:
a. liability insurance for the yacht for damages to persons or property, 2.000.000,- Euros global,
b. hull insurance for the yacht with cost sharing, 1.000,- Euro or 1.500,- Euro for each damaging
event.
Deducting cost sharing, the hull Insurance covers damages of loss or damages by boot accident,
fire, explosion, act of God or theft. The charterer is liable until the amount of cost sharing like the
owner, if he uses the yacht himself. The charterer takes also the risk, untill the amount of cost
sharing, particularly of unindebted damages, losses, etc by act of God, theft or others.
The insurances are part of the charter contract and are are aboard of the yacht. The personal
goods and damages to persons of the charterer or his crew are not insured. If the charterer or his
crew cause intentionally damage or due to gross negligence or if the charterer or his crew are
guilty of wilful deceit concerning the inquiry into the reasons and compensation of an average, the
charterer is personally liable for all damages and costs, as the insurance is free from the
commitment to pay due to this behaviour.
4. Charter region
The charter region is the croatian Adriatic Sea and can only be exceeded with the written
permission of the AMS company. It is not allowed to cross the channel between the isles Pasman
and Uglian. The bridge only has a headroom of 16,5m.
5. Crew and seamanship
Note: In case of an average, you may reckon that the following details will be checked by the
insurance company.
Skipper: ……………………………………………………………………………………………
name age profession
………………………………………………………………………………………………………
place of residence street
seamiles, sailed in open waters as a skipper: ……………………………………………………
The charterer explains expressly, that he or the skipper respectively dispose of all nautical and
navigational knowledge and experience that are necessary for sailing a boat of this size in open
waters, and that the crew also disposes of enough knowledge to support the skipper. If the
charterer and the skipper are not the same person, than both are together liable towards the AMS
company and the owner. For sailing the yacht, the skipper needs the naval licence for sport boats
and one crew member has to have a certificate for UKW radiotelephony.
6. General obligations
The charterer commits himself to sail the boat responsibly, to treat it carefully and to behave in
each situation as if the boat is his property. He is particularly obliged, not to take more persons on
board than are allowed for the yacht, to follow the special regulations of the region, he is sailing in,
to follow the laws and decrees of the host countries (forbidden import of dutiable goods and
forbidden export of antiquities can lead to confiscation of the yacht), to show his crew list at the
next Capitaneria and to apply for the permit of navigation, to carry out the regular registration and
cancellation at the respective harbour captain, not to do races and regattas, professional fishing,
trade and transport, not to pass on or rent out the boat to a third party, not take animals on board,
to read the existing operating instructions before sailing and to write the logbook regularly and to
leave it on board. The charterer is obliged to familiarise themselves with the technical and other
equipment on the yacht, and to follow the operating instructions on board. He has to control and
service the oil level and the water if there is two-circle-cooling, as well as the Bilgen daily.
Damages, which are caused by failure, are not insured at all and have to be payed by the
charterer. In case of non-compliance of the above mentioned obligation, the charterer is fully liable
for the possible resulting damages.
7. Damage event and unusual occurences
In case of normal wear up to 150,- Euros the charterer is authorized, to oblige the owner to make
repairs himself. The resulting expenses are refunded by presenting the receipted bill. Repairs of
this kind over 150,- Euros have to be approved previously by the owner or the AMS company.
Changed parts have to be kept in any case.
In case of an average, loss, unseaworthiness or disabilty, confiscation or hindrence of the boat by
authorities or outsiders, the charterer has to inform the AMS company immediately. If the charterer
or his crew are culpable for confiscation or hindrance, he is liable for all consequences towards
the owner and the AMS company. The charter contract then is regarded as extended until the
return of the boat with the obligation for the charterer to pay the charges, in case AMS proves that
due to the late return of the yacht, he fully or partly lost charter. The claim of compensation hereby
stays untouched.
If the base leader at the Marina Vrsar is not available, the charterer or his skipper is obliged to
inform AMS in Hofheim.
In case of damages of the boat or to persons, the charterer has to write a protocol giving the
reason and the course, and if necessary also the name of the opponent of collision and the afore
mentioned has to wait for objective confirmation by an official expert or the harbour captain or the
doctor respectively.
In case of fire on or theft of the yacht or the equipment, the charterer has make a report at police
immediately.
Grounding, linen which have come into the propeller or other things like that, have to be noted in
the logbook in any case and immediately be reported verbally to the base leader of the terminal
ground after the arrival in the Marina Vrsar or any other return harbour.
If a small damage or loss of equipment does not impede the continuation of the journey, the
charterer has to return 24 hours before the end of charter in order to remove the damage, so that
the beneficiary for the following charter is not delayed.
8. Take-over of the yacht
The yacht is handed over to the charterer in the start harbour with full tank and ready to sail. The
proper condition of the boat, function and completeness of the equipment and the inventory have
to be checked and confirmed by the charterer together with the AMS company or its
representative with the help of the equipment list.
9. Repatriation and return of the yacht
The charterer has to return to the start harbour within the scheduled period and has to
communicate the AMS company or its representative on location his presence. A prolongation of
the agreed charter time is not possible without the consent of the AMS company. A predictable
delay has to be reported to the AMS company or its representative immediately by phone. In case
of delayed return of the yacht, the AMS company can claim compensation. If the charterer leaves
the yacht at another place, as the one agreed, he has to pay the costs for the repatriation of the
boat by land or by water, as long as these costs are not beared within the scope of an insured
event. The return is only considered to be made, if the yacht is again at the return harbour.
After the end of the cruise, the charterer hands over the refuelled and regularly reequipped boat to
the AMS company or its representative responsible for the check of condition and completeness.
Lost or damaged objects or those, which are not able to work any more have to be reported on
return.
The end cleaning of the yacht has to be made by the base leader. For the end cleaning of the
yacht on location an amount up to 215,- Euros is than due and has to be paid directly to the base
leader.
10. Withdrawal
If the charterer can not occupy the charter in the scheduled time due to reasons the owner or the
AMS company are not responsible of, the charterer is nevertheless obliged to pay the complete
charges of the charter contract, provided that he is responsible for the reasons. The AMS
company however will do its best to find a substitute immediately. If a substitute for charter is
found, the so far payed charges will be refunded, after the accrued expenses and a processing fee
of 100,- Euro are deducted. Otherwise the AMS company is still entitled to the complete charter
charges according to the contract. In case of a part charter as an alternative, the resulting
difference is repayed. An insurance for the costs of withdrawal from the journey is absolutely
recommended.
11. Liability of the AMS company
If the boat can not be made available by the AMS company in time and they can offer no boat as a
substitute which is similar in value, the charterer has the right to withdraw from the contact upon
expiration of 24 hours after the charter began. All payments made from this contract will
consequently be refunded to the charterer. If it is already certain before the day of the journey, that
AMS can not make available the yacht or another boat as substitute, AMS is obliged to inform the
charterer immediately, so that a journey is not necessary.
Futher claims (e.g. costs for journey or overnight stay, premia for journey insurances etc) are
excluded. If the charterer does not withdraw from the contract, he keeps the claim of proportionate
costs for the time, the boat is available at a later date. If parts of the equipment have been
damaged or lost while a previous charter, without the possibility to get the corresponding
replacement before the start of the new charter, the charterer can not withdraw from the contract
for that reason or claim diminuition towards the AMS company, unless the boat would thereby be
affected in its seaworthiness.
If after the take-over of the boat by the charterer, a wear and tear damage or other defects on the
trunk, the tackle or the machine appear, which have not been discovered by the AMS company or
its representative during the handover and if the cruise therefore has to be discontinued, the
charterer can claim refund of the proportionate charter charges for the days the yacht can not be
used (diminuition). Further claims, particularly for costs of catering, journey or overnight stay, lost
holidays, damages for pain and suffering, loss of earnings or others are expressly excluded. The
charterer also has no claims towards the AMS company, if there are damages or defects, caused
by act of God or a third party. The lack of individual parts of equipment or single small defects,
which do not affect the use and seaworthiness of the yacht, do not authorize the charterer to
reduction claims.
Since it is not possible for the AMS company to make the necessary corrections for the sea maps
and nautic documents in the course of the season, it is not liable for damages or claims, which are
caused by faults in the navigation documents.
Otherwise the AMS company is liable for intentional and gross negligence, even for its auxiliary
persons up to the double amount of the agreed charter charges according to the contract. Further
rights of recourse are excluded.
The charterer and his crew use the yacht and its equipment for the rest at their own risk (the
liability between skipper and crew is settled in a liability agreement, as it is advisable). Possible
claims for compensation from the charter are adressed to the owner and have to be asserted at
the latest 14 days after the end of the charter by a certfied letter to the AMS company. Rights of
recourse can only be considered, if the corresponding facts of the matter have been confirmed for
the charterer at the berth of the yacht by the representative on location. It is not possible to assert
not blamed defects later. Claims for compensation are limited until the maximum amount of the
agreed charter charges. All claims beyond this are excluded, unless the AMS company or the
owner acted grossly negligent.
12. Liability of the charterer
In case of violation of the obligations agreed by contract, the charterer is liable towards the AMS
company for all resulting consequences. If the AMS company is made liable for actions or failures
of the charterer by a third party, the charterer exempts the AMS company from all legal
consequences.
For the rest the charterer is liable for all damages caused by him or his crew. The liability is
however limited to the cost sharing in case of damages which are covered by one of the
insurances mentioned under 3.
13. Place of jurisdiction
The parties agree in using the law of the republic Croatia. The place of jurisdiction is Pula. If
individual regulations of the contract are invalid or inoperative, the validity of the contract for the
rest is thereby not affected, the contracting parties are commited mutually, to replace the
inoperative regulation by a economically equivalent effective regulation.
14. Miscellaneous
Verbal arrangements are only effective, if they are confirmed in writing by the AMS company.
The skipper is obliged to ensure, that the whole crew does not enter the boat with footwear, that is
worn ashore.
15. AMS – Security Deposit Replacement (Deposit Insurance)
If desired, the charterer can conclude the replacement of the deposit with this charter contract. A deposit is then not required. The deposit is up to €1,500
1. Insured risk Claiming the deposit in the event of hull damage to the chartered yacht. The deductible is € 100 per damage event (excess). In the event of theft, the deposit will only be replaced if the theft has been reported to the police. Proof must be presented at the base!
2. Exclusions: The replacement is free of benefits if the damage was caused intentionally or through gross negligence. Lost items are not covered! Damages caused by not closing the bathing platform during docking maneuvers are excluded from the deposit replacement. If the yacht has the "Code Zero" light wind sail, damage caused to it is excluded from the deposit replacement.
3. Security Deposit Replacement Bonus The deposit replacement premium is
For 1 week:
€70 Bav30-Bav32 €90 Bav37-Bav39 €100 Bav40-Bav42 €120 Bav45-Bav46 €140 Bav50-Bav51
From 8 days:
€100 Bav30-Bav32 €120 Bav37-Bav39 €140 Bav40-Bav42 €170 Bav45-Bav46 €190 Bav50-Bav51
The premium is paid separately next to the charter fee to the Fa. AMS IBAN DE64 7906 9188 0000 0066 61 BIC GENODEF1SLZ Raiffeisenbank im Grabfeld eG - in Germany The premium is due for payment upon conclusion of the contract. If the premium is not transferred or paid when the contract is concluded, the replacement deposit is deemed not to have been completed, even if you tick the replacement deposit in the contract. The deposit replacement is not valid if the award has not been transferred. Only valid for yachts from the AMS fleet.
