1. Registration - Booking
The booking is closed between the respective owner, represented by LUZMAR Lda - as the stated above LUZMAR - and the charterer as the person appearing in the charter registration form.

The Charter contract becomes valid after

a) the charter registration has been signed by the charterer (official closing for the charterer)
b) the charter registration has been confirmed by LUZMAR and
c) the pre-payment of 50% has been received by LUZMAR

2. Payment
Pre-payment is due immediately after receiving our travel confirmation.
The balance of the charter fee is due 30 days prior to the scheduled travel date. If the booking is made later than 30 days prior to the travel date, the total sum is due upon receipt of our travel confirmation

3. Use of the Ships
The charterer commits himself, to handle the ship and its equipment carefully and to follow marine tradition, further
- not to pass the use of the yacht to a third party
- not to transport people or good for payment
- for safety reasons not to transport additional people on the boat other than those specified in the crew list
- not to carry un-declared, customs enforced goods on board
- to report correctly to port authorities, in particular, clearing in and out of ports of call
- to consider the laws at ports of call
- not to participate in regatta competitions
- to keep a clear log book, duly and leave it on board
- to regard the necessary control intervals at sea, e.g. position checks, technical matters, water, engine etc.
- not to take any animals on board
- if having to be tugged, to pre-negociate the tugging fees
- not to leave the harbour at winds of 7 Bft. and more (Unless in cases of emergency in the harbour)

The charterer is completely liable to LUZMAR in case of any non-compliance.

4. Repairs and damages, nautical average
If damage occurs during the charter, which is caused by normal material wear and tear, up to a value of 200 €, the charterer must immediately properly repair the damage, keeping copies of all receipts to later submit them to LUZMAR for reimbursement. Exchanged parts are to be kept.
With significant damages and nautical average, possible delays, losses, inability to manoeuvre, seizure or obstruction of the ship by authorities or an outsider LUZMAR must be immediately informed. The charterer must fully undertake to minimize damages and the after effects (resp. cancelling out etc.) It is recomended to prearrange and confirm with LUZMAR repair guidelines, supervision, recording and prepayment conditions.

If the charterer holder is responsible for damages or fails to abide to the terms and conditions of the contract, he is liable for costs leading to the cancellation of other charter contracts and eventually other direct and indirect costs. In case of damage to the yacht or persons the charterer must complete all necessary documentation and have it confirmed(by port captain, physician, average adjuster etc.). If the damage cannot be repaired on site and due to the circumstances a return of the boat is justifiable, the charterer will return the yacht -after agreement with LUZMAR - to permit the repair at a docking point to be carried out before the following charter. If LUZMAR is responsible for the damage, LUZMAR will reimburse the fees for the cancelled time.

5. Cancellation and Charges
If the charterer is unable to fulfil the charter contract, he is to immediately inform the charter company. If an alternative charter can be booked, all payments made will be refunded after a deduction of a handling charge of 150,-€. In all other cases LUZMAR is entitled to the full charter fee according to the contract or if partial charter time remains, on the difference of the amount plus expenses and handling charges. We strongly recommend taking out travel cancellation or withdrawal insurance.

If LUZMAR is unable to make available the yacht of your choice, and can not provide a similar alternative yacht of the same value, then the lease holder can cancel the contract at the earliest 24 hours after the scheduled charter time.

Reduced charter time will be refunded pro rata to the charter price. Other added claims are not admissible.
If the charterer does not withdraw from the contract, he is then entitled to ask for pro rata compensation for the day (s) he was unable to use the contracted boat.

Delays through repairs during the charter time are not recompensed.
If the charterer leaves the yacht at another than agreed location, for what ever reason, the charterer carries all costs related to the return of the yacht by sea or land.

Delayed returns will be charged at 50,-€ for each additional hour beyond the contracted charter period. The charter contract is considered extended until the yacht has been returned. Damage to the yacht and its equipment, which do not impair the yachts seaworthiness and allow the further usage of the yacht, do not entitle the charterer to deductions or to withdrawal.

6. Commencement of the Charter
The yacht will be handed over to the charterer fully filled (water, oil, diesel). Before taking over of the ship the yacht´s conditions and the completeness of the equipment and inventory will be examined with an inventory list and confirmed through signature (Any discrepancies that may later arise on part of the charterer as to the condition of the ship and its equipment are no longer applicable). This also applies to the electrical and electronic instruments.

7. Return
At the end of the Charter, the charterer must return the yacht to LUZMAR with full diesel and water tanks, in clean condition and prepared for final inspection.
If the yacht is not returned fully tanked, it will be filled at the charterer´s expense. If the ship is returned in an unclean condition, a minimum cleaning fee of 75,-€ is due. A clogged toilet will carry a fee of 125,-€ per toilet. Deposits will be completely refunded at the end of the charter if there is zero damages. With damages or losses the deposit will either be completely or partially retained, depending on the extent of the damage, until the final assessment is completed, in case an immediate bill is not available.

8. Delays, Extensions, and Returns
The ship must be returned to the home port (if not agreed otherwise), and be checked out at the stipulated time. An extension to the agreed charter time is not possible without written consent from LUZMAR . Difficulties caused by weather conditions do not affect the punctual return time. The charterer has to absolutely return the ship at the contracted time. If the return of the ship is delayed for what ever reason (also related to poor weather), a late-return fee will be due, plus damages caused by the delay/cancellation of another charter. If the journey has to end at another than agreed harbor, LUZMAR is to be informed in time. In this case the charterer either commits himself or a qualified crew member for supervision of the ship, until LUZMAR takes over. The ship is regarded appropriately handed over, when LUZMAR has it in its possession. The charterer carries any extra costs and fees related to the yachts redelivery to another but the contracted return port.

9. Charterer's liability to LUZMAR
For contract violations the charterer is liable to LUZMAR for all damages caused. Should LUZMAR become liable to a third party due to actions of the charterer, the charterer frees LUZMAR from such claims. Losses or damages to the yacht or to the equipment - except from natural wear - are carried by the charterer including the costs for exchanged parts and repair not covered by insurance, including successive costs for willful or gross negligence. With delayed or incompleted damage reports, damage may not be covered by insurance, in which case the charterer assumes responsibility for the entire damage.

LUZMAR and it´s support team and partners are only liable - except in case of contractual failure - for intent and gross negligence up to triple the amount of the charter fee. Further claims are excluded. Damage claims are also limited up to triple the amount of the charter fee. All other claims (as trip- and overnight expenses, compensation for personal suffering, lost earnings, vacation enjoyment) are excluded.

LUZMAR is not liable for any incidents or outcomes as a result of at war, atomic accidents, strikes, public disorder, terror, sabotage, natural disasters, force majeure etc. LUZMAR is not liable for damage, that is caused from inaccuracies, changes and mistakes in the nautical support material placed on disposal, for example nautical maps, handbooks, compass, nautical direction finder, AP-Navigator, etc. Before commencing the journey the charterer is to inform himself in detail of the sailing area, currents and changing water heights at strong winds.

10. Crew
The charterer has to present a named crew list no later than 7 days before the charter begins. The charterer agrees only to take these persons according to this crewlist on board.

11. Insurance
Our Charter-yachts are insured with HAMBURGER YACHTVERSICHERUNG Hamburg, as follows:
1. Yacht-full coverage with 2.000,- EURO excess
2. Yacht-liability, covered amount per damage
3.000.000,-EURO lump sum for personal/ property damages
75.000,- EURO for asset damages - 75.000 EURO for rental damages
3. Boat passengers /accident death 150.000,-EURO, with permanent invalidity 300.000,- EURO - rescue costs: 11.250, EURO - These insurance benefits are included in the charter prices.

12. Jurisdiction
Jurisdiction for all contract disputes, also over its total or partial legal effectiveness, is Frankfurt, Germany. Verbal agreements are only effective after written confirmation. Information will be from best knowledge, however given without assurance. Corrections from print- and calculation errors remain reserved.