Terms and Conditions
General terms and Conditions
Contractual Conditions for Boat Rental (hereinafter referred to as "Contractual Conditions")
1. INTRODUCTORY PROVISIONS
1.1. These Contractual Conditions are valid for all boat rentals brokered by Plujeme rádi s.r.o., Company ID: 090 12 141, with its registered office at Prague 1, Dlouhá 730/35, Postal Code 110 00, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 329132 (hereinafter referred to as "Plujeme"). It operates in the Czech market as a travel agency primarily through the website www.plujeme.cz. Unless expressly stated otherwise in these General Terms and Conditions ("Terms"), they apply to the offering and sale of tours and travel services under the Plujeme brand.
1.2. These Contractual Conditions form an integral part of the boat rental agreement or any other agreement concluded between the lessee and the charter company represented by Plujeme as an intermediary, the subject of which is the provision of a boat to the lessee for use (hereinafter referred to as "boat rental agreement"). A boat is defined as a sea yacht or catamaran intended for sea navigation.
2. PARTICIPANTS IN THE BOAT RENTAL CONTRACTUAL RELATIONSHIP
2.1. The participants in the boat rental contractual relationship (contracting parties) are: a. The charter company directly providing the boat rental, represented by the charter agency Plujeme rádi s.r.o. as its intermediary (hereinafter referred to as "lessor"); b. The customer, who may be a natural or legal person (hereinafter referred to as "lessee").
2.2. The contractual relationship between the lessor and the customer for the boat rental is governed by a written boat rental agreement, the lessor's general terms and conditions, and these contractual conditions to the extent that the lessor's general terms and conditions do not apply. For the avoidance of doubt, the lessor's general terms and conditions take precedence over these contractual conditions.
3. SUBJECT OF THE BOAT RENTAL CONTRACTUAL RELATIONSHIP
3.1. The subject of the boat rental contractual relationship is the lease of a boat by the lessee from the lessor, brokered by Plujeme. These contractual conditions then regulate the rights and obligations of the contracting parties in the boat rental to the extent that the lessor's general terms and conditions do not apply.
4. FORMATION OF CONTRACTUAL RELATIONSHIPS
4.1. The contractual relationship between the lessee and the lessor, with the subject as defined in Article 3 of these contractual conditions, arises upon the conclusion of the boat rental agreement, i.e., at the moment of payment of the first payment (i.e., deposit in case of splitting the boat rental price into two payments or so-called small deposit in case of splitting the boat rental price into three payments) within the due date specified in the boat rental agreement or by paying the first payment after the due date if Plujeme immediately after receiving the payment from the lessee confirms the rental arrangement to the lessee.
4.2. The contractual relationship arises between the lessee and the lessor. Plujeme, as the intermediary of the lessor, acts on behalf of and for the account of the lessor and respects the rights and obligations of the lessor. Rights and obligations from the brokered boat rental agreement regarding this rental arise only between the lessor and the lessee.
4.3. By paying the first payment, the customer confirms that they are fully acquainted with the content of the agreement, agree with it, and simultaneously confirm that they have received all attachments forming an integral part of the agreement and thus accept and agree with all contractual and general terms and conditions.
4.4. Upon the conclusion of the boat rental agreement, the lessor commits to ensuring the provision of the boat rental service to the lessee in the agreed scope and quality and in accordance with the agreed conditions.
4.5. The lessee's right to receive the ordered service arises upon the conclusion of the boat rental agreement, provided that if the lessee does not pay the full price of the boat rental within the agreed terms, the lessor is entitled to withdraw from the agreement.
4.6. The obligation of the lessor to make a binding reservation of the boat (ordered boat rental service) for the lessee arises at the moment of the conclusion of the boat rental agreement.
5. PRICE AND PAYMENT CONDITIONS
5.1. The price of the boat rental includes the lease of the boat, its equipment, statutory insurance of the boat, and the services of the lessor's service station. All fuel, port fees, and other related costs with the operation of the boat (e.g., customs fees) are at the lessee's expense.
5.2. The lessor is entitled to request payment of the boat rental price before providing it, within the terms stated in the boat rental agreement. Any payment according to the boat rental agreement is considered settled when the amount is credited to the bank accounts of Plujeme maintained at the respective financial institution in CZK or EUR or by payment card. The choice of currency is at the lessee's discretion. The amount in CZK or the CZK/EUR exchange rate is determined by Plujeme according to the current exchange rate of Komerční banka a.s.
5.3. Upon concluding the boat rental agreement, the lessee deposits a down payment to Plujeme's account (for payment, the provisions of point 5.2 apply) within 2 (two) working days from the date of concluding the boat rental agreement. All payments intended for the payment of the boat rental price, whether in the form of deposits or the balance of the price, are again transferred by the lessee to Plujeme's account within the terms specified in the boat rental agreement and mentioned in the payment schedule. In the event of the rental term starting within less than 45 (forty-five) days (and in some cases within 60 (sixty) days) from the conclusion of the boat rental agreement, the lessee is obliged to pay 100% of the boat rental price. It is the lessee's duty to meet this deadline without reminders from the lessor or Plujeme. Plujeme must receive the full amount on the account stated in the agreement. All payment terms contained in the boat rental agreement are binding on the lessee from the date of ordering the rental.
5.4. In case of non-compliance with any payment deadline for the rental price or deposits towards this price or its balance by the lessee, the lessor is entitled without further notice to immediately withdraw from the boat rental agreement. In such a case, the lessor is also entitled to a contractual penalty corresponding to the compensation according to Article 9, paragraph 9.5 of these contractual conditions. The contractual penalty, compensation (cancellation fees), as well as the payment of fees for changing the agreement according to Article 8, paragraph 8.4 at the lessee's request, are due immediately. The lessor is also entitled to unilaterally offset the contractual penalty against the total amount of payments received from the lessee until the effective date of withdrawal. The lessor or Plujeme will notify the lessee in writing of the offset by registered letter or email to the lessee's email address.
5.5. If there are significant errors in the calculation of the price in the boat rental agreement, then according to the valid price list of the lessor, both parties have the right to correct these errors without affecting the validity and effectiveness of the agreement itself.
6. RIGHTS AND OBLIGATIONS OF THE LESSEE
6.1. The basic rights of the lessee include:
a. The right to properly receive the contractually agreed and paid services.
b. The right to request information about all decisive facts known to the lessor and relevant to the agreed and paid services.
c. The right to be informed of any changes to the agreed services.
d. The right to withdraw from the agreement at any time before the start of the boat rental under the conditions stated in Article 9 of these contractual conditions.
e. The right to notify the lessor or Plujeme in writing of a change in the crew member instead of the original crew member listed on the crew list, provided the maximum allowed number of persons on board is not exceeded. If the lessee requests a change in the crew list less than 48 hours before the start of the boat rental, the lessor is entitled to charge 50 EUR for each such change.
f. The right to claim defects in the boat rental service; the lessee is obliged to lodge a complaint immediately upon returning the boat directly with the lessor by drafting a separate complaint protocol or recording it in the handover protocol or otherwise according to the lessor's general terms and conditions.
6.2. The basic obligations of the lessee include:
a. Providing the lessor or Plujeme with cooperation necessary to properly secure and fulfill the contractually agreed services, in particular by fully and truthfully completing the required data in the boat rental agreement, crew list, or boat rental service order, notifying of any changes to this data, and providing other necessary documents required for the proper provision of the boat rental service according to the specific requirements of the lessor.
b. Without unnecessary delay, notifying the lessor or Plujeme of their stance on any changes in the conditions or content of the agreed services.
c. The customer must equip themselves with documents required for entry into the respective countries where the boat rental service is to be used, including for stay and transit (valid passport with required validity period, visa, proof of health insurance, etc., if required).
d. Paying the boat rental price in accordance with the provisions of Article 5 and the boat rental agreement.
e. Receiving from the lessor or Plujeme the necessary documents for the subsequent use of the agreed boat rental service and arriving on time at the place of boat handover (boarding) with all required documents to smoothly use the boat rental service.
f. Conducting themselves in a way that avoids any harm to the health or property of the service providers of the Lessor or Plujeme and compensating for any damage caused by their actions.
g. Paying the rental price of the boat in accordance with the provisions of Article 5 and the boat rental agreement.
h. Collecting from the Lessor or Plujeme the necessary documents required for the subsequent use of the agreed boat rental service and arriving on time at the location of boat handover (boarding) with all necessary documents, so as to ensure the smooth usage of the boat rental service.
i. Conducting themselves in a way that avoids any harm to the health or property of the service providers of the Lessor or Plujeme and compensating for any damage caused by their actions.
j. Ensuring timely and proper assertion of any claims against the Lessor.
k. In case of withdrawing from the agreement, the lessee is obliged to inform the Lessor or Plujeme in writing and pay the withdrawal fee according to Article 9 of these contractual conditions.
l. The lessee or the captain of the boat must hold the necessary permissions to operate the sea yacht in the specific location and of the specified size, possessing the knowledge and experience required for handling/operating the sea yacht. In certain areas, radio operator permission is also required unless it is included in the captain’s license.
m. The lessee agrees to take on board only as many people as allowed for the yacht under the boat rental agreement and listed in the crew list.
n. The lessee agrees to use the boat only for recreational or sport sailing in compliance with applicable navigation and customs laws, excluding any commercial trade, profitable fishing, further leasing, commercial transportation of persons or goods, competitions, and similar activities. Exceptions require prior written consent from the Lessor. The boat is designated for navigation on internal or open sea waters. Entering the territorial waters of other states than the departure state is permitted only with the written consent of the Lessor. In case of violating this regulation, the lessee is solely responsible to maritime and customs authorities, criminal and all other legal institutions, especially in case of confiscation of the boat as a rental object, in all cases including accidental negligence. The lessee is liable to the Lessor for all damages and expenses arising from violating the above regulations and rules.
o. In case of urgent necessity, if the situation requires, the lessee may have the boat towed by other vessels but must always request consent from the Lessor (except in life-threatening events).
p. When notified of hazardous weather conditions (in any case when the wind is 5 Bft or higher), the lessee must not leave a safe harbor or must find the nearest port or suitable anchorage. On the open sea, the lessee is not allowed to anchor or must ensure that the boat can be immediately moved in case of imminent danger. The lessee may call the Lessor's representative at the base port at any time or contact Plujeme through their assistance number. Minor damages not preventing further sailing must be reported by phone to the Lessor’s base manager at the number provided in the boat handover protocol.
q. In case of an accident (collision, rupture, fire), burglary, and damages over 500 EUR, the lessee must immediately contact the Lessor, have a damage report prepared and confirmed by all involved parties, and if necessary, request assistance from the police, port authority, or other authorities. Any burglary or theft of any equipment must be reported to the police. If the lessee fails to comply with these formalities required by the insurer, they may bear all costs resulting from the accident or burglary. The same applies to boat confiscation.
r. Non-use of the boat due to unforeseeable damaging events during the rental period does not entitle the lessee to a full or partial refund of the rental price.
s. The lessee, together with the completed crew list, must provide the Lessor or Plujeme with a copy of the captain's license or any other required permission via email no later than 14 days before the start of the rental or immediately after concluding the boat rental agreement if the sailing date is less than 14 days away. The Lessor is not responsible if these documents are not received in time, and the lessee cannot sail or sails with a delay due to missing information. The Lessor may charge a fee for an undelivered crew list and necessary permissions to operate the boat.
t. All costs and damages incurred by the lessee due to non-compliance with the obligations listed in this article are borne by the lessee. u. The Lessor is not responsible for damage caused by force majeure circumstances such as war, atomic accidents, strikes, uprisings, terrorism, sabotage, pandemics, or natural disasters.
7. OBLIGATIONS AND RIGHTS OF THE LESSOR
7.1. The Lessor is obliged to provide truthful information to the lessee about all decisive facts related to the agreed services that are known to the Lessor and are important for the lessee.
7.2. The Lessor is not obliged to provide the lessee with any service beyond the contractually agreed, confirmed, and paid boat rental service.
7.3. In all ongoing communications between the lessee and the Lessor or Plujeme employees, adherence to ethical standards and applicable laws is necessary. Any conduct incompatible with the right to personal protection (specifically, any conduct affecting civil honor, human dignity, privacy, personal name, etc.) is absolutely prohibited. Any mockery, defamation, threats of harm to health, or other gross conduct contrary to the mentioned legal regulations are completely unacceptable. If such undesirable behavior occurs, the Lessor and the lessee may terminate all mutual communication without further notice. Such behavior is considered a substantial breach of the boat rental agreement.
8. CANCELLATION AND ARRANGEMENT OF SERVICES
8.1. The Lessor is entitled to cancel the boat rental and withdraw from the boat rental agreement in cases specified in the lessor’s general terms and conditions. If possible, the Lessor will offer the lessee a substitute boat rental corresponding as closely as possible to the original agreement. If the lessee agrees, the parties will conclude a new boat rental agreement with the substitute rental object. If the substitute boat is of lower quality (type, year of manufacture, number of cabins, etc.) and the lessee agrees to the substitution, the Lessor will refund the price difference without unnecessary delay.
8.2. If external circumstances prevent the Lessor from providing the boat rental under the specified and contractually agreed conditions, and the Lessor is thus forced to change the rental conditions before the start of the boat rental, the Lessor is obliged to notify the lessee of such changes without delay and propose a change to the boat rental agreement. If the proposed change involves substituting the originally selected boat with a lower-quality boat (type, year of manufacture, number of cabins, etc.), the lessee has the right to decide whether to accept the change or withdraw from the boat rental agreement.
8.3. If the lessee does not withdraw from the boat rental agreement within 7 (seven) days of receiving the proposal to change the boat rental agreement, it is assumed that the lessee agrees with the change. At this moment, the change to the boat rental agreement becomes legally effective. If the change in the agreement leads to an increase in the boat rental price, such a price difference is borne by the Lessor. If the change leads to a decrease in the boat rental price, the Lessor is obliged to either reduce the balance of the total rental price if not yet paid by the lessee or refund the price difference without unnecessary delay if the lessee has already paid the total rental price.
8.4. If the lessee disagrees with the change to the boat rental agreement and withdraws from the agreement in writing within 7 (seven) days of receiving the proposal to change the agreement, the procedure outlined in paragraph 8.1 will be followed. If possible, the Lessor will offer the lessee a substitute boat rental corresponding as closely as possible to the original agreement. If the lessee agrees, the parties will conclude a new boat rental agreement with the substitute rental object. If the substitute boat is of lower quality, the Lessor will refund the price difference without unnecessary delay. If the lessee does not select any substitute boat rental, they are entitled to a refund of the amounts paid for the boat rental price. The lessee does not have the right to withdraw from the boat rental agreement in case of changing the type and model of the boat by the Lessor due to damage, malfunction, or other circumstances leading to the necessary change of the boat, provided that at least the same age (year of manufacture), number of cabins, and type of boat (e.g., sailboat/catamaran/motorboat) as specified in the boat rental agreement are maintained.
8.5. The lessee is entitled to transfer the boat rental agreement to another person with the prior consent of the Lessor, provided that this person is capable of operating the boat and holds the prescribed permissions for operating the boat.
8.6. Changes to the agreed contractual conditions based on the lessee's individual request will only be made by the Lessor if it is objectively possible and if the Lessor agrees. Implementing such changes is subject to a fee as follows: a. A lessee's request to change the boat rental agreement involving a change in the rental term or extending the rental period, or changing the type and model of the boat or departure location, made no later than 45 days before the rental start date, is subject to a fee of 80 EUR for each individual change. If the request is made within less than 45 days before the rental start date, the request is considered a new service order, and the original boat rental agreement is considered canceled unless the Lessor deems the lessee's request for a change acceptable. The Lessor assesses individual change requests and is always entitled to charge fees for changes to the agreement according to this paragraph. Fees are charged for each individual change to the boat rental agreement. b. In case of shortening the rental period by the lessee or non-use of the boat rental service based on the lessee's own decision, the price for the unused or not utilized service is non-refundable.
8.7. If weather or climatic conditions or extraordinary circumstances prevent the boat from departing the port/marina due to the Lessor's breach of the terms, such as wind strength, wave size, etc., the lessee is not entitled to compensation or any other replacement.
9. WITHDRAWAL FROM THE BOAT RENTAL AGREEMENT AND WITHDRAWAL FEE (CANCELLATION FEES)
9.1. The Lessor is entitled to withdraw from the boat rental agreement before the start of the rental service, which is the subject of the contractual relationship according to Article 3 of these contractual conditions, due to: a. Breach of the lessee's obligations, or b. Cancellation of the boat rental according to Article 8, paragraph 8.1 of these contractual conditions. A written notice of withdrawal from the agreement stating the reason shall be sent by the Lessor to the lessee's email or residential/office address or any other contact address provided by the lessee in the agreement, with the withdrawal taking effect on the day of delivery to the lessee, but no later than the 10th (tenth) day after the date of dispatch.
9.2. The lessee has the right to withdraw from the boat rental agreement at any time before the start of the rental service: a. Without giving any reason, or b. If the lessee disagrees with the change to the boat rental agreement according to Article 8, paragraph 8.2. c. Due to the Lessor's breach of obligations arising from the boat rental agreement. In the withdrawal notice, the lessee shall provide basic information necessary to identify the boat rental agreement from which they are withdrawing (personal data of the lessee, contract number, etc.).
9.3. If the lessee's reason for withdrawing from the agreement is not a breach of the obligations specified in the agreement or if the Lessor withdraws from the agreement before the start of the rental service due to the lessee's breach of obligations, the lessee is obliged to pay the Lessor a withdrawal fee as specified in paragraph 9.5. (cancellation fees).
9.4. If the lessee's reason for withdrawing from the boat rental agreement is a breach of the Lessor's obligations specified in the agreement or if a new agreement according to paragraph 9.2.2 of this article is not concluded, the Lessor is obliged to return to the lessee without undue delay all amounts received for the payment of the services under the canceled agreement without the lessee being obliged to pay a withdrawal fee.
9.5. Withdrawal fee (cancellation fees) in case of withdrawal from the boat rental agreement: a. If the lessee withdraws from the boat rental agreement or if the Lessor withdraws from the agreement before the start of the rental service due to the lessee's breach of obligations, the lessee is obliged to pay the following withdrawal fee depending on the time of withdrawal from the agreement. The amount of the withdrawal fee (cancellation fees) depends on the time between the withdrawal and the contractually agreed moment of the rental start (boarding). The day of the rental start (boarding) is not counted in the number of days. b. If the lessee has paid only a small deposit according to the boat rental agreement, the Lessor has the right to claim the balance of the deposit up to 50% of the rental price if the boat rental agreement is terminated before the payment of up to 50%. In case of cancellation or termination of the boat rental agreement by the lessee within less than 45 days before the rental start, the Lessor is always entitled to 100% of the rental price (unless stated otherwise). c. If the Lessor manages to re-lease the vacated boat due to the termination of the agreement by the lessee, the Lessor may, at their discretion, return the amount paid by the lessee for the boat rental price, deducting all incurred costs of the Lessor and any discounts given to the substitute lessee. The decision is entirely at the Lessor's discretion and is not legally enforceable. d. If the lessee does not take over the boat or does not withdraw from the agreement in advance for reasons on their part, they are obliged to pay the Lessor 100% of the total predetermined rental price.
9.6. General cancellation fees: a. Time before the rental start (boarding) in which the Lessor or Plujeme received the withdrawal notice or withdrew from the agreement:
| Term of Withdrawal | Cancellation Fee (Withdrawal Fee) |
|---|---|
| More than 45 days (and in some cases 60 days) | 50% of the rental price |
| Less than 45 days (and in some cases 60 days) | 100% of the rental price |
10. COMPLAINTS OF DEFECTS
10.1. In case of a poorly provided or non-provided boat rental service, which is the subject of the boat rental agreement, the lessee has the right to file a complaint.
10.2. The lessee is obliged to assert the right to liability for defects in the boat rental service directly with the Lessor no later than on the day of returning the boat at the end of the rental period by drafting a separate complaint protocol or recording it in the handover protocol or otherwise according to the lessor's general terms and conditions. The lessee is entitled to complain about defects later through plujeme.cz only if it was not possible to assert the defects directly with the Lessor and without undue delay. If the lessee fails to promptly report a defect in the boat rental service due to their own fault, they lose the right to claim compensation for defects. The lessee is obliged to provide the necessary cooperation for resolving the complaint.
10.3. Only those services that are part of the contractual agreement (boat rental agreement) and subject to financial payment can be the subject of the complaint procedure.
10.4. The Lessor or Plujeme is obliged to address the complaint without undue delay, but no later than 30 days after receiving the complaint unless a longer period is agreed upon with the lessee.
10.5. The Lessor is not liable for the quality, price, or any damage arising from services or events not agreed upon in the boat rental agreement, organized by other entities and ordered by the lessee at the place of the boat rental service from a third party. The Lessor is not responsible for the lessee's activities and actions of third parties (construction work, noise in the marina, noisy neighbors, etc.), and the lessee is not entitled to compensation for such damage.
11. SPECIAL PROVISIONS
11.1. By concluding the boat rental agreement according to Article 4, paragraph 4.1, the lessee agrees that the Lessor or Plujeme processes and stores the personal data of the lessee to the following extent: name, surname, date of birth, residence, and their electronic contact for electronic mail, or any other contact address and phone number provided by the lessee.
11.2. The provided personal data of the lessee may be processed and stored by the Lessor or Plujeme for the purpose of offering trade and services provided or brokered by the Lessor or Plujeme, for this purpose using the lessee's name, surname, and address. The details of the electronic contact for electronic mail of the lessee may be processed and stored by the Lessor or Plujeme also for the needs of disseminating commercial communications.
11.3. The provided personal data of the lessee may be processed and stored by the Lessor or Plujeme in the scope according to paragraph 11.1 of this article and for the needs according to paragraph 11.2 of this article, either by themselves and/or through an authorized processor for a period of 5 years. After this period, the Lessor or Plujeme is obliged to destroy this data of the lessee.
11.4. The provided personal data of the lessee to the extent according to paragraph 11.1 of this article will be processed both automatically and manually, in electronic and printed form.
11.5. The provided personal data of the lessee to the extent according to paragraph 11.1 of this article may be disclosed by the Lessor or Plujeme to the authorized processor and further to those who are authorized to provide or offer and sell the boat rental services for the Lessor or Plujeme; and further in case of the electronic contact for electronic mail of the lessee, disclose to those authorized to disseminate commercial communications on behalf of the Lessor or Plujeme.
11.6. In processing the personal data of the lessee, the Lessor or Plujeme is obliged to ensure that the lessee does not suffer any harm to their rights, especially the right to human dignity, and to ensure protection against unauthorized interference with their private and personal life.
11.7. The lessee has the right to withdraw their consent to the processing of their personal data according to this article at any time in writing. In case of processing, storing, and using the details of the electronic contact for electronic mail of the lessee, the lessee has the right to send a refusal of consent for the use of their electronic contact to the email account of Plujeme, either free of charge or in the manner specified in each individual message received.
11.8. The lessee has the right to access their personal data, the right to correct their personal data, as well as other rights granted by the relevant legal regulations.
11.9. The Lessor is not responsible for the actions of the lessee.
12. OTHER PROVISIONS
12.1. Handover of the boat (check-in)
a. The boat will be handed over to the lessee according to the handover protocol in perfect, clean condition, capable of sea navigation. The lessee is obliged to perform a complete check of the boat, including all its parts and loose components before signing the handover protocol (check-in protocol). If the lessee finds any defects or deficiencies in the rental object (boat), they have the right to request the Lessor to immediately rectify them.
b. The Lessor does not guarantee the accuracy of electronic devices and the information contained in nautical maps and guides. However, if the lessee finds any electronic device to be non-functional upon taking over the boat, they must immediately report this to the Lessor and request its repair or replacement. If immediate repair or replacement is not possible, a report on the defect will be drawn up with the Lessor's representative handing over the boat, signed by both parties. Minor deviations due to wear or poor calibration of devices are considered satisfactory and do not constitute a basis for a complaint.
c. If, due to a breakdown during the previous voyage or any other obstacle, the Lessor is unable to make the rental boat available to the lessee no later than 24 hours after the agreed boarding time, the Lessor is obliged to either provide the lessee with a similar boat with the same number of cabins and at least the same age or refund the full rental price.
d. In case of delayed handover of the boat to the lessee (from the 4th hour after the agreed boarding time), the lessee is entitled to a refund of the corresponding proportional part of the rental price. The Lessor is not liable for any damage resulting from the delayed handover of the boat.
12.2. Return of the boat (check-out)
a. The lessee must return the boat and its equipment to the Lessor in its original and functional condition, considering normal wear and tear. The lessee must return to the base port/marina within the specified period and report their presence to the Lessor's representative. The lessee is liable for all costs and damages incurred by the Lessor due to the late return of the boat, if it occurred through their fault, taking into account the meteorological conditions that may occur in the area and must be considered when planning the voyage, without excluding the Lessor's claim for compensation for delayed return of the boat.
12.3. Security Deposit
a. When taking over the boat, the lessee deposits a refundable security deposit with the Lessor. The amount of the deposit is specified in the boat rental agreement. The deposit is equivalent to the Lessor's co-payment on the boat's accident insurance. The lessee is liable for damages caused to the Lessor up to the amount of their deposit, except in the following cases:
i. In case of confiscation of the boat by state institutions due to reasons specified by the laws of the country in whose territorial waters the boat is located. Reasons may include drug smuggling on board, smuggling goods, weapons, refugees, failure to comply with laws and regulations when leaving territorial waters, unauthorized navigation or movement in foreign territorial waters, unauthorized fishing, entering military or protected areas, etc.
ii. In case of late return of the boat when compensation for subsequent lessees is necessary. If the delay exceeds the amount of the deposit, the Lessor may claim compensation from the lessee beyond the deposit amount, based on the Lessor's valid price lists.
iii. In cases covered by insurance, the deposit is returned after deducting the set co-payment and all incidental expenses incurred due to the damage (phone calls, travel, and transportation costs, etc.) not covered by the insurance.
12.4. Boat Insurance
a. The Lessor or boat owner agrees to arrange the following insurance: i. Liability insurance for damages ii. Accident insurance for the boat with a co-payment for damages.
b. Personal belongings and crew members are not insured. The insurer and the Lessor are not liable for injuries and damages sustained by the lessee or their crew members on the boat.
13. FINAL PROVISIONS
13.1. These Contractual Conditions come into effect on October 1, 2023.
13.2. These Contractual Conditions are an integral part of the boat rental agreement concluded with the lessee.
