Business Terms and Conditions
These Terms and Conditions do not establish a choice of law.
The applicable law and jurisdiction are determined exclusively by the Yacht Charter Agreement and the terms and conditions of the respective charter company. These Terms and Conditions serve as supplementary conditions and apply only where they do not conflict with the charter company's terms and conditions, which always prevail.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions apply to all yacht charters mediated by Umbrella Yacht s.r.o., registered office: ID No.: 02992116, Pramenná 3, 148 00 Prague 4, registered with the Municipal Court in Prague, Section C, Insert 171300 (hereinafter referred to as "UMYA") for foreign charter companies.
1.2. These Terms and Conditions form an integral part of the yacht charter agreement or any other agreement concluded between the charterer and the charter company represented by UMYA as intermediary (hereinafter the "Yacht Charter Agreement"). A yacht means a sailing yacht, catamaran, motor catamaran, motor yacht, speedboat or any other vessel intended for navigation at sea.
2. PARTIES TO THE YACHT CHARTER AGREEMENT
2.1. The parties to the yacht charter legal relationship (the "contracting parties") are:
a) the charter company providing the yacht rental, represented for this purpose by UMYA as its intermediary (hereinafter "ChartSpol");
b) the customer, being either a natural person or a legal entity (hereinafter the "charterer").
2.2. The relationship between ChartSpol and the charterer is governed by the Yacht Charter Agreement, the terms and conditions of ChartSpol, and these Terms and Conditions to the extent that the terms and conditions of ChartSpol do not apply. The terms and conditions of ChartSpol always take precedence.
2.3. Applicable law and jurisdiction are determined by the Yacht Charter Agreement and the terms and conditions of ChartSpol. These Terms and Conditions apply only as supplementary rules and do not modify the choice of law or jurisdiction clause.
3. SUBJECT OF THE AGREEMENT
The subject of the yacht charter relationship is the lease of the yacht to the charterer through UMYA. These Terms and Conditions regulate the rights and obligations of the parties to the extent that the terms of ChartSpol do not apply.
4. FORMATION OF THE CONTRACTUAL RELATIONSHIP
4.1. The contractual relationship arises upon confirmation of the charter reservation by ChartSpol or UMYA, or upon signing the Yacht Charter Agreement. If concluded remotely, UMYA shall send the charterer a written Yacht Charter Agreement via e-mail.
4.2. The contractual relationship arises between the charterer and ChartSpol. UMYA acts on behalf of ChartSpol. Rights and obligations arise solely between ChartSpol and the charterer.
4.3. By signing the agreement or by not raising objections within 2 business days of receipt, the charterer confirms that he/she agrees with its content and has received all attachments.
4.4. By signing the Yacht Charter Agreement, ChartSpol undertakes to provide the yacht charter service to the agreed extent and quality.
4.5. If the charterer fails to make payments within deadlines, ChartSpol may withdraw from the agreement.
4.6. The yacht reservation becomes binding at the moment the Yacht Charter Agreement is concluded.
5. PRICE AND PAYMENT TERMS
5.1. The charter price includes the yacht, its equipment, statutory vessel insurance and the services of ChartSpol's base office. Fuel, marina fees and other operating costs are paid by the charterer unless otherwise agreed.
5.2. Payments are considered made once the amount is credited to the UMYA bank account or paid in cash/card.
5.3. ChartSpol may require a deposit of 5–50 % of the charter price.
5.4. The charterer must pay the deposit within 2 business days of signing the agreement to the UMYA bank account. Banking fees are shared equally. UMYA must receive the full amount.
5.5. Failure to meet payment deadlines entitles ChartSpol to withdraw and charge contractual penalties.
5.6. Errors in pricing calculation may be corrected without affecting the validity of the agreement.
6. RIGHTS AND OBLIGATIONS OF THE CHARTERER
The charterer has the right to proper provision of the agreed services, to information related to the charter, to withdraw from the contract under Article 9, and to file complaints.
The charterer must provide truthful data, comply with payment terms, respect safety rules, protect the yacht, and ensure the authorized person on board has valid skipper qualifications.
The yacht may be used only for recreational purposes, not for further rental or commercial activity.
7. RIGHTS AND OBLIGATIONS OF CHARTSPOL
ChartSpol must provide the agreed service and inform the charterer of all relevant facts. It is not obliged to provide services beyond what is stipulated in the agreement.
8. CANCELLATION AND CHANGES
ChartSpol may cancel the charter under its own terms and conditions. If possible, it offers a replacement yacht. Charter changes requested by the charterer may be subject to fees.
9. WITHDRAWAL AND CANCELLATION FEES
The charterer may withdraw at any time before the charter.
If withdrawn without justified reason:
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more than 35 days before charter: 50 % of charter price,
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less than 35 days: 100 % of charter price.
If ChartSpol successfully rebooks the yacht, the amount may be partially refunded after deducting incurred costs.
10. COMPLAINTS
Complaints must be submitted at check-out or afterwards through UMYA if not possible earlier. Complaints will be processed within 30 days unless otherwise agreed.
11. PERSONAL DATA PROCESSING
By concluding the agreement, the charterer agrees to the processing of personal data by ChartSpol and UMYA in accordance with GDPR.
Consent may be withdrawn at any time via e-mail: info@umbrellayacht.com.
12. HANDOVER AND RETURN OF THE YACHT
The yacht is handed over according to the check-in protocol and must be returned in normal used condition. A refundable security deposit is required.
13. INSURANCE
The yacht is insured with liability and hull insurance (with deductible). Personal belongings and crew are not insured.
14. FINAL PROVISION
These Terms and Conditions come into force on 1 July 2017 and form an integral part of the Yacht Charter Agreement.
