General Terms and Conditions
1. CONTRACTING PARTIES
The contracting parties are the charter company named in the contract and the charterer.
EZ TopYachts S.L., Ave. del Rei Jaume I, No. 2, 07180 Santa Ponsa, Balears, Spain (hereinafter referred to as the “Charter Company”), enters into this contract with the necessary and sufficient authority and legal right, whether through ownership of the yacht or other rights recognised under Spanish law, to fulfil all obligations and exercise and enforce all rights arising from this agreement. The Charter Company acts through its legal representative.
2. OBJECT AND PURPOSE
The subject of this contract is the yacht, the applicable charter fees, and the general and specific terms and conditions previously accepted by the charterer. Subject to all agreed terms and conditions, the charterer agrees to pay the charter fee, the security deposit, and any additional costs and fees using legally permitted payment methods and to the account specified in this contract, on the agreed due date for each payment.
These contractual terms apply solely to the yacht specified in the contract. In the case of other leisure equipment and/or water sports equipment, such as E-Foils, Jetboards, Seabobs, Jet Skis, Fliteboards, etc., these terms shall apply only on a subsidiary basis to the separately executed agreements governing such equipment (see “Terms and Conditions for Leisure Equipment and Water Sports Devices”), even where the quotation and/or provisional or final invoice includes all rented or chartered items.
3. PAYMENT OF CHARTER FEES AND OTHER CHARGES
The charter price includes the use of the yacht and its facilities. Extras and incidental expenses shall be calculated separately and shall not be included in any refund of the charter fees.
The charter price does not include:
- Mooring fees at other ports, including any associated incidental costs
- Fuel
- Gas
- Provisions
- Buoys
- Crew, unless included depending on the yacht and the specific offer
- Any expenses or measures necessary for the proper operation of the yacht during the charter period
Fifty per cent (50%) of the charter fee and any applicable delivery and/or return fees shall be paid to the Charter Company upon booking. The remaining balance shall be transferred no later than one calendar month before the start of the charter period, unless otherwise stipulated under “Conditions”. Payments shall be made to the account details provided at the time of booking.
4. SECURITY DEPOSIT
The security deposit shall be paid to the Charter Company at the beginning of the charter period and before boarding the yacht. Payment may be made using one or more confirmed credit cards or by bank transfer. In the case of a bank transfer, the funds must be received at least one business day before the start of the charter period. The Charter Company reserves the right to charge the security deposit to the charterer’s credit card.
5. RETURN OF SECURITY DEPOSIT
Unless otherwise agreed, the security deposit may be retained and used to cover any liability arising under the terms of this agreement as a result of any act or omission by the charterer. Any unused portion of the security deposit shall be refunded without interest within fourteen (14) days after the end of the charter period.
6. NAVIGATION AREA
The charterer shall restrict the operation of the yacht to the designated navigation area and to those regions within that area in which the yacht is legally authorised to operate. If the charterer fails to comply with this restriction, they shall be required to dock at the nearest suitable port at their own expense and, upon termination of the agreement, shall not be entitled to any refund of the charter fee or the security deposit.
7. MAXIMUM NUMBER OF PERSONS
At no time during the charter period may the number of guests on board exceed the maximum number specified on the first page of this agreement. If, in the reasonable opinion of the Charter Company or its representative, the charterer breaches this provision, the agreement may be terminated.
In such circumstances, the charterer shall be required to dock at the nearest suitable port and shall not be entitled to any refund of the charter fee or security deposit. The charterer shall also bear all costs associated with the lawful transfer of the yacht back to its home port.
8. HANDOVER AND ACCEPTANCE OF THE YACHT
a) The Charter Company shall ensure that the yacht is handed over to the charterer or their designated skipper in good and seaworthy condition, fully equipped, cleaned, and with appropriate levels of fuel, water and gas.
A detailed inspection shall be carried out using a checklist or inventory, and a written handover protocol shall be signed by both parties. By signing this protocol, the charterer confirms receipt of the yacht in proper condition. Any defects or missing equipment must be recorded in the protocol. Subsequent complaints regarding defects or missing equipment not recorded at handover shall be excluded.
b) The Charter Company reserves the right to withhold delivery of the yacht if the charter fee has not been paid in full, the required security deposit has not been provided, required documents are missing or invalid, or the charterer fails to appear at the agreed time without providing reasonable notice.
9. USE OF THE YACHT
In the case of a bareboat charter without crew, the charterer agrees that, if the Charter Company considers them insufficiently qualified to operate the yacht, they shall accept, at their own expense, the services of a captain appointed by the Charter Company until the charterer demonstrates sufficient competence to operate the yacht independently.
The charterer shall be responsible for ordinary operating costs and for any losses, damage or accidents caused intentionally or unintentionally during the charter period.
10. DELIVERY DELAYS
If, due to Force Majeure, the Charter Company or its representative is unable to deliver the yacht at the beginning of the charter period and delivery is delayed by more than forty-eight (48) hours, the charterer may either terminate the agreement or agree to extend the charter period.
If neither option is feasible, a proportionate refund shall be issued.
11. NON-DELIVERY
If the yacht is not available at the start of the charter period, the Charter Company reserves the right to provide a replacement yacht of similar size, capacity and performance. If no suitable replacement yacht is available, the charterer shall be entitled only to a full refund of payments already made.
12. DELAY IN RETURN
If the return of the yacht is delayed due to Force Majeure, the yacht shall be returned as soon as reasonably possible thereafter. Until such return, the terms and conditions of this agreement shall remain in force without giving rise to any claim against the charterer.
If the charterer fails to return the yacht to the agreed return port, they shall immediately compensate the Charter Company by direct transfer for any mooring costs, the applicable daily charter rate, and any potential transfer costs.
If the return of the yacht is delayed by more than twenty-four (24) hours, the charterer shall compensate the Charter Company and/or its representative for all losses or damages incurred as a result of the yacht being unavailable for use, including the cancellation or delayed commencement of a subsequent charter.
The Charter Company shall be entitled to deduct any resulting costs from the security deposit.
13. TERMINATION BY THE CHARTERER
If the charterer terminates this agreement before the commencement of the charter or at any time after the charter has begun, the charterer shall remain liable for all outstanding amounts that became due before or at the time of termination.
If the charterer submits a notice of withdrawal or fails to settle any payment due under this agreement following termination, the Charter Company and/or its representative shall be entitled to take legal action to recover all outstanding costs and payments.
14. OBLIGATIONS, DAMAGES, MALFUNCTIONS AND BREAKDOWNS
a) If the yacht becomes unusable after delivery due to engine failure, grounding, collision, or any other reason preventing its proper use for a period of at least twelve (12) consecutive hours and up to a maximum of forty-eight (48) consecutive hours, and provided that the issue was not caused by any act or omission of the charterer, the Charter Company shall issue a proportionate refund of the charter fee commencing on the business day following the day on which the yacht became unusable.
The charterer shall remain responsible for all ordinary expenses incurred during this period. After two (2) business days, the charterer shall have the right to terminate the contract in writing and receive a proportionate refund.
A defect affecting the joystick control system shall not constitute grounds for a reduction in the charter fee, provided that the yacht remains fully manoeuvrable using its conventional controls.
b) Malfunctions or breakdowns affecting water sports equipment shall not be regarded as restricting the use of the yacht and shall therefore not entitle the charterer to a reduction in the charter price or to termination of the contract.
c) If the yacht is lost or becomes so extensively unusable that it cannot be repaired within forty-eight (48) hours, and provided that the damage or malfunction was not caused by any act or omission of the charterer, the charterer may terminate the contract by written notice to the Charter Company.
Following termination due to such damage, the charter fee shall be refunded proportionately for the remaining part of the charter period, calculated from the date and time of the loss or unavailability.
In such circumstances, the charterer may establish entitlement to the refund by relinquishing possession of the yacht at its berth.
The charterer shall also be entitled to reimbursement of additional expenses of up to €500 upon presentation of the relevant receipts. Claims for reimbursement exceeding this amount are excluded.
d) The charterer agrees to indemnify and protect the Charter Company against any third-party claims arising from the use of the yacht by the charterer or members of the crew that are not covered by insurance, even where such claims exceed the amount of the security deposit.
e) In the event of damage to the yacht caused by wear and tear, the charterer shall arrange for repairs or replacement as instructed by the Charter Company or its representative.
If the representative cannot be contacted, the charterer is authorised to arrange repairs or replacement up to a maximum amount of €100. Such costs shall be reimbursed upon presentation of receipts, provided that the damage was not caused by the operator. All replaced parts must be retained.
f) The charterer shall be fully liable for all direct and consequential costs, including loss of business arising from subsequent charters and all associated costs and compensation resulting from the seizure of the yacht due to the negligence of the charterer or a crew member, as well as from illegal activities including the transport of drugs, weapons, persons or taxable goods.
g) In the event of significant damage, accidents, potential delays, losses or immobilisation of the yacht, the Charter Company must be notified immediately.
The charterer shall take all necessary measures to minimise damage and consequential losses, including loss of charter income, and shall arrange any required repairs in consultation with the Charter Company and make any applicable payments.
The charterer shall prepare a damage report and, in consultation with the Charter Company, ensure that it is confirmed by the relevant authorities. Failure to comply with these formalities may result in the charterer being held liable for all resulting costs.
Theft of the yacht or any part of its equipment must be reported to the nearest police station.
15. USE OF THE YACHT
The charterer may use the yacht solely as a leisure vessel for themselves and their guests.
The charterer shall ensure that no pets or other animals are brought on board without the prior consent of the Charter Company. The charterer shall also ensure that their own behaviour and that of their guests does not disturb others or bring the yacht into disrepute.
SMOKING IS STRICTLY PROHIBITED IN ALL INTERIOR AREAS OF THE YACHT.
The charterer shall comply with this prohibition and shall ensure that all guests are familiar with and comply with the laws and regulations of any country whose territorial waters the yacht enters during the charter period.
Participation in races or regattas is permitted only with the prior consent of the Charter Company.
The charterer shall ensure that any duty-free goods or other items already on board or brought on board during the charter are properly cleared through customs before being taken ashore.
The possession or use of illegal drugs or weapons, particularly firearms, shall result in the immediate termination of the charter agreement by the lessor. The lessor reserves the right to take legal action against the charterer if illegal actions by the charterer or their crew result in legal consequences or penalties for the lessor.
16. INSURANCE & LIABILITY OF THE CHARTERER
a) The owner shall insure the yacht against all customary risks applicable to a yacht of its size and type with insurers meeting high industry standards.
b) Under normal circumstances, the charterer shall be liable only for costs incurred in connection with the yacht, including repair costs for damage caused by the charterer or their guests, whether intentionally or unintentionally, or by third parties.
This liability shall extend to any damage, accident or incident up to the amount of the security deposit, except in cases involving illegal activities as described in Section 14.g, negligence, or operation of the yacht under the influence of drugs and/or alcohol.
c) In the event of an accident or incident, the charterer may be held liable for an amount exceeding the applicable insurance deductible if the charterer or their guests, intentionally or unintentionally, act in a manner that invalidates any limitation or coverage under the applicable insurance policy, including, for example, operating the yacht under the influence of drugs or alcohol or acting negligently.
d) The insurance does not cover accidents involving accompanying persons, loss of or damage to personal belongings on board or ashore, medical assistance expenses, or personal accidents.
The security deposit does not provide coverage for the circumstances referred to in this subsection. The Charter Company therefore recommends that the charterer obtain appropriate additional insurance coverage.
17. RETURN OF THE YACHT
a) The charterer shall return the yacht to the agreed return location at the time specified in this contract. Weather conditions and any other adverse circumstances must be taken into account when planning the return journey.
The charter agreement shall end only after the yacht has been returned and subsequently inspected.
b) The charterer shall return the yacht to the Charter Company by the agreed end time of the charter. By that time, the entire crew, together with all luggage and personal belongings, must have disembarked.
c) Upon returning the yacht, any lost equipment and any damage must be reported and paid for where not covered by additional insurance. The security deposit may be used to cover such costs.
In addition, the Charter Company or its representative must be informed of any groundings or identified defects, which must be recorded in the check-out protocol.
A protocol or checklist confirming the proper return of the yacht is mandatory and must be signed by both the charterer and the Charter Company or its authorised representative.
d) If repairs are required, the charterer shall return the yacht to the lessor sufficiently early to allow the repairs to be completed before the commencement of the next charter, as agreed with the Charter Company.
If the relevant damage falls within the responsibility of the Charter Company, the charter fees corresponding to the period of downtime shall be reimbursed.
18. JURISDICTION
The parties agree that this contract shall be governed by Spanish law and that the Spanish courts shall have jurisdiction.
Alternatively, at the discretion of the Charter Company or its representative, this contract may be governed by the law and/or jurisdiction of the country in which the Charter Company is resident.
19. RESERVATIONS BY THE CHARTER COMPANY
The Charter Company and/or owner reserves the right to restrict the navigation area depending on the category of the yacht or to prohibit night navigation in the event of unsafe or unusual navigation conditions.
In the event of adverse weather conditions, the decision to cancel the charter or modify the route shall rest solely with the Charter Company, the owner, or the appointed captain.
If the charter is cancelled due to adverse weather conditions, the charterer shall be entitled to a full refund of all payments made, without interest.
Alternatively, where both parties agree, the booking may be rescheduled to another date, subject to the applicable limitations of liability.
If rescheduling within the relevant period is not possible, the charterer shall receive a voucher equivalent to the value of the remaining cancelled charter period, adjusted according to the price applicable at the time the voucher is redeemed.
The voucher shall remain valid for two years, calculated from date to date from the date of cancellation, and may be transferred with the consent of Top Yachts.
20. PROVISIONS – FORCE MAJEURE
Force Majeure shall mean any external event, whether caused by natural forces or human activity, which is unforeseeable and unavoidable and which, despite the utmost reasonable efforts of all parties, prevents the ordinary or expected course of events and the fulfilment of the parties’ obligations under the agreed terms of this contract.
Force Majeure shall not include events involving the temporary or permanent revocation or suspension of permits, licences or official approvals granted to either party.
By signing the charter agreement, both parties confirm that they have read, understood and agreed to each and every clause and condition contained in these General Terms and Conditions.
Eric Zimmermann
General Manager
EZ TopYachts S.L.
Ave. del Rei Jaume I, No. 2
07180 Santa Ponsa
Balears
Spain