Common use of Liability of the Charterer Clause in Contracts

Liability of the Charterer. 1. The Charterer shall indemnify the Lessor against the criminal or civil-law consequences of any actions or omissions by the Charterer for which the Lessor is held liable by a third party, including against domestic and foreign costs of litigation. 2. If the Charterer leaves the yacht at a location different from the one agreed upon, for whatever reason, he shall bear the full costs of towing the yacht by sea or land. If the yacht is returned after the charter period, it shall be deemed to be handed back by the Charterer only when it has arrived at the harbour of return agreed upon. 3. If the yacht is returned late or in an unusable condition through the fault of the Charterer, the Lessor shall have entitlement to claims for compensation. 4. It should be noted that the conclusion of collision damage insurance by the Lessor shall not discharge the Charterer from liability for losses which the insurance does not cover or for which the insurance has explicitly declared that it may exercise a regression against the Charterer. This applies especially to damage caused by gross negligence, malice, a disregard of the contractual terms, and any follow-up losses. 5. The Insurer’s terms and conditions, which will be willingly sent on request, form an integral part of this Contract. The deductible for any claim shall be covered by the Charterer and may diverge from the amount of the deposit. If the yacht and its equipment are returned free of faults, the deposit shall be repaid promptly. Loss or damage shall be offset against the deposit. The Lessor shall promptly be reimbursed for any loss not covered by the insurance or deposit. The conclusion of an extended skipper liability insurance (combining crew liability and coverage for damage to the yacht through proven gross negligence) and insurance against the consequences of losses is highly recommended. Cruesa/Agency shall be pleased to provide all the documents required.

Liability of the Charterer. 1. The Charterer shall indemnify the Lessor Hirer against the criminal or civil-law consequences of any actions or omissions by the Charterer for which the Lessor Hirer is held liable by a third party, including against domestic and foreign costs of litigation. 2. If the Charterer leaves the yacht at a location different from the one agreed upon, for whatever reason, he shall bear the full costs of towing the yacht by sea or land. If the yacht is returned after the charter period, it shall be deemed to be handed back by the Charterer only when it has arrived at the harbour of return agreed upon. 3. If the yacht is returned late or in an unusable condition through the fault of the Charterer, the Lessor Hirer shall have entitlement to claims for compensation. 4. It should be noted that the conclusion of collision damage insurance by the Lessor Hirer shall not discharge the Charterer from liability for losses which the insurance does not cover or for which the insurance has explicitly declared that it may exercise a regression against the Charterer. This applies especially to damage caused by gross negligence, malice, a disregard of the contractual terms, and any follow-up losses. 5. The Insurer’s terms and conditions, which will be willingly sent on request, form an integral part of this Contract. The deductible for any claim shall be covered by the Charterer and may diverge from the amount of the deposit. If the yacht and its equipment are returned free of faults, the deposit shall be repaid promptly. Loss or damage shall be offset against the deposit. The Lessor Hirer shall promptly be reimbursed for any loss not covered by the insurance or deposit. The conclusion of an extended skipper liability insurance (combining crew liability and coverage for damage to the yacht through proven gross negligence) and insurance against the consequences of losses is highly urgently recommended. CruesaThe Hirer/Agency shall be pleased to provide all the documents required.