Anyone who has a charter contract in front of them ready to sign will usually think more of the beautiful sailing days ahead than of possible damage cases and liability risks that they enter into with the signature. Accordingly, most charterers have little motivation to study the general terms and conditions (GTC), which are often pages long and actually unreasonably tiny, before signing a contract. On top of that, various agencies and fleet operators do not send these to the customer with the first offer, but only when the customer's decision to book has already been made.
The result: Most skippers put their names under the contract even if they have a bad feeling in the stomach area. "It will be fine," is the motto. To be fair in advance: In 90 percent of all cases it does. But what if you fall under the other ten percent?
Because they do exist, the charter trips that go completely wrong. In the editorial office and also with the YACHT legal expert Dr. Heyko Wychodil every year sailors who have a dispute with their charter company report. Usually the problem revolves around defects or damage to the ship during the trip, or it is about the deposit.
"Many customers are surprised when they are confronted with the details of their charter contract. It says, for example, that missing or defective equipment that is not safety-relevant is not entitled to any deductions from the charter fee. The anchor windlass can then strike, the bow thruster is missing, Tear the sails - the money is only given back out of goodwill, "said lawyer Wychodil.
Other customers are caught off guard by exclusions from comprehensive insurance. If the dinghy and outboard motor are stolen, it is sometimes not the insurance company that has to pay for it, but the customer. And in case of doubt beyond the deposit amount and even if he has taken out deposit insurance.
Some companies even take damage to the sails or hatches out of the comprehensive cover - which can quickly mean a total loss with three or four year old cloths that can no longer be repaired. The customer is often asked to pay for the new sail.
In general, it can be stated that in many charter contracts the customer tends to be, in some, clearly worse off than the charter company. For example, by reserving the right to exceed the handover time to the customer by four to six hours. The first day of sailing may therefore be completely canceled. In return, however, the customer is often condemned to severe penalties if they are returned more than one to three hours late.
