GENERAL PROVISIONS FOR BOAT RENTAL
Updated provisions 2012 available at the moment only in
Finnish and Swedish.
In these provisions the Charter House is referred to as "Renter"
and the party renting the boat as "Rentee."
1. Use of the Boat
a) Rentee is obliged to care for the boat as any responsible person would for his own property, by being careful at all times to maintain the appearance of the boat as at the time of rental. Rentee agrees to abide by all laws and other statutory regulations applying to the captain of a vessel.
b) Rentee assumes responsibility for the knowledge and skill of the captain to safely navigate the boat in the waters to be sailed.
c) The boat is to be locked at all times while vacant.
d) At the time of rental, the Rentee is provided with a checklist of equipment and the condition of the boat, along with a full tank of fuel. It is recommended that both parties note any damaged equipment or areas of the boat at this time to avoid disagreements at the end of the rental period. The Rentee agrees to return the boat with all the original equipment, in the same condition as when first rented, and with a full tank of fuel. If the rentee neglects to inspect or having carried out an inspection fails to notify the renter of the damage, it shall be assumed that the damage occurred during the rental period.
2. Responsibility for the Boat and Its Equipment during the Rental Period
2.1 Rentee is responsible for the boat and its equipment, up to the
maximum amount as stated in the Rental Agreement to:
a) compensate for any damage to the boat or its equipment during the rental period, and;
b) compensate or replace any equipment or part of the boat lost during the rental period.
2.2 Rentee's Responsibility for Damages
If damages to the boat are a result of the Rentee's intentional, accidental or gross negligence during operation of the boat (Finnish laws for drug and alcohol use apply), or due to illegal use of the boat,or the Rentee's apparent breach of the terms of the agreement, the rentee is liable to fully compensate the renter for the damage caused.
2.3 Rentee's Release of Responsibility
The Rentee is released of the responsibility for that part of any damage or loss the Renter is able to recapture from the insurance company or the responsible party.
3. Insurance Policy
The Renter will provide a liability and damage insurance policy for the boat. The amount of liability insurance is: xx FMK. The amount of damage insurance follows the guidelines of KASKO for boat insurance. This policy does not cover Rentee's personal injury or lost or damaged personal articles.
4. Rental Payment
The rental prices include Rentee's right to use the boat, operated by the person(s) identified in the agreement as qualified captain(s), as well as use of the equipment listed in the checklist and the insurance policy.
a) Upon making the reservation, the Rentee will receive a letter of confirmation/invoice. A deposit is required to hold the reservation. The amount of deposit is xx % of the total cost. The deposit is due within 7 days of the letter of confirmation. If the deposit is not received within 7 days, the reservation is void. The final payment is due 28 days before the beginning of the rental period.
b) Payment for insurance covering the Rentee to the maximum amount of liability is due before Rentee takes possession of the boat.
5. Responsibility of the Renter
Renter agrees to deliver the boat in good, safe condition in accordance with regulations, at the agreed upon place and time. In addition, it is the Renter's responsibility to instruct the Rentee in the operation of the boat prior to any use by the Rentee. If the Renter is not able to give Rentee the possession of the boat as agreed, Rentee is entitled to reduction of rental payment equal to the lost time, or he may cancel the agreement if possession is delayed for an unacceptable length of time.
6. Fuel and Service of the Boat
Rentee will pay for all fuel used. Renter will advise the Rentee of the type of fuel required. Rentee is responsible for any damage due to the use of improper fuel. During the rental period, the Rentee is responsible for normal maintenance of the boat, such as maintaining safe levels of engine oil, cooling and battery fluids, safe operational condition of the engine compartment, and cleanliness of the boat during and at the conclusion of the rental period.
7. Actions to be Taken by Rentee in Case of a Mishap, Damage or Theft
a) Rentee is to inform the Renter immediately of any mishap, damage to, or theft of the boat. In case of theft, the Rentee is to notify the police immediately. Upon notification, Renter is to advise the Rentee of the actions to be taken.
b) In case of damage, the Rentee is to take immediate action, as outlined in the insurance requirements, to identify the problem and to prevent further damage. All personal injuries are to be reported to the police.
c) If Rentee neglects to take actions as outlined above, he is responsible to the Renter for all damages.
8. Renter's Responsibility for Faulty Equipment
If, during the rental period, the boat develops a technical or other problem, the Renter will be responsible for the repair, provided that the problem is not caused by negligence of the Rentee. If the Renter does not correct the problem or provide an equal replacement within a reasonable time period, the Rentee may cancel the rental agreement. Rentee will be refunded for any lost time.
The renter is not responsible for indirect damage resulting from the defect. In respect of other damages, the maximum liability of the renter is an amount corresponding to one month's rent, or, if the rental period is shorter than this, a rent appropriate to the period. If the rentee neglects to notify the renter without delay of any observed damage, the renter is not responsible for any damages that occur thereafter.
9. Return of the Boat
a) The boat is to be returned to an agreed-upon location. The return is to take place on or before the last day of the rental period. The boat is to be returned clean, with refuse tanks emptied, and with a full tank of fuel.
b) If the Rentee chooses to return the boat before the end of the rental period, he is not entitled to a refund.
c) If the Rentee neglects any part of Section a), above, the Renter has the right to collect for any expenses incurred due to the Rentee's negligence.
10. Voiding the Agreement
a) Renter has the right to void this agreement if it is obvious that the Rentee is breaking any part of the agreement or that the Rentee cannot operate the boat as required. Renter is not responsible for any expenses incurred to the Rentee.
b) Renter has the right to cancel this agreement before the beginning of the rental period if the boat is not available due to reasons beyond the control of Renter, such as forces of nature (force major). In such a case, the Rentee is entitled to a full refund. Any expenses incurred will not be the responsibility of the Renter.
c) The Rentee has the right to cancel before the beginning to the rental period, if the Rentee is unable to comply due to reasons beyond the Rentee's control, such as forces of nature (force major ). Rentee is entitled to a full refund, minus any billing expenses incurred by Renter, providing that the cancellation takes place in writing at least 28 days before the Rental Period. If the letter of cancellation is post marked less than 28 days prior to beginning of rental period, Rentee is not entitled to a refund. Any expenses incurred to Rentee will not be reimbursed.
d) If the Rentee cancels the agreement for any reason other than those mentioned in Section c), above, the Rentee is not entitled to a refund.
If a substitute Rentee, as approved by Renter, can be obtained, the cost to the Rentee will be limited to the actual expenses incurred to the Renter.
11. Taking the Boat Beyond Designated Waters
Taking the boat outside of the designated navigation area is prohibited.
12. Smoking on Board
Smoking is prohibited inside of the boat.
Pets are not allowed in or on the boat unless otherwise agreed upon by the Renter, in writing, when the reservation is made.
14. Disputes of Agreement
If disputes cannot be resolved among the two parties, and if the rentee is the user, the rentee can bring the matter to the attention of the Finnish Consumer Complaints Board for handling. If the matter is brought to the court of justice, the case will first be presented at a lower court in the locale of Rentee's residency, unless the Rentee wants to appeal the case in a general lower court the locale of the Renter's operation. If the rentee is a business entity, legal action shall in every case take place in the lower court of the renter's place of domicile.