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Yacht Lease Agreement

 

The Lease Agreement entered into on . . . in . . . by and between 101 Studio DTP Tomasz Tęgi i Spółka sp. z o.o. with its registered office in Łódź, ul. Ekonomiczna 30/36, represented by Mr Tomasz Tęgi, hereinafter referred to as "the Lessor" and . . . , residing in . . . ID card no. . . .. . .contact telephone no. . . . ., hereinafter referred to as "the Lessee".

§ 1

Conclusion of the Agreement

1. The subject matter of the lease is the following yacht – type: . . . , name: . . . registration no.: . . . ., hereinafter referred to as "the Yacht".
2. The Yacht Lease Agreement becomes effective upon receiving a signed copy of the Agreement and making an advance payment in compliance with the time limit. Failure to make payments when due shall result in termination of the Agreement without further notice.

§ 2

Handover of the Yacht

1. The Lessor agrees to hand over the Yacht, efficient, clean, with sails tucked in, to the Lessee on (date). . . from (hour) . . . in the "Stranda" Yacht Harbour, 11-500 Giżycko, ul. Pierkunowo 36.
2. The Lessee agrees to return the Yacht, efficient, clean, with sails tucked in, to the Lessor on (date). . . by (hour) . . . in the "Stranda" Yacht Harbour, 11-500 Giżycko, ul. Pierkunowo 36.
3. The Lessee shall receive the Yacht insured. The Lessee may, at any time, become familiar with the insurance agreement of the Yacht and with the general terms and conditions of insurance.
4. The Lessee shall receive the Yacht equipped in accordance with the "Yacht Handover Record".
5. During the term of the lease, the Yacht shall be used in the area of Masuria Lakes.

§ 3

Payment terms

1. The Lessee shall pay to the Lessor the price of the lease in the amount of PLN . . . (say: . . .) to the bank account in Bank Handlowy w Warszawie S.A., account no. 12 1030 1205 0000 0000 8377 6005.
2. The price specified in § 3 point 1 shall be due to the Lessor for the entire term of the lease, regardless of whether or not the Lessee has used the Yacht.
3. To book the lease term, the Lessee shall make an advance payment of 30% for the benefit of the Lessor within 3 days of signing the Agreement. The rest of the amount due shall be paid by the Lessee by . . .
4. In the event the Lessee renounces the lease, the advance payment shall be forfeited for the benefit of the Lessor.

§ 4

Terms and conditions of handover and return of the Yacht

1. On the day of the lease the Lessee shall have the following documents and present them to an authorised employee of the Lessor: a) sailing licence, b) ID cards of all members of the crew, c) signed copy of the Agreement.
2. The Lessee shall pay to the Lessor a deposit in the amount of PLN . . . (say: . . . zloty), which shall be allocated for potential technical faults or equipment defects. The Lessee shall pay the deposit by the day of handing over the Yacht, as specified in § 2.
3. The deposit shall be subject to settlement.
4. On the day of handing over the Yacht, a "Yacht Handover Record", with information as to the actual condition of the Yacht and with a list of equipment, shall be prepared. The Record shall be the basis for evaluation of the condition of the Yacht on its return to the Lessor.
5. The Lessee shall be responsible for the conformity of the equipment of the Yacht to the "Yacht Handover Record". The value of equipment elements is determined on the basis of market prices.
6. In the event the Yacht is returned uncleaned and with sails that have not been tucked in properly, the Lessor shall deduct PLN 50 from the deposit. Moreover, if the chemical toilet has not been emptied, the Lessor shall additionally deduct PLN 100 from the deposit.
7. The acceptance and evaluation of the Yacht and the conformity of the equipment to the "Yacht Handover Record" after the lease term is over shall be the responsibility of the Lessor or a person indicated by them.

§ 5

Failure and liability for damage

1. During the term of the lease (§ 2), the Lessee shall be in charge of the Yacht entrusted to them and guarantee that the Yacht will be used by persons holding an appropriate sailing licence.
2. In case of failure or accident, the Lessee shall notify the Lessor or the person indicated by them and draw up an "Incident Record", which shall be the basis for the Lessor to apply for compensation to the insurance company. In case of failure to comply with the above formalities or rejection of the application for compensation by the insurance company, the material damage suffered shall be covered by the Lessee.
3. If the damage suffered is covered by comprehensive motor insurance (AC) or civil liability insurance (OC), the payment of the deposit shall be withheld until the compensation is received from the insurer. The deductible shall encumber the Lessee.
4. If the damage to the Yacht caused by the Lessee results in the necessity of carrying out certain repairs, due to which the Yacht is excluded from operation in the period after expiry of the Agreement, the Lessor may reduce the deposit by PLN 200 for every day of such a period. The total amount by which the Lessor may reduce the deposit on this account may not exceed the value of the deposit paid. The foregoing does not exhaust potential claims of the Lessor arising from lost profit.
5. The Lessee may not claim the right to reimbursement of the lease costs in case of any damage to the Yacht or its equipment caused through their own fault or in case of the Lessee's failure to observe the principles of safety, technical service and good sailing practice.

§ 6

Improper performance of the Agreement

1. In the event of the Lessor's failure to deliver the Yacht to the arranged place on time, the Lessor shall pay for the benefit of the Lessee the amount of PLN 150 for every day of delay. The total amount due to the Lessee on this account may not exceed PLN 300. The foregoing exhausts all claims of the Lessee for compensation for delayed handover of the Yacht.
2. If the Lessor's delay in handing over the Yacht exceeds 2 days, the Lessee may withdraw from the Agreement, as a result of which the Lessor shall refund the entire amount paid by the Lessee, increased by PLN 300.
3. In the event the Lessee delays the acceptance of the Yacht for over 3 days, the Lessor may withdraw from the Agreement. In such a case, the Lessor shall have the right to retain the collected deposit.
4. If the Lessee delays the return of the Yacht, the Lessor shall be entitled to demand the payment of PLN 50 for every hour of delay. The Lessor may deduct the above amount from the deposit referred to in § 4.

§ 7

The Lessee may not conclude any agreements with third parties without the Lessor's consent.

§ 8

The person authorised by the Lessor to carry out all formal and legal transactions concerning the lease, handover, acceptance, collection of charges and technical service of the Yacht is: Robert Piechorowski.

§ 9

1. Any amendments to this Agreement must be made in writing.
2. Any disputes which may arise in connection with the performance of this Agreement shall be settled by the competent District Court in Łódź.

§ 10

The Agreement has been prepared in two counterparts, one for each Party.

 

The Lessee                                                                               The Lessor