VDC Charter Seal
We hereby confirm that the following agency
D 87742 Dirlewang
(hereinafter only the agency)
has concluded an insolvency hedging for the year listed in the adjacent seal.
The following insurance cover applies for the agency’s clients:
D 87742 Dirlewang
Fon: +49 (0)8267 / 960 703
Fax: +49 (0)8267 / 960 704
§ 1 Scope of insurance cover
compensates the bad-debt losses of the legally established entitlement to repayment of the berth charter price paid by the charter client for a boat/yacht rented within the insurance year due to a faulty service caused by insolvency of the company.
takes all the costs for the legal assertion against the company after positively checking the claim and its enforceability and only by an advocate named by the insurer.
§ 2 Scope
The insurance applies worldwide.
§ 3 Compensation and insurance sums
Court costs and lawyer’s fees with regard to the enforceability of the charter price repayment.
In the case of insolvency of the charter base the charter price paid and not compensated up to a maximum of 20.000 EUR/charter . A pro-rata service of the charter base has to be charged in relation of the total charter and the complete price.
For all clients concerned a cumulative limit of 110.000 EUR per insolvency of the agency is deemed as. Shall the amount exceed this limit the single refund claims will decrease in relation to which the total amount stands to the maximum amount.
§ 4 Exclusions
Excluded from the insurance cover is:
The loss of the claims of the policyholder’s customers as an insured agency, provided that the policyholder has concluded a contract with the customer that goes beyond the activities of an intermediary agency with legal effect. In particular, he has sold services in his own name.
The loss of the charter if the charter base had provided another yacht with the same amount of cabins and the charter client refused it. (Replacement yacht definition according to the general charter conditions: A yacht with a comparable size, amount of cabins or berths, equipment and age whereby the age only differs by one or two years.)
An acceptable loss of 24 hours per charter week due to, for example, a delayed return of the previous charter client or a repair.
The loss of the charter due to a reason which are the fault of the charter client or which the client already knew even before concluding the charter contract.
Reductions of the charter price due to dissatisfaction or the lack of promised characteristics (as, for example, cleanness, dinghy, out border, additional sails, etc.) as far as therefore, the driving ability of the chartered yacht is still ensured.
Charter prices whose are not paid directly to the intermediary charter agency or the charter base by bank transfers (bank transfer, direct debit, and credit card).
The insolvency application given to the insolvent intermediary charter agency or the charter base even before the conclusion of the charter contract.
§ 5 Damage report
The charter client is forced to report the claim immediately upon knowledge of the faulty service or the information of insolvency of the charter base/agency. The report needs to be given to:
EIS European Insurance & Services GmbH
Scharfe Lanke 109-131
Fon. +49 30 214082 20 (24 h / 7 days Hotline)
§ 6 Obligations in the event of a claim and its consequences in case of injuries
The policy holder and the insured client are forced to report the claim immediately, however, within two working days at the latest, upon knowledge and to guarantee the claim reduction and prevention of damage as well as to obtain and observe instructions of EIS European Insurance & Services if circumstances permit. On demand of EIS/insurance company the policy holder has to provide every information and proofs whose are necessary to define the claim and the performance obligation of the insurer.
Should the policy holder or the insured client violate one of these obligations the insurer is released from the obligation to compensate the claim according to the legal regulations (especially §§6 and 62 VVG)
Should the policy holder or the insured client have claim damages against a third party the claim will pass on to the insurer as far as the insurer compensates the claim to the policy holder or the insured client (§ 67 VVG). If the policy holder or the insured client waive the claim against the third party or a right served to secure this claim the insurer is released from his performance obligation in so far as he could get a refund from the claim or the right.
§ 7 Legal base
Legal base of this cover is the German law. The current instructions of the insurance contract law (Versicherungsvertragsgesetz – VVG) are valid.
§ 8 Court of jurisdiction
As the court of jurisdiction Berlin is deemed as agreed.
The insurance company is Triglav Osiguranje d.d., Antuna Heinza 4, HR-10000 Zagreb.
In case of damage ...
The claim hotline of EIS European Insurance & Services GmbH is available under +49 (0)30 214082-20 24 hours a day.
We recommend to contact our claim department by mail under firstname.lastname@example.org to guarantee a rapid data exchange and processing.