1.1. The usage agreement comes into effect once the ship owner and the client have signed the usage agreement.
1.2. The ship owner is not obligated to reserve the ship for the client until the full prepayment has been received.
1.3. By signing the agreement, the client confirms acceptance of all terms and conditions of the usage agreement.
1.4. When entering into the agreement, the client must present an identification document and, upon the ship owner’s request, other documents. If the agreement is signed on behalf of a legal entity, the client must present a document confirming the authority to represent the legal entity and any other relevant documents upon the ship owner’s request.
2. Usage Fee
2.1. The usage fee is determined according to the price list.
2.2. In addition to the usage period fee, a fee of 2 euros per nautical mile (including VAT) is added. The distance covered is verified from the Trip statistics page of the SIMRAD navigation system.
2.3. In case of severe weather conditions (e.g., wind > 10 m/s, heavy thunderstorm, and dense fog), we will refund previously paid fees 100%, unless otherwise agreed by the parties.
2.4. If the client does not arrive at the agreed time specified in the usage agreement and does not properly notify in advance (proper notification as per clause 2.5.), the ship owner has the right to:
2.4.1. terminate this usage agreement and/or
2.4.2. retain the prepayment and/or
2.4.3. demand up to 50% of the agreed usage fee.
2.5. Proper notification means that at least 12 hours before the start of the usage period agreed in the usage agreement, information is provided by email: parasiil@gmail.com or by phone: +372 5036333.
3. Usage Period and the Ship Owner's Right to Make Changes
3.1. The minimum usage period is 1 hour.
3.2. The ship owner may refuse to provide the ship to the client for the agreed period if weather conditions do not allow it, especially if the weather conditions may endanger the safety, health, and property of individuals (including the ship owner). The ship owner has full discretion over which weather conditions do not allow the use of the ship.
3.3. If weather conditions do not allow compliance with the agreed usage period in the usage agreement, the client has the right to request a refund of the previously paid fees unless otherwise agreed by the parties.
3.4. If the ship owner is unable to fulfill the usage agreement due to circumstances beyond their control (e.g., cannot transport the client and accompanying persons to the agreed port), the ship owner has the right to make changes to it, notifying the client within a reasonable time.
4. Obligations of the Parties
4.1. Both parties are obliged to comply with the terms and conditions of the usage agreement, including the general terms and conditions and its ANNEX 1 and in the case of use of the ship without a captain, ANNEX 2, which sets out the ship’s house rules and conditions for the use of the ship without a captain.
4.2. The ship owner is obliged to ensure that the ship meets legal requirements.
4.3. The ship owner is obliged to take reasonable measures to ensure that the ship, its engine, and accompanying equipment are in good condition and ready for use.
4.4. The client is obliged to use the ship and other equipment handed over with it carefully and diligently, considering the terms of the usage agreement, the intended purpose specified by the ship manufacturer (see clause 8.), and the requirements set by the ship owner (see Annex 1), which the ship owner may unilaterally change at any time.
4.5. The client is obliged to inform the ship owner of any engine failures, theft of the ship, and any damages or dangers as soon as possible.
5. Liability and Insurance
5.1. The ship owner is not liable for any obligations or violations that may arise from the illegal use of the subject of the usage agreement or other illegal activities related to the ship by the client.
5.2. If the ship, including the engine and other equipment, is not in the same condition at the end of the usage period or upon handover as at the beginning of the usage period, the client is obliged to pay for all damages caused according to the prices of equipment, spare parts, and repair works.
5.3. The client is obliged to fully compensate the ship owner and/or third parties for any damage caused, except when the client is not at fault for the damage, and the responsibility lies entirely with a third party. Persons accompanying the client are not considered third parties in this context.
5.4. The transport costs caused by engine or other equipment failure (e.g., if the engine stops and the ship needs to be transported to the port) will be covered by the ship owner, except if the failure is due to the client’s actions or omissions (e.g., engine overloading, propeller damage).
5.5. The ship owner has insured the ship's hull, engine, technical equipment, fixtures, accessories, and trailer, but not all possible incidents are covered by insurance. For example, the following situations are excluded from insurance coverage: i) the ship is used for purposes other than sports or recreation; ii) damage is caused intentionally or due to gross negligence; iii) damage is caused by war, war-like events, terrorism, or political violence. The list of insurance exclusion circumstances is not exhaustive.
5.6. Insurance is valid within 20 nautical miles from European coasts, except in Russian and Black Sea waters. Insurance does not apply on inland waters in Russia, Belarus, Ukraine, Moldova, and Georgia.
5.7. The deductible in the event of an accident is 1500 euros per insured event, to be paid by the client.
6. Other Conditions
6.1. The client does not have the right to transfer the rights and obligations arising from the usage agreement to third parties without the prior written consent of the ship owner.
6.2. In case of breach of the terms specified in the usage agreement, the ship owner may take all necessary measures and legal remedies provided by law, including terminating the agreement and claiming compensation for damages according to the law and the usage agreement.
6.3. Communications between the parties are conducted via email, except in situations where the nature of the message requires urgent delivery by mobile phone.
6.4. Amendments to the agreement are made by mutual written or reproducible agreement. Amendments to the agreement are formalized as an annex to the agreement, which is part of the agreement documents.
7. Applicable Law and Dispute Resolution
7.1. The laws of the Republic of Estonia apply to this agreement.
7.2. The parties will make reasonable efforts to resolve disputes arising from or related to the usage agreement out of court. If an agreement is not reached, the dispute will be resolved at the Consumer Protection and Technical Regulatory Authority (only for private clients) and/or Harju County Court.
8. Description of the Ship
8.1. The ship XO 270 Front Cabin (named Juuni) is a category C vessel intended for use in coastal waters and inland waterways when the wind does not exceed 6 Beaufort scale (10.8–13.8 m/s) and wave height does not exceed 2 meters. The ship is used for sports and recreation purposes.
8.2. The ship comes with a navigation system, radar for night and foggy weather navigation, electric toilet and shower with a black water tank, heating (Webasto) for cool conditions, stereo system (Fusion) for entertainment, and other equipment such as a bow thruster, refrigerator, mobile grill, and aft deck shower. The foredeck has space for sunbathing and the aft deck for picnicking.
8.3. The ship has a quiet Mercury V8 inboard engine (317 horsepower), providing a speed of up to 40 knots. The ship has an 8.60-meter aluminum hull and can accommodate up to 10 people (comfortably for six). The ship can be used both during the day and at night.
8.4. The ship has a cabin in the bow with sleeping space for two people, and an additional sleeping space for one person in the main cabin. The ship has a 315-liter fuel tank, allowing for longer trips without frequent refueling.
8.5. The ship is equipped according to the requirements set out in the regulation of the Minister of Economic Affairs and Communications No. 32 of 11 May 2011, “Requirements for the equipment of ships and the categories of ships according to the ship's construction, as well as safety requirements for ships organizing leisure trips for a fee.”
8.6. The ship has undergone the required inspection by the Maritime Administration, and our captains hold the required category shipmaster certificates.
ANNEX 1. SHIP RULES AND MAIN RISKS ASSOCIATED WITH USING THE SHIP
Persons on the ship are required to follow the following rules:
1. Persons on the ship must comply with the captain's orders.
2. Persons on the ship must do everything in their power to avoid endangering the life and health of those on board.
3. Persons on the ship must inform the captain of any potential or actual danger as soon as possible.
4. It is forbidden to use open flames on the ship; the mobile grill provided can only be used onshore.
5. Smoking on the ship is allowed only with the prior consent of the ship owner.
6. It is strictly forbidden to throw garbage, including cigarette butts, into the sea; violating this ban is punishable.
7. Children are required to wear life jackets on the ship.
8. It is not allowed to bring pets on board without the prior consent of the ship owner.
9. Persons on the ship are responsible for wearing comfortable, non-slip footwear and suitable clothing for the weather, considering that it is always slightly cooler at sea than on land.
10. Photographs or videos taken on the ship may only be used for commercial purposes with the prior written consent of the ship owner.
11. Persons on the ship may consume their own food and drinks on board, but must clean up after themselves.
12. If the terms and conditions set out in the usage agreement are violated, the ship owner has the right to draw attention to the violation, and if the violating behavior continues after the warning, the ship owner has the right to remove the person from the ship and/or terminate the usage agreement to ensure the safety of the accompanying persons and the ship.
Using the ship may involve the following risks and obstacles (the list is illustrative):
13. Falling overboard, e.g., slipping, losing balance, etc. (especially young children, the elderly, those who have consumed too much alcohol, etc. are at risk).
14. Loose items falling overboard.
15. Falling on the ship.
16. Running aground or scraping the bottom, colliding with any other moving or stationary object, including another vessel or port facility.
17. In the event of a health issue, medical help may not reach the person in need quickly enough.
18. Seasickness may occur while on the ship, which can last for several days.
By signing the usage agreement, the client confirms that they undertake to follow the house rules established on the ship and are aware of the risks associated with using the ship.