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Charter Insurance


Yacht-Pool Charter Insurance for your dream holiday

The skipper and the crew are exposed to special risks which normal insurance policies cover inadequately or not at all. As one of the major providers of yachting insurance, we have carefully examined the loopholes in coverage, in order to identify a skipper’s real problems and risks and to develop policies which actually provide protection against them. Our insurance policies may be taken out and canceled independently of one another. 

YACHT-POOL Versicherungsantrag 2019

Insuring Charter Payments

YACHT-POOL offers insurance on three levels!

1. We cover legitimate liability claims due to property damage and/or personal injury caused to parties not onboard the vessel. Keep in mind that personal injury especially can quickly lead to very large claims. You should therefore select a sufficiently high level of coverage, since your liability is, as a rule, unlimited!

2. We cover the legitimate liability claims of the crew. This is important since normal liability policies generally exclude coverage for claims made by “by co-insured parties against one another.” “Co-insured parties” are generally all those persons authorized to be on board the vessel. That’s why having this risk expressly included is crucial for you.

3. We also cover the legitimate liability claims of the yacht owner due to property damage caused to the yacht through “gross negligence”. Damage to the yacht involving “gross negligence” is generally not covered by any hull-insurance provider. For these damages only (but not for all other liability damages), the co-payment is 2,550 Euro. But “gross negligence” can be flexibly interpreted, especially when the decision is up to an overseas court, which would most likely be the case for an overseas charter tour. That’s why you are covered against this risk by “YACHT-POOL’S specific terms and conditions”.

Hull damage not caused by “gross negligence” is generally covered by the hull-insurance which you are guaranteed (excluding the deposit/bond) under the charter contract. So a skipper’s insurance policy against ordinary hull damage (without gross negligence) does not seem necessary.

Yacht-Pool Charter Insurance – Information and Conditions

Why take out a YACHT-POOL Skipper’s Liability Insurance policy?

Because you are generally personally liable for damage or injury which you cause to other people or their property, to the extent of all our present and future assets.

Because your private liability-insurance doesn’t cover liability claims due to actions by the skipper or the crew.

Because, as the skipper, you are also liable vis-a-vis the crew.

Because exclusions of liability vis-a-vis the crew, third parties (e.g. pension-insurer of the injured party) may not always be valid.

Because you can’t know for sure to what extent someone else’s vessel has actually been insured. Very often the coverage benefit may be limited to the value of the ship, which may be far too little, considering your personal liability is unrestricted. Often only specific types of losses are covered, such as collision damage, etc.

Because you don’t know whether there is even any insurance coverage at all!

Because you don’t know whether the premiums are in arrears, which could mean that the insurer is released from providing benefits and you effectively have no insurance coverage! Because ships sailing under a foreign flag are generally also insured under foreign terms and conditions in the language of the given country. So that it is practically impossible for you to evaluate the actual level of insurance coverage.

Because no liability-insurance firm we know of covers the liability claim of a yacht owner for damage caused to the yacht during a charter due to the “gross negligence” of the skipper. Because YACHT-POOL even covers gross negligence!

Why take out a YACHT-POOL Skipper’s Accident Insurance Policy?

Because we give you coverage for accident-related disability costs and interim costs, in accordance with our specific YACHT-POOL terms and regardless of whether you or someone else was at fault. Because liability insurance does not apply when there is no fault. Because liability insurance does not apply when there is fault, but the damaged party is a family member. Because accidents can cost a fortune when you are effectively unable to hold others liable (overseas!). Because disability can result in life-altering financial consequences. Because ordinary insurance often does not cover certain “high-risk sports”. Because ordinary insurance often only pays when there is an actual accident. Because ordinary insurance only provides a few thousand Euro for rescue/recovery costs, which is clearly inadequate for sailing on the ocean.

In accordance with the General Terms for Accident Insurance and our own specific YACHT- POOL terms, we cover all personal accidents suffered by insured parties in connection with the operation of a yacht. And we even pay when no personal accident has actually occurred, but you find yourself in distress at sea and need to call for help in order to avoid an accident. We reimburse rescue and recovery costs up to 52,000 Euro, even when there is no personal injury (which is not the case with normal accident insurance). These loopholes are often underestimated. After all, few people know that in some countries a rescue helicopter can cost up to 15,000 Euro per hour. Or that the few thousand Euro for rescue/recovery costs provided by normal insurance are hardly sufficient. Or that nothing is paid out at all when an accident has not actually occurred, for example when everyone is rescued successfully. But we do pay, even in this case! And our skipper’s accident-insurance is valid worldwide!

Why take out a YACHT-POOL Skipper’s Legal Protection Policy?

Because being right is one thing, but being proven right another. Litigation abroad can be very expensive. Legal fees to foreign lawyers must usually be paid in advance. Legal fees in different countries are to be paid by you even if you win the case. It may be that not only the skipper, but also the entire crew or just a single crew member is sued or wants to sue.

Damages protection:
Legal protection for the assertion of claims for damages based on private liability claims in connection with the yacht tour.

Criminal legal protection:
For the defense during criminal proceedings in case of a yacht accident or violation of penalties in connection with yachting.
Driver’s License Law:
For representation in proceedings in case of withdrawal of driving license. Skipper and crew have legal protection worldwide!

Why take out a YACHT-POOL Impound Insurance policy?

In cases of actual or suspected criminal conduct, the authorities may be entitled to impound a vessel. We will pay out funds for a fidelity-bond up to 52,000 Euro so as to temporarily forestall further criminal proceedings. Impoundment may have serious financial consequences if the vessel is no longer available for subsequent charter tours.

Why take out YACHT-POOL Charter Bail Insurance?

Every seasoned skipper knows how quickly the harmony of the crew is disturbed if damage has been caused by him or a crew member and all are asked to pay. As much as the crew agreed before the charter set sail, often later they cannot agree with each other on the obvious question of why everyone should pay for the damage caused by only one – that’s usually the skipper himself – out of his responsibility as ship’s captain. Of course, this means that responsible skippers are increasingly demanding insurance for this personal risk. The bond insurance does not only apply to a specific charter, it is unlimited for a whole year – worldwide! Because we want you to charter where you want, as often as you want, which ship you want and as long as you want – worldwide!

Why take out YACHT-POOL’S Consequential Damage Insurance for charters?

Because there is always the danger that you may cause damage to a chartered vessel and prevent it from being available in time for the next charter. And because the law or the charter contract may make you susceptible to recourse claims for the cancellation of that charter. Our consequential-damage insurance for charters covers legitimate recourse-claims arising from the cancellation of a subsequent charter, starting with the third lost day of that charter and up to a maximum of 13,000 Euro. Because it allows you to conduct charter trips where you want, as often as you want, on whatever ship you want and as long as you want – anywhere in the world! 

Why take out YACHT-POOL Charter Cancellation Insurance?

If a charter tour cannot go forward because the skipper falls ill or cancels due to illness in the family, we pay the costs incurred for the skipper and the crew (minus a 20% co-payment, which may be waived upon request). If a member of the charter-tour crew cancels, e.g. due to falling ill or because of illness in the family, we pay the proportional costs for that crew member (minus a 20% co-payment, which may be waived upon request). If a charter tour is broken off prematurely because the skipper cancels and a suitable substitute cannot be found, then we pay the costs for the unused portion of the charter, insofar as it cannot be continued. If two people have made a joint booking and one of them cancels, the other may do so as well.

YACHT-POOL Charter Insurance – Terms & Conditions

Special YACHT POOL Conditions and Risk Descriptions for Chartered Water Sports Vehicles D03

1. Risk Description
1.1 The insurance covers the statutory liability of the policyholder for the possession and use of a chartered water sports vehicle for private or commercial purposes, in accordance with the General Conditions of Insurance for Liability Insurance (AHB) and the following Special Conditions:

1.2 The policyholder is insured in his capacity
– as a skipper
– as a helmsman
– as a watchman
– and as a simple crew member

1.3 The insurance also covers the liability risk of each crewmember. Qualified liability claims of the crew members among themselves in the event of personal injury and damage to property are also included in the scope of the contract, provided they amount to more than Euro 150 per loss event. This excludes eyeglasses, cell phones, laptops and liability claims of relatives and life partners or crew members who live with the policyholder in a domestic community.

2. Co-insured
2.1 Gross negligence
The insurance also covers damage to the chartered yacht (including equipment and accessories) as a result of gross negligence on the part of the policyholder, provided that they are to be reimbursed to a third party by a court judgment or on the basis of a settlement concluded with the express consent of the insurer. The policyholder bears a deductible of € 2,550.00 from such damages.

2.2 The insurance covers in particular the claims of the crew members against the policyholder.

2.3 Co-insured is the legal liability of pulling water skiers and umbrella hang-gliders.

2.4 Co-insured is the statutory liability arising from the use of a dinghy belonging to the chartered yacht.

2.5 Co-insured are financial losses that are attributable to insured personal injury. The sum insured per loss event is Euro 51,200.00, limited to a total amount of Euro 102,400.00 for all insured events of one insurance year.

3. Not insured
3.1 Is the personal liability of the water skier and screen kite pilot.

3.2 Is the liability for damages that occur in the participation in motor boat races or in the associated practice trips.

3.3 Are damages to the chartered yacht including all equipment, dinghies and other accessories, as far as they are not under no. 2.1 are insured; (eg damage not caused by gross negligence).

3.4 Are damage to the engine if caused by its improper operation.

3.5 Are damages in connection with criminal acts (customs offense, drug abuse etc.).

3.6 Are transfer and training trips, unless otherwise agreed.

4. Subsidiarity
4.1. Other insurance companies, especially water sports liability insurance, are advancing this insurance.

5. Special conditions
5.1 Driver’s license clause
If an official permit is required to operate a water sports vehicle, the insurer will remain exempt from the obligation to provide the service if the responsible driver does not have the officially prescribed permit when the insured event occurs.

5.2 The obligation to provide benefits remains with the policyholder if he/she was allowed to accept the permission of the responsible driver without fault or if an unauthorized driver has run the vehicle.

6. Collision Damage
6.1 Liability claims for damage to water sports vehicles as well as other floating or fixed objects that occur as a result of a collision or navigational fault remain excluded from the insurance cover if and insofar as a hull insurer is obliged to provide compensation.

7. Damages sustained abroad
7.1 Included – deviating from § 4 para. 1.3 AHB – the legal liability from loss events all over the world. The services of the insurer are in euros. The obligation of the insurer shall be deemed to have been fulfilled on the date on which the euro amount is dependent on a domestic financial institution. For the contract German law applies.

7.2 Deviating from § 3, no. II l, Abs. 3 AHB is in the case of provisional seizure of a water sports vehicle in a foreign port, any required security or deposit exclusively for the policyholder.

7.3 In the case of loss events in the USA or Canada, by derogation of § 3 prov. II 4 AHB, the expenses of the insurer for costs as benefits count towards the coverage.

Costs are:

Lawyer, expert, witness and court costs; Expenses for the avoidance or reduction of the damage on or after the occurrence of the insured event as well as damage calculation costs, including travel expenses, which the insurer does not incur him- or herself. This also applies if the costs were incurred on the instructions of the insurer. Excluded from the insurance cover remain claims for compensation with punitive character, in particular punitive or exemplary damages. Excluded claims for damages due to environmental damage, such as damage due to contamination or other adverse changes in the soil, the air or water (including groundwater) and by noise or other effects.

8. Water damage
8.1 Insured within the scope of the contract, whereby financial losses are treated as property damage, the statutory liability of the policyholder for direct or indirect consequences of changes in the physical, chemical or biological condition of a body of water including groundwater (water damage) with the following water damage:

8.2 By introducing substances harmful to the aquatic environment into waters or by other conscious action on water bodies. This also applies if the initiation or action to save other legal interests is required.

8.3 By operational dripping or draining of oil or other liquids from tank caps, refueling equipment or mechanical equipment of the ship.

8.4 Excluded are liability claims against the persons (policyholders or each co-insured person) who have caused the damage by willful deviation from the water protection laws, regulations, to the policyholder directed injunctions.

8.5 Excluded are liability claims for damages that are directly or indirectly based on war events, other hostile acts, riots, civil unrest, general strike (in the Federal Republic or in a federal state) or directly on dispositions or measures of a higher power. The same applies to damage caused by a force majeure, insofar as elemental forces of nature have had an effect.


Special YACHT POOL conditions D01

This accident insurance is concluded in accordance with AUB 88 and the following Special YACHT POOL conditions.

1. The insurance cover extends to all accidents suffered by the entitled occupants within the scope of the General Accident Insurance Conditions (AUB 88). It starts with entering the boat and ends with leaving it. The use of the dinghy is included in the insurance.

2. All authorized boat passengers are insured, excluding persons who are professionally involved in the maintenance and care of the boat.

3. In case of loss/damage, the coverage amount shall be divided equally among the number of persons in the vessel at the time of the accident.
 Each person is insured with the appropriate amount of the sum insured.

3.1 If a single insurance has been concluded for the skipper, the insurance sum will be available to him alone undivided.

4. For persons under the age of 18, in addition to the AUB 88, the additional conditions for child accident insurance, including poisoning, apply.

5. No insurance cover exists in the event of accidents that occur to the Insured as a result of being involved as a driver, passenger or occupant of a motor vehicle in driving events, including the associated exercise runs, in which the achievement of maximum speeds is required.


6.1 In accordance with the application, the insurance covers up to Euro 51,200 per insured person also for salvage costs incurred:

6.2 for searches for accident victims, even if there is only the presumption of an accident, and in distress due to storm or severe damage to the vessel;

6.3 in the rescue of accident victims and their transfer to the nearest hospital, including the necessary additional costs incurred as a result of the accident for the return to the hometown;

6.4 for the return transport of accident deaths to the hometown.

7. If a single medical expenses insurance exists at the same time, compensation for salvage costs is only granted in the context of accident insurance to the extent that the health insurer has fully fulfilled his contractual obligations and these have not been sufficient to cover the costs incurred. If the health insurer is indemnified or disputes his obligation to pay, the policyholder can directly contact the accident insurer.


Special YACHT POOL conditions D01

Insurance cover is provided within the framework of Sections 1 to 20 of the General Conditions for Legal Protection Insurance (ARB 94) and the following provisions.

Insurance coverage is given to the skipper as the policyholder and the authorized crew as co-insured persons in their capacity as authorized drivers of third parties, that is to say, yachts not owned by them, which, unless expressly agreed otherwise, are used exclusively for private purposes. If the management of the yacht is paid in return, this must be documented in the application and in the insurance certificate.

The coverage amount per legal protection case is Euro 155.000, –

The insurance cover includes

4.1 Compensation for damages according to § 2 a) ARB 94

4.2 Administrative legal protection according to § 2 g) ARB 94

4.3 Criminal and administrative offenses for defense in proceedings for a yacht accident or the violation of criminal and regulatory offenses in connection with the conduct of a yacht pursuant to § 2 i) and j) ARB 94.

Deviating from § 3 (3a) ARB 94, the legal expenses insurer also assumes the costs in proceedings before constitutional courts in connection with the assertion of claims for damages or defense in criminal and administrative offenses proceedings. In the event of claims under this contract, the insurer also covers the costs of complaints before the Federal Administrative Court.

The scope of § 6 ARB 94 is extended to worldwide validity.

The insurer bears the costs of the insured procedures in the context of § 5 ARB 94. If the place of jurisdiction is outside the scope of application stated in § 6 ARB 94, the insurer bears the costs, contrary to § 5 (1) (b) ARB 94.

7.1. Of the own and opposing lawyer in civil cases up to the amount of the legal fees according to federal fees regulations for lawyers (BRAGO) from a value in dispute to Euro 256,000, -.

7.2 In criminal and administrative offenses up to twice the maximum fees provided for by BRAGO.

Obligations the infringement of which gives effect to the indemnification of the insurer

8.1 that the policyholder possesses the necessary official authority to operate the yacht;

8.2 that, at the time of the insured event, the policyholder is not in an alcohol, addiction or drug abuse condition and that he meets his legal obligation to test his breath for alcohol, present himself to a doctor, examine himself and have his blood collected;

8.3 that the policyholder complies with his statutory agreement or assistance obligations after a yacht accident.

8.4 The obligation to provide benefits remains with the policyholder and the co-insured persons insofar as they neither knew nor knew about the breach of these obligations.  Indemnification for breach of duty according to Numbers 8.1 to 8.3 shall only exist if the alleged circumstance has been established in the award or in the justification of a final decision of a court or administrative authority issued in connection with the insured event. Services provided by the insurer must be repaid.

In return for skipper’s legal protection, it can be agreed, against the payment of a contribution supplement, that the insurer pays in advance those amounts up to € 52,000 which the policyholder must spend abroad in order to be spared from prosecution measures (bail bond). This advance must be repaid by the policyholder to the insurer within six months of the payment by the insurer.


YACHT POOL conditions D01

If the insured person/persons are entitled to the chartered yacht for damage to the chartered yacht, the insurer shall be liable up to the amount of the damage incurred, however, not exceeding the sum insured stated in the application. The deductible per damage event, unless otherwise agreed in the application or in the policy, is Euro 50, -.

Insurance coverage is provided to the skipper as the policyholder and the authorized crew as co-insured persons.

As proof of the damage occurred:

the bill in the original
the receipt of the payment made
a detailed description of the course and extent of the damage. This description must be confirmed by the skipper and all crew members by their signature.
the charter contract (copy) and
the crew list (copy)

4.1 The insurer is released from the service if the insured event was caused intentionally or through gross negligence. The regatta risk is excluded unless otherwise agreed.

4.2 The suretyship insurance does not apply to skippers who independently organize charter cruises for a fee or who carry other monetary benefits to the ship. Unless there is another agreement in the policy.

Otherwise, the provisions of the Insurance Contract Act apply.


YACHT-POOL consequential damage conditions D01

The insurance covers the financial damage suffered by the owner of a yacht chartered by the policyholder because the yacht cannot be used for the following charter due to damage culpably caused by the charterer or its crew, and the charterer is liable for damages
due to legal regulations or
is required by the provisions of the Charter Agreement.

Insurance is provided to the skipper as the policyholder and the respective crew members.

2.1 Driver’s license clause
If an official permit is required to operate a water sports vehicle, the insurer will remain exempt from the obligation to provide the service if the responsible driver does not have the officially prescribed permit when the insured event occurs.

2.2 The obligation to provide benefits remains with the policyholder if he/she has been allowed to accept the permission of the responsible leader without fault or if an unauthorized driver has run the vehicle.

The insurer replaces the damage caused by the shortfall in lost days. The basis of assessment of the insurer is the same as in point l. days lost are the daily rate resulting from the pro rata calculation of the yacht’s pure charter (excluding additional services such as flight costs etc.) in accordance with the charter contract of the following charterer. Days of absence include days for which the yacht was chartered prior to the occurrence of the claim and for which no yacht of the owner could be made available for alternative use.

The first three days of absence will not be replaced. The total benefit of the insurer is limited to EUR 13,000 per insured event and insurance year.

the downtime of the yacht due to a machine failure
Damage not caused by the charterer or his crew (eg force majeure, lightning, etc.)
Damage caused by regattas, unless the risk of regattas has been agreed separately

As a condition for claim settlement, the following must be provided:

A report of damage signed by the skipper and all passengers of the yacht at the time of the loss event
A copy of the complete charter contract
A copy of the complete subsequent charter contract of the charterer, who was unable to commence the charter on the ship he booked due to the damage
A report of the agency to which vessel the following charterer was rebooked, if necessary
Confirmation of the agency that could possibly not be transferred to a suitable ship
The driving license of the skipper



Special YACHT POOL conditions D02


1.1 The insurer pays compensation:

1.2 In the event of non-commencement of the charter for the cancellation fees contractually owed to the charter company or another contract by the insured in connection with the charter;

1.3 in the event of cancellation of the journey for the demonstrably incurred additional return travel costs and the other additional costs of the insured directly caused thereby, provided that arrival and departure are included in the insured arrangement; this also applies in the event of subsequent return. Upon reimbursement of these costs, the quality and class of the means of transport, accommodation and food will be deducted from the quality booked by the trip. If, contrary to the booked trip, the return journey by plane is required, only the cost of a seat in the simplest aircraft class will be reimbursed. Not covered are medical costs, costs for escorts and costs for the transfer of a deceased insured person.

1.4 The insurer is liable to pay benefits under clause 1 if, for one of the important reasons listed below, either the insured person’s inability to travel is expected to have a general life experience or if he can not reasonably be expected to commence or terminate the journey:

1.5 in the event of death, serious accident or unexpected serious illness of the insured person, his spouse, children, parents, siblings, grandparents, grandchildren, parents-in-law, children-in-law or, if the trip was booked together for 2 persons, the second person, provided that they are is also insured;

1.6 in case of intolerance of the insured or, in the case of joint travel, of his / her spouse, minor children or siblings of the insured or the parents of a minor insured, if the relative is also insured;

1.7 in the event of damage to the property of the Insured or, in the case of joint travel, one of the insured’s insured persons referred to in section 1.6 as a result of fire, natural disasters or willful intent of a third party, provided the damage is material in relation to the economic situation and the property of the injured party or if his presence is necessary to determine the damage.



2.1 The insurer is not liable:
2.2 for the dangers of war, civil war or warlike events and those arising from the hostile use of weapons and the presence of weapons as a result of any of these threats, political violence, riots, other civil unrest and nuclear energy.

2.3 The insurer is exempted from the obligation to pay if the insured person was able to foresee the insured event at the time the insurance was taken out or the policyholder / insured person caused it intentionally or through gross negligence.

3.1 The insured sum should correspond to the full advertised travel price (insured value). Costs for services not included therein (eg for an additional program) are also covered if they have been taken into account in the sum insured. The insurer is liable up to the amount of the insured sum less deductible; should the demonstrably incurred additional return travel costs exceed the insured value, then the insurer will also replace the excess of the insured value less deductible.

3.2 For each insured event the insured person carries a deductible. Unless otherwise agreed, this will be set at Euro 25, – per person. If the insured event is caused by illness, the insured person shall pay 20% of the reimbursable damage himself, at least Euro 25, – per person.

The policyholder/insured is obliged:

4.1 to notify YACHT-POOL without delay of the occurrence of the insured event and at the same time cancel the trip at the booking office or, in the case of the trip already commenced, with the tour operator;

4.2 to provide YACHT-POOL with any relevant information and to provide it with all necessary evidence on its own initiative, in particular, medical certificates of illness, accident, vaccine intolerance or pregnancy;

4.3 at the request of the insurer, to release the doctors from confidentiality with respect to the insured event, insofar as this request can be legally fulfilled.

4.4 If the policyholder / insured violates any of the above obligations, the insurer shall be released from the obligation to provide benefits, unless the breach is based on intent or gross negligence. In the event of a grossly negligent breach, the insurer shall remain obligated insofar as the breach has neither influenced the determination or the scope of the service incumbent upon the insurer.


The insurer is also liable for performance in the scope of 1.1 if the risks according to no. 1.5 and 1.6 have been fulfilled for the group of persons (crew) described in the insurance certificate.

In the event of damage, the crew list submitted to the agency with the names of the crew members must be submitted.

6.1 The insurer pays compensation:

6.2 if the yacht is not used for one of the important reasons stated in points 1.5 – 1.7 of the Terms and Conditions for the cancellation fees contractually owed by the insured to the charter company;

6.3 in case of premature cancellation of the journey for an important reason mentioned in 1.5 – 1.7 of the Terms and Conditions for the unused part of the costs of the chartering, if a further chartering was not successful. This regulation only applies if the trip has to be canceled due to the failure of the skipper and no replacement skipper can be obtained.

If the insurer’s obligation to pay is determined on the merits and the amount, the compensation must be paid within 2 weeks.