Chartering (shipping)

The Charter (English ) refers to the temporary transfer of an object against the payment of a fee.

The terms of the lease are set out in a charter party. In particular, in the shipping and aviation, the term is used when vehicles are to be used for a certain period of other than the owners. When it comes to the chartering of sailing and motor boats for holidays or regattas, this is referred to commonly as a yacht charter.

Aircraft charter

Tourism companies often charter aircraft, hence the term comes charter flights.

Ship charter

In international maritime following charter types are distinguished:

Bareboat charter

It is left to the unmanned ship for a single trip or for a defined period the charterer. The charterer himself to care for the ship management and ownership during the period of use, the cost of maintenance, repairs and supplies. International usual a bareboat charter is agreed and calculated in U.S. $ per calendar day. Can the ship during this time can not be used, for example, due to a technical fault, this is the risk of the charterer. Bareboat Charter plays an important role in flagging, since this form allows use of § 7 FlaggRG to drive under a foreign flag, without leaving the German ship register. So in July 2011 3166 ships with gross tonnage 67,994,048 were temporarily flagged out. By number of ships were the most popular foreign flag Liberia, and Antigua and Barbuda with 1194 or 1086 vehicles. Liberia led here by tonnage with 40,432,091 GT to the list by far. The bareboat charterer is called outfitter when he equips the chartered ship with fuel, food, drinking water and technical naval stores and operates with its own crew including a captain. Agreed the bareboat charterer, however, a "management agreement" clause in which the owner of the ship equipment including repairs and the crew is transmitted including a captain (to demise ), it is called Demise charterer.

Voyage charter ( Voyage Charter )

In contrast to the time charter, the vessel owner to the charterer to the ship for a particular voyage and not for a corresponding period of time. The charter amount is therefore calculated not by time, but by the charge. In general, there are for the loading and / or unloading time ( laytime ) a specified period, which is determined by hours or days. If this time is exceeded, the demurrage ( Demurrage ) begins. For this purpose, shall be paid by the charter party regularly a fixed rate per hour or day in addition. In the opposite case the shipowner to the charterer can pay a certain amount if the charterer remains below the laytime ( dispatch ). Frequently this is half of the amount demurrage. The risk for delays borne by the ship owner here.

Time charter ( time charter )

The ship's owner (owner ) provides the operational, capable of charging and manned ship to the charterer for a defined period of time. International usual a time charter is agreed and calculated in U.S. $ per day of use. The charterer pays in addition to the agreed charter also the fuel needed and the cost of port calls, channel passages, etc. The owner is responsible for the technical condition of the ship and has to keep the ship during the period of repair. He can run the ship management itself or a third party in, the so-called authorized ship. Can not be used the ship during the period of use, for example, due to a docking or a technical defect, the vessel off-hire is made, ie the charterer pays for this period no charter. In this type of Charters, the risk of delay on the part of the charterer is.

German law

The classification of the charter agreement in the contract types of the German law of obligations is difficult because of the many different configurations. In general, it is a service contract and not a contract for work. If the entire ship or aircraft for a specified time left entirely to the charterer without crew to use (so-called bareboat charter, or dry lease), then there is a rental agreement. Is due to an Employment clause, the release of the team owed ​​, the rules of transport law are usually applied. About Can the lessor ( eg airline) only a quota of places for passengers (eg to a tour operator), there is a contract for services with the duty of collecting transport close. In shipping, instead of " rent ", the term " charter " familiar.