Top Adria Charter is a partner of "Yacht-Pool", which has been developing for decades to
become a reliable partner in charter and yacht insurance.
Due to the current situation, the issuance of further, new security certificates by our insurer was generally stopped on March 27, 2020.
Your charter payments are ensured if You realize Your booking at Top Adria Charter covered by a safety certificate of the company "YACHT-POOL" with which Your receive one part or the full amount of Your payment.
The ensurance is valid only for agencies or the charter companies as partner of "YACHT - POOL", which announced the insolvency.
When You should book, the security certificate is included for free and shall be send to You with the original documents.
In addition, we recommend all our customers a Charter-cancellation insurance and a deposit insurance.
With our offers You will find a formular that you can use for the ensurance selection.
Who is covered? All persons on the crew manifest, which must be generally submitted to the charter
agency or company, are deemed insured. Even when the composition of the crew changes, any newly
added crew members are automatically co-insured. The only proviso is that the exchanged crew
members have been registered with the charter agency or company, or directly at YACHT-POOL (a
fax suffices). If the charter agency or company does not require the crew manifest to be submitted,
then the names of the crew and any changes in the crew must be reported directly to YACHT-POOL.
A decisive advantage of our charter-cancellation policy is that we modify the contract free of charge
even when a trip is rescheduled.
Skipper's liability insurance
Skipper's liability insurance
Our skipper's liability insurance protects you from the legally-affirmed claims of third parties. By
virtue of the charter contract, your liability for damage to the yacht itself is limited to the amount of
the fidelity-bond, unless your actions have been "grossly negligent", in which case the charter
company or the insurance company has the right of full recourse against you.
Any liability insurance which may be in place for the vessel in one form or another (unknown to you,
anyway), does not apply in such cases, since they are generally covered by hull insurance. And what's
more, the hull insurer and/or the charter company have the right of recourse against a culpable party in
situations involving gross negligence. For this reason, we specifically include hull damages arising due
to "gross negligence" in our coverage.
In addition, our terms include coverage for all liability claims for damages which you cause to others.
For example, compensation claims made by your crew due to personal injury, or compensation claims
made by their children, spouses, or their health/accident insurers – i.e. parties who, after paying for a
loss, are entitled to seek recourse against those culpable. The crew members, also, are not wholly
immune from liability, and are therefore co-insured, e.g. in their capacity as helmsmen, etc.
Hull damage to the yacht (insofar as caused by gross negligence) is not covered. As a rule, the charter
contract calls for damage restitution up to the limit of the fidelity bond in such a case.
Only a fidelity-bond policy can insure against this type of risk.
• You must immediately report a loss-event which
is assumed to involve liability to your charter homebase.
So as not to forfeit the coverage protection of your liability insurance you must not:
• Make any admission of fault NOR
• Make any out-of-pocket payment.
Clarifying who is at fault is primarily the task of the insurer of your chartered vessel and
secondarily the task of the insurer that issued your skipper's-liability policy.
Charter fidelity-bond insurance
In accordance with YACHT-POOL’s terms for fidelity-bond insurance, the insurer will reimburse
legitimate deductions from the bond, insofar as these were culpably caused by the skipper and/or the
crew. Such reimbursement will be limited to the pre-selected coverage amount, which will generally
correspond to the co-payment for the hull insurance. If the damage amount exceeds that of the copayment,
the hull-insurer of the vessel owner will have to pay. The fidelity-bond to be drawn against
should therefore not exceed the co-payment amount for the hull insurance.
Please note that only legitimate deductions may made against the bond! Illegitimate deductions would
be those arising from damages not due to the mistaken conduct of the skipper or his crew, but rather to
such factors as poor construction or wear and fatigue of materials (ripping of the forestay without
external cause, torn shrouds, anchor cables, etc.) In such cases, please communicate with the charter
company if you are being held liable for losses which are not your responsibility, and send us a
statement of your position as needed.
Always behave as if you had no insurance and avoid reckless actions. This is your responsibility
under general insurance-contract law. Insurance coverage is an internal legal relationship between you
and your insurer. Thus it is best to avoid rows and arguments with your charter homebase, since
misunderstandings could result and make your legitimate negotiating position more difficult, esp.
since people may assume that "your insurance will take care of it." If such "misunderstandings" are not
resolved over the long-term, this could lead to the exclusion of certain charter companies from
insurance coverage, a scenario none of us would welcome.
If deductions are made from the bond for damage claims which you are unable to defend against, then
ask the charter company for a corresponding receipt and, if needed, a repair bill. Mail in these items,
along with a damage-report undersigned by the entire crew, as soon as you return home. The
authorised recipient of all insurance benefits is the policy holder designated in the insurance contract.
Please keep in mind that your fidelity-bond is valid only for damages to the chartered yacht (this
should be stated in the charter contract!) and not for liability damages, which are the primary
responsibility of the liability-insurer of the chartered yacht and only the secondary responsibility
of the company issuing the skipper's liability insurance (if any).
When concluding a contract, you should look out for the following points and, if necessary, clarify
them in writing:
• Make sure that the deposited fidelity-bond can only be drawn against to pay for property
damage which you or your crew have caused to the ship, and that repair bills are required for
• Make sure that there are no co-payments stipulated for liability-related damages, and that
funds from the fidelity-bond are therefore not used to pay liability damages.
Please verify that these points have been made unmistakably clear in your charter contract. In case of
doubt, make a supplemental agreement in regard to the points above. You will thus avoid any later
legal disputes. This is important for you, since it happens time and again that fidelity-bond funds are
collected against at will (i.e improperly). This then becomes a problem strictly related to contract law
Why do you need consequential-damage insurance?
Because it can happen that you or your crew cause damage to a chartered yacht in such a way
as to put it out of service for a subsequent chartered trip. Based on the applicable laws or on
the terms of the charter contract, you may be obligated to make restitution for this loss.
Starting with the fourth "lost" day, our consequential-damage policy pays the legitimate
claims of the yacht owner, up to € 13,000 (in accordance with YACHT-POOL’S terms for
This policy, too, doesn't just cover designated charters, but is valid for an entire year without
limitation – world-wide!
You can apply it to charter trips with whatever destination, frequency, vessel (limited only by
the size you specify) or duration you wish