Greek court action for damage to charter yacht

[paharrop]

I read with interest the article in this months Magazine where damage to a charter boat has led to a court summons for the responsible Skipper.

I have chartered a boat 4 times - 1 in Turkey and 3 in Croatia and always take the damage waiver insurance - after all accidents can happen. I have never required it, or returned the boat with damage. The fact I have this also doesn't mean I take risks - it's just to me peace of mind. Like the Skipper in this article I would therefore have thought, if I had an accident, that paying all that is due would see the end to the problem.

My question is that I am now loooking to charter in Greece and this article leaves me to contemplate returning to Croatia rather than risk potential incarceration due to an unforseen accident.

In consideration of this change in venue I wondered
1 Were there any special circumstances to this case which could explain the court summons - from my reading it seems like an accident that could happen to anyone
2 Are the laws the same in Croatia or is this limited to Greece - you state this is also for UK but I have never read of any such case being reported

Thanks for any guidance available

Paul

 

[iain789]

For the benefit of those of us who don't have the "magazine" (?YM) to hand, maybe a precis of the article would help us answer the question. As it stands, unfortunately your post does not have nearly enough information.

Welcome to the forum, by the way.

 

[prv]

For the benefit of those of us who don't have the "magazine" (?YM) to hand, maybe a precis of the article would help us answer the question.

I think the OP thinks he's writing direct to the editors

Pete

 

[Pete7]

For the benefit of those of us who don't have the "magazine" (?YM) to hand, maybe a precis of the article would help us answer the question. As it stands, unfortunately your post does not have nearly enough information. Welcome to the forum, by the way.

Some years ago an ordinary bloke charters a yacht in Greece. He takes out accident insurance as part of the charter package. A some point during the holiday he smacks the yacht into a rock. He arranges for boat to be lifted on return to yacht base and insurance covers costs of the repair. Yachtie goes home and some time passes. Now Greek officials want their pound of flesh for causing an accident by issuing court papers to charterer.

 

[prv]

Now Greek officials want their pound of flesh for causing an accident by issuing court papers to charterer.

So this is the Greek government rather than the charter company? Treating the accident itself as a criminal offence rather than the damage to the yacht as a civil loss?

Bizarre.

Pete

 

[macd]

So this is the Greek government rather than the charter company? Treating the accident itself as a criminal offence rather than the damage to the yacht as a civil loss?

Bizarre.

Pete

Perhaps not that bizarre. Such a process wouldn't be a huge surprise if it was a hire car he'd driven into a tree, particularly if there were indications of recklessness. But it does seem excessive for what was presumably simple carelessness (or even the utterly useless Greek hydrographic surveys in many parts of their country, such as Sinfonia, where I am now).

 

[RichardS]

So this is the Greek government rather than the charter company? Treating the accident itself as a criminal offence rather than the damage to the yacht as a civil loss?

Bizarre.

Pete

But normal for Greece. Try writing down the numbers of some aircraft at a public air show which you have previously sought and obtained permission to write down and watch what happens? :ambivalence:

Richard

 

[duncan99210]

As I understand it under Greek law you can commit an offence by having an accident in a boat. You can then compound the offence by not reporting the accident to the Coast Guard. No idea if this happened in this case but it wouldn't surprise me. Also surprises me that the charter company didn't provide better guidance to the poor bloke at the time of the incident.

 

[Norman_E]

It looks as if they also waited until the last possible time before issuing a criminal summons, I think the article said the accident was five years ago.

 

[jimbaerselman]

This court action was served on a CA member. The CA local representative recommended a lawyer. The case was dismissed.

5 years is a fairly normal wait. Courts are over-loaded. There's no equivalent of the Crown Prosecution service to filter trivial from important cases.

There is not much awareness among charter folk of the draconian powers of the authorities in these matters. So I've posted a a new topic covering this point: http://www.ybw.com/forums/showthrea...istance-in-Greek-Waters&p=5752272#post5752272

 

[pmagowan]

I am sailing in Greece later this year and although I have never required assistance at sea this does concern me. It is no wonder Greece has problems if this is the kind of attitude it has towards what is a big tourist sector. I suppose the plan must be to contact the charter company for assistance of anything goes wrong and try not to involve the authorities. What a sorry mess the Greeks have got themselves into!

 

[savageseadog]

Not restricted to boating and yachting. I noticed when last in Greece that it wasn't unusual for tourists to be arrested for damaging hire cars as well as boats. It seems that the Police enforce civil debts as well.

 

[paharrop]

Thanks for all the comments - Ive been out of the country so a bit late in coming back

I didn't think this was just to the editor -although I HOPED someone from the magazine / in knowledge would help- but didn't recognise some people wouldn't have the magazine - so sorry for lack of outline - and thanks Pete for picking it up. Definitely was an authority issue not the charter company.

Following what has been put I take

1 this is a real risk
2 the case was dismissed - does this suggest a small amount of sense prevailed ?!

but does anyone know if the same powers are held in Croatia - and therefore the same risks exist. We want to try somewhere new but this might swing us back to Croatia

Thanks

Paul