Responsabilidad en los daños en un barco alquilado

[jorgegcab]

Perdón, había olvidado poner las condiciones del alquiler en cuanto a daños en el barco:

"4. INSURANCE AND DAMAGE
4.1. The Company will insure the Yacht against all the usual marine risks with protection and indemnity insurance of at least £2,000,000. The Yacht insurance does not cover personal effects of the Charterer or any member of the charter party.
4.2. Notwithstanding the provisions of 4.1 the Charterer shall be liable for any damage or loss to the Yacht, its equipment or furnishings occasioned by the Charterers, or any other member of the charter party's, own negligence or misuse.
4.3. If during the period of charter the Charterer is prevented from using the Yacht through reason of breakdown of machinery or gear or by damage to the Yacht which is not due wholly or in part to the Charterer, his servants or agents or any member of the charter party's negligence, act or omission then a pro-rata return of the Charter Fee shall be paid to the Charterer for any period that the Yacht is unfit for use. Engine breakdown and failure of electronic navigational aids are not considered to make the Yacht unfit for use under the terms of this agreement.
4.4. If during the period of the charter the Yacht becomes a total loss, whether actual or constructive, and provided such total loss is not due wholly or in part to the Charterer, his servants or agents or any member of the charter party's negligence, act or omission or misuse by the Charterer, his servants or agents or any member of the charter party then a pro-rata refund of the unexpired portion of the Charter Fee shall be made to the Charterer.
4.5. The Company shall have no liability for the death or personal injury to the Charterer, his servants or agents or any member of the charter party or any other person except where such death or injury is caused by the express act, default or negligence of The Company
4.6. Save as provided in clause 4.5 The Company shall have no liability for any loss or damage however caused arising out of this agreement or of the Charterers use of the Yacht."

Entiendo que se trata de una responsabilidad no limitada a la fianza pero en la que se incurre sólo si hay negligencia o mal uso por la tripulación.

¿Alguna idea sobre cómo argumentar el tema?