Fleurie · Bavaria 45 Cruiser

CHARTERCONTRACT – TERMS AND CONDITIONS
Term, Hire & Payment
1. The owner agrees to let on bare-boat charter and the Charterer
agrees to charter the unattended yacht …………… (hereinafter called
“the yacht” from 5:00 pm on the ………… of 20… and ending at
9:00 am on the ………….. of 20.. for the sum of ……….. Euro of which
50 % are due and payable by the Charterer upon to the signing of
this Agreement. The balance of 50 % is due and payable latest 6
weeks before embarkation.
Delivery:
2. The Owner agrees:
a) to fit out the boat and handle her to the Charterer, without crew,
clean, ready for sea, with all the gear & equipment in proper running
condition at Gouvia Marina, Corfu.
b) to insure the yacht & her equipment against fire, marine & collision
risks and 3rd party damage & against any & all loss or damage on excess
Of …………. Euro & the Charterer shall be relieved of any & all liability
which is covered by the said Policy, provided that such loss or damage is
not caused or contributed to by any act of gross negligence or willful
default on his part. Should the owner fail not to effect such insurance he
shall assume the same responsibilities as if the Yacht were so insured,
but he shall not be under any liability for the loss or damage to the
personal property of or for any injury to the Charterer or any person on
board with his permission.
Delayed delivery:
c) to employ every reasonable effort to deliver the yacht on the date &
place mentioned in Clauses 1 & 2(a), but if for any cause the yacht
should be unavailable, the Charterer shall have the right of choice of one
of the following possibilities:
I. to prolong the period of charter by the same length of time by which
the delivery has been delayed, provided that the following charter
commitment of the yacht allows it & the Owner agrees.
II. To leave the date of termination unchanged and to be refunded by the
owner with an amount proportonal to the time by which delivery was
delayed at the rate corresponding to the total charter fees in Clause 1.
hereof.
Excess delay:
III. If the delay exceeds 1/4 of the total charter time, to cancel this
Agreeement & to be refunded by the Owner with the total amount paid
for this charter, In any of the events mentioned in this Clause, neither
party shall be liable to pay to the other compensation for any loss or
damage resulting from the curtailment or the cancelation of this.
Redelivery (return) of the yacht & delays:
3. The Charterer agrees:
a) to redeliver the Yacht to the Owner at Gouvia Marina, Corfu, cleaned-
up, with all her equipment in the same good condition as she was at
take-over, at the time agreed, but unless the yacht has become a total
loss, if he shall for any reason fail to deliver the yacht at the agreed date
& time, to pay to the Owner demurrage at the rate of the charter price
per day of this Agreement increased by 50 %, for every day, until
delivery has been effected. If he leaves the yacht at any place other than
the place agreed, to pay to the owner all expences involved in transfering
the yacht to the place of redelivery, as well as for any loss or damage not
covered by the insurance policy, which may occur on or to the Yacht until
she has been taken over by the owner.
Deposit & Insurance:
b) to leave on deposit & as guaranty the amount of ………Euro for any
loss or damage to the yacht and/or her equipment not recoverable by
the insurance. The deposit shall be refunded to the Charterer, after
inspection of the Yacht, her gear and her inventory by the owner.
Party & Cruise limits:
c) Not to use the Yacht for racing or for towing other craft, except in an
evergency or generally for any purpose other than that of private
pleasure of the Charterer and his party which should include not less
than 1 qualified skipper and 1 experienced crew members, but not
more than … in all at sea.
Diving Laws:
d) Not to allow any person on board to commit any act contrary to the
custom laws of Greece regarding fishing or underwater fishing nor to
seek or take possession of objects of arechaeological nature or value,
otherwise this Agreement shall terminate and the Charterer shall carry
alone any responsibilities and shall answer alone to the appropriate
Authorities.
Towing the yacht:
e) to avoid to bring the yacht in any condition in which the yacht will
need to be towed to any point by another vessel, but if this situation
arises, to negotiate & agree with the captain of the other vessel on the
price to be paid, before allowing the yacht to be towed.
Restrictions in leaving port:
f) Not to leave the port if the wind force is predicted to be over 6
Beaufort or if the harbor Authorities have imposed a prohibition of sailing
or while the yacht has unrepaired damage or any of her vital parts:
engine, sail, rip, bilge pump, anchoring gear, navigation lights, compass,
safety equipment etc. are not in good condition or if weather conditions
are doubtful.
Use of canvas:
g) to reduce canvas when necessary, insuring comfortable sailing without
excessive stress on the rigging & sails, not to sail in any area not
sufficiently covered by the charts, not to sail at night without all
navigation lights functioning.
Inform:
h) to report by telephone to the owner in the event of any damage to the
Yacht.
Information:
i) to study any printed matter pertaining the prober handling of the yacht
& to the conditions of the cruising area.
IT IS HEREBY & FURTHER AGREED by and between the parties hereto:
Charterer´s Sailing Qualifications:
4. This Agreement is entered into on the basis of the Charterer´s
competence in Sailing, seamanship & navigation stated by him in writing
& in the event of any error, omission or missinterpretation in this respect
being subsequently discovered, the Owner shall be entitled to terminate
this Agreement forthwith and to retain the charter fees.
Test of charterer´s sailing skills:
5. The Owner may require the Charterer & his crew to demonstrate their
competence in handling & navigating the yacht safely by actually
operating the Yacht at sea with the Owner abroad & should the Charterer
fail to satisfy the Owner, the Owner may terminate this Agreement or
place a seaman abroad the yacht, if available, for as many days as
necessay for the safety of the yacht & her passengers.
Acceptance of the yacht:
6. Before signing the Agreement, the Charterer has the right to inspect
the yacht, her gears & her inventory thoroughly to ascertain that all is in
good working condition.
Running expences:
7. After take-over, expenditures for port-dues, water, fuels, oils & any
other stores required, as well as the repair of any damage or failure that
may occur while the yacht is in the Charterer´s responsibility, shall be
made by the Charterer at his expence, provided that he previously
obtained the consent of the owner for the technical suitability of the
repair to be made. In the case of repairs or damages resulting clearly
from normal & natural wear, the Charterer shall obtain the Owner´s
consent with regard to the cost, and shall collect the pertinent receiptsagainst which he will be refunded by the Owner at the end of the charter.
Damages:
8. If any damage or accident is caused by the Yacht, the Charterer shall
request from the Port Authority to ascertain the damage or accident &
circumstances in which it had been caused and to make a written record
about it and shall notify the Owner at the same time.
Cancellation premature termination:
9. In the event of cancelation by the Charterer, for any reason, except as
mentioned in Clause 2(III) all advance payments made up to the date of
cancelation will be retained by the Owner and the Owner can refund the
said deposits only if he succeeds in letting the yacht to another charterer
for the same period.
Total loss of the Yacht:
10. Should the Yacht become an actual or constructive loss before or
during the charter period, this Agreement shall be deemed to be at an
end and the Charterer shall recover by the Owner all charter monies paid
in advance to the Owner, provided that the Charterer or his crew was not
responsible for the loss.
Agents:
11. The Agents act in good faith on behalf of both Owner & Charterer &
in no way incur any liability for any acts, matters or things done
committed or ommitted by either party.
Arbitration of disputes:
12. In the event of any dispute arising between the two parties, shall be
refered to two Arbitrators in Greece, one to be appointed by each party,
whose decision shall be final or to an Umpire to be appointed by such
Arbitrators, if & when they shall disagree, the decision in such event of
the Umpire to be final.
NOT INCLUDED: PETROL AND HARBOURFEES OUTSIDE GOUVIA-MARINA
13.The charterer declares that there is no professional crew
member on board who has received any form of payment for his
services and that no such person will be a added to the crew during
the charter without the prior written agreement of the owner. If the
charterer acts to the contrary of this agreement any and all
penalties that arise according to the Greek law will be undertaken
by the charterer and he will be held legally responsible.