SIGNED by the OWNER
SIGNED by the CHARTERER
SIGNED by the BROKER
| Starting & Ending Time Terms
of Payment |
1. The Owner
agrees to let on bare-boat charter and the Charterer agrees to charter the
unattended above mentioned yacht (hereinafter called "the Yacht")
for the period as stated above and commencing at 17:00’ o'clock on the
stated starting day and ending at 09:00’ o'clock on the stated ending day
for the sum as stated, of which are due and payable by the charterer to upon the
signing of this Agreement. The balance of _ is due and payable in the
following manner: _______ |
| Validity |
2. The
signature of this Agreement by the Owner and/or his Agents becomes valid and binds the
Owner to his obligations hereinafter mentioned only on condition that the Owner will
actually receive the sums of the payments as indicated in Clause 1 above, in time. |
| Delivery |
3. The Owner
agrees:
To fit out the Yacht and to hand her to the Charterer, without crew,
afloat, clean, ready for sea, with all the gear and equipment indicated in the Yacht's
brochure and its inventory list and in proper running and seaworthy condition at__ |
| Insurance |
b. To insure
the Yacht and her equipment against fire, marine and collision risks and third party
damage and against any and all loss or damage in excess of € and the
Charterer shall therefore be relieved of any and 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 or elect 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 ensure delivery of the Yacht on the date and at the place
mentioned in Clauses 1 and 3(a) hereof, but if for any cause whatsoever the Yacht shall
not be available, the Charterer shall have the right of choice of one of following
possibilities: |
|
I. Provided
that the following charter commitment of the Yacht allows it and that the Owner agrees, to
prolong the period of charter by the same length of time by which the delivery has been
delayed. |
|
II. To leave
the date of termination unchanged as in Clause 1 hereof and to be refunded by the Owner
with an amount proportional 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 of delivery exceeds one fourth (1/4) of the total charter time, to cancel this
Agreement and 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
any other compensation for any loss or damage resulting from the curtailment or the
cancellation of this Agreement. |
| Redelivery (Return) of the
Yacht and Delays |
4. The
Charterer agrees:
a. To redeliver the Yacht to the Owner at_ cleaned-up,
together with all her equipment, in the same good condition as she was at take-over, at
the time designated in Clause 1, but, unless the Yacht has become a total loss, if he
shall for any reason fail to deliver the Yacht at the aforesaid date and time, to pay to
the Owner demurrage at the rate of the charter price per day of this Agreement increased
by fifty percent (50%), for every day or fractional part of a day there-after until
delivery has been effected. If he leaves the Yacht at any place other than the place
designated in this Clause, to pay to the Owner all expenses involved in transferring the
Yacht to the place of redelivery and pro-rata demurrage as above for the number of days
required for this transfer, 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 again by the
Owner. |
| Deposit and Guaranty Restrictions in the
use of the Yacht
Composition of Charterer's Party and Cruise Limits |
b. To leave on deposit and as guaranty with the
Owner on taking over the Yacht the amount of__ to meet in
whole or in part any claim by the Owner in respect of any loss or damage to
the Yacht and / or her equipment not recoverable under the policy of
insurance as in Clause 3(b) hereof and for any claim by the Owner in respect
of the provisions of Clause 4(a) above. The aforesaid deposit shall be
refunded to the Charterer, subject to the provisions above, after inspection
of the Yacht, her gear and her inventory by the Owner.
c. Not to use the
Yacht for racing or for towing other craft, except in an emergency, or
generally for any purpose other than that of private pleasure of the
Charterer and his party which should include not less than ONE (1)
qualified skipper and ONE (1) experienced crew members, but not more
than__ in all at sea, or to accommodate aboard any person
other than those shown on the crew/passenger manifest nor to take the Yacht
or permit her to be taken outside the area of the Greek seas nor to sublet
the Yacht without the written consent of the owner. |
| Observance of Customs and
Diving Laws |
d. Not to allow any person on board to commit any act contrary to the custom
laws of Greece or of any country or contrary to the laws pertaining to fishing
or under water fishing nor to seek and/or take possession of objects of
archaeological nature or value and that in case any such act is committed this
Agreement shall thereupon terminate, but without prejudice to any rights of the
Owner and that the Charterer shall carry alone any resulting responsibilities
and he shall answer alone to the appropriate Authorities. |
| Agreement for Towing the Yacht
|
e. To take
every possible preventive measure and precaution 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
should such a necessity arise, in-spite of the Charterer's efforts, to negotiate and 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 a port or anchorage if the wind force is or is predicted to be over six (6) of the
Beaufort Scale or if the harbor Authorities have imposed a prohibition of sailing or while
the Yacht has unprepared damage or any of her vital parts such as engine, sails, rig,
bilge pump, anchoring gear, navigation lights, compass, safety equipment, etc. are not in
good working condition or without sufficient reserves of fuel or in general, when weather
conditions or the state of the Yacht or its crew or a combination of them concerning the
safety of the Yacht and her crew is doubtful. |
| Restrictions in the Use of
Canvas Restrictions in Navigation |
g. When
necessary, to promptly reduce canvas and not to allow the Yacht to be found sailing under
an amount of canvas greater than the one insuring comfortable sailing without excessive
strains and stresses on the rigging and the sails, not to sail the Yacht in any area not
sufficiently covered by the charts at his disposal or without having previously studied
the charts of the area and other printed aids on board thoroughly, not to sail the Yacht
at night without all navigation lights functioning or without sufficient watch on deck. |
| Yacht Log |
h. To keep the
Yacht's Log Book up to date, noting each day the port of call, the state of the Yacht and
its equipment, any change in the composition of the crew when at sea, regularly, the times
positions, weather conditions, sail plan and hours of engine operation. |
| Itinerary |
i. To plan and
to carry out the Yacht's itinerary in such a manner as to reach the port of call farthest
away from the point at which the Yacht must be returned to the Owner (Turn-Around Point)
within the first one third (1/3) of the charter period and that two days prior to the
termination of the charter the Yacht's port of call shall lie at a distance not greater
than forty (40) N.M. from the point at which the Yacht is to be returned to the Owner. |
| Reports of Yacht's Position
and State |
k. To report
by telephone or cable to the Owner at reasonable intervals (every 3 days) the position and
state of the Yacht and of her passengers, as well as in the event of any damage to the
Yacht. |
| Information |
l. To study
and acquire a working knowledge of any printed matter pertaining to the proper handling of
the Yacht and to the conditions in the cruising area which may be made available to him by
the Owner. |
| Charterer's Sailing
Qualifications |
5. This
agreement is entered into on this basis of the Charterer's competence in sailing,
seamanship and navigation stated by him in writing and in the event of any error, omission
or mis-interpretation in this respect being subsequently discovered, the Owner shall be
entitled to terminate this Agreement forthwith and to retain the Charter fees. |
| Test of Sailing Competence of
Charterer and his Crew |
6. The Owner
(or his representatives) may require the Charterer and his crew to demonstrate their
competence in handling and navigating the Yacht safely by actually operating the Yacht at
sea with the Owner (or his representative) aboard and should the Charterer and/or his crew
fail to satisfy the Owner in this respect, the Owner may terminate this Agreement as
stated in Clause 5 above or place aboard the Yacht a seaman, if one acceptable by both the
Owner and the Charterer, is available, at the expense of the Charterer, for as many days
as the Owner will consider necessary for the safety of the Yacht and her passengers and
any time required for this test of the Charterer's competence and seamanship will be part
of the agreed Charter period. |
| Take-Over of the Yacht &
Time required for it |
7. The
delivery of the Yacht to the Charterer will be made at the commencement of the charter
period as designated in Clause 1. The time required to demonstrate the Yacht to the
Charterer and to familiarize him with her shall be part of the agreed charter time. The
free use of the Yacht will be granted to the Charterer after he has signed the Take-Over
form. |
| Acceptance of the Yacht
Charterer's Responsibility during Charter Time |
8. Before
signing the aforesaid form, the Charterer shall have the right to inspect the Yacht, her
gear and her inventory thoroughly to ascertain that all are available and in good working
condition, except as may be noted thereon, but the signature of the Take-Over form by the
Charterer shall be deemed to imply acceptance of the Yacht which thereafter will be in the
Charterer's full responsibility and the Charterer shall have no right to claim for any
loss of time or expense occasioned by any accident or breakdown or failure of any part of
the Yacht. |
| Running Expenses Repairs of
Damages |
9. After
take-over, expenditures for port-dues, water, fuels, oils and 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 and which are not the result of normal and natural wear shall
be made by the Charterer at his expense, 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 of damages or failures resulting clearly from normal and natural wear, the
Charterer shall previously obtain the Owner's consent with regard to the cost and
technical suitability of these repairs and the Charterer shall collect the pertinent
receipts against which he shall be refunded by the Owner at the end of the charter. |
| Ascertainment of Damages |
10. If any
accident or damage is caused by the Yacht, the Charterer shall request from the nearest
Port Authority to ascertain the damage or accident and the circumstances in which it has
been caused and to make a written record and statement about it and he shall notify the
Owner at the same time. |
| Cancellation or Premature
Termination |
11. In the
event of cancellation of the charter by the Charterer, for any reason, except as mentioned
in Clause 3 (c) (III), after signing this Agreement, all advance payments made up to the
date of cancellation will be retained by the Owner, and the Owner reserves the right to
refund the said deposits only if he succeeds in letting the Yacht to another Charterer for
the same period and under the same conditions. In the event that the Charterer should
elect to terminate the charter and deliver the Yacht prior to the date designated in this
Agreement, the Owner shall not be liable to the return of any proportional part of the
hire money. |
| Total loss of Yacht |
12. Should the
Yacht become an actual or constructive total loss before or during the charter period,
this Agreement shall be deemed to be at an end and the Charterer shall recover from the
Owner all charter money paid in advance to the Owner only in case the loss has occurred
before the charter period, or during the charter period, provided that the Charterer or
his crew were not responsible for the loss. |
| Special Provisions |
13. The
special provisions if any, set out in the Schedule hereto are fully accepted and form part
of this Agreement. |
| Agents |
14. The Agents
of the Owners, act in good faith on behalf of both Owner and Charterer but
contract as Agents only and in no way incur any liability for any acts, matters or things
done, committed, omitted or suffered by either party, except for the responsibilities
provided by the pertinent legislation of Greece. |
| Arbitration of Disputes |
15. In the
event of any dispute arising between the parties hereto with respect to this Agreement or
anything herein contained the same shall be referred 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 and when they shall disagree, the decision in such event of the
Umpire to be final. |
|
SPECIAL
PROVISIONS |
| Additional Conditions (if
any) |
|