For the charterer, please complete the red text
NAME OF YACHT: AVALONA
Type: Sea Ranger
Length:20 metres
Port of Registry-. Flag: Dutch
This Date and Place:
Between the Undersigned Parties it has been Agreed as Follows:
OWNER: Private Yacht
Charters
CHARTER (contract name)
CHARTER PARTICULARS
CHARTER PERIOD: From Hrs on the:
TO Hrs on the
PORT OF DELIVERY: Alicante Spain
PORT OF RE-DELIVERY:
Alicante Spain (or in concert)
Cruising Area: Mediterranean
Maximum Number of Guests Sleeping (7) and Cruising (in concert) on Board
Crew Consisting of : Two
Fee € 1000,- a booking plus € 1000,- for each day chartering
Current account (daily expense)€ 350,- for each day chartering
CHARTER FEE:
FIRST INSTALMENT: € 2000,- for each booked week in advance.
SECOND INSTALMENT: Three weeks before departure.
(boeking fee plus €
1000,- a day plus the daily expens account.
The CHARTERER shall pay in addition to the charter fee and at cost: All fuel
costs for the yacht and it's tenders; all harbour fees; and local taxes; food
and beverages for the CHARTERER's party; and all communications costs for the
charterers party.
The OWNER and CHARTERER
accept that clauses 1-22 form part of this agreement.
OWNER
DATE
Private Yacht
Charters
Postbus
34
2450 AA Leimuiden
Holland
SIGNATURES
CHARTERER
NAME:
ADDRESS:
PLACE:
COUNTRY:
BIRTH DATE:
PASSPORT NR:
DATE:
SIGNATURES:
CLAUSE 1. AGREEMENT TO LET
AND HIRE
The OWNER agrees to let the Yacht to the CHARTERER and not to enter into any
other Agreement for the Charter of the Yacht for the same period. The CHARTERER
agrees to hire the Yacht and shall pay the Charter Fee, the Security Deposit,
and any other agreed charges, in cleared funds, on or before the dates and to
the Account specified in this Agreement.
CLAUSE 2. DELIVERY
The OWNER shall at the beginning of the Charter deliver the Yacht to the Port of
Delivery and the CHARTERER shall take delivery in full commission and working
order, seaworthy, clean, in good condition throughout and ready for service,
with full equipment, including up to date safety and life-saving equipment (including
life-jackets for children if any are carried in the Charterer's Party), as
required by the Yacht's registration authority and fitted out as appropriate for a
Yacht of her size and type and enabling the CHARTERER to use the Yacht as set
out in Clause (13). The OWNER does not warrant her comfort in bad weather
conditions for all cruises or passages within the Charter Area.
CLAUSE 3 RE-DELIVERY
The CHARTERER shall re-deliver the Yacht to the OWNER at the Port of Re-Delivery
free of any debts incurred for the CHARTERER's account during the Charter Period
and in as good a condition as when delivery was taken, except for fair wear
and tear arising from ordinary use. The CHARTERER may, if he wishes, re-deliver
the Yacht to the Port of Re-Delivery and disembark prior to the end of the
Charter Period but such early re-delivery shall not entitle the CHARTERER to any
refund of the Charter Fee.
CLAUSE 4 CRUISING AREA
The CHARTERER shall restrict the cruising of the Yacht to within the Cruising
Area and shall also restrict time under way to an average of six (8) hours per
day, unless the Captain, in his sole discretion, agrees to exceed this time.
CLAUSE 5. MAXIMUM NUMBER OF PERSONS, RESPONSIBILITY FOR CHILDREN, HEALTH OF
CHARTERERS PARTY
a)The CHARTERER shall not at any time during the Charter Period permit more than
the Maximum Number of Guests Sleeping or Cruising on Board plus, at the sole
discretion of the Captain, a reasonable number of visitors whilst the Yacht
is securely moored in port.
b)If children are taken on board, the CHARTERER shall be fully responsible for
their safety, conduct and entertainment and no member of the crew shall be held
responsible for their safety or entertainment.
c)The nature of a yacht charter may render it unsuitable for anybody with
physical disability or undergoing medical treatment. By signature of this
Agreement the CHARTERER warrants the medical fitness of all members of the
CHARTERER's party for the voyage contemplated by this Agreement. The CHARTERER
and his party undertake to have all necessary visas and vaccinations for the
countries to be visited.
CLAUSE 6. CREW
The OWNER shall provide a suitably qualified Captain acceptable to the
insurers of the Yacht and a suitably experienced Crew, properly fed and
insured. The OWNER shall ensure that no member of the Crew shall carry or use
any illegal drugs on board the Yacht or keep any firearms on board and shall
ensure that, the Captain and Crew comply with the laws and regulations of any
country into whose waters the Yacht shall enter during the course of this
Agreement.
CLAUSE 7 CAPTAINS AUTHORITY
The OWNER shall ensure that the Captain shows the CHARTERER the same attention
as if the CHARTERER were the OWNER and the captain shall comply with all
reasonable orders given to him by the CHARTERER regarding the management,
operation and movement of the Yacht, wind, weather and other circumstances
permitting. The Captain shall not, however, be bound to comply with any order
which, in the reasonable opinion of the Captain, might result in the Yacht
moving to any port or place that is not safe and proper for her to be in, or
might result in the CHARTERER failing to re-deliver the Yacht upon the
expiration of the Charter Period, or would in the reasonable opinion of the
Captain, cause a breach of Clause (13). Further, without prejudice to any
other remedy of the OWNER, if, in the reasonable opinion of the Captain, the
CHARTERER or any of his Guests fail to observe any of the provisions in Clause
(13) and if such failure continues after the Captain has given due and specific
warning to the CHARTERER in writing in respect of the same, the Captain shall
inform the OWNER and the Broker(s) and the OWNER may terminate the Charter
forthwith or instruct the Captain to return the Yacht to the Port of Re-Delivery
and upon such return the Charter Period shall be terminated. The CHARTERER and
his guests shall disembark, the CHARTERER having settled all outstanding
expenses with the Captain beforehand and the CHARTERER shall not be entitled to
be refunded any of the Charter Fee.With particular regard to the use of
watersports equipment, defined in Clause 16, the Captain shall have the
authority to exclude the CHARTERER, or any or all of his Guests from use of any
particular watersports equipment if, in his reasonable opinion, they are not
competent, are unsafe, are behaving in a irresponsible manner, or are
failing to show due concern for other persons when operating this equipment.
CLAUSE 8. OPERATING COSTS
The CHARTERER .shall be responsible for the operating costs, as specifically
defined under "CONDITIONS" on Page One of this Agreement for the
entire Charter Period for himself and his Guests. Having paid the Advance
Provisioning Allowance (A.P.A.) the CHARTERER shall be advised by the Captain,
at intervals, as to the disbursement of the A.P.A. and shall, if the balance
remaining becomes insufficient, in the light of current expenditure, pay to the
Captain, in cash, a sufficient sum to maintain an adequate credit balance.
Prior to disembarkation at the end of the Charter Period, the Captain shall
present to the CHARTERER a detailed account of expenditure with as many
supporting receipts as possible, and the CHARTERER shall pay to the Captain, in
cash, the balance of the expenses, or the Captain shall repay to the CHARTERER,
in cash, any balance overpaid, as the case may be.
Unless specific alternative arrangements have been made in writing, in advance,
all payments for operating costs etc. shall be payable in cash in the same
currency as the Charter Fee. Payment by cheque, credit card or other negotiable
instrument is not non-normally acceptable due to the itinerant nature of the
Yacht and the CHARTERER should therefore ensure that he is carrying sufficient
cash to cover all reasonably foreseeable expenses.
CLAUSE 9. DELAY IN DELIVERY
a)If, for any reason, the OWNER is unable to deliver the Yacht to the CHARTERER
at the Port of Delivery at the commencement of the Charter Period, the OWNER
shall pay or allow to the Charterer demurrage at pro-rata daily rate or, if it
be mutually so agreed, the OWNER shall allow a pro-rata extension of the
Charter Period.
b)If, however, by reason of Force Majeure, delivery has not been made by the
OWNER within forty-eight (48) hours, or after a period equivalent in time
to one-tenth (1/10) of the Charter Period, whichever period is the shorter,
after the due time of delivery, the CHARTERER shall be entitled to treat this
Agreement as terminated and, as an exclusive remedy, to receive repayment,
without interest, of the full amount of payments made by the CHARTERER to the
OWNER or the Stakeholder, or, if it be mutually agreed, the Owner may
allow a pro-rata extension of the Charter Period, subject to subsequent
bookings.
c)If, however, otherwise than by reason of force Majeure, delivery has not been
made by the OWNER within the aforesaid period, the CHARTERER shall be entitled
to treat this Agreement as repudiated by the OWNER and as an exclusive remedy,
in addition to repayment without interest, of the full amount of all payments
made by the CHARTERER to the OWNER or the Stakeholder, shall be entitled to be
paid by the OWNER, by way of liquidated damages, on the following scale if
Notice of Cancellation is given:
i) three months or more before Commencement of the Charter Period, an amount
equivalent to fifteen percent (15%) of the Charter Fee.
ii) more than fourteen days but less than three months before Commencement of
the Charter Period, an amount equivalent to thirty percent (30%)-of the Charter
Fee.
iii) less than fourteen days before Commencement of the Charter Period, an
amount equivalent to fifty percent (50%) of the Charter Fee.
CLAUSE 10 DELAY IN RE-DELIVERY
a)If re-delivery of the Yacht is delayed by reason of Force Majeure then
re-delivery shall be effected as soon as possible thereafter and in the meantime
the conditions of this Agreement shall remain in force but without penalty or
additional charge against the CHARTERER.
b)If the CHARTERER fails to re-deliver the Yacht to the OWNER at the Port of
Re-Delivery due to intentional delay or change of itinerary against the
Captain's advice, then the CHARTERER shall pay to the OWNER demurrage at the
daily rate plus forty percent (40%) of the daily rate and if delay in
re-delivery exceeds twenty-four (24) hours, the CHARTERER shall be liable to
indemnify the OWNER for any loss or damage which the OWNER shall suffer by
reason of deprivation of use of the Yacht or cancellation of, or delay in
delivery under, any subsequent charter of the Yacht.
CLAUSE 11. CANCELLATION
If the OWNER or the Brokers shall be given by the CHARTERER notice of
cancellation of this Agreement on or at any time before commencement of the
Charter Period, or if the CHARTERER shall fail, after notice, to pay any amount
payable under this Agreement, the OWNER shall be entitled to treat this
Agreement as having been repudiated by the CHARTERER and to retain the full
amounts of all payments made to the OWNER, or the Broker(s), before repudiation.
If, however, the OWNER is able to re-let the Yacht to another charterer for all
or part of the charter period, upon similar or discounted terms, then the OWNER,
or the Broker on his behalf, shall refund to the CHARTERER such nett balance as
shall remain from the re-letting fee after deduction of all expenses and
commissions incurred on the original charter and the re-letting.
The OWNER shall use his best endeavours to re-let the Yacht and shall not
unreasonably withhold his agreement to re-let. However, he shall not be obliged
to accept any charter if he considers in his sole discretion that this may be
detrimental to the Yacht, its reputation, its crew or its schedule.
CLAUSE 12. BREAKDOWN OR DISABLEMENT
a) If, after delivery, the Yacht at any time is disabled by breakdown of
machinery, grounding, collision or other cause so as to prevent reasonable use
of the Yacht by the CHARTERER for a period of not less than twelve (12)
consecutive hours or one-tenth (1/10th) of the Charter Period, whichever is the
shorter, and not more than forty-eight (48) consecutive hours or one-tenth
(1/10th) of the Charter Period, whichever is the shorter, (and the disablement
has not been brought about by any act or default of the CHARTERER), the OWNER
shall make a pro-rata return of the
Charter Fee from the date and time when the Yacht was disabled or became unfit
for use. The CHARTERER shall remain liable for normal expenses during this
period. If it be mutually so agreed, the OWNER shall allow a pro-rata
extension of the Charter Period. If the CHARTERER considers the circumstances
justify the invoking of this Clause, he shall give immediate notice, in writing
to the Captain that he wishes to do so.
b) If, however, the Yacht is lost, or is so extensively disabled as aforesaid
that the Yacht cannot be repaired within a period of forty-eight (48) hours
or one-tenth (1/10th) of the Charter Period, whichever is the shorter, the
CHARTERER may terminate this Agreement by notice in writing to the OWNER, if no
means of communication is possible, to the Captain on the OWNER's behalf, and as
soon as practicable after such termination the Charter Fee shall be repaid by
the OWNER pro-rata without interest for that part of the Charter Period that
commenced at the time of loss or disablement. In these circumstances the
CHARTERER may effect Re-Delivery by giving up possession of the yacht where she
lies. The CHARTERER shall be entitled to recover from the Owner the reasonable
cost of returning himself and his passengers to the Port of Re-Delivery by
scheduled services, together with any accommodation expenses reasonably
necessary for this purpose.
CLAUSE 13. USE OF THE YACHT
The CHARTERER shall use the Yacht exclusively as a pleasure vessel for the
use of himself and his Guests. The CHARTERER shall ensure that no pets or other
animals are brought on board the Yacht without the consent in writing of the
OWNER. The CHARTERER shall ensure that the behaviour of himself and his Guests
shall not cause a nuisance to any person or bring the Yacht into disrepute.
The CHARTERER shall comply, and shall ensure that his Guests comply, with the
laws and regulations of any country into whose waters the Yacht shall enter
during the course of this Agreement.
The CHARTERER shall ensure that any bonded stores or other merchandise which may
already be aboard the Yacht, or may be brought aboard the Yacht during the
Charter, are cleared through Customs before being taken ashore.
The Captain shall promptly draw the CHARTERER's attention to any infringement of
these terms by himself or his Guests, and if such behaviour continues after this
warning, the Captain shall inform the OWNER, and the OWNER may, by notice in
writing given to the CHARTERER, terminate this Agreement in accordance with
Clause 7 of this Agreement
If the CHARTERER or any of his Guests shall commit any offence contrary to the
laws and regulations of any country which results in any member of the crew of
the Yacht being detained, fined or imprisoned, or the Yacht being detained,
arrested, seized or fined, the CHARTERER shall indemnify the OWNER against all
loss, damage and expense incurred by the OWNER as a result, and the OWNER
may, by notice to the CHARTERER, terminate this Agreement forthwith .
It is also specifically understood that the possession or use of any illegal
drugs or any weapons (including particularly firearms) shall be sufficient
reason for the OWNER to terminate the Charter forthwith without refund or
recourse against the OWNER.
CLAUSE 14. NON ASSIGNMENT
The CHARTERER shall not assign this Agreement, sub-let the Yacht or part with
control of the Yacht without the consent in writing of the OWNER, which consent
may be on such terms as the OWNER thinks fit.
CLAUSE 15. SALE OF THE YACHT
The OWNER shall not sell the Yacht during the Charter Period. However, if the
OWNER shall sell the Yacht after signature of the Charter Agreement but before
delivery to the CHARTERER, the OWNER shall immediately give notice of such sale
to the CHARTERER and to the Broker(s), and:
a) The OWNER shall procure that the new OWNER shall undertake to perform this
Charter on the same conditions and shall enter into a Tripartite Agreement
to this effect. If the Charter is not to be on precisely the same terms and
conditions with the same crew or one of equal standard then the CHARTERER may
decline to sign the Tripartite Agreement.
b) If the new OWNER is unwilling or unable to perform this Charter then the
OWNER shall procure the Charter of another similar or superior Yacht to the
CHARTERER at the same Charter Fee. The replacement Yacht must be genuinely of
similar or superior style, quality and condition with an equivalent crew and
closely comparable expenses otherwise the CHARTERER may refuse the replacement
Yacht.
c) If the CHARTERER does not agree to enter into the Tripartite Agreement, or to
accept a replacement Yacht under the terms of this Clause, then the OWNER
shall procure the return of all monies paid by the CHARTERER plus by way of
liquidated damages on the following scale if Notice of Cancellation is given by
the OWNER:
i) three months or more before Commencement of the Charter Period, an amount
equivalent to fifteen percent (15%) of the Charter Fee.
ii)more than fourteen days but less than three months before Commencement of the
Charter Period, an amount equivalent to thirty percent (30%) of the Charter Fee.
iii) less than fourteen days before Commencement of the Charter Period, an
amount equivalent to fifty percent (50%) of the Charter Fee.
CLAUSE 16. INSURANCE
The OWNER shall insure the Yacht with first class insurers against all customary
risks for a Yacht of her size and type water skiers liabilities together
with liabilities arising from the use by the CHARTERER and other competent
person(s) authorised by him of ,dinghies, watersports equipment carried by the
yacht. The insurance shall also cover War and Strikes and include insurance of
Crew against injuries and / or third party liabilities incurred during the
course of their employment. The CHARTERER shall be entitled to the benefit of
the OWNERS insurance's and this shall be noted on the policies.
All such insurances shall be on such terms and subject to such deductibles as
are customary for a vessel of the Yacht's size and type. Copies of all
relevant insurance documentation shall be available for inspection by the
CHARTERER prior to the Charter on reasonable notice to the OWNER, and shall be
carried on board the Yacht.
The CHARTERER shall carry independent insurance for Personal Effects whilst on
board or ashore and for any Medical or Accident expenses incurred other than as
covered under the Yacht's insurance.
Cancellation and Curtailment insurance is not included in this Agreement.
CLAUSE 17. SECURITY DEPOSITS AND CHARTERERS LIABILITY
a) Unless otherwise provided on Page One of this Agreement, the Security Deposit
shall be held by the 0WNERS's behalf and may be used in, or towards, discharging
any liability that the CHARTERER may incur under any of the provisions of this
Agreement, but to the extent that it is not so used, the Security Deposit shall,
within twenty-four (24) hours of the end of the Charter Period, or the
settlement of all outstanding questions, whichever is the later, be refunded to
the charterer without interest.
b) Under normal circumstances the CHARTERER shall only be liable for such costs
or losses as may be incurred repairing damage caused by the CHARTERER or his
guests (intentionally or otherwise) to the Yacht or any third party up to the
level of the Excess (deductible) on the Owners insurance policy for each
separate accident or occurrence.
The CHARTERER may be liable for a sum greater than the Excess (Deductible)
on any one accident or occurrence if the CHARTERER or any of his guests acted in
such a manner (intentionally or other-wise) as to void, or limit, the cover
under the OWNER's insurance.
CLAUSE 18. DEFINITIONS
a) FORCE MAJEURE
In this Agreement "Force Majeure" means any cause directly
attributable to acts, events, non-happenings, omissions, accidents or Acts of
God beyond the reasonable control of the OWNER or the CHARTERER (including, but
not limited to, strikes, lock-outs or other labour disputes, civil commotion,
riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision,
grounding, fog, governmental act or regulation, major mechanical or electrical
breakdown beyond the crew's control and not caused by OWNER'S negligence, to be
proven by the OWNER).
b) OWNERS AND CHARTERERS
Throughout the Agreement, the terms "OWNER", "CHARTERER" and
corresponding pronouns shall be construed to apply whether the OWNER, CHARTERER,
is male, female, or corporate, singular or plural, as the case may be.
CLAUSE 19. SALVAGE
During the period of the charter, the benefits, if any, from all derelicts,
salvages and towages, after paying the crews proportion, hire for the relevant
period and expenses, shall be shared equally between the OWNER and the
CHARTERER.
CLAUSE 20. ARBITRATION
Any dispute in connection with the interpretation and fulfillment of this
Agreement shall be decided by arbitration in Holland. Each Party shall appoint
their own arbitrator and, if necessary, the two arbitrators shall appoint a
third arbitrator whose decision will be final and binding. This Agreement shall
be construed in accordance with the laws of Holland.
CLAUSE 21. COMPLAINTS
The CHARTERER shall give notice of any complaint in the first instance to the
Captain on board and note shall be taken of the time, date and nature of the
complaint.
If, however, this complaint cannot be resolved on board the Yacht then the
CHARTERER shall give notice to the OWNER on the OWNER's behalf as soon as
practicable after the event giving rise to the complaint has taken place and
anyway within twenty four (24) hours of the event or occurrence unless it is
impracticable due to failure or non-availability of communications equipment.
The complaint may be made verbally in the first instance but shall be confirmed
as soon as possible in writing (by fax, telex or mail) specifying the precise
nature of the complaint.
CLAUSE 22. NOTICES
Any notice given or required to be given by either Party to this Agreement shall
be communicated in any form of writing and shall be deemed to have been property
given if proved to have been dispatched pre-paid and properly addressed by mail
or bona fide courier service or by fax or telex, in the case of the OWNER, to
him or to the Broker at their addresses as per this Agreement or, in the case of
the CHARTERER, to his address as per this Agreement or, where appropriate, to
him on board the Yacht.
OWNER DATE: CHARTERER DATE:
SIGNATURES: SIGNATURES:
Please send this form
filled in to the following e-mail address: info@private-yacht-charters.com
and send a hard copy signed to:
M. van Oosten
Aptd. Correos 93
03580 Alfaz del Pi
España
We send you the signed copy by us, as soon as possible back.
.