Sailing Greece
APPROVED
BY H.Y.B.A. AND H.P.Y.O.A
CHARTER CONDITIONS
CHARTER PERIOD: From Hrs
on the
sadsdsdsdsdsdsds
To Hrs on the
PORT OF DELIVERY:
Cruising Area:
PORT OF REDELIVERY:
Maximum Number of Guests Sleeping on board:
Maximum Number of Guests Cruising on board:
Crew Consisting of:
CHARTER
FEE:
To be paid as follows:
FIRST INSTALMENT (50% of the total charter fee)……………. payable
latest by
SECOND INSTALMENT ……… ………………… payable latest by ……… …………………………………………..
The above amount to be deposited to the following BROKER's Account
and shall be deemed paid only when cleared:
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 Advance Provisioning Allowance, in the case he has
agreed that the OWNER arranges the provisioning on his behalf,
and any other 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 live-saving equipment (including
life - jackets for children if any, are part of the Charterer's
Party), as required by the Yacht's registration authority 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 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 AND TIME
The CHARTERER shall restrict the cruising of the Yacht to within
the Cruising Area and to within regions in the Cruising Area.
The CHARTERER shall also restrict time under way to an average
of six (6) hours per day, unless the Captain, in his sole discretion,
agrees to exceed this time or unless otherwise is agreed among
the Undersigned Parties.
CLAUSE
5 MAXIMUM NUMBER OF PERSONS
RESPONSIBILITY FOR CHILDREN
HEALTH OF THE CHARTERER'S 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 here in stated. As an exception, a reasonable number
of visitors could be on Board whilst the YACHT is securely moored
in port and at the sole discretion of the Captain.
b) If children are taken on board, the CHARTERER shall be fully
responsible for their safety, conduct and 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 ONWER shall provide the Crew of the yacht, according to
the laws of Greece and properly uniformed, fed and insured.
The OWNER 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 - CAPTAIN'S AUTHORITY
a) The OWNER shall ensure that the Captain shows the CHARTERER
the same attention as if the CHARTERER were the OWNER. 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 cause a breach of Clause 13.
b) 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 to the same, the Captain shall inform the ONWER and
the BROKER(s) and the OWNER may terminate the Charter forthwith
or instruct the Captain to return the Yachts 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
before hand and the CHARTERER shall not be entitled to be refunded
any part of the Charter Fee.
c) With particular regard to the use of watersports equipment,
as defined in Clause 16, the Captain shall have the authority
to prohibit the use by 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 to operate such equipment,
are behaving in an 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.) via the BROKER's Account, as required by this Agreement,
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 CHARTEER 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.
Payment for special requirements or equipment, shore transport
or excursions or any other expenses not customarily considered
part of the Yacht's operating costs may be required to be paid
via the BROKER's account in advance or to the Captain on boarding
in addition to the A.P.A.
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 acceptable
due to the itinerant nature of the Yacht's seasonal schedule
and the CHARTERER should therefore ensure that he carries sufficient
cash to cover all reasonably foreseeable expenses or arrange
to deposit additional funds with the BROKER.
CLAUSE
9 DELAY IN DELIVERY
a) If the OWNER fails to deliver the yacht at the Port of Delivery
at the commencement of the Charter Period, the OWNER will allow
the CHARTERER demurrage pro rate for every day or part of day
lost or if it be mutually agreed the OWNER shall allow a pro
rata extension of the Charter Period.
b) If by reason of force majeure the OWNERS fails to deliver
the yacht within forty-eight (48) hours or a period equivalent
to one-seventh (1/7th) of the Charter Period, whichever period
is shorter, from the due time of delivery, the CHARTERER shall
be entitled to treat this Agreement as terminated. The CHARTERER's
exclusive remedy will be to receive repayment without interest
of the full amount of payments made by him to the OWNER or BROKER(s).
Alternatively, if the parties mutually agree and subject to
the bookings of the yacht, the Charter Period shall be extended
for a period equal to that which shall have elapsed between
the date of delivery and the date of the actual delivery of
the Yacht.
c) If the OWNER fails to deliver the yacht at the Port of Delivery
at the commencement of the Charter Period in accordance to article
b of this clause, other than by reason of force majeure, the
CHARTERER shall be entitled to treat this Agreement as repudiated
by the OWNER The CHARTERER will be entitled to repayment without
interest of the full amount of all payments made by him to the
OWNER or BROKER(s), and shall in addition be paid by the OWNER
liquidated damages, calculated and paid forthwith on the following
scale (measure of the scale to be the date of acknowledge regarding
the failure of on time delivery):
I) If the CHARTERER is informed three (3) months or more before
commencement of the Charter Period, an amount equivalent to
7,5% of the Charter Fee.
II) If the CHARTERER is informed more than fourteen (14) days
but less than three (3) months before commencement of the Charter
Period, an amount equivalent to fifteen percent (15%) of the
Charter Fee.
III) If the CHARTERER is informed less than fourteen (14) days
before commencement of the Charter Period, an amount equivalent
to twenty five percent (25%) of the Charter Fee.
d) Alternatively to the repayment of the full amount and the
liquidated damages set forth in article c of clause 9, the OWNER
may offer to the CHARTERER for the same Charter Period and Charter
Fees another yacht upgraded to the yacht initially agreed to
in regard to size, comfort and services. In the case of replacement
of the yacht, this is agreed by the Undersigned parties if the
CHARTERERS gives consent on this.
CLAUSE
10 DELAY IN RE-DELIVERY
a) If re-delivery of the Yacht is delayed by reason of force
majeure, 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 forthwith 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 BY THE CHARTERER
a) Should notice of cancellation of this Agreement be given
by the CHARTERER on or at any time before commencement of the
Charter Period, or should the CHARTERER fail after having been
given notice to pay any amount payable under this Agreement,
the OWNER shall be entitled to retain the full amount of all
payments made by the CHARTERER prior to cancellation.
b) Without prejudice to the OWNER's remedies in (a) above, if
the OWNER is able to re-let the yacht to another Charterer for
all or part of the Charter Period and under the same conditions
or reduced price then the OWNER or the BROKER on his behalf
shall refund to the CHARTERER such net balance as is due to
the CHARTERER after re-letting which is to be calculated upon
the following basis:
The original Charter Fee, net of commissions, shall be deducted
from the net hire for the Charter Period due to the OWNER from
the re-letting. To this figure is to be added all reasonable
additional expenses, including commissions, incurred by the
ONWER on re-letting. The figure as calculated will be deducted
from the monies actually received from the CHARTERER and any
remaining credit balance due to the CHARTERER will be repaid.
The intention is that the OWNER shall not receive less in net
proceeds from any re-letting than would have been received if
the original Agreement has been fulfilled. The OWNER shall use
his best endeavors to re-let the yacht and shall not unreasonably
withhold his agreement, to re-let, although charters, which
may reasonably be considered detrimental to the yacht, its reputation,
its crew or its schedule may be refused.
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-seventh (1/7th) of the Charter Period, whichever is the
larger, and not more than forty-eight (48) consecutive hours
or one-seventh (1/7th) 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 rate return of the Charter Fee from the date and time when
the Yacht was disabled or became unfit for use. Alternatively,
if the parties mutually agree and subject to the circumstances,
the Charter Period shall be extended by a time equivalent to
the disablement. 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-seventh (1/7th) of the Charter
Period, whichever is the shorter, the CHARTERER may terminate
this Agreement by notice in writing to the OWNER or the BROKER(s)
or, if no means of communications 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
rate without interest for that part of the Charter Period remaining
after the date and time that the loss or disablement occurred.
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
necessary for this purpose.
c) Article a and b of clause 12 shall not be valid for time
charters, where there are special clauses in the case of breakdown
or disablement.
CLAUSE
13 - USE OF THE YACHT
a) 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 behavior 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, if required by the laws and regulations.
The Captain shall promptly draw the CHARTERER's attention to
any infringement of these terms by himself or his Guests, and
if such behavior continues after this warning, the Captain shall
inform the OWNER or his BROKER, and the OWNER may, by notice
in writing given to the CHARTERER, terminate this Agreement
in accordance with Clause 7 of this Agreement.
b) 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
Should the OWNER agree to sell the Yacht after the signing of
this Charter Agreement, but before delivery to the CHARTERER,
the OWNER shall immediately give notice of such sale in writing
to the CHARTERER and the BROKER(s). Should the vessel be sold
one of the following provisions will apply:
a) The OWNER shall arrange for the Buyer to take over the Charter
Agreement and perform the Charter on the same terms and conditions
by way of a new Charter Agreement between the involved parties.
Shall the Charter not be perform on the same terms and conditions
and with the same crew or Yacht of similar or superior standard,
the CHARTERER is entitled to refuse signing of a new Charter
Agreement.
If the Buyer is unwilling or unable to fulfill the Charter Agreement,
the OWNER hereby procures the Charter of a replacement yacht
of similar or superior standard and on the same Charter Fee.
Shall the replacement Yacht not be of similar or superior standard,
equivalent crew and expenses, then the CHARTERER is entitled
to refuse the replacement Yacht.
b) Should the CHARTERER in accordance to article b of this clause,
not sign a new Charter Agreement, or reject the proposed replacement,
the CHARTERER will be entitled to repayment without interest
of the full amount of all payments made by him, and shall in
addition be paid by the OWNER liquidated damages, calculated
and paid forthwith on the following scale:
I) If the CHARTERER is informed three (3) months or more before
commencement of the Charter Period, an amount equivalent to
7,5% of the Charter Fee.
II) If the CHARTERER is informed more than fourteen (14) days
but less than three (3) months before commencement of the Charter
Period, an amount equivalent to fifteen percent (15%) of the
Charter Fee.
III) If the CHARTERER is informed less than fourteen (14) days
before commencement of the Charter Period, an amount equivalent
to twenty five percent (25%) of the Charter Fee.
The BROKER's commission is deemed earned on the signing of this
Contract and the OWNER shall pay the whole of the commission
forthwith.
CLAUSE
16 INSURANCE
a) The OWNER shall insure the Yacht in accordance with paragraph
1 - clause 8 on N.2743/99 and specifically:
I) for urban liability for death, personal injury of Guests
and third parties caused by collision, shipwreck or any other
causes, and for an amount of at least three hundred thousand
(300.000) Euro, regardless the number of persons. ,
II) for third parties liability for material damage to Guests
and third parties caused by collision, shipwreck or any other
causes, and for an amount of at least one hundred and fifty
thousand (150.000) Euro
III) for sea pollution and with insurance of at least ninety
thousand (90.000) Euro.
b) Additionally, the OWNER shall have insurance coverage against
liabilities caused by the use of watersports equipment, as per
paragraph 3 in clause 7 of this Charter Agreement. 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.
c) All such insurances (a & b) 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 the relevant insurance
documentation shall be available for inspection by the CHARTERER
prior to the Charter on reasonable notice to the Captain, and
shall be carried on board the Yacht.
d) 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
as per I and II of clause 16. It is also agreed that Cancellation
and Curtailment insurance is not included in this Agreement.
CLAUSE
17 - CHARTERER'S LIABILITY
The CHARTERER shall only be liable for such costs or losses
as may be incurred by 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
OWNER's 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
otherwise) as to avoid, or limit, the coverage 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 labor 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).
b) OWNERS, CHARTERERS AND BROKERS
Throughout the Agreement, the terms "OWNER","CHARTERER"
and "BROKER" and corresponding pronouns shall be construed
to apply whether the OWNER, CHARTERER or BROKER is male, female,
or corporate, singular or plural, as the case may be.
CLAUSE
19 ARBITRATION
Any dispute in connection with the interpretation and fulfillment
of this Agreement shall be decided by arbitration in Piraeus,
Greece. Each party shall appoint one Arbitrator, the third -in
head of the arbitration - being appointed by the Shipping Chamber
of Shipping in Greece. This Agreement shall be interpreted and
fulfilled in accordance with the laws of Greece and the Courts
of Piraeus/Greece.
CLAUSE
20 BROKERS
a) The BROKER's commission shall be deemed to be earned by the
BROKER(s) upon the signing of this Agreement and be payable
by the OWNER on the full Charter Fee and sectionally in accordance
to the payments of the Charter Fee. In the event of Cancellation
or Curtailment by the CHARTERER, the commission shall be deducted
as an expense from the deposit and in the case of cancellation
by the OWNER the commission will be payable by the OWNER.
b) If the CHARTERER should extend this Charter or should re-charter
the Yacht from the OWNER within two (2) years from the date
of completion of this Charter whether or not on the same terms,
then the BROKER(s) shall be entitled to, and shall be paid by
the OWNER, commission on the gross Charter Fee paid for that
further charter upon the same basis as provided herein.
The OWNER shall not be obligated to pay commission to the BROKER(s)
in case of re-charter under the following conditions:
I) In the case a license in accordance to the Greek legislation
is involved.
II) The commission has been agreed
III) The payment of the commission is proved with legal documents.
If a lesser commission has been agreed to, then the BROKER of
the initial Charter Agreement is entitled to be paid by the
OWNER the difference arising from the application of the two
different brokerage commissions.
c) If any agreement should be reached directly between the CHARTERER
and the OWNER for the purchase of the yacht within two (2) years
from the date of completion of this charter then the BROKER(s)
shall be entitled to and be paid by the OWNER the customary
or normal brokerage commission.
d) The BROKERS in this Agreement shall have no responsibility
for any loss, damage or injury or even death to the person or
property of the OWNER or CHARTERER or any of their Guests, servants
or agents.
CLAUSE
21 PAYMENT OF THE CHARTER AND OTHER MONIES TO THE OWNERS
All funds received by the BROKER(s) against this Agreement shall
be paid to the OWNER upon commencement of the Charter. The Advance
Provisioning Allowance (A.P.A.) shall be paid to the OWNER before
commencement of the Charter and in duly time in order that the
Yacht can purchase provisions as per CHARTERER's instructions.
CLAUSE
22 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 complain cannot be resolved on board the Yacht
then the CHARTERER shall give notice to the OWNER or to the
BROKER on the ONWER'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
23 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 properly 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.
CLAUSE 24 ADDITIONAL CONDITIONS (if any)
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