Terms and Conditions of Yacht Charter Hire.
1.The Charterer should
entertain the necessary skills and qualifications, knowledge and diplomas
in handling and navigating the Vessel and comply with the Greek rules
and regulations regarding the safe and lawful operation, navigation,
running and handling of the Vessel. In each voyage the Charterer is
obliged to use as crew at least one person with navigational experience.
1.1Should the Owner discover
that the Charterer is not properly qualified as a skipper, the former
has the right to cancel this contract or, alternatively, hire a qualified
skipper who will be jointly accepted, at the expenses of the Charterer.
The Charterer is not entitled to turn against the Owner as regards
any claim he may have against the skipper since he found the skipper
fully qualified in all respects for navigating and handling the Vessel
and thus hired the latter. The skipper is only responsible for the
navigation of the Vessel as well as for ascertaining that the Vessel
is properly used by the Charterer and the other passengers. The Charterer
should not in any way impede on the skipper's duties and he should
comply with the skipper's orders as regards the safe navigation and
handling of the Vessel. The Charterer is liable for every loss or
damage that he or his co-passengers or agents or employees may cause
on the Vessel while they are on board.
1.2Should the Charterer
wishes to charter the Vessel and hire a skipper then the latter should
be mutually accepted by both contracting parties. The Charterer is
released for any act or omission relating to the navigation and handling
of the vessel, provided that he does not intervene in the skipper's
duties, and is exclusively responsible for losses or damages that
he or his co-passengers or agents or employees may cause on the Vessel.
2.Upon delivery and
signature of the present, the Charterer should pay to the Owner fifty
per cent (50%) of the agreed hire rate in cash. Four weeks before
embarkation - and in any case in the course of embarkation - the Charterer
is obliged to pay the stipulated amount due.
2.1 Payment of the
above amount will be effected either in cash or by bank swift order
in the account number expressly indicated by the Owner, or by use
of credit card. In default of payment the Owner has the right to cancel
the contract without notice to the Charterer and withdraw the Vessel.
All monies paid by the Charterer will be withheld by the Owner.
2.2 The Charterer will -in
the course of embarkation- give to the Owner a guarantee as indicated
in the price list for the particular Vessel. Said guarantee will cover
damages amounting to the deductible set in the insurance policy. Upon
re-delivery of the Vessel, the guarantee is given back to the Charterer
provided that the Vessel, her gear, parts and appurtenances are found
in good order after inspection undertaken by both parties.
2.3 Cancellation Fees:
After booking is confirmed (by e-mail or fax) from all sides or contract
is signed the following charges will apply:
Between booking time and five weeks before embarkation time, the deposited
amount down payment (50%) will not be returned, unless the same charter
period is rebooked with the same price.
Less than five weeks no refund will be made.
3.Upon signature the
Owner undertakes to deliver the vessel with all her parts and appurtenances
to the Charterer at the stipulated place and time, insured against
all risks and bearing a certificate of seaworthiness.
4.On delivery the
Charterer has the right to inspect the vessel as well as her technical
and mechanical equipment so as to confirm that she is in good order
and condition and fit for the service required. A complete inventory
of the Vessel's entire equipment, outfit, appliances and of all consumable
stores on board the Vessel shall be made by the Charterer in conjunction
with the Owner on delivery and again on re-delivery of the Vessel.
After delivery the Charterer undertakes full responsibility of the
4.1 Before embarkation,
the bunker fuel in the Vessel will be measured, under the Charterer's
surveillance. The bunkers' quantity on redelivery should correspond
with that at the time of delivery, otherwise the Charterer should
pay to the Owner the equivalent amount of money in accordance with
the bunkers' current purchase price.
5. During the charter period
the Charterer shall exercise due diligence to ensure that the vessel
and her hull, machinery, equipment and facilities remain clean and
in good order and condition. The Vessel is to be redelivered at the
stipulated date and time in the same good order and condition. Failure
of the Charterer to comply with that obligation will result in payment
of the daily charter rate increased by fifty per cent (50%) for every
day of delay or the proportionate to that amount rate per part of
the date, until the Owner redelivers the Vessel to the stipulated
place. Should the Charterer leave the Vessel at a different place,
he bears all operational and running expenses relating to the redelivery
of the Vessel. The Charterer is responsible for any loss or damage
to the vessel during the charter period, unless such are covered by
the insurance policy.
6. The Charterer will use
the Vessel as pleasure yacht and any alteration, or change of her
condition or use is strictly forbidden. The Charterer is not allowed
to sub-let the vessel without the prior written consent of the Owner.
7.Should the Charterer
breach any term of this contract or get involved in any unlawful activities
whatsoever during the charter period, the Owner has the right to rescind
the contract and to withhold any advance payment of hire effected
by the Charterer. In such case the Owner reserves all his legal rights
against the Charterer for compensation.
8.The Charterer is
to indemnify the Owner in case of any loss or damage to the Vessel
during the charter period. In such case the Owner should be notified
within 24 hours at the very latest. Upon notification, the Charterer
should comply with the Owner's instructions and report the incident
to the closest port authority. In case of arrest, seizure, requisition
of the Vessel or of any act, neglect or default of the Charterer or
its agents, the Charterer is solely responsible to the Owner and should
directly engage all practical and legal means to release the Vessel
at its own expenses.
9.In case of actual
or constructive total loss of the Vessel during the charter period
the contract is automatically terminated and the Charterer is entitled
to any advance payment of hire provided that the Charterer or his
agents are not liable for the actual or constructive total loss of
the Vessel. The Charterer will not be entitled to any further compensation.
10.Should the designated
Vessel not be at Charterer's disposal at the time of delivery, the
Owner has the discretionary power either to provide another Vessel
of the same standard or to act as agent in order to acquire another
Vessel under the same terms and conditions, without any further legal
obligation for compensation to the Charterer. In case the Owner acts
as agent does not bear any responsibility for the Vessel. The Charterer
is directly contracted with the Owner of the Vessel.
11.Should the Owner
fail to deliver the designated Vessel or another one of the same standard
in the stipulated time, the Owner is to return any sums received by
the Owner proportionate to the time of delay or the whole payment
of hire if the delay exceeds 1/4 of the charter period, without any
further legal obligation for compensation to the Charterer.
12.All dues, and other
charges relating to the operation and management of the Vessel including
port dues, marina fees, maintenance fees, catering, bunkering , end
cleaning, and any other supplies are born by the Charterer.
13.This charter shall
be construed and the relations between the parties will be determined
in accordance with Greek law. Any dispute arising under this charter
shall be settled extra judicially in good faith. Should any attempt
for extra judicial settlement result to failure, the parties become
amenable to the jurisdiction of the Piraeus Court of First Instance
and the applicable law is the Greek law.
parties consider the terms and conditions of this contract to be fully
binding and in full force. The force of the charter will not be affected
by the nullity of any term of this contract.
15. Starting Date / Embarkation local time: 17:00’. Ending Date / Disembarkation local time 09:00’. The yacht MUST return to
disembarkation port the night before ending date, one (1) hour before sun set.
16. For all payments by Credit Cards: there is charge 2%.
17. Free of charge: Gps plotter – outboard – auto pilot - bimini
18. Extras: ____________
| THE SHIP OWNER