General |
1. This chartercontract is a valid contract between the charterer and the chartercompany validated with payment by the charterer and acceptance from the chartercompany. There will be no signed return of that contract, if not asked for it. The contract is between the charterer and the chartercompany issued and presented to the charterer for signature by the Agent CHARTERPARTNER in the name and on the behalf of the chartercompany.
At boarding, by greek law an "original" contract will be presented and must be signed by both parties. This "original" contract will contain the identical terms and conditions of this paper, will replace this contract, which is valid until then and must be on board together with the crewlist, signed by both parties, stamped and confirmed by local port authorities. |
Validity |
2. The signature of this Agreement by the Owner and/or his Agent 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 charter conditions on front page, in time. |
Delivery |
3.The Owner agrees :
a) To fit out the Yacht and to hand her to the Charterer, without crew, clean,
ready for sea, with all the gear, equipment and the inventory list, indicated
in the owner’s/broker’s official offer statement in proper running
and seaworthy condition at the agreed on the front page embarkation port. |
Insurance |
b) To insure the Yacht and her equipment as per the Greek law, against fire,
marine and collision risks and third party damage and against any and all loss
or damage 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 cross negligence or wilful default on
his part. The owner 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
onboard with his permission. |
Delayed Delivery |
c) To employ every reasonable effort to ensure delivery of the Yacht on the
agreed date and at the place mentioned on front page, but if for any cause
whatsoever the yacht shall not be available , the Charterer shall have the
right of choice of one of the 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 on front page 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 agreed total charter
fees. |
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.
IV. To accept a similar yacht suggested by the owner. |
Re-Delivery
(Return) of the Yacht and Delays |
4. The charterer agrees :
a)To re-deliver the Yacht to the owner at the agreed date, time and place,
cleaned-up, together with all her equipment in the same good condition as
she was at take-over. If he shall for any reason, weather conditions included,
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 of fractional part of a day thereafter
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-data
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 & Guaranty Restrictions in the use of yacht. Composition
of Charterer Party & Cruise Limits |
b)To leave on deposit and as guarantee with the owner on taking over the Yacht
the amount agreed on front page 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 (unless different is agreed in written) 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 qualified Skipper and one experienced sailor, but
not more than the PAX according to the yacht’s documents 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 (unless different is agreed in written) nor to sublet the Yacht
without the written consent of the owner. |
Observance of Customs & Diving Laws. |
d)Not to allow any person on board to commit any act contrary to the customs
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 archeological
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 Towing the yacht should such a necessity arise
in spite of the Charterer’s efforts, to notify immediately the owner
and if such contact is impossible 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 yachts position and State Information. |
j)To report by telephone or cable to the Owner at reasonable intervals the
position and state of the yacht and of her passengers, as well as in the event
of any damage to the yacht.
k)To study and acquire a working knowledge of any printed matter pertaining
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 Qualification
Test of Sailing Competence of Charterer and his crews. |
IT IS HEREBY FURTHER AGREED by and between the parties hereto:
5. This agreement is entered into on the 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 misinterpretation in this respect being subsequently
discovered, the owner shall be entitled to terminate this Agreement forthwith
and to retain the charter fees.
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 skipper, 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.
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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 on front page. The time required to demonstrate
the yacht to the Charterer and to familiarise 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 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 in any loss of item or expense occasioned
by any accident or breakdown or failure of any part of the yacht. |
Running Expenses Repair 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 the 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 of 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 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 the Charterer shall recover from the owner all charter monies
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 brokers act in good faith on behalf of both owner and Charterer
but contract as brokers 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.
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