BY AND
BETWEEN of
the
OWNER :
and the
CHARTERER
WHEREBY IT IS AGREED
as follows:
1. The owner
agrees to let on bare-boat charter and the Charterer
agrees to charter the unattended yacht
YACHT TYPE and/or NAME: SUN ODYSSEY
45.1 ISIDOROS
..
for the
PERIOD: From
. at
hrs
Till
.
. at
hrs
at the PORT
of : Delivery
. and Redelivery
for the
sum of
. Euro. which
are due and payable in the following manner:
. upon the signing of
this Agreement
..one month before
embarkation
.
. upon embarkation.
It is
also agreed that
According to the yacht documents
the persons aboard in all at sea must not be more
than PAX
The
Charterer according to Clause 3b for any damage is
liable to the amount of
The
Charterer according to Clause 4b is obliged to leave as
deposit the amount of
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.
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 and
equipment indicated in the Yacht s brochure and its
inventory list and in proper running and seaworthy
condition at the Port of Delivery.
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 the liability
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.
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.
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.
4.
The Charterer agrees:
a. To
redeliver the Yacht to the Owner at the Port of
Redelivery 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 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, 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.
b. To
leave on deposit and as guaranty with the Owner on
taking over the Yacht the above agreed deposit 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 the towing other craft,
except in 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 member,
but not more than the PAX according to the yacht
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 nor to sublet the
Yacht without the written consent of the owner.
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 or
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.
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, inspite of
the Charterers 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.
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 harbour Authorities have imposed a prohibition of
sailing or while the yacht has unrepaired 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.
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 riggin 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.
h. To
keep the Yachts 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, regularity, the times position, weather
conditions, sail plan and hours of engine operation.
i. To
plan and to carry out the yachts 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 yachts 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.
k. 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.
l. 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.
5.
This agreement is entered into on the bases of the
Charterers 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 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 Charterers competence and
seamanship will be part of the agreed Charter period.
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.
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 Charterers 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.
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 Charterers 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 Owners 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.
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.
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.
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 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.
13.
The special provisions if any, set out in the Schedule
hereto are fully accepted and form part of this
Agreement.
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.
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 shalldisagree, the
decision in such event of the Umpire to be final.
SPECIAL
PROVISIONS
Date
..
IN WITNESS whereof this Agreement
has been signed by the Owner and the Charterer
respectively.
The
OWNER
The CHARTERER
The AGENT |
General
