The charter party is concluded between the charter company and the charterer, and may be concluded through the intermediary of the agency if need be.
Payment, cancellation, non performance of the charterer
1. Unless otherwise stated in the charter party, payment of the first installment, as defined, of the charter price is due within upon conclusion of the charter party; the balance is due four weeks before the commencement of charter. Payment must be received before the dead-lines indicated.
2. In important cases the charter company may withdraw within 4 days of conclusion of the charter party.
3. If the charterer is unable to attend the charter, he must inform the charter company immediately. If a replacement charter is concluded at the same terms, the charterer shall be repaid any monies he has already paid, less any handling costs which have arisen, but which shall be not less than 20% of the charter price. If no replacement charter is available at the same terms, the charter company may claim the full charter price. The charterer is strongly recommended to take out a voyage cancellation costs insurance. The charter company or the agent will be pleased to send a quotation for such insurance.
4. Shall the charterer be unable to effect payments within the periods stated in the contract, the charter company is entitled to withdraw from the contract.
Obligations of the charter company
1. The agreed yacht will be delivered to the charterer in a clean, sailable, sea-worthy condition, and with full tanks.
2. If the agreed yacht cannot be delivered at the date agreed in the charter party (e.g. because of average, unseaworthiness as a result of an accident in the preceding charter etc.) the charter company may deliver an equivalent yacht without prejudice to the warranty claims of the charterer in so far as there are defects in the replacement services.
The charterer warrants and undertakes the following:
1. to observe the principles of good seamanship,
2. to possess a good command of seamanship and sufficient experience in the command of a yacht or to appoint a responsible skipper with such capabilities. If the charterer or his skipper does not possess the necessary license or certificate of competence to skipper a yacht of the agreed class, the charter company reserves the right to refuse to handover the yacht, retaining the charter price, or to appoint a skipper in the name of and for the account of the charterer,
3. to observe the laws of any country he might visit and to report the arrival and departure of the yacht to the harbor master,
4. not to use the yacht for the purposes of business or trade, not to take on board any persons not being a member of his immediate group, not to hand over or hire the yacht to a third party without the written consent of the charter company and not to transport any hazardous goods or materials,
5. not to leave the maritime region of the charter company without the prior written consent of the charter company,
6. not to make any changes to the yacht or its equipment,
7. to handle the yacht and its equipment with care, always to wear sailing shoes when on board, to maintain the log book in a simple form, prior to the commencement of charter to inform himself in detail about the area to be travelled, e.g. currents, and sea level changes during strong winds etc.,
8. not to leave the protective harbor if winds over 7 on the Beaufort scale are forecast,
9. to return the yacht in proper working order, in an orderly condition with all equipment properly stowed and with full tanks, failure to do this will mean that the cost of filling the tanks and stowing equipment will be deducted from the deposit,
10. to inform the charter company immediately by phone or telegraph in the event of damage, collision, average or other unusual events. To prepare a written account in the event of damage to the yacht or injury to persons, and to have this countersigned by the harbor-master or doctor,
11. always to have the yacht towed by its own line in the event of average or similar events, and to make no agreement about towing or salvage,
12. to check the condition of the yacht and check that all its equipment and items listed on the inventory are complete, both on taking over and returning the boat (the check list), and to confirm this by means of a signature,
13. to report complaints concerning the yacht without delay to the yacht's base and to note these in the delivery or return documents. Claims notified at a later date cannot be considered,
14. where applicable, to sign charter parties required by law or the charter company's own contract forms before taking over the yacht.
Repairs, engines and monitoring of the bilges
1. Repairs must have the approval of the charter company. The original of any part replaced must be retained. Payments for repairs necessary as a result of wear and tear will be reimbursed by the charter company on presentation of invoices accompanied by the corresponding receipt
2. The charterer must check the level of the oil, the cooling water and the bilges each day. The charterer must check the cooling water flow continuously during the charter. Damage due to the motor running dry are not insured under any circumstances, and is for the account of the charterer. The motor must not be used when heeling under sail at over 109 as in such a case oil or water supplies to the engine do not function.
Cancellation by the charterer or reduction of the charter price in the event of late delivery or defects
1. If the charter company fails to provide the yacht, or at least an equivalent replacement yacht at the time agreed in the charter party, the charterer may withdraw from this charter party, but not before 48 hours from the commencement of the charter, and receive full reimbursement of all payments made under this charter party. If the charter period is two or more weeks, the minimum time before which the charterer can withdraw is increased up to 72 hours
2. All other claims for compensation by the charterer are excluded, except in the case of intent and gross negligence by the charter company. If the charterer does not withdraw from the charter, he may claim for reimbursement of the charter price pro rata for the time for which the charter company failed to hand over the yacht
3. Damage to the yacht and its equipment which does not prejudice its sea-worthiness and which allow the yacht to continue to be used shall not be grounds for withdrawal. A reduction in the charter price in such a case is also excluded.
Charter company's liability
1. The charter company shall only be liable towards the charterer for loss or damage arising from intent or gross negligence on the part of the chamer company.
2. The charter company shall not be liable for loss or damage taused by inaccuracies, amendments, mistakes and defects in the ancillary nautical equipment provided, e g marine charts, handbooks, compass, radio direction finding equipment etc
3. The Yachts and their equipment are comprehensively insured The refundable security deposit will be required at the base to cover the excess for any damage incurred to the yacht or damage to ot loss of ancillary equipment. However, should damage or loss to yachts and equipment be caused as a result of gross negligence then the charterer will be liable for the full amount of repair, replacement and any resulting costs The security deposit needs also be deposited if the charter company has provided aprofessional skipper.
4. Claims by the charterer due to the inability of the yacht for use resulting from damage or total loss caused by the charterer or a third party during the charter shall be excluded.
1. The agency is only liable as an intermediary for intentional or grossly negligent dereliction of duty in the performance of its services as an intermediary. Apart from that the agency acts only as an intermediary between the charter company and the charterer and cannot be held responsible for non-performance or damage of the agreements or a part of it.
1. The charterer shall indemnify the chat company against an ovil and birtinal coosequences of third party claims arising from actions and failures to act on the part of the charterer including all legal costs in the country of delivery and abroad. The charterer accepts the yacht on his own responsibility, Besides ntention or gross negligence the charter company also does not take liability neither for the charterer nor other persons are on board.
2. if the charterer leaves the yacht at any place other than the agreed location for any reason whatsoever, the charterer shall bear the costs for the return of the yacht by water or by land if the return at the yacht evtends beyond the time period of the charter, the yacht shall be deemed to be returned by the client at the time of its arrival in the agreed harbor,
3. Late return of the yacht and non-usabioty of the yacht caued try the charterer shall be grounds for claims for compensation by the charter company. The charter contract shall be deemed to be extended until the return he yacht.
4. Attention is drawn to the fact that conclusion of hull insurance by the charter company does not mean that the charterer is not liable for loss or damage nat covered by the insurance expressly resenved the nght of recourie to the charterer. This applies particularly to damage caused by gross negligence, intent or failure to observe the conditions of the charter party, and for any consequential loss or damage.
5. The conditions of the insurance, which we will gladly de on request, are an integral part of this contract The deductible excess for each loss is to be borne by the charterer and may differ from the deposit pald The deposit will be repaid without delay on the return of the yacht and equipment in good condition. Loss and damage will be off-set against the deposit Loss and damage not covered by the deposit or the insurance shall be paid without delay by the charterer.
Conclusion of an extended "Skipper's liability insurance" (which covers crew's liability amongst themselves the chartered yacht in the event of substantiated gross negligence) and a consequential loss insurance is strongly recommended. The charter company or broker will be pleased to send all necessary documentation.
Miscellaneous/subsidiary agreements/ information separability clause
1. The charter period may only be extended with the agreement of the charter company. Delays due to repairs whilst the charter period cannot be compensated.
2. If there should be obvious errors in the invoicing of the charter price and the extras, the charter company and the charterer have the right and the obligation to correct the charter price in line with the valid price list This does not affect the legality of this contract.
3. Oral or additional agreements are only valid by written confirmation of the charter company information are
4. Given to the best of our knowledge with no guarantee. validity of the remaining provisions of the charter The invalidity of individual provisions shall not affect the party. The parties agree to replace invalid provisions by valid provisions most closely ap provisions.
Place of jurisdiction, applicable law
All claims relating to the relationship between charterer and agency shall be subject to the law applicable to the registered domic of the charter company agency; the place of jurisdiction shall be the registered charter company/ agency.