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Terms and Conditions
TERMS and CONDITIONS of hire a yacht
|1. 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.
2.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.
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.
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.
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. in case the boat is not available for an extraordinary fact, then the owner is obliged to give the charterer another boat of the same level -same model and age. If this by any reason is impossible the owner has to fully refund the client.
3. The charterer agrees :
IT IS HEREBY FURTHER AGREED by and between the parties hereto:4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The special provisions, if any, set out in the Schedule hereto are fully accepted and form part of this agreement:
a. Compulsory: return to base the evening before disembarkation, at 18h00, the latest. Check in/out procedures time is considered to be part of the charter period.
13. 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.
14. 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.