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.
1.1 Should 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.
1.2 Should 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.
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 Vessel.
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.
14. Both contracting 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. Free of charge: ___________
16. Extras: ________________
THE CHARTERER THE SHIP OWNER