1 PURPOSE OF THE AGREEMENT
The OWNER agrees to let the Vessel described in the particular conditions to the CHARTERER and not to enter into any other Agreement for the Charter of the Vessel for the same period.
The CHARTERER in turn undertakes to execute said lease during the agreed period and to pay the rental price, the deposit and as well as any other expenses agreed by means of a bank transfer within the deadlines set forth in the payment schedule of this agreement.
2 DELIVERY (EMBARKATION)
The OWNER will deliver the boat at the agreed delivery port and the CHARTERER will receive it to its satisfaction in good mechanical, navigability, cleaning, conservation, insured and equipped conditions and prepared for its use, including updated safety and lifesaving equipment as required by the relevant regulations of the country of registration (flag) of the Vessel and as appropriate for its size and type. The CHARTERER must state at the time of delivery any discrepancy on the conditions of the Vessel assuming otherwise its condition and equipment without nothing to claim. The CHARTERER will then be authorized to navigate in the area established in the particular conditions, exempting the OWNER from responsibility for those crossings or cruises carried out outside the area planned for the development of the Charter and / or in adverse weather conditions.
3 RE-DELIVERY (DISEMBARKATION)
The CHARTERER undertakes to re-deliver the Vessel to the OWNER at the specified Place of Re-Delivery, in good condition, with all its equipment and free of any debts incurred for the CHARTERER'S account during the Charter Period. The CHARTERER may, if he wishes, re-deliver the Vessel prior to the end of the agreed Charter Period but he shall not be entitled to any refund of the amounts paid.
4 CRUISING AREA
The CHARTERER shall restrict the cruising of the Vessel to within the area specified in the particular conditions and to within the areas of the same where access is legally permitted. Furthermore, the CHARTERER shall also restrict the navigation hours to an average of six (6) hours per day, although the Captain of the Vessel may, at his discretion, increase said limit of hours.
The OWNER and the Captain will make all reasonable efforts to accommodate the CHARTERER'S request for a berth, but in any case, they cannot be required to said option.
- MAXIMUM CAPACITY, MINORS AND HEALTH OF PASSENGERS
- The CHARTERER undertakes not to exceed the maximum number of passengers set in the particular conditions, either during navigation or sleeping on board. In the only event that the Vessel is moored in port and at the Captain's discretion, a number of visitors will be allowed access.
- The CHARTERER assumes full responsibility for the safety, conduct and entertainment of the minors, expressly exempting the crew.
- The CHARTERER guarantees with the signing of this agreement that the health conditions of all passengers are suitable for navigation exempting the OWNER from liability. Likewise, it will be the responsibility of the CHARTERER that each of the passengers has valid documentation and passports / visas necessary for the trip to the countries / areas set in the particular conditions
The OWNER shall provide a Captain qualified in accordance with the Vessel's flag requirements. The Captain will be insured. The rest of the crew will be adequate and experienced.
The Captain and Crew shall comply with the current laws of any country into whose waters the Vessel shall sail and will keep strict confidentiality to third parties regarding any information related to the Charter.
The Crew and the Captain shall be entitled to the mandatory amount of rest.
6 CAPTAIN’S RESPONSABILITY
The OWNER shall comply with all orders given to him by the CHARTERER regarding the management, operation and movement of the Vessel, provided that the wind, weather conditions and other circumstances allow it. The Captain shall not, however, be bound to comply with any order when, in his reasonable opinion, there is a risk to the Vessel or passengers or when said orders may involve a delay for the re-delivery of the Vessel on the date and time established.
In the event that the Captain considers that the CHARTERER or any of his Guests fail to comply with any of the provisions in Clause 13 of this agreement regarding the use of the Vessel, and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect of the same, he shall inform the OWNER, who may terminate the Charter pending or instruct the Captain to return the Vessel to the port of Re-Delivery.
The CHARTERER and his Guests may disembark once all outstanding expenses have been settled and with the loss of all the amounts delivered.
The Captain may limit or prevent the performance of sports/nautical activities for the safety of passengers.
The captain will immediately notify the OWNER of any navigation problems, mechanics, crew changes, accidents or any relevant incident that may occur during the Charter.
7 OPERATING EXPENSES
The CHARTERER will be responsible for the operating expenses, as specified under the section of particular conditions, incurred by him and his guests. Having paid part of the expenses in advance as required by the agreement, the CHARTERER will be entitled to have the Captain inform him regularly about the situation of the Advance Provisioning Allowance (A.P.A.) accounts and, if necessary, increase it.
Prior to disembarkation at the end of the Charter period, the Captain shall present to the CHARTERER a detailed list of the expenses, with the corresponding expenses, and the CHARTERER shall then pay the Captain, in cash, the outstanding balance of the expenses, or the Captain will return to the CHARTERER, in cash, the balance in his favor, as the case may be. The payment will be made in the same currency with which the Charter was paid.
8 DELAY IN DELIVERY, FAILURE TO DELIVER AND CANCELLATION
a) DELAY IN DELIVERY
If, by reason of force majeure
, the OWNER fails to deliver the Vessel to the CHARTERER at the Port of Delivery at the commencement of the established Charter Period and delivery is made within forty-eight (48) hours of the scheduled commencement time, the OWNER shall pay to the CHARTERER a refund a part of the Charter Fee at a pro rata daily rate, or if it be mutually agreed, he shall allow a pro rata extension of the Charter Period.
b) FAILURE TO DELIVER
If by reason of force majeure
the OWNER fails to deliver the Vessel within forty-eight (48) hours following the date set for delivery, the CHARTERER shall be entitled to terminate this Agreement with a refund of the amounts delivered (without interest) or the extension of the Charter period.
If the OWNER fails to deliver the Vessel on the scheduled date other than by reason of force majeure,
the CHARTERER shall be entitled to terminate this Agreement with a refund of the amounts delivered and the corresponding interests as compensation for damages that are set at 50% of the Charter Fee.
If prior to the commencement of the Charter, the OWNER notifies the cancellation by reason of force majeure,
the CHARTERER may opt for the refund of all amounts paid (without interest) or change the date of the Charter
If the cancellation is for any reason, other than force majeure, the CHARTERER shall be entitled to the refund of the amounts delivered (without interest) and in addition to a compensation for damages calculated on the Charter Fee according to the following scale:
9 DELAY IN RE-DELIVERY
- Thirty (30) days or more before commencement of the Charter, an amount equivalent to twenty five percent (25%).
- More than fourteen (14) days but less than thirty (30) days before commencement of the Charter Period, an amount equivalent to thirty five percent (35%).
- Fourteen (14) days or less before commencement of the Charter Period, an amount equivalent to fifty percent (50%) of the Charter Fee.
10 CANCELLATION BY CHARTERER
- a) If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be affected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER.
- b) If the CHARTERER fails to re-deliver the Vessel to the OWNER at the Place of Re-Delivery due to intentional delay or change of itinerary against the Captain's advice, then the CHARTERER shall pay forthwith the amount corresponding to the daily rate plus a 50%. In the event that the delay exceeds twenty-four hours (24H) the CHARTERER must compensate the OWNER for damages due to delay in the re-delivery of the Vessel for another Charter or cancellation of another agreement as a result of such delay.
- a) If the CHARTERER notifies the cancellation on his part at the time of the embarkation or any previous moment to the commencement of the Charter, the CHARTERER will lose the amounts previously paid and will have to assume the expenses that have been incurred in the preparation of the Vessel.
In the event that the CHARTERER had notified the cancellation or fails to meet any of the deadlines set forth in the payment schedule, the agreement will be considered automatically terminated with the loss of the amounts delivered.
11 BREAKDOWN OR DISABLEMENT
- a) If after delivery the Vessel shall be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent its use by the CHARTERER for a period no less than twelve (12) consecutive hours, (and provided that said disablement was not caused by any act attributable of the CHARTERER), the OWNER shall make a pro rata refund of the Charter for the period of the disablement of the Vessel. THE CHARTERER will remain liable for paying the normal expenses that occur during this period. If mutually agreed, the CHARTERER may access the extension of the Charter. The CHARTERER must notify the Captain in writing of the intention to invoke this clause.
- b) If it is not possible to repair the Vessel within a maximum period of forty-eight hours (48h), the CHARTERER may cancel this agreement by notifying the OWNER who will refund the amount (without interest) corresponding to the days pending enjoyment when the Vessel was disabled.
In these circumstances the CHARTERER may re-deliver the Vessel in the place where she lies.
12 USE OF THE VESSEL
THE CHARTERER and his guests will use the Vessel exclusively for recreational purposes with absolute respect to the regulations of the different countries and its waters, included the customs legislation, being the opposite cause of the immediate termination of the agreement.
Pets will not be allowed on board without the express authorization of the OWNER.
If the CHARTERER or any of the Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the Crew of the Vessel being detained, fined or imprisoned, or the Vessel being detained, arrested, seized or fined, the CHARTERER shall indemnify the OWNER by waiving any right to compensation by the CHARTERER and especially in the case of possession of illegal drugs and / or weapons. The OWNER can initiate legal actions against the CHARTERER.
It is expressly forbidden to smoke inside the Vessel.
The CHARTERER shall not assign this Agreement, sub-let the Vessel or its equipment or part of the same without the prior express consent in writing of the OWNER.
14 INSURANCE AND CHATERER’S LIABILITY
The OWNER undertakes to take out Vessel insurance with liability coverage to third parties, on the entire Vessel and its equipment, including auxiliary Vessels, crew and passengers and in accordance with its length and type.
The CHARTERER shall be entitled to benefit from the insurance coverage taken out by the OWNER.
Under normal circumstances, the CHARTERER will only be responsible for those expenses or losses incurred when repairing damages caused by the CHARTERER or his guests or any third party up to the excess limit (deductible) for each accident or event independently, of the insurance taken out by the CHARTERER but may be liable for a sum greater than the amount of the excess (deductible) in any accident or event if the CHARTERER or his guests were responsible for said damages.
THE CHARTERER must take out independent insurance policies that cover their personal effects during the period of the Charter and medical expenses.
15 SECURITY DEPOSIT
The deposit will be deposited in the account of the OWNER and will cover any responsibility incurred by the CHARTERER or his guests.
The same will be returned within forty-eight (48h) from the effective completion of the Charter and once the expenses have been settled.
Both parties are subject to the Spanish jurisdiction and specifically to the Courts and Tribunals of Ibiza, renouncing any other jurisdictions.
The CHARTERER shall give written notice of any complaint in the first instance to the Captain on board and note shall be taken of
the time, date and nature of the complaint. If not resolved, it can be made to the OWNER within the following twenty four hours (24h)
During the period of the Charter, the benefits, if any, from any derelicts, salvages and towages, after paying the Crew's proportion, and a proportion of the Charter Fee during the time when the Vessel is engaged in providing salvage assistance, and expenses during this time directly related to the salvage, shall be shared equally between the OWNER and the CHARTERER.
- The commission shall be deemed to be earned by the Broker and the Stakeholder upon the signature of this Agreement by the OWNER and CHARTERER and payment of deposit funds by CHARTERER and be payable by the OWNER on the full Charter Fee plus the Delivery/ Re-delivery Fee, if applicable, to but excluding running expenses, according Clause 20 of this Agreement, whether or not he defaults for any reason including force majeure. In the event of cancellation by the CHARTERER, the commission shall be deducted as an expense from the deposit.
- If the CHARTERER should extend this Charter, the OWNER shall pay commission on the gross Charter Fee for the extension.