Terms &
Conditions
The navigation of the yacht is undertaken by a professional skipper who is hired by the owner or is undertaken by a passenger which
possesses the required by the law qualifications for the navigation of the yacht.
l.The Owner agrees to let on charter and the Charterer agrees to charter the above mentioned yacht (hereinafter called "the Yacht") for the period as stated above and for the sum as stated. A deposit ofthe Charter freight is required to confirm the reservation and the balance is due two (2) days prior to the confirmed start date.
2. 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 Clause 1 above, in time.
3. The Owner agrees:
a. To fit out the Yacht and to hand her to the Charterer, afloat, clean, ready for sea, with all the gear and equipment indicated in the owners / agents official offer and its inventory list and in proper running and seaworthy condition at the agreed on the first page embarkation port.
b. To insure the Yacht and her equipment against fire, mahne and collision risks and third pa1iy damage and against any and all loss or damage in excess ofthe agreed security deposit €2.000,00.- 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 ofthe Yacht on the date and at the place mentioned on the first page 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 follo,ving charter commitrnent of the Yacht allows it and that the Owner ag1·ees, to prolong the period of charter by the same length oftime by which the delivery has been delayed.
II. To leave the date oftermination unchanged as in Clause 1 hereofand 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. Ifthe delay of delivery exceeds one fourth (1/4) ofthe total charter time, to cancel this Agreement and be refunded by the Owner with the total amount paid for this charter. In any ofthe 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 agreed date , time and port as rnentioned on 1 st page, cleaned-up, together with all her equiprnent, in the same good condition as she was at take-over.
If he shall for any reason, weather conditions included , fail to deliver the yacht at the aforesaid date , time and port, to pay to the owner demupage at the rate ofthe Charter price per day ofthis 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 port designated in this Clause to pay to the Owner all expenses involved in transferrng the yacht to the port of redelivery and pro - rate dernuπage as above for the nurnber 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 Refundable deposit and as guaranty with the Owner on taking over the Yacht the arnount agreed of Euro 2.000,00- to meet in whole or in part any claim by the Owner in respect of any loss or damage to the Y acht and / or her equiprnent not recoverable under the policy of insurance as in Clause 3(b) hereof and for any claim by the Owner in respect ofthe provisions ofClause 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 for towing other craft, except in an 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 members, but not rnore than eight (8) passengers in all at sea, or to accommodate aboard any person other than those shown οη the crew list 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 ofthe owner.
d. Not to allow any person on board to cornmit any act contrary to the custom 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 of 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. Το take every possible pι-eventive 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, in-spite ofthe Charterer's efforts, to notify immediately the Owner and 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 ifthe wind force is or is predicted to be over six (6) ofthe Beaufort Scale or if the harbour Authoήties have imposed a prohibition of sailing or while the Yacht has unprepared damage or any ofher 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 ίη general, when weather conditions or the state of the Υ acht or its crew or a combination of them concerning the safety ofthe 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 rigging 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 pήnted aids on board thoroughly, not to sail the Yacht at night without all navigation Jights functioning or without sufficient watch οη deck.
h. Το keep the Yacht's Log Book up to date, noting each day the port of call, the state ofthe Yacht and its equipment, any change ίη the composition ofthe crew when at sea, regularly, the times positions, weather conditions, saίl plan and hours of engine operation.
i. Το plan and to carry out the Υ acht's itinerary in such a manner as to reach the port of call farthest away fi-om the point at which the Υacht ιhust be retumed to the Owner (Tum-Around Point) within the first one third (1/3) ofthe charter period and that two days prior to the termination ofthe charter the Yacht's port of call shall lie at a distance not greater than forty ( 40) Ν.Μ. :fi:om the point at which the Yacht is to be retumed to the Owner.
k. Το report by telephone or cable to the Owner at reasonable intervals (every 2 days) the position and state ofthe Yacht and ofher passengers, as well as in the event of any damage to the Yacht.
l. Το study and acquire a working knowledge of any pήnted matter pertaining to the proper handling ofthe 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 οη this basis ofthe Charterer's competence in sailing, seamanship and navigation stated by him ίη writing and in the event of any eπor, 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 ίη 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 Υ acht and her passengers and any time required for this test ο f the Charterer's competence and seamanship will be part of the agreed Charter period.
7. The delivery of the Υ acht to the Charterer will be made at the con1mencement of the charter peήod as designated iη Clause 1. The time required to demonstrate the Yacht to the Charterer and to familiaήze him with her shall be part ofthe agreed charter tirne. The fi-ee ιιse ofthe Yacht will be granted to the Charterer after he has signed the Take-Oveι- form.
8. Before signing the aforesaid form, the Charterer shall have the right to inspect the Υ acht, her gear and her inventory thoroughly to ascertain that all are available and in good working conιlition, except as may be noted thereon, but the signature ofthe 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 ηο ήght to clairn for any loss of tirne or expense occasioned by any accident or breakdown or failure of any part of the Υacht.
In the unlikely event, due to normal wear, of mechanical / electrical or other seήous failure , the Owner has the right to repair the yacht, in 36 hours, from the Charterer's notice to the Owner, without any compensation. Owner or his representatives will not accept any claim after disembarkation ofthe boat regarding the condition ofthe boat, mechanical / electrical or other seήous failure ifprevious has ηοt been informed fi-om the Charterer during the Charter period.
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 failuι-e 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 he previously obtained the consent ofthe Owner for the technical suitability ofthe 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 ofthese repairs and the Charterer shall collect the pertinent receipts against which he shall be refunded by the Owner at the end ofthe charter.
10. If any accident or damage is caused by the Υ acht, the Charterer shall request fi-om the nearest Port Authoήty to ascertain the damage or accident and the circumstances ίη 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 ,the following penalties aι-e to be paid to the Owner: Over 60 days before the start date of the charter 25% of the total Charter freight ( i.e half of deposit) Between 30 and 60 days before the start date 50% of the total Charter freight Less than 30 days before the start date 100% of the total Charter freight Cancellations must be notified to the Owner in writing by post or email. The penalties will be calculated from the date we receive your cancellation.
12. Should the Yacht become an actual or constructive total loss befoι-e or duήng the charter period, this Agreement shall be deemed to be at an end and the Charterer shall recover from the Owner all charter money 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 yacht should be returned to the base the day before the end ofthe charter by 19:00pm. the latest.
15. Crew change is allowed subject to the same contract and a new crew list for port authorities'use.