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Sample Caribbean Charter Agreement
YACHT CHARTER PARTY AGREEMENT Page 1 of 4
CHARTER AGREEMENT made this day of by and between Yacht Owner/
Corporation (hereinafter referred to as the OWNER)
AND
CHARTERER: (hereinafter referred to as the Charterer) for charter of vessel
described
below.
YACHT: LOA: TYPE: OFFICIAL NUMBER:
CHARTER DATES: From (Time / Date) Port of Boarding:
To (Time / Date) Port of Release: Cruising Area:
Number of Charter Guests:
Number of Days: : (Rates are based on # of charter guests stated)
Charter Fee $
Additional Fee $
Total Charter Fee $
1st Deposit: $ upon signing of contract.
2nd Deposit $ Due 6 months prior to charter
Final Payment: $ (Due Date 60 days prior to charter)
TERMS AND CONDITIONS:
Included/Excluded: (Unless otherwise noted under Additional Conditions):
the charter fee includes the services of a Captain and Crew, meals,
standard ship's bar, fuel, and all expenses related to running of the
vessel and use of on-board sports equipment. Charter fee does not include
diving, scuba equipment, premium beverages and fine wines, excessive
alcoholic consumption, off yacht excursions, dockage, cruising taxes and
permits, telephone, airport transfers and crew gratuities, or similar
expense incurred by the CHARTERER.
ADDITIONAL CONDITIONS:
1. PAYMENTS: It is understood that charter fees will be deposited in an
Escrow Account and will be disbursed to the OWNER in the following manner:
Not more than 35% of the charter fee plus delivery fees and other
additional expenses as applicable not more than ten (10) days prior to the
start date of the charter period. The balance of the charter fee will be
dispersed no earlier than the start date of charter. It is further
understood that the OWNER considers charter fees non-refundable. Should the
CHARTERER cancel before the charter term begins, deposits will be refunded
under the following conditions: Fees will be refunded pro rata, less a
service-fee equal to the BROKER'S full commission if
the yacht is rebooked for the same period or portion thereof. If rebooking
is not possible, no refund will be made. If the OWNER cancels, the OWNER
shall reimburse the CHARTERER, through the broker, for all fees paid as of
that date, including BROKER'S commission.
2. DEFAULTS IN PAYMENT: Should any installment of charter fees not be paid
on the date
designated, the CHARTERER will be advised and will have 14 days to pay
balances due. If the default continues thereafter, the OWNER shall be so be
advised by the BROKER, and the OWNER shall have the right to cancel this
Agreement without prejudice to his rights in respect of any arrears of
charter money, or of any breach by the CHARTERER of the conditions
contained herein.
YACHT CHARTER PARTY AGREEMENT Page 2 of 4
CHARTERER'S INITIALS ________
3. BROKERAGE: The owner and CHARTERER recognize American Yacht Company,
Inc. or Luxury Yacht Vacations, Ltd. as the sole BROKER in connectionwith
this Agreement. The OWNER agrees to pay said BROKER customary and usual
brokerage fees in connection with said charter and for any extensions and
subsequent charters of the yacht by the CHARTERER arranged by BROKER for a
period of 2 years from the end of the initial charter. The parties,
understand and agree that the function of the BROKER is solely that of
arranging the charter and that the BROKER is not responsible for the
CHARTERER'S, OWNER'S or crew's actions at any time, nor will the BROKER be
liable for the satisfaction of the CHARTER or any actions or events outside
BROKER'S direct control.
4. DELIVERY: The OWNER agrees to deliver the yacht at the Port of Boarding
in full commission and in proper working order, having all licenses
required for any jurisdiction within the area of charter, outfitted as a
yacht of her size, type and accommodations, with full equipment, inclusive
of that required by law, and fully furnished, including galley and
utensils, blankets, linens, and towels; in staunch, clean and good
condition throughout and ready for service; and, further agrees to allow
demurrage pro rata to the CHARTERER for any delay in delivery, unless
caused by Force Majeure. Should it be impossible for the OWNER to make
delivery within twenty-four hours after the start of the charter period
(for any reason other than Force Majeure), the CHARTERER may cancel this
Agreement. Any charter fees paid in advance shall be returned in full to
the CHARTERER at the CHARTERER'S option without further liability to the
OWNER, shall be refunded pro rata by agreement, and the BROKER shall retain
its full commission.
5. FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts
of GOD, accidents, natural disaster, weather or other occurrences beyond
the reasonable control of the OWNER, and not caused by the OWNERS
negligence. No warranty is made as to the suitability of weather with
respect to this charter. If a Named Storm threatens or is forecast to
threaten the expected location of the charter yacht, as determined by the
Captain in his/her sole discretion, the Captain shall have the option of
terminating or canceling the charter any time that he/she deems necessary.
No refund is provided for cancellation due to weather.
6. AUTHORITY: The OWNER warrants that the Captain meets all requirements
necessary to legally command the yacht in the area chartered. While it is
agreed the CHARTERER may determine the general movements and destination of
the yacht within the boundaries of this Agreement, it is understood that
the Captain is in full command, and that the CHARTERER agrees to abide by
his judgment as to clearance, sailing, weather conditions, anchorages and
other pertinent matters.
7. LIENS: The CHARTERER, his agents, and/or employees, have no right or
power to permit or suffer the creation of any Maritime Liens against the
yacht. The CHARTERER agrees to indemnify the OWNER for any charges or
losses incurred as a result of a breach of this paragraph, including
reasonable attorney's fees.
8. NON-ASSIGNMENT: The CHARTERER agrees not to assign this Agreement or
sub-charter the yacht without the OWNER'S consent in writing.
9. RESTRICTED USE: The CHARTERER agrees that the yacht shall be employed
exclusively as a pleasure vessel for the sole and proper use of himself,
his family, guests and servants, during the term of this charter, and shall
not transport merchandise, or carry passengers for pay, or engage in any
trade, nor in any way violate the Laws of any Government within the
jurisdiction of which the yacht may be at any time, and shall comply with
the law in all other respects.
10. NAVIGATION LIMITS: The CHARTERER agrees to restrict the cruising of the
yacht to the are specified on the 1st page of this agreement, cruising
area.
11. INSURANCE: The OWNER agrees to keep the yacht fully insured against
fire, marine and collision risks and with protection and indemnity coverage
for the full term of the charter period. The CHARTERER shall not be liable
for any such loss or damage covered by such insurance. Failure by the OWNER
to provide such insurance will burden him with the same responsibility as
if the yacht were so insured. The CHARTERER may purchase additional Charter
liability insurance at his /her expense.
YACHT CHARTER PARTY AGREEMENT Page 3 of 4
CHARTERER'S INITIALS ________
The OWNER shall not be held responsible for loss or damage to personal
property or for any injury suffered by the CHARTERER, or any member of his
party, during the term of this charter, regardless of whether any such loss
or injury occurs on board the yacht or elsewhere, unless such loss, damage
or injury is the direct and proximate result of OWNERS sole negligence.
More specifically, but without limiting the foregoing, the OWNER and his
insurance underwriters accept no responsibility or liability for accidents,
injuries or death related to the yacht's dinghy, swimming and/or the use of
snorkels, masks or allied equipment (such as scuba equipment), water
skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying,
or other sports equipment, whether or not supplied by the OWNER or
CHARTERER.
12: ACCIDENTS: The OWNER agrees that should the yacht, after delivery,
sustain breakdown of machinery, or be disabled, or damaged by fire,
grounding, collision or other cause so as to prevent its use by the
CHARTERER for a period of twenty-four (24) consecutive hours or more, or
should the yacht be lost or said damage(s) be so extensive that the yacht
cannot be, or is not repaired within twenty-four (24) hours, none of the
above being brought about by any act or default of the CHARTERER, the
CHARTERER shall have the right to terminate the charter. The OWNER shall
make a pro rata return of
all charter fees to the CHARTERER from the time of such loss or damage.
13. DRUGS AND OTHER ILLEGAL ACTIVITIES: The use, transportation, or
possession of illegal drugs or narcotics (INCLUDING MARIJUANA) or of any
other contraband, or the participation in any other unlawful activity is
strictly prohibited. The participation in any of these activities by
CHARTERER, or by any guest of the party constitutes a breach of the charter
and shall be cause for immediate termination of this Agreement without
refund of any payments made by CHARTERER. CHARTERER will be held
responsible for any loss or damage to the yacht due to any such violations
and will be put ashore at the next port of call.
14. REDELIVERY: The CHARTERER agrees to redeliver the yacht, her equipment
and furnishings, free and clear of any indebtedness incurred for/by the
CHARTERER, at the expiration of the charter. The CHARTERER also agrees to
be responsible for and to replace or make good any injury to the yacht, her
equipment and furnishings caused by himself or by any of his party, less
ordinary wear and tear, except to the extent such claims are covered by
insurance as provided above. This means that the CHARTERER shall be
responsible for any costs up to the amount of any deductible. Should the
CHARTERER hinder the yacht's redelivery to the place and time stipulated,
for whatever cause, he shall
pay the OWNER demurrage pro rata for additional charter time, plus any
other losses the OWNER sustains related to the delayed redelivery. If the
delay in redelivery is due to Force Majeure, the CHARTERER is not held
responsible for any additional charter fees.
15. DISPUTE RESOLUTIONS: Should the OWNER and CHARTERER be unable to
reconcile any differences that may arise with respect to the charter or
this Agreement, such dispute shall be submitted first to mediation before a
mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost
thereof divided equally between the parties. The mediation will be in
accordance with such rules as the parties may designate agree upon and in
the event the dispute cannot be resolved by mediation, then either party
may resort to an action as provided in paragraph 16.
16. VENUE: The venue of any action arising from this Agreement shall lie
exclusively in the Courts of the City and State of Owner's residence,
unless another place is mutually agreed upon, and both parties shall submit
to the jurisdiction of such court.
17. EXECUTION OF AGREEMENT: The OWNER and CHARTERER, whose signatures need
not be affixed to the same copy of the YACHT CHARTER PARTY AGREEMENT, may
transmit the Agreement by facsimile or other electronic means. The
separately signed Agreement, and/or copies thereof, shall constitute a
binding Agreement between the OWNER and the CHARTERER.
18. TRIP CANCELLATION INSURANCE: The CHARTERER acknowledges that trip
cancellation insurance has been offered and that he/she has the choice of
either accepting or declining such coverage.
YACHT CHARTER PARTY AGREEMENT Page 4 of 4
CHARTERER'S INITIALS ________
This Agreement must be signed and returned within three (3) weeks of
receipt by the OWNER or the owner's representative via electronic means to
the delivery address provided. Otherwise the CHARTERER has the right to
cancel without penalty.
I have read and understood the terms of this Agreement, plus all additional
conditions and/or addenda listed above, before signing. Therefore, to the
true and faithful performance of the foregoing YACHT CHARTER PARTY
AGREEMENT, said parties hereto bind themselves, their heirs, executors,
administrators and assigns, each to the other.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date
written below and have initialed each page of the Agreement.
OWNER: Or Authorized Agent
Signature ==============================
Print Name
WITNESS TO OWNER:
Signature ==============================
Print Name:_______________________________
DATE
CHARTERER:
Signature ==============================
Print Name
WITNESS TO CHARTERER
Signature ==============================
Print Name:_______________________________
DATE
PLEASE NOTE THAT THIS IS A SAMPLE CHARTER AGREEMENT THAT MAINLY REFERS
TO "ALL-INCLUSIVE" CHARTERS WITH MEALS AND BEVERAGES INCLUDED AS
GENERALLY OFFERED BY YACHT OWNERS IN THE CARIBBEAN. THE LARGER MEGA-YACHTS
AND SOME EUROPEAN VESSELS REQUIRE THE STANDARD MYBA CONTRACT WHICH IS NON
INCLUSIVE AND IS "BASE RATE + EXPENSES".
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