ELITE YACHTING BAREBOAT CHARTER AGREEMENT
Obligations of the Owner / Broker
Delivery of the Yacht
The Owner/Broker shall deliver the chartered yacht to the Charterer at the start of the agreed charter period in a clean and
seaworthy condition, with full tanks of water, fuel and gas.
Should the Owner/Broker be unable, even through no fault of his own, to deliver the chartered yacht or a similar yacht at
the commencement of the charter period, he is obliged to reimburse a pro-rata sum of the charter fee.
Should the Owner/Broker be unable to deliver the chartered yacht or a similar yacht after 72 hours from the
commencement of the charter period, the Charterer is then entitled to cancel this agreement, this cancellation being in
writing to the Owner/Broker. In this event, immediate refund of the full charter fee is payable and there will be no further
rights or claims for compensation.
The Owner/Broker will deliver the charter yacht in full commission and in proper working order, outfitted as a vessel of her
size, type and accommodation with full equipment as specified by local laws and ready for service. He will supply an
inventory list to enable the skipper to decide which additional equipment to bring himself.
The Owner/Broker hereby declares that the charts on board are up to date, but that he can not be held liable for any
damage which may occur due to any subsequent alterations.
Handover of the yacht
a). The Owner/Broker and the Charterer must take part in a thorough handover of the vessel, without time constraints, to
enable the Charterer to familiarize himself with all the technical apparatus, to check that all equipment is in place, and to
sign a report. In signing this report, the Charterer acknowledges that the yacht has been handed over properly according to
b). The Charterer and/or Skipper must pay security deposit and a copy of passport on arrival before departure. Failure to
provide either will deem this contract void,all monies collected will be held under section 13 of this contract. If any other
person in the group other than the signatory of the charterer providing the damage deposit or a part of, he/she has to
provide a passport copy & sign the charter contract too.
Fully comprehensive insurance covers damage to the yacht, but the Charterer agrees that he is liable for all damage
through breach of this agreement, negligence or malicious or willful acts and agrees that his responsibility for such loss or
damage is not limited to the amount of the security deposit held by the Owner/Broker.
* The dinghy and its accessories as well as the outboard engine are NOT insured against theft or loss.
Personal accident insurance is the responsibility of the Charterer. This includes cover for all hired staff ( such as cooks,
deckhands, dive personal) who have been employed by the Owner/Broker on behalf of the Charterer for the duration of
The Owner/Broker can not be held liable for any loss of or damage to personal property or for any injuries resulting from
the use of the yacht or its equipment.
We strongly advise that personal accident insurance be taken out by the Charterer covering all of his own crew.
Use of the yacht
a) The Charterer agrees to handle the yacht as if it were his own property, with proper care and handling, to operate it
according to the rules of good seamanship and common sense, and to respect and act according to the rules and
regulations of the marine and harbour authorities, as well as the customs authorities and police. The Charterer is
personally liable to the above mentioned authorities in the event of any, even non-deliberate, violation of the law.
b) The Charterer is liable for all damage to the yacht or equipment, as well as for personal injury to third parties and hired
staff, plus any resulting damage or loss, which is caused by him or his crew with or without intent or through negligence,
and not covered by the insurance. Liability extends as well to all immediate following charters of the hired vessel.
c) The Charterer agrees not to take more than only the maximum number of persons on board, according to the number of
berths and as detailed in the crew list above; he agrees that the yacht shall only be used as a pleasure vessel, that the
yacht shall not be rented out to a third party and that the yacht is not used for any commercial activity such as
commercial fishing, racing or diving, if not stated specifically in this agreement.
d) The Charterer will only tow other yachts in cases of extreme emergency and only allow the chartered yacht to be towed
in cases of extreme emergency ( when the crew or the yacht are in extreme danger). In such an event, only the yacht’s
own towing cable is to be used, to avoid high recovery costs. The towing costs must be negotiated in advance and must,
wherever possible, be submitted in writing or vouched for by witnesses.
e) The Charterer agrees herewith:
- to sail the yacht no further than 70 nautical miles from the West coast of Thailand;
- not to leave Thai territorial waters (national boundary);
- to pay all harbour and visit fees where applicable;
- to observe good nautical and traditional yacht customs;
- to keep a proper and up to date log book, including records of weather reports;
- to make a note of any ground contact and to report such contacts on return of the yacht;
- in the event of adverse weather or sea conditions (7 Beaufort and above), not to leave the shelter be it a harbour or a
bay, or to seek the nearest shelter or suitable anchor bay;
- not to leave the yacht unsupervised on the open coast, and to ensure that it can be immediately retrieved in case of
- to allow no animals on board;
- to use no scouring, corrosive or chlorinated cleaning agents when cleaning the yacht.
Use of the yacht
Should any damage to the yacht or the equipment occur during the charter period, the Charterer must inform the
Owner/Broker without delay by telephone or fax, to discuss with him the cost and suitability of repairs.
No repairs may be
carried out without the agreement of the Owner/Broker.
Any accident or damage involving a third party must be reported immediately to the Owner/Broker.
Such a report must
detail all particulars, the type and name of the vessel and the names of all those involved.
The Charterer shall make a
written report for the Owner/Broker as well as the insurance company, signed by all concerned parties.
Costs for the repair of wear and tear will be reimbursed on production of a receipt. The Charterer must meet the costs of all
other damages as well as any expenditure incurred in replacing lost equipment, should these costs not be covered by the
In the above cases, the Owner/Broker is entitled to retain part or all of the security deposit or to demand an advance
payment. The Owner/Broker could be entitled to further compensation should, for example, an accident not be reported.
On return of the yacht in good condition, the security deposit will be reimbursed immediately.
In case the Owner/Broker and the Charterer are in disagreement regarding the cause of damage, an independent
surveyor will be asked for his opinion, in which case the refund of the security deposit will remain in suspense.
The Charterer agrees to contact the charter base to report on position and status of the yacht and welfare of the crew. 48
hrs before the end of the charter is mandatory to confirm redelivery of the yacht.
Redelivery of the yacht
It is imperative to plan the cruise carefully and to begin the return trip in due time in order to guarantee a punctual arrival in
the port of redelivery, even in the event of unfavorable conditions. Should, however, sudden deterioration in the weather
render a punctual return impossible, the Owner/Broker must be informed immediately by telephone or any other means.
The redelivery of the yacht is concluded when the Charterer has performed a basic cleaning of the yacht inside and out,
and removed his personal belongings and garbage. The Owner/Broker must then inspect the yacht and its equipment for
damage and inventory. For this purpose a record will be drafted which becomes binding with the signatures of the
Charterer and the Owner/Broker.
Should the yacht not be basically cleaned on redelivery, the Owner/Broker reserves the right to deduct local rate cleaning
costs from the security deposit. Diesel should likewise be refilled by the Charterer or settled with the Owner/Broker.
A delayed redelivery through fault of the Charterer will incur a daily penalty of double the daily charter fee. In addition, the
Charterer is liable for expenses incurred by the Owner/Broker and the next crew, such as hotel, postage, telephone costs
etc. In the event of any damage, the Owner/Broker will assert any legal and insurance claims and add any costs on to the
Should the cruise have to terminate at any place other than the agreed port, the Owner/Broker must be informed
immediately. In this case, the Charterer must stay with the yacht to safeguard and supervise the vessel until it has been
returned to the Owner/Broker or his representative. The yacht is only considered properly redelivered when it has been
returned to the port of redelivery and inspected. The Charterer is liable for all costs incurred to achieve this.
Weather conditions must be taken into consideration when calculating a flexible cruise itinerary to avoid incurring delay
penalties. Delays caused by adverse weather conditions are subject to the same penalties as any other delays.
Any time required for cleaning or repairs to damage caused by negligence and not covered by the insurance is also classed
as a delay.
Once this charter agreement has been signed, cancellation thereof will incur the following penalties:
# More than 12 weeks before the charter date, 25% of the total charter fee
# Between 12 and 6 weeks before the charter date, 50% of the total charter fee
# Within 6 weeks of the charter date, 100% of the total charter fee
We strongly advise, therefore, that cancellation insurance be taken out.
In addition, we advise you to draw up a
binding contract between you and your crew members. In this case, you might be able to find a suitable person or
replacement crew to substitute your original crew and therefore be able to honor this agreement.
The Owner/Broker is entitled to cancel the agreement should the Charterer fail to meet his payment deadlines.
Violation of the agreement
In the event of any violation of this agreement, the Charterer and his crew are jointly liable to the Owner/Broker for any
consequences. The Owner/Broker shall not be liable to the Charterer, any member of his party or any third party for any
indirect special or consequential damages . The Charterer is responsible for the actions of his skipper to the same extent
as he is responsible for his own actions.
Legality and validity of this agreement
This agreement is subject to the laws of the country in which the yacht is chartered. Should one part of this agreement be
deemed invalid, the effectiveness of the remaining regulations is not effected.
Any complaints concerning the yacht or the Owner/Broker must be documented immediately on completion of the charter
at the port of redelivery, and must be accompanied by the original countersigned copy of the redelivery document.
a) The yacht shall not be sailed or motored after sunset (at nightfall) except in an emergency where the safety of the yacht
or the crew is at stake.
b) When the vessel is moored at her own anchor or at a temporary mooring, the skipper must regularly check weather
reports and and take all necessary measures to keep the boat under watch at least every 4 hours, even if weather, tidal and
other seamanship considerations are favourable at the time of leaving the vessel.