General Charter conditions
This general conditions are a summary of the agreements about the charter of the yacht mentioned above.
The chartercompany will present a contract to be signed in original at boarding, mentioning the specific boat and charterdates.
The charterprice is in Thailand currency BAHT.
The price in BAHT will be converted based on interbank exchange rate and indicated in EURO.
The chartercompany reserves the right to balance the price in BAHT according to actual currency-situation at boarding.
The Charterer hereby confirms that he has experience relevant to the type of vessel being chartered (as per the details given in Appendix A. to this contract) or alternatively he nominates the following member of his Charter Party, who has experience relevant to the type of vessel being chartered (as per the details given in Appendix A. to this contract), as Designated Skipper to be mentioned in the crewlist.
The Owner and/or Broker reserve the right to refuse delivery of the vessel to the Charterer if the Owner/Broker considers the experience of the Charterer or Designated Skipper to be insufficient. The Charterer agrees that in such circumstances the Owner/Broker has the right to place a qualified skipper aboard the vessel at the Charterer's expense or to terminate the Charter Contract without refund of initial deposit to the Charterer
Charter Fees, 50% of Yacht Charter Fee payable on Booking.
Balance including and additional items or servicies payable at least 30 days before departure.
Security deposit by Credit card swipe at time of charter and returnable less damage to boat
Method of Payment:
All payments to be made through approved sales agent.
Notes: 1. Payment shall only be deemed to have been received when cleared.
2. Charter booking is not confirmed until the initial deposit has been received
GENERAL TERMS & CONDITIONS
The Owner/Broker will deliver the charter vessel in full commission and in proper working order, outfitted as a vessel of her size, type and accommodation with equipment as specified in the inventory and, where applicable with additional equipment as specified in Appendix B. to this contract.
The Owner/Broker agrees that the charts on board the vessel are up to date but he shall not be held liable for any accidents which may occur due to any errors or omissions in those charts.
Delivery of Vessel
The Owner/Broker shall deliver the charter vessel to the Charterer at the start of the agreed charter period in a clean and seaworthy condition with full tanks of water, fuel and adequate gas.
Should the Owner/Broker, through circumstances beyond his control, be unable to deliver the charter vessel or a similar vessel at commencement of the charter period through no fault of Gulf Charters (e.g., having been damaged by a previous client) then he shall be obliged to substitute another yacht if necessary of a different type but of similar or larger dimensions and facilities. If a yacht is not available then accommodation will be provided for you free of charge in a hotel of our choice while repairs are carried out or an alternative yacht is provided. This paragraph 11 does not apply if the cause is a Force Majeure event.
If after 72 hours from commencement of the charter period the Owner/Broker is still unable to deliver the charter vessel or similar vessel then the Charterer shall be entitled to cancel this contract, by notifying the Owner/Broker in writing. In such event the Owner/Broker shall be obliged to refund 100% of the Total Fees and there will be no further rights or claims for compensation.
Handover of Vessel
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 of the technical apparatus, and check that all equipment is in
Should the Charterer be involved in an accident or should any damage to the vessel or equipment occur during the charter period, the Charterer must inform the Owner/Broker without delay to discuss with him the cost and
suitability of repairs. No repairs should be carried out without prior consent of the Owner/Broker.
In event of an accident involving third parties the Charterer must obtain names and contact details of all those involved, including any independent witnesses. The accident must be reported to the Owner/Broker immediately and the Charterer will be required to prepare a written and signed report for the Owner/Broker and insurance company.
A Security Deposit as shown in Section 5. of this contract shall be payable by the Charterer. This Deposit shall be held by the Owner/Broker against damage to the vessel or equipment caused by members of the charter party. On return of the vessel in good condition the security deposit will be returned immediately.
Should there be any dispute between the Owner/Broker and the Charterer as to the cause of damage an independent surveyor, nominated by the insurer, will be asked for an opinion and such opinion will be considered binding. Where an independent surveyor is appointed his costs will be split equally between the Owner/Broker and the Charterer.
Care/Use of the Vessel
The Charterer agrees to handle the vessel 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 to act according to the rules
and regulations of the marine, harbour, customs and police authorities.
i) The Charterer is personally liable to the
aforementioned authorities for any violation of the law.
ii) The Charterer agrees not to take more than the maximum number of persons onboard, according to the
number of berths and charter party list.
iii) Pets or other animals shall not be brought aboard the vessel without prior written consent of the
iv) The Charterer agrees that the vessel shall be used for recreational purposes only and shall not be hired out
to third parties, used for any commercial activities or used for racing unless specifically agreed in this contract.
v) The Charterer will not tow other vessels nor allow the vessel to be towed except in an emergency where the
safety of the vessel or crew is at stake. In such an event the vessel's own towing cable is to be used. Towing
costs must be negotiated in advance and must, where reasonably possible, be submitted in writing or vouched
for by witnesses.
vi) The Charterer agrees only to operate the vessel within the cruising area shown in Section 2. of this contract.
vii) The Charterer agrees to pay all harbour and berthing fees where applicable.
viii) The Charterer agrees to keep a proper and up to date log book, including records of weather reports.
ix) In the event of adverse weather conditions or forecast of adverse weather conditions (Beaufort Scale - force 7
or above) the Charterer agrees not to leave shelter or to seek the nearest shelter or suitable anchorage.
x) The Charterer agrees to make a note of any ground contact and to report such contact on return of the
xi) The Charterer agrees not to leave the vessel unsupervised in the open coast and to ensure that at all times it
can be retrieved in case of imminent danger.
xii) The Charterer agrees not to leave the vessel unsupervised at any time unless it is locked and otherwise
reasonably secured against theft.
xiii) The Charterer agrees that the vessel shall not be sailed or motored after sunset without the written consent
of the Owner/Broker, except in an emergency where the safety of the vessel or crew are at stake.
xiv) The Charterer agrees to report the position and status of the vessel to the Owner/Broker at agreed intervals
during the charter period. In event that the Charterer fails to provide a position report within 24 hours of the
agreed time the vessel will be assumed to be in distress and the Owner/Broker will notify the relevant
authorities. Should the Charterer fail to provide a position report and it is subsequently found that the vessel was
not in distress then, unless there are other mitigating circumstances, the Charterer will be responsible for the
cost of any charges levied by the authorities.
Redelivery Of The Vessel
It is imperative that the Charterer plan the cruise carefully and begin the return trip, allowing for weather
conditions, in time to ensure a punctual arrival at the port of redelivery. However, should a sudden deterioration
in the weather render a punctual return impossible the Owner/Broker must be informed immediately by
telephone or other means.
Redelivery of the vessel is concluded when the Charterer has performed a basic cleaning of the vessel, inside
and out, and has removed all personal belongings. Should the vessel not be basically cleaned on redelivery the
Owner/Broker reserves the right to deduct local cleaning costs from the Security Deposit. Fuel tanks should be
refilled by the Charterer or the cost of refilling settled with the Owner/Broker.
The Owner/Broker will inspect the vessel and equipment to take inventory and check for any damages.
If redelivery is delayed through fault of the Charterer then the Charterer shall incur a daily penalty of double the
daily charter fee. In addition the Charterer shall be liable for any expenses incurred by the Owner/Broker and the
next charter party, such as hotel costs, telephone charges, etc.
To avoid incurring penalties for delay, weather conditions must be taken into account in setting a flexible cruise
itinerary Delays caused by adverse weather conditions (unless such conditions are unforecast, freak
occurrences) are subject to the same penalties as any other delays.
Any time required for cleaning or for carrying out repairs to damage which are caused by negligence and not
covered by insurance will be considered delays.
h) Change of Redelivery Port
Should the charter have to terminate at any place other than the agreed redelivery port the Owner/Broker must
be informed immediately. In such event the Charterer must remain with the vessel until such time as the
Owner/Broker or their representative can take control of the vessel.
The vessel is only considered properly redelivered when it is returned to the port of redelivery specified in this
contract and has been inspected by the Owner/Broker. If the charter terminates at any other place the Charterer
shall be responsible for any costs incurred in returning the vessel to the specified port of redelivery.
Once this charter contract has been signed, cancellation thereof by either party will incur the following
a) More than 4 weeks before commencement of charter period 25% of Total Fees
b) Within 4 weeks of commencement of charter period 100% of Total Fees
It is strongly recommended that before the Charterer enters into this contract he draw up a binding agreement
between himself and other members of his charter party to safeguard against last minute cancellation and
consequent penalties. Alternatively he should consider some form of cancellation insurance.
The Owner/Broker is entitled to cancel this contract should the Charterer fail to meet payment deadlines.
j) Breach of Contract
The Charterer and members of his charter party are jointly liable to the Owner/Broker for any breach in the terms
of this contract. Where applicable, the Charterer shall be responsible for the actions of the Designated skipper
to the same extent as he is responsible for his own actions
k) Complaints Procedure
Any complaint concerning the vessel should immediately be notified in writing to the Owner/Broker. If the
complaint has not been resolved at completion of the charter period the Charterer should note this on the
redelivery receipt. No action at law shall be brought against the Owner/Broker unless this procedure has been
l) Legal Jurisdiction
This contract is subject to Thai law and practice and any disputes arising out of or under this contract shall be
subject to determination in a court of competent jurisdiction within Thailand.
I/We agree that the information given by me/us in entering into this contract is to the best of my/our knowledge
true and correct.
I/We further agree to be bound by the terms and conditions of this contract and Appendices to