Charter terms | ||||||||||||
General Charter Terms < 1. Pecumedia GmbH, Div. Yachtagency, Trautenwolfstr.5 , D-80802 Munich (Germany), of which named as Charterpartner, is an agent of the self-same charter company. 2. All contracts and invoices are in the name of the aforenamed charter-company. All contracts between charter customers and the charter company must be cleared by both contract partners. 3. Only written and signed agreements are valid. All verbal agreements must be written and signed in order to become valid. Should some clauses in this contract be invalidated by judicial or legislative measures, the invalid clause will be rectified so as to fulfill the original economic meaning and intent in valid terms. The contract itself will in no way be altered by such rectification. 4. Note: this contract procedure by Fax is legally valid between the parties and helps to avoid long waiting-times and costs to your convenience. At boarding, the chartercompany hands an issue of that chartercontract to sign it in identical "original", which is subject to local law.
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MEMORANDUM OF AGREEMENT FOR SELF - SAIL CHARTER MEMORANDUM OF AGREEMENT made this < By And Between < AND of < < < 1. The Owner agrees to let on bare-boat charter and the Charterer agrees to charter the unattended yacht < Validity 2. The acceptance and signature of this Agreement by the Owner and/or his Agents 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, without crew, clean, ready for sea, with all the gear and equipment indicated in the Yacht's brochure and its inventory list and in proper running and seaworthy condition Delayed Delivery Redelivery (Return) of the Yacht and Delays 4. The Charterer agrees: Deposit and Guaranty Observance of Customs and Diving Laws Agreement for Towing the Yacht Restrictions in the Use of Canvas Restrinction in Navigation Yacht Log Reports of Yachts position and state Charterer's Sailing Qualifications Test of Sailing IT IS HEREBY FURTHER AGREED by and between the parties hereto: 5. This agreement is entered into on the basis of the Charterer's competence in sailing, seaman ship and navigation stated by him in writing and in the event of any error, 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 his Crew satisfy the Owner in this respect, the Owner may terminate this Agreement as stated in 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 yacht and her passengers and any time required for this test of the Charterer's competence and seamanship will be part of the agreed Charter period. Take-Over of the Yacht & Time required for it 7. The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as designated in Clause Acceptance of the Yacht Charterer's Responsibility during Charter Time 8. Before signing the aforesaid form, the Charterer shall have the right to inspect the yacht, her gear and her inventory thoroughly to ascertain that all are available and in good working condition except as may be noted thereon, but the signature of the Take-Over form by the Running Expenses 9. After take-over, expenditures for port-dues, water, fuels, oils and any other stores required, as Expenses well as the repair of any damage or failure 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 of the Owner for the technical suitability of the 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 of these repairs and the Charterer shall collect the pertinent receipts against which he shall be refunded by the Owner at the end of the Charter. Ascertainment of Damages 10. If any accident or damage is caused by the Yacht, the Charterer shall request from the nearest Port Authority to ascertain the damage or accident and the circumstances in 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. Cancellation or Premature Termination 11. In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in Clause 3(c)(iii),after signing this Agreement, all advance payments made up to the date of cancellation will be retained by the Owner, and the Owner reserves the right to refund the said deposits only if he succeeds in letting the Yacht to another Charterer for the same period and under the same conditions. In the event that the Charterer should elect to terminate the charter and deliver the yacht prior to the date designated in this Agreement,the Owner shall not be liable to the return of any proportional part of the hire money. Total loss of Yacht 12. Should the Yacht become an actual or constructive total loss before or during the Charter period, this Agreement shall be deemed to be at an end and the Charterer shall recover from the Owner all charter fees 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. Special Provisions 13. The special provisions, if any, set out in the Schedule hereto are fully accepted and form part of this Agreement. Agents 14. The Agents of the Owners act in good faith on behalf of both Owner and Charterer but contract as Agents only and in no way incur any liability for any acts, matters or things done, committed, omitted or suffered by either party, except for the responsibilities provided by the pertinent legislation of Greece. Arbitration of Disputes 15. In the event of any dispute arising between the parties hereto with respect to this Agreement or anything herein contained the same shall be referred to two Arbitrators in Greece one to be appointed by each party, whose decision shall be final or to an Umpire to be appointed by such Arbitrators, if and when they shall disagree, the decision in such event of the Umpire to be final. SPECIAL PROVISIONS Additional Conditions (if any) |