1. Pecumedia GmbH, Abt. Yachtchartervermittlung
CHARTERPARTNER Postfach 401 444, 80714 München, nachfolgend Charterpartner genannt, tritt als Agentur im Namen und Auftrag für
den genannten Vercharterer auf .
2. Es werden ausschließlich Geschäfte im fremden Namen und auf fremde Rechnung getätigt. Ansprüche aus den Verträgen
sind zwischen den Vertragspartnern direkt zu regeln.
3. Es gelten nur schriftliche
Vereinbarungen, mündliche Vereinbarungen bedürfen zu ihrer Gültigkeit der Schriftform. Sollte eine Bestimmung dieses Vertrages ungültig sein oder werden, so ist die ungültige Regelung durch eine solche gültige zu ersetzen, die dem gewollten Sinn und Zweck der ungültigen Bestimmung in zulässiger Weise entspricht. Der Vertrag an sich bleibt davon unberührt.
YACHT CHARTER AGREEMENT
Whereby it is agreed that Nomicos Yachts Ltd lets on bareboat charter and the charterer agrees to charter the unattended yacht <>
commencing at 17:00 hours on the <> and ending at <> at about 4.p.m. + 1 night on board until 09:00 hours for the charter fee <> , of which 50% is due and payable by the Charterer Mr/ Mrs <> upon the signing o this agreement. The balance of 50% is due and payable the latest 42 days prior to commencement of the charter. A security payment of <> will be required and made payable to Nomicos Yachts Ltd representative upon embarkation. This security serves to cover costs incurred for any loss or damage not covered
by the insurance or not caused by normal use of the yacht.
Included in the price are: Bedlinen, towels, GPS, autopilot, dinghy and outboard,
Extras, payable only upon embarkation, are:
security deposit of <>
transit- log 90 €
Attention please: NO PERSONAL CHEQUES ACCEPTED.
The yacht shall be picked up at <> in <>,
And shall be returned to <> at <>
In witness thereof, the Owner and the Charterer have signed this agreement
The signature or 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 sum of the payments as indicated above
1. 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 as well as its inventory list and in proper running and sea worthy
B) To insure the Yacht and her equipment against fire, marine and collision
risks and third party damage and against any and all loss or damage in excess
of the amount of the security deposit 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 of the Yacht on the
date and at the place mentioned above but if for any cause whatsoever the yacht
shall not be available, the Charterer shall have the right of choice of one
of the following possibilities:
I. Provided that the following charter commitment of the Yacht allows it and
that the Owner agrees to prolong the period of charter by the same length of
time by which the delivery has been delayed.
II. To leave the date of termination unchanged as above and to be refunded
by the Owner with an amount proportional to the time by delivery was delayed
at the rate corresponding to the total charter fees agreed.
III. If the delay of delivery exceeds one fourth (1/4) of the total charter
time, to cancel this Agreement and be refunded by the owner with the total
amount paid for this charter.
In any of the events mentioned in this Clause, neither party shall be liable
to pay to the other any further compensation for any loss or damage resulting
from the curtailment.
2. The Charterer agrees:
A) To redeliver the Yacht to the Owner at the aforementioned Marina cleaned-up
along with all her equipment, in the same good condition as she was at take-over,
at the time designated above, unless the yacht has become a total loss. If
he shall for any reason fail to deliver the Yacht at the aforesaid date and
time, to pay to the Owner demurrage at the rate of the charter price per day
of this Agreement increased by fifty percent (50%) for every day or fractional
part of a day thereafter until delivery has been effected. If he leaves the
yacht at any place other than the designated aforementioned place, to pay to
the Owner all expenses involved in transferring the yacht to the place of redelivery
and pro-rata demurrage as above for the number 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 deposit and as guaranty with the Owner on taking over the Yacht
the aforementioned amount to meet in whole or in part any claim by the Owner
in respect of any loss or damage to the yacht and/ or her equipment not recoverable
under the policy of insurance and for any claim by the Owner in respect of
the provisions of this contract. The aforesaid deposit shall be refunded to
the Charterer, subject to the provisions above, after inspection of the yacht
and her gear 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 1 qualified
Skipper and 1 experienced crew member, but not more than persons in all at
sea, or to accommodate aboard any person other than those shown on the crew/
passenger manifest. Not to take the Yacht neither to allow her to be taken
outside the area of the Turkish seas nor to sublet the Yacht without the written
consent of the Owner.
D) Not to allow any person on board to commit any act contrary to the custom
laws of Turkey or of any country or contrary to the laws pertaining to fishing
or under water diving nor to seek and/ or take possession of objects of archeological
nature or value. In any case such act is committed, this Agreement shall there
upon be terminated, 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) To take any possible preventive measure and precaution to avoid bringing
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, despite of the
Charterer?s efforts, 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 if the wind force is or is predicted to
be over six (6) of the Beaufort scale or if the harbor Authorities have imposed
a prohibition of sailing or while the yacht has unrepaired damage or any of
her 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 in general, when weather conditions
or the state of the yacht or its crew or a combination of them concerning the
safety of the 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 studies the charts of the area and
other printed aids on board thoroughly, not to sail the yacht at night without
sufficient watch on deck.
H) To keep the yacht’s logbook up to date, noting each day the port of
call, the state of the yacht and its equipment, any change in the composition
of the crew when at sea regularly, the times, positions, weather conditions,
sail plan and hours of engine operation.
I) To plan and to carry out the yacht’s itinerary in such a manner as
to reach the port of call farthest away from the point at which the yacht must
be returned to the Owner (Turn- Around Point) within the first one third (1/3)
of the charter period and that two days prior to the termination of the charter
the yacht’s port of call shall lie at a distance not greater than forty
(40) N.M. from the point at which the yacht is to be returned to the owner.
J) To report by telephone or radio to the Owner at reasonable intervals the
position and state of the yacht and of her passengers, as well as in the event
of any damage to the yacht.
K) To study and acquire a working knowledge of any printed matter pertaining
the proper handling of the yacht and to the conditions in the cruising area,
which may be made available to him by the owner.
IT IS HEREBY FURTHER AGREED by and between the parties hereto:
3.This agreement is entered into on the basis of the Charterer?s competence
in sailing, seamanship 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.
A)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 in Clause
5 above or place aboard the yacht a seaman, if one acceptable by both the owner
and 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 would be part of the agreed
4. 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 in good working condition, except as may be noted thereon,
but the signature of the take-over form by the Charterer shall be deemed to
imply acceptable of the yacht, which thereafter will be in the Charterer’s
full, responsibility and the Charterer shall have no right to claim in any
loss of item or expense occasioned by any accident or breakdown or failure
of any part of the yacht.
5. After take-over, expenditures for port-dues, water, fuels, oils and any
other stores required, as 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 there has been previously obtained consent from the
Owner of the technical suitability of repairs 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.
6. 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.
7. In the event of cancellation of the charter by the Charterer, for any reason
except of as mentioned in Clause 1(c)(iii), after signing this Agreement, all
advance payments made up 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 hire
8. The Agents of the owner Messrs act in good faith on behalf of both Owner
and Charterer but are 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
9. 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 Turkey 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.
IN WITNESS whereof this Agreement has been signed by the Owner and the Charterer