Charter terms
 



























































BAREBOAT
CHARTER AGREEMENT <>

approved
by the MARINE LEISURE ASSOCIATION


dated <>


The operator/Chartercompany

<>


The
charterer

<> <>


<> <> <>


Vessel
name:
given at boarding

Type:
<>



which
includes all gear and equipment on board and in any inventory
attached hereto and initialled by the parties

Port
of Delivery:




<>

Port
of Redelivery: <>


Cruising
Limits:



 
turkish coast, visit of greek islands is possible, but must be announced at boarding
to the chartercompany

Charter Period:





from
<> about 4 p.m. or earlier only if possible (decision of base-management)

to <> not later than 4 p.m.



Crew
consisting of:
names
and experience/certificates

delivered as a crewlist minimum
3 weeks before boarding

Charter
Fee:




<> (comprising
Advance and Balance Payments)



Advance
Payment:




<> immediately

Balance
Payment:




<> until <> arriving on our account.


Security Deposit <> at boarding cash or Creditcard


SPECIAL
TERMS
(any
special terms agreed between the Operator and Charterer should be
recorded in this space before this Agreement is signed)

 

Charter
and Payment



    The
    Operator shall let on bareboat charter and the Charterer
    shall hire the Vessel for the Charter Period for the
    Charter Fee.


    The
    Advance Payment is paid by way of a deposit to secure
    the Vessel for the Charter Period and shall be paid
    to the Operator on the signing of this Agreement. On
    payment by the Charterer of the Advance Fee, the Operator
    agrees not to enter into any other agreement for the
    charter of the Vessel for the same period. The Balance
    Payment and the Security Deposit shall be paid to the
    Operator no later than the date stipulated herein.
    All monies payable hereunder are deemed due on the
    date hereof.




Security
Deposit



    The
    Operator may retain and apply the Security Deposit
    in reduction or extinction of any liability of the
    Charterer to the Operator.


    Such
    retention shall not prejudice the right of the Operator
    to recover any unsatisfied balance of such liability
    from the Charterer.


    Subject
    as aforesaid, the Security Deposit or any balance remaining
    shall be returned to theCharterer within 14 days after
    the Redelivery or, in the event of a dispute, upon the
    determination of such dispute.




Operator's
Obligations




    The
    Operator shall at the beginning of the Charter Period
    deliver the Vessel to the Charterer or his representative
    in good and seaworthy condition in compliance with
    the MCA's Code of Practice for the Safety of Small
    Commercial Motor or Sailing Vessels or its equivalent
    approved by the appropriate authority in the country
    of handover where handover takes place elsewhere than
    in the UK (if and as applicable) and with the minimum
    equipment requirements of the Marine Leisure Association
    (MLA). At a time convenient to the Charterer and for
    a reasonable duration, the Charterer may inspect the
    Vessel before the start of the Charter Period in the
    company of a representative of the Operator.






    The
    Operator will use all reasonable endeavours to deliver
    the Vessel to the Charterer in the aforesaid condition
    at the agreed time and place but in default, whether
    as a result of a breach of 3.1 or otherwise, its liability
    shall be limited to a pro rata return of the Charter
    Fee for each period of 12 hours for which delivery
    is delayed. If such delay exceeds 25% of the Charter
    Period, the Charterer shall be at liberty to treat
    the Charter as cancelled. The Operator shall thereupon
    return all sums paid together with reasonable compensation
    for travel and accommodation costs but shall have no
    further liability to the Charterer in respect of the
    curtailment or cancellation of the Charter including
    without prejudice to the generality of the foregoing
    liability in respect of consequential or economic loss
    or loss of use or enjoyment, save where delivery is
    delayed otherwise than by reason of force majeure in
    which case the Operator's maximum liability, in addition
    to the return of all sums paid, shall be limited to
    an amount equal to 50% of the Charter Fee.




Insurance
and Liabilities




    The
    Vessel and her equipment shall be insured on the terms
    of the Institute Yacht Clauses or on comparable terms for
    her full value with third party damage cover of no less
    than £200.000 subject to a policy deductible no greater
    than the Security Deposit.


    The
    Charterer shall indemnify the Operator in respect of
    any loss or damage to the Vessel or her equipment or
    any other expense or liability arising out of any act
    or omission of the Charterer, his servants or agents
    or any member of his party which is not for any reason
    covered by the Vessel's insurance.


    The
    Operator shall have no liability for death or personal
    injury suffered by the Charterer, his servants, agents
    or any member of his party unless caused by its negligence
    or wilful default.


    The
    Charterer shall neither take the Vessel outside the
    cruising limits nor do any other act which may vitiate
    the Vessel's insurance or prejudice the Operator’s
    right to claim thereunder.


    In
    the event of damage to or failure of the Vessel or
    any incident involving a third party, the Charterer
    shall at the earliest opportunity (and in any case
    within 12 hours) report such occurrence to the Operator
    or its local agent and shall comply with any reasonable
    instructions given.


    In
    the event of major damage to the Vessel during the
    Charter Period involving a claim on the Vessel's insurance
    or in the event of a breakdown of gear or machinery
    rendering the Vessel unseaworthy and/or unusable, a
    pro-rata credit will be made for the period during
    which the Vessel was unseaworthy or unusable provided
    that neither the Charterer nor any member of his party
    caused or contributed to the damage or breakdown and
    provided also that the Operator shall not be liable
    to the Charterer for any other compensation in respect
    of damage or breakdown whether in respect of consequential
    or financial loss or otherwise, save where damage or
    breakdown is caused by the negligence of the Operator
    and results in death or personal injury.




Charterer´s
Obligations




    The
    Charterer will restrict the navigation of the Vessel to
    the Cruising Limits and to those areas within the Cruising
    Limits in which the Vessel (i) is legally entitled to be
    navigated and (ii) can be safely navigated by the Crew
    in the prevailing conditions.


    If
    the Charterer fails to accept delivery of the Vessel
    within 24 hours of the start of the Charter Period
    and has not by then notified the Operator of his intention
    to accept delivery later during the Charter Period,
    the Operator may treat this Agreement as terminated
    without prejudice to its rights to
    recover any unpaid portion of the Charter Fee.


    The
    Charterer warrants that he and the Crew have the experience
    and competence described on the Operator's Booking
    Request Form and that they are capable of safely handling
    the Vessel.


    The
    Charterer shall pay all running expenses during the
    Charter Period and to the extent that on redelivery
    any consumables have not been restored to their handover
    levels, the Charterer shall be liable to the Operator
    for the cost thereof.


    The
    Charterer shall not sub-charter or part with control
    of the Vessel without the prior written consent of
    the Operator.


    The
    Charterer shall take care of and assume full responsibility
    for the safety and maintenance of the Vessel and its equipment
    at all times including when unattended. When the Charterer
    leaves the Vessel unattended, the Charterer shall remain
    fully responsible therefor and should take all reasonable
    precautions to secure the Vessel and the equipment and
    gear on board.


    The
    Charterer shall not allow the Vessel to dry out or be stranded
    and shall ensure that the Vessel is moored only at a secure
    and well maintained mooring point. The Charterer shall
    not anchor the Vessel in a place where anchoring is restricted
    or that is not suitable for anchoring such a vessel.


    The
    Charterer shall neither use the Vessel for any purpose
    other than private pleasure cruising for himself, his
    crew and guests, nor race the Vessel without the prior
    written consent of the Operator.


    The
    Charterer shall limit the number of persons in his party
    to not more than the number of berths on the Vessel, except
    by prior agreement with the Operator, such agreement to
    be contingent on the Charterer's party not exceeding the
    number of places on the Vessel licensed by the appropriate
    authority.


    The
    Charterer shall observe all applicable rules, regulations
    and laws whether of customs, harbour or other authorities
    or otherwise.


    The
    Charterer shall not allow any animals on board the
    Vessel without the prior written consent of the Operator.


    The
    Charterer shall redeliver the Vessel to the Operator
    at the Port of Redelivery or at such other place as
    may be agreed between the parties at the end of the
    Charter Period cleaned, in the same condition as on
    delivery (fair wear and tear excepted) and with her
    inventory complete. If the Charterer fails so to redeliver
    the Vessel, he shall be liable for twice the pro rata
    Charter Fee for every day or part thereof by which
    redelivery is delayed unless such delay is caused by
    the operation of an insured peril or circumstances
    beyond the Charterer's reasonable control.


    The
    Charterer's obligations under this Agreement shall continue
    until redelivery.




Notice
of withdrawal




    Where
    the Charterer is not a Consumer, should
    the Charterer give notice of cancellation of this Agreement
    on or at any time before the commencement of the Charter
    Period the Charterer shall remain liable for all payments
    due to the Operator prior to and unpaid at the date
    of cancellation. Should notice of cancellation be given
    by the Charterer or should the Charterer fail after
    having been given notice to pay any amount due under
    this Agreement, the Operator shall be entitled to treat
    this Agreement as having been repudiated by the Charterer
    and to retain the full amount of all payments.


    Where
    the Charterer is a Consumer:



    should
    the Charterer give written notice to the Operator
    more than ten weeks before the start of the Charter
    Period of its withdrawal from the Charter, no liability
    for any outstanding portion of the Charter Fee will
    remain (and if it and/or the Security Deposit have
    already been paid, it and/or they shall be refunded)
    but the Advance Payment shall be forfeit, save that
    half the Advance Payment will be refunded if the
    Operator re-charters the Vessel for the Charter Period
    for no less than the Charter Fee. The Operator shall
    use all reasonable endeavours to re-charter the Vessel
    in such circumstances.


    Should
    the Charterer give written notice to the Operator
    within ten weeks of the start of the Charter Period
    of its withdrawal from the Charter the Charterer
    shall remain liable for all payments due to the Operator
    prior to and unpaid at the date of the cancellation,
    save for in the circumstances envisaged in Clause
    6.3.


    If
    prior to the commencement of the Charter Period the
    Operator gives notice to the Charterer of cancellation,
    the Charterer shall be entitled to repayment without
    interest of all sums paid by him to the Operator and
    shall in addition be entitled to a sum equivalent to
    50% of the Advance Payment in liquidated damages.



    Notwithstanding
    the Operator's right to receive or retain all payments
    referred to in Clauses 6.1 and 6.2.2 above, the Operator
    shall be under a duty to mitigate his loss and in the
    event that the Operator is able to re-charter the Vessel
    for all or part of the Charter Period, the Operator will
    give credit for the net amount of charter hire arising
    from the re-charter after deduction of all commissions
    and other consequential expenses arising from such re-charter.
    The intention is that the Operator shall receive the
    same in net proceeds from any re-charter as would have
    been received under this Agreement. The Operator shall
    use all reasonable endeavours to re-charter the Vessel
    and shall not unreasonably withhold his agreement to
    re-charter, although charters which may reasonably be
    considered detrimental to the Vessel, its reputation,
    or its schedule may be refused.


    If
    prior to the date of cancellation the Vessel has taken
    on provisions for the Charter, then the Charterer shall
    reimburse these expenses unless all or part can either
    be refunded by the supplier or transferred to the next
    charter, in which case such expenses shall be adjusted
    accordingly. The Operator shall be under a duty to mitigate
    these expenses where possible.




General




    References
    herein to a "Consumer" means any Charterer
    who is a natural
    person and is acting for purposes which are outside
    his trade, business or profession.


    Prior
    to handover the Operator may require a seatrial of
    up to one hour’s duration and if the Operator
    is not reasonably satisfied as to the ability of the
    Charterer and his party to handle the Vessel safely
    it may terminate this Agreement as if the Charterer
    had given written notice of withdrawal at this time
    and the provisions of Clause 6.2.2 shall apply.


    The
    Operator shall have the right to restrict the Cruising
    Limits in the light of the experience of the Charterer
    and members of his party, and/or the actual or anticipated
    weather conditions.


    Save
    as otherwise provided in the terms of business of the
    Operator, and subject to the statutory rights of the
    Charterer if contracting as a Consumer, the provisions
    of this Agreement shall exhaustively and exclusively
    govern the rights and obligations of the parties.


    This
    Agreement is subject to English law. In the event of
    a dispute arising under this Agreement, the parties
    agree to use reasonable endeavours to resolve such
    a dispute by negotiation and, if such negotiation fails,
    to consider referring the dispute to alternative
    dispute resolution under the dispute resolution procedures
    adopted from time to time by the British Marine Federation.
    Save as aforesaid, i
    n the case of a Charterer
    contracting otherwise than as a Consumer, any dispute
    arising under this Agreement shall be submitted to
    the exclusive jurisdiction of the Courts of England
    and Wales; in the case of a Charterer contracting as
    a Consumer, any dispute shall be submitted to the non-exclusive
    jurisdiction of the Courts of England and Wales.


    If
    any provision of this Agreement is held by any court or
    other competent authority to be void or unenforceable in
    whole or part, this Agreement shall continue to be valid
    as to the other provisions thereof and the remainder of
    the affected provision.




THE
PARTIES ACKNOWLEDGE
that they have read and understood
the terms and conditions above and have caused
this Agreement to be duly executed the day and year first
above written.


 

Signature
of charterer

 

 

Acceptance
of Chartercompany