CHARTERING CONDITIONS - <>
|<> / <>|
|arrival at destination port at|
|<>from about 12:00 a.m.|
|<> as agreeed at boarding plus 1 night on board|
|Charterer: <> <>,|
| <> |
The following conditions of the chartercompany are the valid terms for this charter:
Article 1 necessarily mentions
company and charterer’s names and addresses, type of
yacht, renting period with date and hour of boarding, maximum number of persons
allowed on board, charter-rate, extra fees, options included as dinghy with outboard
motor, linen, yacht insurance value, amount of security deposit, deductible and
Article 2 : Yacht insurance
A-Yachts are covered by a full comprehensive insurance and a third party liability with a
deductible. This marine insurance policy covers all damage charterers may cause the yacht,
its accessories and dependencies. It covers theft of parts of the boat or of the entire boat -
except theft of dinghy and its outboard motor - and highjacking. The charterer provides
his own insurance for the amount of the deductible. In case of theft or loss of dinghy and/or
its outboard motor, the charterer is to refund the totality of the costs of replacement by new
B- Payment of the insurance premium is included in the charter fee.
C- The insurance policy does not cover any accidents suffered by the crew or passengers,
except if the accident is caused by defective or faulty equipment.
D- The company disclaims all responsibility in loss or damage of the crew’s or
passengers’ personal belongings. Individual insurance policy can be contracted by the
charterer on his own expense in order to cover the risks mentioned in paragraphs C and D.
Article 3 : Cancellation by the company
Should the booked boat not be available due to damage occurred during the previous hiring
period or due to unforeseen circumstances, the company reserves the right either to offer a
different type of yacht of similar size or larger, including at least the same number of berths,
or to make a full refund of the charter fee, without any further payment of damages.
The amount of the repayment is calculated proportionally to the lost sailing days, with no
further refunding of additional costs.
Should the yacht be delivered in an other port of embarkation than the one in which it is
regularly based, as in the case of a one-way ordered by the charterer, and should a delay in
supplying the boat due to bad weather or other unforeseen circumstances occur, the
company can offer to extend the charter period in proportion with the lost days and hours, or
to refund the wasted period without any further payment of damages. Should the charterer
be compelled to embark in another port than the one previously determined, all transport
costs should be paid by the company. In such case the charterer may be led to advance
money for the transport costs, which will be reimbursed by Star Voyage Paris according to
Article 4 : Cancellation by the charterer
The charter period can be changed only in accordance with the company.
B- Payments are kept back by the company as followos:
10% of the charterfee if cancellation until 3 months before departure
50% of the charterfee if cancellation until 1 month before departure
100% of the charterfee if cancellation less than 1 month before departure
C- The charter fee is kept back by the company, whether the charterer makes use of the
boat during the hiring period or not, whatever may be the reason for the vacancy.
D- The charterer may contract a travel and cancellation insurance in order to cover
E- Should the hired yacht not be sea-worthy due to missing safety equipment or licences,
the company is bound to offer an alternative yacht within 48 hours. In the contrary case, the
charterer is entitled to cancel the contract, and the company will be compelled to reimburse
the full amount of the charter fee without any further payment of damages. During this period
of 48 hours the company is to offer the charterer a different yacht in order to lodge him. The
charterer cannot claim any other additional costs.
Article 5 : Use of the boat - liabilities
A- The charterer commits himself to sail the boat with all due care and attention and in
accordance with the directions of the Maritime office, the Customs and the Police in France
and in the other countries visited. The charterer is bound to respect Caribbean sailing area
strict custom rules, including his clearances (registering and fees) every time he reaches or
leaves a new island state. Should the charterer trespass immigration proceedings and
should he be prosecuted, he will incur full liability, including after the hiring period.
B- The charterer has to be at least 22 years old.
C- The charterer confirms having the nautical experience appropriate to his sailing plan
and being full conversant with the operation of the booked yacht.
D- The company reserves the right not to hand over the yacht if the company estimates
the charterer not in possession of the necessary competencies to operate it, in spite of all
sailing licences. In such case, the charterer is compelled to accept either the hiring of a
professional skipper on his own expenses, or the cancellation of the charter contract without
any reimbursement. Should the charterer refuse either possibility, he may be forbidden to
leave the port of embarkation, and still be charged the harbour fees. Neither charterer nor
company can claim further damages.
E- If the company supplies a professional skipper, he will be responsible for the good
sailing of the yacht. The charterer is still fully liable for his personal and his crews
intervening, especially in manoeuvring. The security deposit is still payable.
F- The charterer accepts no more than the authorised number of passengers on board.
He sails the boat for yachting only, excluding all commercial purposes, professional
fishing, transport of persons and merchandises, regattas and races (exept authorised by
<> ). It is strictly forbidden to lend the yacht to a third person or to sublet
it. The charterer entirely releases the company from all liability as ship-owner or other if
these instructions are not respected. Non-respect of these regulations will be assumed by
the charterer before the Maritime and Customs authorities. The charterer is alsoresponsible for legal proceedings, prosecutions, fines and confiscation he would incur,
voluntarily or not. In the event of seizure of the yacht, the charterer is required to pay to
the company a compulsory contractual compensation equivalent to the charter fee for the
whole time of unavailability of the boat. Should the yacht be confiscated, the charterer
must reimburse the company for the amount of insurance value within 8 days.
G- In case of damage on board during the charter time resulting from normal wear and
tear of the equipment, the charterer is authorised to decide the repairing or replacement
of the faulty equipment. Provided this damage is not due to fault or carelessness of the
charterer or his crew, and as long as the cost does not exceed 10% of the security
deposit paid at embarkation. This outlay will be reimbursed at disembarkation or by the
head office in Paris according to invoices. For all repairs exceeding the 10% of the
security deposit the charterer has to consult the company.
H- In the event of heavy damage (loss of mast, leaks, fire,...) the charterer is to contact
the company at once for instructions. He also has to write down a ship’s protest, and
may have it approved by a sea commissioner (drawn up by an average adjuster). These
reports are essential for the insurance company in order to refund the damage. Should
the charterer fail to complete these formalities, he may be compelled to pay the totality of
the costs arising from this damage.
I- The impossibility of sailing due to damage gives rise to no reimbursement, even
partial, of the paid charter fee, unless the charterer has no responsibity in the damage. In
such case, 48 hours repairing delay must be accepted by the charterer.
J- The entering in or leaving harbours and marinas or anchoring during the night is
K- During hurricane periods the charterer has to respect the usual directions : daily
listening by VHF to local weather forecast is compulsory. In case a depression or
hurricane is announced, the charterer has to sail immediately to the nearest harbour,
marina, or hurricane shelter (indicated in the nautical guide). If these directions are not
respected the charterer will be fully responsible for all incidents and damages.
Article 6 : Embarkation
A- The embarkation is only possible after having paid the totality of the charter fee,
handled out the security deposit, signed the inventory list and acknowledge the good
condition of the yacht. The company must provide a sea-worthy yacht, equipped and
insured for the appointed navigation class, in accordance with the laws and regulations
of the relevant authorities.
B- The description, equipment and fittings of the boat are listed on the inventory, which
is to be handled out to the charterer with the nautical guides, the certificate of registry
and the safety certificate. The charterer has 24 hours to check the good sailing condition
of the yacht and of its equipment. The charterer’s signature of the inventory list confirms
the acceptance of a good and clean boat, except hidden defects. The company supplies
a free anchoring berth for the day of departure.
Article 7 : Disembarkation and surety deposit
A- The charterer is requested to return to the port of embarkation at the previously
determined date and hour, unless agreed by the company, and confirmed in written
arrangements. The charterer is to immediately announce his return, in order to fix with
the company the time for the disembarkation inventory, for which the yacht is to be
emptied of luggage and passengers. The time spent for cleaning and inventory is part of
the official charter period.
B- Each day of delay will entitle the company to compensation equivalent to twice the
daily rate of the charter fee, whatever the reasons of the delay may be. Bad weather
conditions cannot be a valid reason for delay. The charterer has to foresee and calculate
in order to come back in due time.
C- Should the charterer be unable to sail back the yacht to the port of embarkation, he
is to inform at once the company, which will organise the convoying of the boat. All costs
of this convoying will be charged to the charterer, since such an incident would not be
covered by the insurance policy.
D- The charterer is to return the yacht in clean and tidy state and without damage or
loss of equipment. If such is the case, the security deposit will be returned to the
charterer; the delay for return of deposit will be within one month at latest.
E- In case the boat is returned unclean or untidy, cleaning costs have to be paid.
F- If damage of the yacht or its equipment is recorded, or if accessories are missing,
the charterer is to pay for the repairing or the replacement. The amount will be deducted
from the security deposit.
G- If damage or loss are covered by the insurance (Article 2) the security deposit of the
charterer will be held until the insurance policy has refunded the company. The company
will thereafter return the charterer the security deposit less the deductible, less
administration costs (telephone calls, telegrams, reports, surveillance, ...)
Article 8 : Consumables
The yacht is supplied with a full tank of diesel fuel, water, a full spare cylinder of gas and
motor spirit for the outboard motor. During the charter period, these consumables will be
charged to the charterer. He is to return the boat with a full tank of diesel fuel.
Article 9 : Litigation
All litigation will be handled by the jurisdiction of the tribunal (law court) of commerce of
the registered office district of the company.