Starting & Ending Time
Terms of Payment
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1. The Owner agrees to let on bare-boat
charter and the Charterer agrees to charter the unattended above mentioned yacht (hereinafter
called "the Yacht") for the period as stated above and commencing
at o'clock
on the stated starting day and
ending at o'clock on the stated ending day for the sum as stated, of which are due and payable by the charterer to upon the signing of this Agreement
The balance of _ is due and payable in the following manner:
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Validity
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2. The 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.
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Delivery
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3. The Owner agrees:
To fit out the Yacht and to
hand her to the Charterer, without crew, afloat, 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 at_________________________________________
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Insurance
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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 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.
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Delayed Delivery
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c. To employ every reasonable effort to ensure
delivery of the Yacht on the date and at the place mentioned in Clauses 1 and
3(a) hereof, but if for any cause whatsoever the Yacht shall not be
available, the Charterer shall have the right of choice of one of following
possibilities:
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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.
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II. To leave the date of termination unchanged
as in Clause 1 hereof and to be refunded by the Owner with an amount
proportional to the time by which delivery was delayed at the rate
corresponding to the total charter fees in Clause 1 hereof.
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Excess Delay
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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 other compensation for any loss or damage resulting from the
curtailment or the cancellation of this Agreement.
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Redelivery (Return) of the
Yacht and Delays
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4. The Charterer agrees:
a. To redeliver the Yacht to the
Owner at_ cleaned-up, together with all her equipment, in the
same good condition as she was at take-over, at the time designated in Clause
1, but, 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
there-after until delivery has been effected. If he leaves the Yacht at any
place other than the place designated in this Clause, 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.
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Deposit and Guaranty
Restrictions in the use of
the Yacht
Composition of Charterer's
Party and Cruise Limits
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b. To leave on deposit and as
guaranty with the Owner on taking over the Yacht the amount of__ 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 as in Clause 3(b) hereof and for
any claim by the Owner in respect of the provisions of Clause 4(a) above. The
aforesaid deposit shall be refunded to the Charterer, subject to the provisions
above, after inspection of the Yacht, her gear and her inventory 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 ONE
(1) qualified skipper and ONE (1) experienced
crew members, but not more than
_ in all at sea, or to accommodate aboard any person
other than those shown on the crew/passenger manifest nor to take the Yacht
or permit her to be taken outside the area of the Greek seas nor to sublet
the Yacht without the written consent of the owner.
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Observance of Customs and
Diving Laws
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d. Not to allow any person on board to commit
any act contrary to the custom laws of Greece or of any country or contrary
to the laws pertaining to fishing or under water fishing nor to seek and/or
take possession of objects of archaeological nature or value and that in case
any such act is committed this Agreement shall thereupon terminate, 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.
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Agreement for Towing the
Yacht
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e. To take every possible preventive measure
and precaution to avoid to bring 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, in-spite 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.
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Restrictions in Leaving
Port
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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 unprepared 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.
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Restrictions in the Use of
Canvas Restrictions in Navigation
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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 studied the charts of the area and other printed aids on board
thoroughly, not to sail the Yacht at night without all navigation lights
functioning or without sufficient watch on deck.
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Yacht Log
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h. To keep the Yacht's Log Book 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.
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Itinerary
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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.
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Reports of Yacht's Position and State
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k. To report by telephone or cable to the
Owner at reasonable intervals (every 3 days) the position and state of the
Yacht and of her passengers, as well as in the event of any damage to the
Yacht.
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Information
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l. To study and acquire a working knowledge of
any printed matter pertaining to the proper handling of the Yacht and to the
conditions in the cruising area which may be made available to him by the
Owner.
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Charterer's Sailing
Qualifications
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5. This agreement is entered into on this
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
mis-interpretation in this respect being subsequently discovered, the Owner shall
be entitled to terminate this Agreement forthwith and to retain the Charter
fees.
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Test of Sailing Competence
of Charterer and his Crew
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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 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.
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Take-Over of the Yacht
& Time required for it
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7. The delivery of the Yacht to the Charterer
will be made at the commencement of the charter period as designated in
Clause 1. The time required to demonstrate the Yacht to the Charterer and to
familiarize him with her shall be part of the agreed charter time. The free
use of the Yacht will be granted to the Charterer after he has signed the
Take-Over form.
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Acceptance of the Yacht
Charterer's Responsibility during Charter Time
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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 Charterer shall be deemed to imply acceptance of the Yacht which
thereafter will be in the Charterer's full responsibility and the Charterer
shall have no right to claim for any loss of time or expense occasioned by
any accident or breakdown or failure of any part of the Yacht.
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Running Expenses
Repairs of Damages
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9. 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 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.
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Ascertainment of Damages
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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.
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Cancellation or Premature
Termination
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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.
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Total loss of Yacht
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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 money 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.
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Special Provisions
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13. The special provisions if any, set out in
the Schedule hereto are fully accepted and form part of this Agreement.
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Agents
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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.
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Arbitration of Disputes
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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.
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SPECIAL PROVISIONS OR TERMS
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Additional Conditions
(if any)
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