CONTRACT FORMALITIES |
||
 |
 |
|
The price that you will pay for the charter is officially recorded
on your contract, which is approved by the Hellenic Ministry of Merchant
Marine.
The charterer of a Voguesails yacht only has to pay for fuel, water and gas.
If wish to order of any additional services, you will formerly be informed
of their price, which will also be stated in the contact. No extra charges
will arise during your charter.
Please view the terms and conditions for further information as stated below
| MEMORANDUM OF AGREEMENT FOR SELF - SAIL CHARTER |
|
MEMORANDUM OF AGREEMENT made this ..........day of 200... By And Between ................... of .................... (hereinafter referred to as the "Owner") AND of .................... (hereinafter referred to as "the Charterer") |
|
| Term, hire and payments |
WHEREBY IT IS AGREED as follows: 1. THE Owner agrees to let on bare-boat charter and the Charterer agrees to charter the unattended yacht .......................(hereinafter called "the Yacht") for the period commencing at ............................o'clock or thereabout on the ..........day of .....................200..... and ending at ............o'clock on the ..........................day of ....................200.... for the sum of . ...............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: |
| Validity | 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. |
| Delivery | 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 at .......... |
| Insurance | 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
Insurance 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. |
| Delayed Delivery | c. To employ every reasonable effort to ensure delivery of the Yacht
on the date and at the place Delivery 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: 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 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. |
| Excess Delay | III. If the delay of delivery exceeds one fourth (1/4) of the total
charter time, to cancel this Excess Delay Agreement and be refunded by
the Owner with the total amount paid for this charter. In ay 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. |
| Redelivery (Return) of the Yacht and Delays |
4. The Charterer agrees: a. To redeliver the Yacht to the Owner at .......... of the cleaned-up, together with all her equipment, in the same good condition as she was at take-over, at Yacht and the time designated in Clause 1, but unless the yacht has become a total loss, if he shall for any Delays 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 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. |
| Deposit and Guaranty | b. To leave on deposit and as guarantee 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 o the provisions above, in the use of after inspection
of the Yacht, her gear and her inventory by the Owner. |
| Restrictions in the use of Yacht Composition of Charterer's Party and Cruise limits |
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 ..........qualified skipper and ..........experienced crew members,
but not more than ..........in all at sea, or to accommodate aboard any
person other than those Composition of shown on the crew/passenger manifest
nor to take the Yacht or permit her to be taken outside the Charterer's
area of the Greek seas nor to sublet the Yacht without the written consent
of the owner. |
| Observance of Customs and Diving Laws | d. Not to allow any person on board to commit any act contrary to the
customs laws of Greece or of Observance of any country or contrary to
the laws pertaining to fishing or underwater fishing nor to seek and/or
Customs and take possession of objects of archaeological nature or value
and that in case any such act is Diving Laws 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. |
| Agreement for Towing the Yacht |
e. To take every possible preventive measure and precaution to avoid
to bring the Yacht in any Towing the condition in which the Yacht will
need to be towed to any point by another vessel, but should such Yacht
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. |
| Restrictions in Leaving Port |
f. Not to leave a port or anchorage if the wind force is or is predicted
to be over six (6) of 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. |
| Restrictions in the Use of Canvas Restrinction in Navigation |
g. When necessary , to promptly reduce canvas and not to allow the
yacht to be found sailing Use of Canvas 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 this 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
Navigation functioning or without sufficient watch on deck. |
| Yacht Log | 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. |
| Itinerary | 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. |
| Reports of Yachts position and state Information |
k. To report by telephone or cable to the Owner at reasonable intervals
the position and state of the Yacht's Position yacht and of her passengers,
as well as in the event of any damage to the Yacht. 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. |
| Charterer's Sailing Qualifications Test of Sailing Completence of Charterer and his Crew |
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 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. |
| 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
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. |
| Running Expenses Repairs of Damages |
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) |
|
| IN WITNESS whereof this Agreement has been signed by the Owner and
the Charterer respectively. SIGNED by the OWNER / SIGNED by the CHARTERER / SIGNED by the AGENTS -------------------------------------------------------------------- |
VOGUESAILS YACHT CHARTER IN GREECE