TERMS AND CONDITIONS
LEGAL CONTRACT AS PER MYBA
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The present Yacht Charter Agreement is between:
Company YYYYYY, S.L. hereinafter referred to as OWNER
XXXXXXXX, hereinafter referred to as CHARTERER.
Included: the charter fee includes the services of the Crew and all expenses related to running of the vessel and use of on-board sports equipment.
Excluded: Charter fee does not include, fuel, premium beverages and fine wines, off yacht excursions, all meals and drinks, dockage when requested by charterer as listed above, airport transfers and crew gratuities (customary 10%-15%), or similar expense incurred by the CHARTERER.
A.P.A. (Advance Provisioning Allowance): The CHARTERER shall pay in addition to the Charter Fee and at cost all fuel costs for the Vessel; food and beverages for the CHARTERER’s party, marina fees out of base port and all communications costs for the CHARTERER’s party.
A.P.A will include:
- Fuel estimated
- Mooring day 1/Mooring day 2/Mooring day 3/Mooring day 4/ etc....
- Drinks provision (400€ per day)
Estimated A.P.A. will be paid 30 days before boarding.
A.P.A. will be adjusted on actual invoices at the end of the Charter period.
PAYMENTS and CANCELLATION: Should the CHARTERER cancel at least one month before the charter term begins, deposits will be refunded under the following conditions: refunds, (minus a service charge of 8% of the total charter fee), will be pro-rated if the yacht is rebooked for the same period or portion thereof. If the OWNER cancels, the OWNER shall reimburse the CHARTERER for all fees paid as of that date. It is further understood that if any payment due under this agreement is not paid within 7 days of its due date, the OWNER shall have the right to consider this agreement as canceled by the CHARTERER. Cancellation by the CHARTERER less than one month before the charter will mean loss of the 100% paid.
Should the yacht during the period of this charter be lost, stranded or disabled by an accident, breakdown or unforeseen circumstances not brought about by an act or fault of the CHARTERERS, this agreement shall cease from the time thereof and neither party should then be liable for loss, damage, expense or inconvenience resulting there from.
ACCIDENTS: The OWNER agrees that should the yacht, during the charter period, sustain breakdown of machinery, or be disabled, or damaged by fire, grounding, collision or other cause so as to prevent its use by the CHARTERER for a period of twenty-four (24) consecutive hours or more, or should the yacht be lost or said damage(s) be so extensivethat the yacht cannot be, or is not repaired within twenty-four (24) hours, none of the above being brought about by any act or default of the CHARTERER, the CHARTERER shall have the right to terminate the charter. The OWNER shall make a pro rata return of all charter fees to the CHARTERER from the time of such loss or damage.
The CHARTERER also agrees to be responsible for and to replace or make good any damage to the yacht, her equipment and furnishings caused by himself or by any of his party, less ordinary wear and tear, Should the CHARTERER hinder the yacht’s redelivery to the place and time stipulated, for whatever cause, he shall pay the OWNER demurrage pro rata for additional charter time, plus any other losses the OWNER sustains related to the delayed redelivery. If the delay in redelivery is due to Force Majeure, the CHARTERER is not held responsible for any additional charter fees.
WEATHER: No warranty is made as to the suitability of weather with respect to this charter. Bad weather is defined as waves more of 1 meters and/or winds greater than 40km/h. In that case Captain can take decision to delay or not to sail at see for safety and well being of CHARTERER and his guests.
FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, very bad weather or other occurrences beyond the reasonable control of the OWNER, and not caused by the OWNERS negligence. If a Named Storm threatens or is forecast to threaten the expected location of the charter yacht, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or canceling the charter any time that he/she deems necessary. Refund is provided for the unused portion of the charter minus 15% to cover basic administration expenses.
AUTHORITY: The OWNER warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered. it is understood that the Captain is in full command, and that the CHARTERER agrees to abide by his judgment as to clearance, sailing, weather conditions, anchorages and other pertinent matters.
MOORINGS: the mooring cannot be guarantied unless paid in advance and confirmed in written by the destination Port Authorities. Un case of strike, bad weather or any other case that make the mooring unavailable or reachable at the last minute, the Captain will find best option nearest port available. A.P.A. will be then adjusted according to actual invoicing from the Port.
NON-ASSIGNMENT: The CHARTERER agrees not to assign this Agreement or sub-charter the yacht without the OWNER’S consent in writing.
INSURANCE: The OWNER agrees to keep the yacht fully insured against fire, marine and collision risks and with protection and indemnity coverage for the full term of the charter period. The CHARTERER shall not be liable for any such loss or damage. The CHARTERER may purchase additional Charter liability insurance at his /her expense. The OWNER shall not be held responsible for loss or damage to personal property or for any injury suffered by the CHARTERER, or any member of his party, during the term of this charter, regardless of whether any such loss or injury occurs on board the yacht or elsewhere, unless such loss, damage or injury is the direct and proximate result of OWNERS sole negligence. More specifically, but without limiting the foregoing, the OWNER and his insurance underwriters accept no responsibility or liability for accidents, injuries or death related to the yacht’s dinghy, swimming and/or the use of snorkels, masks or allied equipment (such as scuba equipment), water skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying, or other sports equipment, whether or not supplied by the OWNER or CHARTERER.
DRUGS AND OTHER ILLEGAL ACTIVITIES: The use, transportation, or possession of illegal drugs or narcotics or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination of this Agreement without refund of any payments made by CHARTERER. CHARTERER will be held responsible for any loss or damage to the yacht due to any such violations and will be put ashore at the next port of call.
VENUE: The venue of any action arising from this Agreement shall lie exclusively in the place mutually agreed upon, and both parties shall submit to the jurisdiction of such court, in this case Barcelona, Spain.
EXECUTION OF AGREEMENT: The OWNER and CHARTERER, whose signatures are affixed to the YACHT CHARTER PARTY AGREEMENT, may transmit the Agreement by facsimile or other electronic means,constitute a binding Agreement between the OWNER and the CHARTERER.
By payment of deposit, the CHARTERER agrees to those terms and conditions.