1. PAYMENTS : It is understood that the OWNER considers charter fees non-refundable. Should the CHARTERER cancel before the charter term begins, deposits will be refunded under the following conditions: Fees will be refunded pro rata, less a 20% service fee if the yacht is rebooked for the period. If rebooking is not possible, no refund will be made. If the OWNER cancels, the OWNER shall refund for all fees paid as of that date.
2. DEFAULTS IN PAYMENT : Should any scheduled payment of charter fees not be paid on the date designated, the CHARTERER will be advised and will have fourteen (14) days to pay balances due. If the default continues thereafter, the OWNER shall have the right to cancel this Agreement without prejudice.
3. DELIVERY : The OWNER agrees to deliver the yacht at the Port of Embarkation in full commission and in proper working order, having all licenses required for any jurisdiction within the area of charter, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and utensils, blankets, linens, and towels; in staunch, clean and good condition throughout and ready for service; and, further agrees to allow demurrage pro rata to the CHARTERER for any delay in delivery, unless caused by Force Majeure (see Paragraph 4 below). Should it be impossible for the OWNER to make delivery within twenty-four (24) hours after the start of the charter period (for any reason other than Force Majeure), the CHARTERER may cancel or reschedule this Agreement.
4. FORCE MAJEURE : Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, weather or other occurrences beyond the reasonable control of the OWNER, and not caused by the OWNERS negligence. No warranty is made as to the suitability of weather with respect to this charter.
6. AUTHORITY : The OWNER warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered. While it is agreed the CHARTERER may determine the general movements and destination of the yacht within the boundaries of this Agreement, it is understood that the Captain is in full command, and that the CHARTERER agrees to abide by the Captain’s judgment as to clearance, sailing, weather conditions, anchorages and other pertinent matters.
7. BROKERAGE : The Owner and Charterer recognize Chad Blake- Promenade Cruises Ltd. as the sole broker in connection with this agreement. The owner agrees to pay said Broker Customary and usual Brokerage fees in connection with said charter and for any extensions and subsequent charters of the yacht by the charterer arranged by Broker for a period of 2 years from the end of the initial charter. The parties, understand and agree that the function of the Broker is solely that of arranging the charter and that the Broker is not responsible for the Charterer’s, Owner’s or Crew’s action at any time, nor will the Broker be liable for the satisfaction of the Charterer or any action or events outside Broker’s direct control.
8. LIENS : The CHARTERER, the CHARTERER’S agents, and/or employees, have no right or power to permit or suffer the creation of any Maritime Liens against the yacht. The CHARTERER agrees to indemnify the OWNER for any charges or losses incurred as a result of a breach of this paragraph, including reasonable attorney’s fees.
9. RESTRICTED USE : The CHARTERER agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the CHARTERER, the CHARTERER’S family, guests and servants, during the term of this charter, and shall not transport merchandise, or carry passengers for pay, or engage in any trade, nor in any way violate the Laws of any Government within the jurisdiction of which the yacht may be at any time, and shall comply with the law in all other respects.
10. 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 covered by such insurance. Failure by the OWNER to provide such insurance will burden him with the same responsibility as if the yacht were so insured. The CHARTERER may purchase additional Charter liability insurance at CHARTERER’S 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 the CHARTERER’S 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 the OWNER’S insurance underwriters accept no responsibility or liability for accidents, injuries or death related to swimming or the use of the yacht’s sports equipment, including but not limited to, the dinghy, snorkels, masks or allied equipment, water skiing, windsurfing, personal watercraft, spinnaker flying or halyard flying, whether or not supplied by the OWNER or CHARTERER.
11. NAVIGATION LIMITS : The CHARTERER agrees to restrict the cruising of the yacht to the area specified on the first page of this agreement, cruising area.
12. ACCIDENTS : The OWNER agrees that should the yacht, after delivery, 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 extensive that 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.
13. DRUGS AND OTHER ILLEGAL ACTIVITIES : The use, transportation, or possession of illegal drugs or narcotics (INCLUDING MARIJUANA) 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.
14. REDELIVERY : The CHARTERER agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for/by the CHARTERER, at the expiration of the charter. The CHARTERER also agrees to be responsible for and to replace or make good any injury to the yacht, her equipment and furnishings caused by the CHARTERER or by any of the CHARTERER’S party, less ordinary wear and tear, except to the extent such claims are covered by insurance as provided above.
15. DISPUTE RESOLUTIONS : Should the OWNER and CHARTERER be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided in Paragraph 15.
16. VENUE : The venue of any action arising from this Agreement shall lie exclusively in the Courts of the British Virgin Islands.
17. EXECUTION OF AGREEMENT : The OWNER and CHARTERER, whose signatures need not be affixed to the same copy of the YACHT CHARTER PARTY AGREEMENT, may transmit the Agreement by facsimile or other electronic means. The separately signed Agreement, and/or copies thereof, shall constitute a binding Agreement between the OWNER and the CHARTERER.
18. TRIP CANCELLATION INSURANCE : The CHARTERER acknowledges that trip cancellation insurance is available through Chad- Promenade Cruises Ltd., that he/she has the choice of either accepting or declining such coverage. If CHARTERER accepts cancellation insurance, it is the CHARTERER’S responsibility to understand the coverage offered from the insurance company.
I have read and understood the terms of this Agreement, plus all additional conditions and/or addenda listed above, before signing. Therefore, to the true and faithful performance of the foregoing YACHT CHARTER PARTY AGREEMENT, said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.
IN WITNESS WHEREOF, the parties have hereunto set their hands on this date, August 11th, 2015
