Agreement for Charter of
Yacht Andiamo of
Hamble
(Based
on the Yacht Charter Association Charter Agreement)
This agreement is made between:
1. Dr G W Whalley
(Signed by the Owner) of: 32 Woodlands Avenue, Emsworth PO10 7QE
and:
2. ................................................. Name.................................
(signed by the Charterer) of: .........................................................................................................................
........................................
3..................................................... Name ................................
(signed by the Skipper)
.of: .....................................................................................................................................................................
........................................
...................................................
Qualifications ................................. ................................................................................................................
...........................................................................................................................................................................
........................................................ .................................................................................................................
This agreement constitutes the contract between the owner and the charterer
covering this charter.
Charter Particulars:
Yacht Name : Andiamo of Hamble . Class : Beneteau First 38
Booking Reference No. ..........................................
Port of Delivery ..................................... Port of Return
................................
Cruising limits : Max distance from safe haven:
Chichester to Pool 15 nautical miles
Brest to the Elbe / Dover to Scilly Isles 60 nautical miles
Charter period from ........................................... to .........................................
Special Terms: Racing agreed / not agreed
Formal Racing Training agreed / not agreed
Formal Sail Training agreed / not agreed
Bareboat Charter agreed / not agreed
___________________________________________________________________
Conditions of Business
1. Bookings
1.1 Bookings must be made on the form provided and accompanied by the
appropriate deposit. Telephone reservations will be held for five working
days until the booking form and deposit are received. The owner is not
bound to accept any booking and there will be no contract until the
deposit is received and cleared. The signed booking form, together with
these conditions of business, constitute the contract.
1.2 All payments are non-returnable except in the event of cancellation
of the charter by the owner or the yacht being unavailable and there
is no suitable replacement. In either of these events all monies will
be returned to the charterer. No further liability of any sort shall
be attached to the owner. In the event that the charterer cancels and
the owner is able to re-charter the yacht for the same period all monies
will be returned less an administration fee of 20% (minimum £40).
2. Cruising Limits
The yacht is insured for the Channel area extending from Brest to the
Elbe. The RYA / DOT stability category is 2, which allows operation
up to 60 nautical miles from a "safe haven".
3. Racing
The charterer shall not use the vessel for racing unless agreed in writing
with the proprietor prior to charter. The charterer will be required
to pay an additional racing insurance premium and will remain personally
liable for 2/3 the cost of repairing any damage to spars or sails while
the yacht is racing.
4. Insurance and Liabilities
4.1 The owner shall insure the yacht and her equipment against fire,
marine and collision risks with third party damage cover of not less
than £500,000 subject to a policy deductible of no greater than
the security deposit and excluding any damage to sails unless caused
by the above risks.
4.2 Notwithstanding the provisions of clause 4.1, the charterer shall
indemnify the owner in respect of any loss or damage to the yacht or
her equipment or any other equipment or liability arising out of act
or omission of the charterer, his servants or agents or any member of
his party or any other person invited onto the yacht, which is not for
any reason covered by the owner's insurance.
4.3 A security deposit shall be paid prior to the charter, such that
it is cleared into the owner's bank account prior to the commencement
of the charter. In the event of a late booking preventing time for a
cheque to clear, the security deposit shall be paid in cash before the
charter commences. The owner may retain and apply the security deposit
in reduction or extinction of the following:
(a) any liability of the charterer to the owner, howsoever the same
shall arise.
(b) The cost of repairing any loss or damage to the yacht her equipment
or furnishings which occurs during the charter and which is for any
reason not recoverable under the yacht's insurance, however the same
shall occur.
(c) The cost of repairing is to cover both loss or damage notified to
the owner or that which becomes apparent after the charter but is attributable
to the charter.
(d) Any liability arising from damage caused to third party property.
(e) The cost of returning fuel, gas etc. to their levels prior to the
charter.
4.4 The owner shall have no liability for death or personal injury,
loss or damage to personal property, however caused, suffered by the
charterer, his servants, agents or any member of his party or any other
person invited onto the yacht, nor for any consequential losses resulting
from such incidences.
4.5 The charterer shall not take the yacht outside the cruising limits
nor commit any act which may vitiate the owner's insurance or prejudice
his right to claim thereunder.
4.6 The charterer will not admit liability to any person for damage
caused to the yacht or third party property. He should give the owner's
name address and telephone number and provide an immediate verbal report
followed as soon as possible by a written report directly to the owner.
If the charterer believes the damage to be the liability of a third
party, he should use best endeavours to secure witnesses to the event
and pass their names, addresses and telephone numbers to the owner.
5. Owners Obligations
5.1 The owner will deliver the yacht to the charterer or his appointed
representative in good and seaworthy condition complying with:
(a) The provisions made by the Department of Transport in the publication
"Safety of Small Commercial Vessels Code of Practice (HMSO 1993),
to the extent that said code is applicable to the yacht.
(b) Standards and equipment meeting at least the minimum standards of
the Yacht Charter Association.
For the avoidance of any doubt, the owner and managing agent do not warrant
the fitness of the yacht to undertake passages safely within the cruising
limits in all weather conditions. The safety of the yacht and its equipment
remain the responsibility of the charterer, through his nominated skipper.
5.2 In the event of any loss of time resulting from the owner's failure
to comply with the provisions of clause 5.1, the charterer's damages shall
be limited to the charter fee and neither the owner nor his managing agent
shall have any liability for consequential loss of whatsoever nature.
5.3 The owner or his managing agent will use his best endeavours to deliver
the yacht to the charterer at the agreed time and place. If for any reason
the yacht or an equivalent alternative shall not be so delivered, a pro-rata
refund will be made for each complete 12 hour delay. If such delay exceeds
25% of the charter period, the charterer will be at liberty to treat the
charter as determined and the owner will thereupon return all sums paid.
In this event neither the owner nor his managing agent shall be liable
to pay the charterer any other compensation for loss or damage of whatsoever
nature resulting from the delay, curtailment or cancellation of the charter.
6. Chaterers Obligations
6.1 The charterer warrants that he/she and his/her crew have the experience
and competence as formally stated in the booking form and that they are
capable of the safe handling of the yacht. He shall appoint a suitably
experienced person to be skipper of the yacht, prior to the charter.
6.2 The charterer shall pay for all running expenses during the charter
period and to the extent that upon return any consumables that have not
been returned to their level upon handover, the charterer shall be liable
to the owner for the cost thereof.
6.3 In the event of damage to or failure of the yacht or any incident
involving a third party , the charterer shall at the earliest opportunity
report such occurrence to the owner or his managing agent and shall comply
with any instructions given by him. A list of damage and defects, rectified
or not shall be provided by the charterer to the owner upon return of
the yacht.
6.4 The charterer shall not lend, sub-charter the yacht. Nor shall the
appointed skipper part with control of the yacht, without written consent
of the owner or his appointed representative. Nor will the charterer operate
the yacht in a manner contrary National or international rules applicable
to the waters in which the yacht is being navigated.
6.5 The charterer, whilst cruising more than three miles offshore, will
limit the number of persons to not more than the number stated in the
RYA/SCV certificate ( maximum of 10 persons for Andiamo).
6.6 The skipper shall take care of and assume full responsibility for
the safety and maintenance of the yacht and its equipment at all times,
including periods when the yacht is left unattended. When unattended the
skipper is to ensure that the companionway hatch and all lockers are securely
locked and that loose valuable items (eg the outboard motor) are properly
locked or stowed in locked compartments to discourage theft.
6.7 The charterer shall observe all regulations of customs harbour or
other authorities and will not allow the yacht to be used for unlawful
purposes.
6.8 The charterer shall not allow any animals on board, without the written
consent of the owner.
6.9 The skipper shall ensure that the yacht remains afloat at all times,
including periods when berthed. Any inadvertent grounding of the yacht
must be reported to the owner.
6.10 At the end of the charter period the charterer shall return the yacht
to the owner or managing agent, free of any indebtedness, cleaned internally
and externally in the condition as upon delivery and with her inventory
complete.
6.11 If the charterer should fail to return the yacht at the time and
place agreed, he shall be liable for an additional charge equal to twice
the pro-rata daily fee, for every day or part thereof by which the return
is delayed, plus any costs incurred by the owner in returning the yacht
to the original place agreed. If by prior agreement, or the delay is caused
by the operation of a peril covered by the terms hereof or by such damage
or failure of the yacht as reported to the owner under clauses 6.3 or
6.9 hereof, these additional charges shall be waived at the discretion
of the owner.
7. GENERAL
7.1 The owner or his managing agent shall have the right to accompany
the Charterer and/or his skipper for trials prior to delivery. In the
event that they are not satisfied as to the ability of the Charter/skipper
to handle the yacht safely, they shall be at liberty to terminate this
agreement.
7.2 The owner/managing agent shall have the right to restrict the cruising
limits of the charterer in the light of the experience of the charterer
and/or the anticipated weather conditions.
7.3 The charterer shall only salvage or tow another vessel if the saving
of life is involved and/or to secure the safety of the other vessel, but
without placing the chartered yacht in peril. Any proceeds of salvage
shall belong to the owner. The owner shall only accept a tow, or otherwise
risk a salvage claim, if the safety of life and/or the yacht are at stake.
7.4 This agreement is subject to English Law. Any differences or disputes
arising out of this charter shall be referred to a soul arbitrator to
be appointed by the president for the time being of the London maritime
Arbitrators Associations. The provision of the Arbitration acts 1950 and
1972 and any statutory modifications thereof shall apply to any arbitration.
7.5 No action taken by the owner or managing agent, or any failure to
act at any time or failure of the owner/managing Agent to insist or enforce
their legal rights shall constitute a waiver of any of the provisions
of this agreement, which shall remain in full force and effect.
8. DEFINITIONS
7.1 The Owner is the legal owner of the yacht.
7.2 The Managing Agent is any nominated representative of the Owner.
7.3 The Charterer is the person arranging the charter and responsible
for payment of all associated fees.
7.4 Charter Contract comprises this signed charter agreement and booking
form.
7.5 The Skipper is the person so nominated, who is suitably qualified
to take full responsibility for the safe conduct of the yacht and its
crew.
7.6 A Peril for the purposes of this agreement shall be any situation
where undertaking a passage would put the safety of the Yacht and/or its
crew into excessive danger. In any case of doubt the Charterer should
confirm the perilous nature of the situation with the owner or managing
agent.
7.7 The Security Deposit is a refundable sum paid by the Charterer to
the owner/ or managing agent and held to cover losses, damages that may
occur during the charter.
Authorised by Owner:
Sign
. Date:
Geoffrey W Whalley
Agreed by Charterer
Sign
... For Charter dated:
Name (in Capitals)
..
Date
.
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