CHARTER AGREEMENT between VAVEA LTD, YACHT SERVICE MANAGER, (hereinafter referred to as Yacht Service Manager)
AND The CHARTERER (hereinafter referred to as the Charterer) for charter of vessel described below.
VESSEL : CATAMARAN « VAVE’A », 57ft Lagoon Catamaran
CONTRACTUAL DOCUMENT DEFINING THE AGREEMENT
- VAVEA , Quote/Invoice
- VAVEA , Charter General conditions (this document).
TERMS AND CONDITIONS :
The charter fee includes the services of a Captain and Crew, meals, fuel and all expenses related to running of the vessel and use of on-board sports equipment.
Charter fee does not include alchool and wines, off yacht excursions, telephone and sat email, local and international flights, island and marine park entry fees, crew gratuities, or similar expense incurred by the CHARTERER, unless otherwhise noted in the quote.
Charter fee does not include bar beverages, such as, but not limited to, spirits, liqueurs, cordials, brandies, cognacs, wines both still and sparkling, beers, ales, ciders, and expresso. Smoking is not allowed inside the boat.
- PAYMENTS: It is understood that charter fees will be transferred in the following manner : 50% of the charter fees + delivery fees if applicable and additional fees upon accepting the quote, the 50% balance will be paid 60 days before the start day of the charter. The cashbox will be also due 60 days prior to arrival. If the Charterer cancel the charter no refund will be made. If the Yacht Service Manager cancels, the Yacht Service Manager shall reimburse the Charterer, through the broker, for all fees paid as of that date. In case of cancellation by the Yacht Service Manager, the brokers commission will be paid by the Yacht Service Manager to the broker on top of the charterer reimbursment.
- DEFAULTS IN PAYMENT : Should any installment of charter fees not be paid on the date designated, the Charterer will be advised and will have 14 days to pay balances due. If the default continues thereafter, the Yacht Service Manager shall be so be advised by the Broker, and the Yacht Service Manager shall have the right to cancel this Agreement without prejudice to his rights in respect of any arrears of charter money, or of any breach by the Charterer of the conditions contained herein.
- DELIVERY: The Yacht Service Manager agrees to deliver the yacht at the Port of boarding in full commission and in proper working order, having all licenses required for the jurisdiction within the area of charter, fully furnished and ready for service.
- 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 Yacht Service Manager, and not caused by the Yacht Service Manager’s negligence. No warranty is made as to the suitability of weather with respect to this charter. If a 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. No refund is provided for cancellation due to weather.
- AUTHORITY: The Yacht Service Manager 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 the Agreement, it is understood that the Captain is in FULL command, and the the Charterer agrees to abide by his judgement as to clearance, sailing, weather conditions, anchorages and other pertinent matters.
- LIENS: The Charterer, his 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 Yacht Service Manager for any charges or losses incurred as a result of a breach of this paragraph, including attorney’s fees.
- NON-ASSIGNMENT : The Charterer agrees not to assign this Agreement or sub-charter the yacht without the Yacht Service Manager’s consent in writing.
- RESTRICTED USE : The Charterer agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his 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 wich the yacht may be at any time, and shall comply with the law in all other respects. Maximum number of persons : The Charterer shall not, at any time during the charter period, exceed the maximum number of persons stated on this agreement (excluding crew) to sleep and eat onboard the yacht. Where children are taken onboard, the Charterer will be fully responsible for their safety, conduct and entertainment and no member of the crew shall be called upon in anyway responsible for their safety, behaviour or entertainment. No pets or animals are brought on board without prior permission. No narcotics shall be used or carried on board. The use by the charterer and his guests shall not cause any nuisance or offence to any person. The charterer and his guests shall comply with the Law and Regulations of any country into whose waters the yacht shall cruise and enter during the course of this agreement. If the Charterer or his guests commit any offence contrary to the Laws and Regulations of any country which results in any member of the crew or guests or the yacht being detained, fined or imprisoned, arrested or seized, the Charterer shall indemnify the yacht service manager against all loss, damage and expense incurred by the yacht service manager as a result and the yacht service manager may by giving notice to the Charterer terminate this agreement forthwith.
- NAVIGATION LIMITS : The Charterer agrees to restrict the cruising of the yacht to the area specified on the Agreement or on the quote.
- INSURANCE : The Yacht Service Manager agrees to keep the yacht fully insured against fire, marine and collision risks for the full term of the charter period. The Charterer shall not be liable for any such loss or damage covered by such insurance. The Charterer shall be responsible of any loss, damage or injury caused by the willful or negligent acts of himself or his guests and shall give prompt notice any event that may rise to a claim. The Charterer may purchase additional Charter liability insurance at her/his expense. The Yacht Service Manager and staff 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 his charter, regardless of wether any such loss or injury occurs on board the yacht or elsewhere. More specifically, but without limiting the foregoing, the Yacht Service Manager 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, paddle boards, windsurfing, personal watercraft, spinnaker flying, halyard flying, fishing gears, or other sports equipment, wether or not supplied by the Yacht Service Manager, Yacht Service Manager’s staff or Charterer.
- ACCIDENTS: The Yacht Service Manager 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 or acts of God, the Charterer shall have the right to terminate the charter. The Yacht Service Manager shall make pro rata return of all charter fees to the Charterer from the time of such loss or damage.
- DRUGS AND OTHER ILLEGAL ACTIVITIES : The use, transportation, or posession 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 the 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. Charterer will be held responsible towards local authorities for any prosecution related to illegal activities.
- 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 himself or by any of his party, less ordinary wear and tear, except to the extent such claims are covered by insurance as provided above. This means that the Charterer shall be responsible for any costs up to the amount of any deductible. Should the Charterer hinder the yacht’s redelivery to the place and time stipulated, for whatever cause, he shall pay the Yacht Service Manager demurrage pro rata for additional charter time, plus any other losses the Yacht Service Manager sustains related to the delayed redelivery. If the delay in redelivery is Force Majeure, the Charterer is not held responsible for any additional fees.
- DISPUTE RESOLUTIONS : Should the Yacht Service Manager and Charterer be unable to reconcile any differences that may arise with respect to this charter Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon the Charterer and the Yacht Service Manager, with the cost thereof divided equally between the parties. In the event the dispute cannot be resolved by mediation, the case will be submitted to the court of arbitration as stated.
- COMPLAINTS : The Yacht Service Manager shall not be liable in respect of any matter arising out of or in connection with this agreement unless the Charterer has given the Yacht Service Manager notice of his complaint, not later than 24 hours after the expiration of the charter period or where practical, after the time when the event giving rise to complaint occurs
- VENUE: The venue of any action arising from this Agreement shall lie exclusively in the Commercial Court of arbitration of Lorient – France, unless another place is mutually agreed upon, and both parties shall submit the jurisdiction of such court. Both parties agree to use the English language and decision from such court will be final.
- EXECUTION OF AGREEMENT : The Yacht Service Manager and Charterer, whose signatures need not to be affixed to the same copy of the quote, may transmit the Agreement by fax or other electronic means. The separately signed Agreement and/or copies thereof, shall constitute a binding Agreement between the Yacht Service Manager and the Charterer.
- CANCELLATION INSURANCE & TRAVEL INSURANCE : The Charterer acknowledges that trip cancellation insurance has been recommended and that she/he has the choice of either subscribing or not subscribing such insurance. Travel Insurance is mandatory for all participants joining the charter.
BY ACCEPTING FORMALY THE QUOTE, (SIGNED COPY BY EMAIL OR ANY OTHER MEANS), THE CHARTERER CONFIRMS THAT HE HAS READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT.