De Antonio D42

Vom Charterunternehmen verfasst, im Originalwortlaut und in dessen Sprache. navi-gate ist daran nicht Partei.

PORT AUTHORITY REGULATIONS AND DOCUMENTS REQUIRED TO ALLOW DAILY CHARTER DAILY CHARTERS All names as per passport, nationalities and passport numbers should be provided upon booking of the Yacht & sent per email upon booking of the Yacht or latest one week prior to embarkation to prepare the Passenger List document required for permission to charter. Passengers on board should have their passports or identity on board during the cruise. Should passports given not correspond to passengers on board, Port Authorities will issue respective fines. The Stakeholder/ Yacht representative is entitled & authorized to sign on behalf of the Charterer & on behalf of the representative Agent / Broker, , the Greek Charter Agreement, and other necessary documents as required by the Greek Port Authorities for the handling and execution of the Charter. The Stakeholder/ Yacht representative, and Owner confirm that the sole purpose of the Greek Charter party Agreement is to obtain clearance from the Greek Port Authorities for the commencement of the charter. Please see below all Terms and Conditions as per the Greek HYBA Contract which is a duplicate of the below and will bear the official Stamp of Port Authorities. It has been agreed with Charterer’s representative that the said mentioned party on board, will receive all clauses as per below and booking form is to be signed by all parties confirming the booking and consent of all herewith terms. GENERAL It is the owner’s obligation to on its own expense to insure the Vessel in fulfilment of requirements of Legislation for Professional Pleasure Yachts applicable during charter period.  Children are to be always under the supervision of an adult member of the charter party throughout the charter period. Smoking is prohibited in the interior of the yacht. Pets on board are allowed only upon owner’s approval. WEATHER CONDITIONS In the event that the requested excursion cannot be completed due to safety reasons and/or weather conditions, an alternative excursion will be offered, providing this is possible. If an alternative route is not possible to be completed, or it is not desired by the charterer, an option of an alternative date of charter will be offered, provided there is availability of the chosen vessel. In the case that neither an alternative excursion nor an alternative date is feasible, either from the owner, or from the charterer, a refund of the payment will be completed minus the dossiers of policy expenses. In any case, it must be noted that the owner, or the charter broker cannot take responsibility for any given changes due to weather conditions. EXTRAS Client has been informed that all extras (provisions, extra fuel, extra fees if required and Guide fee, if required, entrance fee for Delos Island, eventual private transportation if needed, hire of guide whether in Mykonos or in another island will require pre-payment cash on board (APA) or two days prior to agreed charter date should client be or reside on the island respective of extras required. WATER TOYS Use of personal watercraft and Jet ski is only permitted subject to the operator having the appropriate license and meeting local regulations. Any liability arising from non- compliance is entirely at operator’s risk. Jet ski: At all times, the user will have to be surveyed by the captain, who will also have a remote control, enabling him to reduce the speed of the water toy, should he judge it necessary. Renter will accept the reduced speed or termination of usage with no need of justification. The captain has the right to refuse the use of any water toys on board, such as Jet Ski’s if he believes that the user is not qualified enough or the user jeopardizes the safety of the toy or any human life. The Charterer and Guests acknowledge that the use of personal watercraft, tender and water toys is entirely at their own risk and agree to indemnify, defend, and hold harmless the Owner, agents, brokers from and against any claims, damages, expenses or liabilities for fines, loss or damage to any property, or from death or injury to any person or persons. The use of Sea bob does not require any license. Children under 12 years old will require parental presence or accompaniment. The user has been informed that the Sea Bob should not be exposed to pebbles, sand nor little rocks during its usage nor laid onto to the beach shore. Any intrusion in its body of such contents will cause malfunction or damage to the motor and or propeller. The user will be held liable for any damage caused during the rental period. Conditions taken in consideration are: Marine traffic (boats, jet skis, surfers, etc.) – Wind – Waves - Proximity to swimmers - Alcohol consumption, Topography, and local conditions (shallow reefs, currents etc.). Payment for any water toys is to be done at base per hand or via bank transfer. ADD ONS and other extraordinary expenses. On board special requirements (D.J., Sound system, extra catering or beverages, or equipment, shoreside transport or excursions, equipment rental by third parties, tour guides and in general any expenses not customarily considered part of the vessel's operating costs are payable by the Charterer. Payment for such expenses may be required in advance through the Broker via designated bank account or in cash payment to the Captain or the yacht representative upon embarkation. VAT and/or local taxes applicable according to the cruising area and charter maritime laws. Should there be a change of vat prior to the booking or during the booking process, Charterer will have to settle the difference as per commercial charter maritime law. DAMAGES ON BOARD The CHARTERER shall only be liable for such costs or losses as may be incurred by repairing damage caused by the CHARTERER or his guests, (Intentionally or otherwise) to the Yacht. FUNDS Funds must be received in full and in Euro currency. Any bank charges, or difference due to currency exchange, should be settled by client should the payments be done per bank transfer. Any missing funds will have to be settled respectively. GRATUITY FEES 10 % TO 15 % A crew gratuity is customary but is given at Charterer’s discretion. FUEL Fuel consumption for suggested set daily itineraries have been based on the total miles to cruise. Should for any reason, fuel consumption exceeds the estimated consumption, client will have to compliment on fuel cost (due to altered itinerary, weather conditions, or market price.) and will be informed by captain or yacht representative. The captain has to refuel the yacht and the charterer must allow the refueling at the captain’s choice. Payments for fuel-including the Fuel Tax- are to be made and burdened by the Shipowner. USE OF FACILITIES. All Guests on board should be very careful with the use of Yacht’s equipment and especially toilets and showers. Serious damage may be caused by any small or large items (including toilet paper, hair, sand, pits etc.) for which the CHARTERER will be liable. During daily charters, only one cabin and 1 Wc facility will be available to the client and guests on board, unless agreed otherwise. CAPTAIN’s AUTHORITY The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain shall not, however, be bound to comply with any order which, in the reasonable opinion of the Captain, might result in the Yacht moving to any port or place that is not safe and proper for her to be in. ) Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Captain, the Charterer or any of his Guests fail to observe rules or on-board safety measures, causing infringement of terms and regulations, The Captain shall promptly draw the Charterer’s attention to any infringement of these terms by himself or his Guests, and if such behavior continues after this warning, the Captain shall inform the OWNER or his BROKER, and the OWNER may, by notice given to the CHARTERER, terminate this Agreement. No refund will be accorded. It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER. MECHANICAL FAILURE Should a mechanical failure arise prior to the charter set date and yacht is not able to charter, Broker will inform the client direclty or and via his representative agent. Should the client and yacht be available on the next day or any other day upon repair of the issue, then the charter will take place in due form. Should there be a delay in repair due to a necessary part or device that needs to be shipped to ensure proper functioning of the yacht, the later causing much delay in repair, then the next alternative would be for the broker to provide another yacht of same size and caliber, or to refund all payments minus the Dossier of Policy Expenses. COMPLAINTS All issues are to be immediately communicated. Note shall be taken of the time, date and nature of the complaint to the captain, or to the broker or representative agent and settled prior to disembarkation. Any complaints after the completion of the charter will not be accepted. OTHER Mooring bases YAL'OOU Yachting’s fleet in Mykonos is moored in two different bases in Mykonos: Ornos Bay & Kalo Livadi bay. For any embarkation /Disembarkation other than the base of the selected yacht, the charterer understands that due to the extra miles that would need to be covered, additional fuel consumption will be required. Should this be the case, the client will have to settle the difference if any. The above would apply for Paros (Paroikia bay) or Serifos or Athens-based yachts. Travel insurance, Cancellation/Curtailment insurance and Charterer's Liability Insurance is highly recommended and should be sourced by the Charterer. Public Health & Government Restrictions Not withstanding anything to the contrary contained in this Agreement, the parties hereby agree that should a government related travel ban be enforced due to a public health emergency such as outbreak of the COVID -19 Coronavirus type of virus, or should government instructions directly prevent the Charterer and/ or Owner from performing its material obligations under the Charter agreement, the Charterer shall be entitled to reschedule the Charter Period to a date not longer than 14 months after the first day of the initial Charter Period, with Charterer booking the Charter through the Broker. The rescheduled charter shall be subject of Vessel’s schedule and availability. However, if the Charter is rescheduled at other times, the Charter Rate will be that of the current advertised season rate for the Yacht and the difference will be paid by CHARTERER. Delivery/Re-delivery fees may be applicable for the rescheduled charter. CANCELATION POLICY DAILY CHARTERS In the event of cancellation of the charter by the Charterer, for any reason, the following cancellation policy will apply depending on the time-interval between the booking confirmation and the cancellation date: a. Policy of "Dossier's expenses" 150 Euro for yacht up to 37 Ft, 300 Euro for yachts over 37ft up to 50 ft, 350 Euro for yachts over 50 Ft up to 68 Ft and 450 Euro for yacht over 68 Ft will be applied for cancelations made after 61 days and over, prior to the set date of embarkation. b. Cancellation fee of 50% of the charter hire of the yacht, for bookings cancelled within a period of less than 60 up to 31 days prior to boat embarkation. c. Cancellation fee of 100% of the charter hire of the yacht, for bookings cancelled in a period of 30 days prior to boat embarkation. In the event of cancellation of the charter due to weather conditions meaning that yacht was not allowed to cruise by port authority safety regulations, the following cancellation policy will apply: a.Policy of "Dossier's expenses" will be applied for all bookings cancelled b.Total refund of the remaining amount. In the event of cancellation by the charterer as he judges that weather conditions are not favourable but permission to cruise has been given by the port Authorities , the following cancellation policy will apply Cancellation Fee of 100 % of the total charter hire fee minus the cost of fuel. PAYMENT TERMS Payment of the charter should be conducted only by the person named as charterer on the Charter Party Contract to the Stakeholder’s designated bank account or via his representative agent, The booking of the vessel on the requested date/dates is officially confirmed, when a down payment of 50% of the total amount is conducted within 7 days after the booking confirmation. As soon as the deposit of 50% is completed, proof of payment is required to be  sent. The final payment of 50% is required at least 30 days before embarkation, accompanied by proof of payment. Less than a month booking prior to set date of charter: 100% payment and APA (daily booking fuel requirement) per credit card + CC fees. The embarkation cannot be established if full charter hire payment is not completed and all passport references are not delivered by the Charterer. It is officially considered that the charterer has read, accepted, and agreed with all the above terms upon signature of the herein contract & booking confirmation