Sirius 1

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

Yacht Charter Terms & Conditions 1. CONTRACTING PARTIES Contracting parties and their details are as follows: Charter Company : MERSIS ID : Tax ID number/TO: Address : Contact number: E-Mail: My Sailing Yatçilik Turizm Ltd. Sti. 0733037130700015 7330371307 / ÇEKIRGE BURSA Tax Office Albatros Marina Sariana Mh. Mustafa Münir Elgin Blv. No.46 48700 Marmaris/ Mugla +90 533 473 78 45 info@mysailingyachting.com The Charterer: Charterer or My Sailing appointed Skipper Name: Passport/ID Nationality : Address : Contact number: E-Mail : 2. SUBJECT, YACHT DETAILS, AND DEFINITIONS Yacht Model: Built Year: Yacht Name: Capacity: CHARTER DATES, LOCATION, ROUTE, PRICE Check-in Date & Time : - 17:00 hrs Albatros Marina - Marmaris Check-out Date & Time: disembark by 8:30am) Departure Base : Arrival Base : Charter Price : - 15:00 hrs Albatros Marina - Marmaris (including overnight stay onboard and Albatros Marina, Marmaris Albatros Marina, Marmaris € Terms of payment: 1. Deposit payment 2. Final balance payment First payment: 50% within 7 days of the booking confirmation. Second payment: 50% 45 days before the charter. Obligatory Extras: (to be paid in cash at base) Security Deposit: ...................€ to be paid at the base in cash. Returnable on the terms of no loss or damage. Extra’s: Address Albatros Marina Sariana Mh. Mustafa Münir Elgin Blv. No.46 48700 Marmaris/ Mugla Email info@mysailingyachting.com Phone +90 533 473 78 45 Yacht Charter Terms & Conditions 3. My Sailing Yachting Obligations: MY sailing Yachting undertakes to make the yacht available on behalf of the Lessor at the agreed date and in perfect condition. The security deposit also serves to compensate for deductibles, which are borne by the charterer. Damages and losses will be charged to the deposit of the charterer. The yacht has hull insurance at its original value. The deductible per incident of damage amounts 1% of the insurance-exempt amount is 3,000€, for Monohulls and 6,000€ for Catamarans. The deposit will be blocked during check-in from the visa or Master card. Debit cards are not valid) alternatively, a cash deposit may be taken. The conclusion of a travel resignation and a skipper liability insurance is highly recommended, there is no accident insurance for people aboard the yacht. 4. The Owner agrees to let on bareboat charter and the Charterer agrees to charter the unattended yacht mentioned above (hereinafter called the Yacht) for the period commencing at Delivery Time and ending at Redelivery Time for the sum of Charter Fee of which 50% is due to be paid by the Charterer upon the signing of this agreement. The balance of 50% is due and payable 4 (four) weeks before the Delivery Time by transfer to Owner’s bank account. Deposit payment, which is stated in article 2, is a payment for any possible damage that The Charterer might cause on the boat. In case the Charter Company identifies any damage or loss during the checkout, the procedures stated in Article 6.3 of this hereby contract will be valid. 5. Subject of the contract: 5.1. The subject is to define the basic principles related to the CHARTERING of the aforementioned boat owned by the Charter Company, to The Charterer. 5.2. As soon as The Charterer signs the inventory list, security deposit and delivery - acceptance statement of yacht, it is considered as the boat is taken over by the Charterer. 5.3. With this hereby contract, Charter Company is obliged to deliver the boat to The Charterer at the agreed place, date, and time, fully equipped in working condition. 6. The Charterer agrees: 6.1. To redeliver the Yacht to the Owner at Port of Redelivery complete with all her equipment, in the same good condition as she was at take-over, at the time designated in Clause 2 unless the Yacht has become a total loss. If he shall for any reason fail to deliver the Yacht at the aforesaid date and time, to pay to the Owner demurrage at the rate of the charter fee per day of this agreement increased by fifty percent (50%) for every day or fractional part of a day thereafter until delivery has been effected plus any other losses incurred by the Owner due to this delay. If he leaves the Yacht at any place other than the place designated in this Clause, to pay to the Owner all expenses involved in transferring the Yacht to the Port of Redelivery and pro-rata demurrage as above for the number of days required for this transfer, as well as for any loss or damage not covered by the insurance policy, which may occur on or to the Yacht until she has been taken over again by the Owner. 6.2. To leave on deposit and as guaranty with the Owner on taking over the Yacht the Deposit to meet in whole or in part any claim by the Owner in respect of any loss or damage to the Yacht and/or her equipment not recoverable under the policy of insurance hereof and for any claim by the Owner in respect of the provisions of Clause 6.1 above. The aforesaid deposit shall be refunded to the Charterer, subject to the provisions above, after the inspection of the Yacht, her gear, and her equipment by the Owner. 6.3. Not to use the Yacht for racing or for towing other craft, except in an emergency, or generally for any purpose other than that of private pleasure of the Charterer and his party which should include not less than 1 (one) qualified skipper and 1 (one) experienced crew member, but not more than Capacity persons in all at sea, or to accommodate aboard any person other than those shown on the crew/ passenger manifest. Not to take the Yacht nor to allow her to be taken outside the area of the Turkish territorial waters nor to sublet the Yacht without the written consent of the Owner and official clearance and exit formalities. The Charterer confirms with his/her signature of this contract, to have the knowledge and experience necessary to navigate in open waters. Otherwise, he/she appoints a skipper with the necessary experience, who will sign this contract together with the charterer. 6.4. Not to allow any person on board to commit any act contrary to the custom laws of Turkey or of any country or contrary to the laws on fishing or underwater diving nor to seek and/or take possession of objects of archeological nature or value and not to allow any animals on board. In any case, such act is committed, this agreement shall there upon be terminated, but without prejudice to any rights of the Owner, and the Charterer shall carry alone any resulting responsibilities and he shall answer alone to the appropriate authorities. 6.5. To take any possible preventive measure and precaution to avoid bringing the Yacht in any condition in which the Yacht will need to be towed to any point by another vessel, but should such a necessity arise, despite the Charterer’s efforts, to negotiate and agree with the captain of the other vessel on the price to be paid before allowing the Yacht to be towed. 6.6. Not to leave a port or anchorage if the wind force is or is predicted to be over 6 (six) of the Beaufort scale or if the harbor authorities have imposed a prohibition of sailing or while the Yacht has un-repaired damage or any of her vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment, etc. are not in good working condition or without sufficient reserves of fuel or in general when weather conditions or the state of the Yacht or its crew or a combination of them concerning the safety of the Yacht and her crew is doubtful. 6.7. When necessary, promptly reduce canvas and not allow the Yacht to be found sailing under an amount of canvas greater than the one insuring comfortable sailing without excessive strains and stresses on the rigging and the sails, not sail the Yacht in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly, not to sail the Yacht at night without a sufficient watch on deck. 6.8. To keep the Yacht’s logbook up to date, noting each day the port of call, the state of the Yacht and its equipment, any change in the composition of the crew when at sea regularly, the times, positions, weather conditions, sail plan and hours of engine operation. 6.9. To plan and to carry out the Yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the Yacht must be returned to the Owner (Turn- Around Point) within the first one-third (1/3) of the charter period and that 24 hours before the termination of the charter the Yacht’s port of call shall lie at a distance not greater than 20 (twenty) nautical miles from the Port of Redelivery. Address Albatros Marina Sariana Mh. Mustafa Münir Elgin Blv. No.46 48700 Marmaris/ Mugla Email info@mysailingyachting.com Phone +90 533 473 78 45 Yacht Charter Terms & Conditions 6.9. To plan and to carry out the Yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the Yacht must be returned to the Owner (Turn- Around Point) within the first one-third (1/3) of the charter period and that 24 hours before the termination of the charter the Yacht’s port of call shall lie at a distance not greater than 20 (twenty) nautical miles from the Port of Redelivery. 6.10. To report by telephone or cable to the Owner at reasonable intervals the position and state of the Yacht and her passengers, as well as in the event of any damage to the Yacht. 6.11. To study and acquire a working knowledge of any printed matter on the proper handling of the Yacht and the conditions in the cruising area, which may be made available to him by the Owner. 6.12. Only in mail order payments: To pay an amount of 100 (hundred) EUR filing fee and the fuel price required for filling to the Owner, If the fuel tank of the Yacht is not full at the Redelivery Time given in clause 2 and /or To pay an amount of 100 (hundred) EUR to the Owner if any of the wastewater tanks of the Yacht has not been completely emptied before arriving to the Port of Redelivery at the Redelivery Time given in Clause 2. 6.13 In any case of accident, malfunction, or any damage to the yacht, The Charterer will inform the Charter Company latest within an hour, fill in an accident report, and will photograph the damage in full detail. The accident report must be filled in with utmost discretion and has to be signed by the second party involved with the accident if possible. And the report must be signed by an authority as such (Coast Guard, Harbour Master, Paramedic) if possible. 7. Competence of Charterer 7.1: Should My Sailing Yachting Charter discover that the client is not competent to handle a yacht, My Sailing Yachting Charter reserves the right to terminate this agreement forthwith with no refund of Charter fees or, if available, employ a skipper for an additional charge. 7.2: The Charterer acknowledges that My Sailing Yachting Charter does not independently investigate the competency of any Charterer to sail, but relies solely on the information provided (Sailing Certificate or Experience Report). The Charterer agrees not to sail the Yacht single-handed and to ensure at all times a competent skipper (over 18 years of age) and leading crew member are aboard except while safely moored. 7.3: My Sailing Yachting Charter reserves the right to terminate the arrangement without liability if the Charterers behaviour (in My Sailing Yachting Charter’s reasonable opinion) is causing distress, damage, danger or annoyance to the crew, other customers, staff, any third party and property My Sailing Yachting Charter shall not be liable for any costs incurred. 8. DAMAGE/MALFUNCTION(BREAKDOWN 8.1. In case of damage or malfunction, The Charterer will inform the Charter Company immediately. Charter Company will send technical service for necessary repairs accordingly. If the damage/malfunction is not too severe, it will be repaired immediately without disrupting the cruise of the yacht if possible. 8.2. Malfunction; In the case of malfunction and if a technical person must come to the yacht then there will be no fee charged. In the case of damage or malfunction caused by neglect or intervened by crew or skipper then the following charges apply: Technical support: 1 person - 45 € euros per hour 2 person - 22.50€ euro per hour (if needed to assist and help) Transport from Marmaris base to yacht fee: 3€ euro per Kilo meter The payment must be made in cash on the spot and and in the case of any parts needed - replaced all must be paid by the charterer. 8.3. In the events stated in article 6.13 of this hereby contract, if the damage/malfunction is too severe and is likely to stop the cruise of the boat, (grounding, broken pole, engine breakdown, etc.), The Charterer is responsible for; first preventing the growth of the damage, and then for informing the Charter Company immediately. In the event of damage of this size, The Charterer will wait for the Charter Company’s instructions and will comply with them. Charter Company is not responsible for results if the instructions are not applied properly. However, if The Charterer cannot contact or inform the Charter Company, The Charterer shall be responsible for all courses of actions taken by himself/herself that might result in worsening of the severity of the damage. Should the boat has to be towed; the boat’s lines should be used first. 8.4. In case equipment that is stated in the inventory and options listed in article 6.13 of this hereby contract is lost, The Charterer accepts in advance for the compensation of the lost item. Damage, malfunction, or absence of the equipment will be compensated from the deposit The Charterer has paid. In such a case, the deposit will be held until loss or damage is fixed, and will be refunded at base only after the yacht is redelivered in the same condition as delivered. All extra amounts of payments for repairs and substitution of the equipment, unless due to gross negligence, should be solved between the charter company and the insurance company. This clause will be applied together with clause 2 on deposit payment for the options which require additional deposit such as SUP, Yoga Board, Canoe and Coffee Machine, etc. The additional deposit amounts will be included in the boat deposit. 8.5. In case the loss or damage of the tender and/or outboard engine is not covered by insurance, The Charterer agrees and guarantees to compensate for the damage or to replace the lost equipment, and will pay the amount calculated by Charter Company in cash and at once. 9. Special obligations of Charter: 9.1 The charterer must name all the traveling passengers (crew) before the start of the charter. The Charterer agrees to take on board the number of Passengers stated on the Crew list (this must not exceed the maximum number that the yacht is licensed for). The yacht is only to be used for pleasure. Racing is not permitted except for pre booked events when specific conditions apply. The crew members are considered vicarious agents. The charterer must responsibly handle the yacht and the equipment following the rules of proper seamanship in particular: to observe the legal regulations of the countries of stay and transit (port manual). to carry out necessary checks and maintenance on sails, technical equipment, engine, etc. night sailing (30 minutes before sunset or 30 minutes before sunrise) is strictly forbidden. the charterer is obliged to check the oil level of the engine daily, checking that the cooling water is sufficiently discharged. damaged caused by the dry running of the engine or overheating due to the lack of engine oil. Address Albatros Marina Sariana Mh. Mustafa Münir Elgin Blv. No.46 48700 Marmaris/ Mugla Email info@mysailingyachting.com Phone +90 533 473 78 45 Yacht Charter Terms & Conditions if children are on board, the charterer shall be fully responsible for their safety, conduct, and entertainment and no member of My Sailing Yachting shall be held responsible for their safety or entertainment. the nature of the yacht charter may render it unsuitable for anybody with a physical disability or undergoing medical treatment. By signature of this agreement, the charterer warrants the medical fitness of all the members onboard the yacht. the charterer and crew must undertake all necessary visas and vaccinations for the countries visited. 9.2 It is forbidden carrying out paid transportation of persons and goods. to take animals on board leave the yacht to third parties the charterer must declare dangerous goods on board more people than allowed onboard to participate in betting or racing/regatta (unless previously approved) to tow other vehicles if there is no distress or other means of rescue. 10. CHECK-IN (HANDING OVER THE BOAT TO THE CHARTERER) 10.1. The Charterer and all the other passengers on board are obliged to present their original IDs and papers of this hereby contract to check the passenger list. 10.2. During the check-in, The Charterer will review the papers of this hereby contract and will confirm with signature. 10.3. If a part of the boat is damaged or lost during the earlier charter, and if it is not possible to replace the missing tool or repair the damage before the new charter but it is not going to affect the sailing security of the boat, The Charterer agrees that this is not a just reason for termination of this hereby contract. The Charterer agrees that the aforementioned circumstances are caused by previous the Charterer, and are not the responsibility of the Charter Company. However, Charter Company guarantees that he/she will show utmost effort and care to make up for such deficiencies. 1 1. CHECK-OUT (HANDING OVER THE BOAT TO THE CHARTER COMPANY) 11.1. The Charterer will deliver the boat to the Charter Company at the check-in port, at the date and time agreed by both parties on this hereby contract, unless agreed otherwise. 11.2. The Charter must take the boat to a minimum 20 nm distance to base within 24 hours to re-delivery time. 11.3. The Charterer accepts to pay 100 Euro per hour as a penalty for delayed re-delivery time. 11.4. During check-out, the inventory and options list will be checked. Should the Charter Company find any missing or damaged items mentioned in the inventory list, or any damage on the boat, he/she will act under the regulations stated in articles 4 and 6 of this hereby contract. 11.5. Fuel tank will also be checked by Charter Company during check-out. As a rule, the boat will be given to The Charterer with a full tank at check-in and the Charterer will return it to the Charter Company with a full tank at check-out. 11.6. Charter Company will first compensate this cost from the deposit fee, if the deposit fee is not adequate, The Charterer agrees to compensate in cash and at once. 11.7. If The Charterer returns the boat to a port other than the port of re-delivery, he/she agrees and guarantees to pay for any expenses needed to return the boat to the port of re-delivery, pay for the next The Charterer’s expenses and also 500 Euros penalty for each day it takes to return the boat to its port of redelivery, and that this penalty clause fee is not an outrageous price at all and he/she will not ask for a discount for it. 11.8. A bad weather condition is not an acceptable excuse for late re-delivery of the boat. As per the contract, the Charterer is responsible for checking weather conditions and for keeping the yacht at a reasonable distance to the re-delivery port within 48 hours to re-delivery. 12. INSURANCE & DEDUCTIBLES 12.1. Boat and its equipment are insured by the Charter Company. Despite that Charterer’s obligation is limited to deposit fees only, decrees regarding his/her payments other than the deposit fee itself, are reserved for damage due to his/her gross negligence. 12.2. Personal belongings of charterers lost inventory, and equipment, tender, outboard engine, and sails damaged due to bad weather and persons are not covered by the insurance policy of the boat. 12.3. Insurance covers any third-party damage and/or injuries and is limited to the policy terms. However, the term “third party” does not cover The Charterer or any other passengers on the boat. Charter Company advises The Charterer to have travel insurance, and have extra insurance to cover for the injuries third parties may sustain. 12.4. According to the boat’s insurance coverage, the insurance company may recourse the indemnity to the faulty party, and the Charter Company has no responsibility in such recourse demands. 12.A THE DEDUCTIBLE FOR YACHT INSURANCE The deductible for each and every loss and occurrence shall be %1 of the total sum insured- damage amounts 1% - 3.000€ for monohulls, 1% 6.000€ for Catamarans (This deductible exemption shall not be applicable in any case of total loss / constructive total loss or salvage, sue and labor charges allowed to be paid that are arising from total loss/constructive total loss). 12.B THE DEDUCTIBLE FOR MACHINERY DAMAGE EXTENSION CLAUSE The deductible for each and every loss and occurrence shall be %1 of the total sum insured for losses under the scope of Machinery Damage Extension Clause. 13. TERMS OF DETERMINATION AND CANCELLATION 13.1. 50% of the total charter fee will be paid as a down payment latest within 3 days following the reservation date. From the date of your reservation; Until 12 weeks before the rental date :10% of the rental price will be cut and a 400 € cancellation fee will be taken. Until 8 weeks before the rental date :30% of the rental price will be cut and a 400 € cancellation fee will be taken. Address Albatros Marina Sariana Mh. Mustafa Münir Elgin Blv. No.46 48700 Marmaris/ Mugla Email info@mysailingyachting.com Phone +90 533 473 78 45 Yacht Charter Terms & Conditions Until 6 weeks before the rental date :The rental fee for full and crewed reservations is also requested. For cancellations made 6 weeks before the charter date, there is no reimbursement plus skipper/stewardess/chef fees if any are reserved until that time. 13.2. Should the Charter Contract be canceled by the Charter Company due to severe damage to the boat, or due to unpredictable conditions that affect the Yacht or make the Charter impossible, The Charter Company would offer the Charterer another alternative similar yacht in the same condition or reimburse the total charter fee. The Charterer would accept to cooperate with the Charter Company where the Charter Company cannot be held responsible. 13.3. In the event of quarantine, complete lockdown of departing city, travel restrictions to enter the country of Turkey ( not accepting any tourist with conditions), and force majeure events caused by the Covid-19 pandemic between charterer dates that would prevent the chartering of the boat, the owner shall refund the charterer fees that are already collected from the charterer or Owner and Charterer agrees to change the dates of the charter by the same length of time with the possible new dates. This policy does not cover vaccination as an entry requirement. If you are unvaccinated please check the valid requirements in Turkey and your country before booking. The following does not qualify as disruption: Failure to provide a negative COVID-19 test to enter Turkey, a requirement to quarantine to enter Turkey or to return home. Canceled flights or some other disruptions related to personal circumstances are not sufficient to apply the Covid-19 policy. In these cases, our usual cancellation apply but we highly recommend you purchase COVID-19 cancellation insurance when booking. 14. Should the Yacht become an actual or constructive total loss before or during the charter period, this agreement shall be deemed to be at an end, the Charterer shall recover from the Owner all charter payments made in advance to the owner only in case the loss has occurred before the charter period, or during the charter period, provided that the Charterer or his crew were not responsible for the loss. 15. The special provision, if any, set out in the Schedule hereto are fully accepted and form part of this agreement. 16. The Agents of the Owner act in good faith on behalf of both Owner and Charterer but contract as Agents only and in no way pertinent legislation of Turkey either party, except for the responsibilities provided by the pertinent legislation of Turkey. 17. In the event of any dispute arising between the parties hereto concerning this agreement the parties hereto shall try to find an amicable and by both sides acceptable solutions. If the conflict or misunderstanding could not be dealt with in that manner, the courts of Istanbul - Turkey shall be the court of jurisdiction applying the Turkish Laws. This hereby contract consists of 5 pages and 17 articles and is considered the only valid contract between parties. SPECIAL PROVISION & ADDITIONAL CONDITIONS (if any) _____________________________________________________________ IN WITNESS whereof this agreement has been signed by the Owner and the Charterer respectively in two copies on Date: Signed by the Owner: My Sailing Yatçilik Turizm Ltd.Sti. Signed by the Charterer Signed by the Broker