BYC PARATY

Written by the charter company, in its own words and language. navi-gate is not a party to them.

3. Lessee’s Certification The Lessee must present a valid and internationally recognized license in the level of certification required to command the contracted vessel in the intended cruising area. Should the Lessee intend that another person skipper the vessel, they must present BYC with that person’s license for approval. The Lessee must further guarantee that no unqualified persons be allowed to command the vessel during the charter period. Any situations or problems arising from the failure to abide by this guarantee are sole responsibility of the Lessee. 4. Cruising Area Restrictions The Lessee must remain within the cruising area as defined in the General Conditions, remaining within the regions of that area that the vessel has the legal right to sail. 5. Restrictions to Vessel Usage It is hereby understood that the Lessee must restrict vessel usage to the terms and conditions defined in this contract. The Lessee has no right to sub-contract or use the vessel for any commercial uses or ventures. The Lessee guarantees that the vessel will only be used for the recreational activities for which it was intended. The Lessee is further responsible for the compliance of this usage by any crew, guest or family member that may board the vessel. The Lessee will not transport passengers or goods in exchange for monies or fees of any sort or form. The Lessee must respect all laws and regulations of the area in which the vessel may be cruising. Any consequences resulting from failure to do so will be the sole responsibility of the Lessee. The Lessee guarantees not to engage in any illegal activity or pursuit and furthermore agrees not to use the vessel for any race or participate in any event without prior consent from BYC. The Lessee is responsible for insuring that the person in command of the vessel is not under the influence of any substance that may alter or impair their judgment or ability to operate the vessel in a safe and secure manner. The use or possession, onboard the vessel, of any illegal drug or narcotic will result in the immediate cancellation of the rental contract with total loss of all deposits and rental fees. No pets or animals may be taken aboard the vessel without prior written consent from BYC. Smoking, of any kind inside the vessel is strictly prohibited. 6. Insurance Coverage and Lessee Responsibility The contracted vessel is insured by the owner against material damage and personal injury, the Lessee is responsible for all equipment onboard the vessel. In the event of an insurance claim the Lessee is responsible for paying the deductible. (All insurance policies are regulated by Brazilian jurisprudence.) The Lessee is responsible for any lose not covered by the insurance policy if the loss occurs as a result of negligence or misuse as stipulated by, but not limited to, the following conditions. a) Violation of the cruising area as stipulated in the General Conditions. b) Violation of the terms or provisions in clause #3 and/or #5 of this contract. c) Failure to abide by the recommendations provided BYC. d) The operation of the vessel while under the influence of alcohol or any substance legal or illegal that may impair a person’s ability to operate the vessel in a secure manner. 7. Additional Costs or Expenses The Lessee agrees to accept the vessel as described by clause #1. All subsequent operational costs are the Lessee’s responsibility unless additional services have been requested and paid for through a separate contract with BYC. Third party services required as a result of operational malfunction or problems must be notified immediately to BYC and always prior to the incursion of any fee or cost. The exception to this rule is in the event such a delay would cause further personal risk to any person aboard the vessel or further material damage to the vessel itself. 8. Lessee’s Authority over possible Crew It is agreed that the Lessee has total command over operational control of the vessel during the period of the charter. Should the bareboat charter lessee, to which this contract pertains, come to desire or require the services of a deckhand, skipper or crew member, be they furnished by BYC or not, they are considered employees of the Lessee who retains full control of the vessel and its operations. The deckhand, skipper, or crewmembers are aboard to provide opinions and suggestions related to vessel safety and handling, anchorage points, navigation and other related matters. The Lessee agrees to take these opinions into consideration and not dismiss any of the employees without BYC prior knowledge and agreement. 9. Reservations Cancellations (1) Cancellations by Lessee (a) Reservations cancelled up to 90 days prior to the embarkation date will receive refunds of deposits and fees paid minus a cancellation fee consisting of 20% of the total charter cost. (b) Reservations cancelled up to 60 days prior to the embarkation date will receive refunds of deposits and fees paid minus a cancellation fee consisting of 40% of the total charter cost. (c) Reservations cancelled up to 30 days prior to the embarkation date will receive refunds of deposits and fees paid minus a cancellation fee consisting of 60% of the total charter cost. (d) Reservations cancelled with less than 30 days notice will forfeit all fees and deposits paid to BYC. (2) Cancellations by BYC (a) Should BYC be forced to cancel a contract due to unforeseen circumstances all fees and deposits received will be reimbursed. (b) See Delivery (Clause #1 of this contract) 10. Vessel Inoperability In the event of loss, accident, operational failure or disaster the lessee will notify BYC immediately. In such circumstances, the Lessee is responsible to undertake all reasonable measures to try and preserve the vessel and its accompanying equipment, but must not undertake any major repair without previous authorization from BYC. Under no circumstances shall the Lessee be compensated for lost time due to vessel or equipment malfunction should such mal-function occur as a result of negligent or improper use by the lessee or accompanying passengers, crew or family. (1) Should the vessel develop a motor or equipment mal-function after delivery (as defined in Clause #1 and while sailing in the area and under the conditions defined in this contract) that leaves the vessel inoperable for a period longer than 4 (four) hours between 8:00h and 17:00h. (Beginning upon contact with BYC) BYC will give the Lessee the option of one of the following choices: (a) One full day credit (24 hours) or (b) Two full days free rentals that may be added to the current rental period (subject to availability) or added to the Lessee’s next rental with BYC of a week or longer. (2) Should the vessel develop a motor or equipment mal-function or sustain damage after delivery (as defined in Clause #1 and while sailing in the area and under the conditions defined in this contract) that leaves the vessel inoperable for a period longer than 48 (forty-eight) consecutive hours and should BYC be unable to provide a substitute vessel of comparable standards within that period. BYC will grant the Lessee the option of one of the following choices: (a) Full credit for the number of days lost due to malfunction (b) Four days free rental that may be added to the current rental period (subject to availability) or added to the Lessee’s next rental with BYC of a week or longer. 11. Additional Conditions (a) Neither the Lessee nor any of his agents, passengers or crewmembers has the right or power to incur or create any debts on credit attributed against the vessel under contract. The Lessee agrees that any person supplying goods or services to the vessel will be paid promptly and be advised that neither the Lessee nor any of his party may incur debts against the contracted vessel. (b) The Lessee agrees not to transfer or sub-contract the vessel under contract without prior written consent from BYC. (c) If Generator, water maker, air conditioning, and autopilot don’t have a good performance and/or stop working, it will not be considered as cancellation reason. (d) Unless otherwise specified, it is understood that the Lessee is responsible for all members in the rental party from the time he/she assumes the conditions and responsibilities of Lessee as prescribed in this contract. The terms of this contract apply from the embarkation and acceptance of the vessel to the disembarkation and return of the same vessel. (e) Any legal mattes or concerns arising from this contract will be settled in accordance with Brazilian law under the jurisdiction of the city of Rio de Janeiro, RJ. (f) BYC and the vessel owner are in no way responsible for any loss or damage, be they material or personal, death or injury that may occur to any person due to the use of the vessel and its equipment, be they provide by BYC or not, while under charter to the Lessee. The Lessee is solely responsible for any action, suite, complaint or liability incurred while using the vessel under charter being totally responsible for all costs and debts incurred during these proceedings. The Lessee will exclude and exempt BYC and the owner of all and any liability or accountability generated by any of these proceedings. In the interest of the clarity and accuracy of this contract both parties involved will sign below in the presence of witnesses. In case of discrepancies in the interpretation of the two versions, the Portuguese version prevails.