SEA BREEZE

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

YACHT CHARTER AGREEMENT GENERAL CHARTER TERMS AND CONDITIONS If not agreed in written otherwise, both parties agree as follows: - Navigation will be restricted to daily periods (not before sunrise or after sunset) - Parties agreed that this agreement represents complete and only binding arrangement between them, and no other agreement / document that one of them may sign with third party considering same matter will not generate any obligation that is not specifically stipulated in this agreement by its� parties - Parties will consider signed copy of this Agreement received by fax or e-mail as fully valid - Booking is confirmed when both agreement is signed and deposit paid - CHARTER CONFIRMATION DOC. (VOUCHER): Charterer is required to present voucher issued by Ownersu0027representative to the Captain when boarding the vessel - OWNERu0027S Representative is empowered to sign the Yacht Charter Agreements on OWNERu0027s behalf and to receive any information, request or complaint on OWNERu0027s behalf. - Personal watercraft can be used strictly in areas where Captain approves, by the drivers who have valid license with them on board and have proved their driving skills complying with instructions received by the Captain. In any case, driver of personal watercraft is the sole and only person responsible for any damages and will cover all other penalties coming from the use of personal watercraft. In some occasions, penalties for the non-obeying use of personal watercraft may affect not only the driver, but also the Owner of the vessel and the Captain. CLAUSE 1 CHARTER The OWNER agrees to accommodate CHARTERER on the vessel and not to enter into any other Agreement for the Charter of the Vessels for the same period. The CHARTERER shall pay the Charter Price to the Account specified in this Agreement according to Payment Terms. CLAUSE 2 DELIVERY The OWNER shall at the beginning of the Charter deliver the Vessel to the Port of Delivery and the CHARTERER shall take delivery in full commission and working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and live-saving equipment (including life � jackets for children if any, are part of the CHARTERER�s Party), as required by the Vessel�s registration authority and enabling the CHARTERER to use the Vessels as set out in Clause 12. The OWNER does not warrant her comfort in bad weather conditions. CLAUSE 3 RE-DELIVERY The CHARTERER shall re-deliver the Vessels to the OWNER at the Port of Re-Delivery free of any debts incurred for the CHARTERERu0027s account during the Charter Period and in as good condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishes, re-deliver the Vessels to the Port of Re-Delivery and disembark prior to the end of the Charter Period but such early re-delivery shall not entitle the CHARTERER to any refund of the Charter Price. CLAUSE 4 CRUISING AREA AND TIME Cruising of the Vessels is to within agreed Cruising Area. Cruising time is restricted under way to an average of four (4) hours per day, unless the Captain, in his sole discretion, agrees to exceed this time or unless otherwise is agreed among the Undersigned Parties. CLAUSE 5 MAXIMUM NUMBER OF PERSONS, RESPONSIBILITY FOR CHILDREN, HEALTH OF THE CHARTERERu0027S PARTY, PETS ON BOARD a) The CHARTERER shall not at any time during the Charter permit more than the Maximum Number of Guests Sleeping or Cruising on Board here in stated. As an exception, a reasonable number of visitors could be on Board whilst the Vessels are securely moored in port and at the sole discretion of the Captain. b) If children are taken on board, the CHARTERER shall be fully responsible for their safety, conduct and entertainment. c) The nature of a Vessels charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signing of this Agreement, the CHARTERER warrants the medical fitness of all members of the CHARTERER�s party for the voyage. The CHARTERER and his party are obligated to inform themselves if they need to have visas for the countries to be visited. d) Pets are not allowed on board. CLAUSE 6 CREW The OWNER provides Crew for the Vessel, according to the laws of Croatia, properly uniformed, fed and insured. The OWNER shall ensure that the Captain and Crew comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. CLAUSE 7 CAPTAINu0027S AUTHORITY a) The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain shall comply with all reasonable orders given to him by the CHARTERER regarding the management, operation and movement of the Vessels, wind, weather and other circumstances. The Captain shall not, however, be bound to comply with any order which, in his reasonable opinion, might result in the Vessels moving to any port or place that is not safe and proper for her to be in, or might result in the CHARTERER failing to re-deliver the Vessels (upon the expiration of the Charter Period) or would cause a breach of Clause 12. b) 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 any of the provisions in Clause 12 and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect to the same, the Captain shall inform the OWNER and may terminate the Charter forthwith or return the Vessels to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain and shall not be entitled to be refunded any part of the Charter Price. c) With particular regard to the use of water sports equipment, the Captain has the authority to prohibit the use by the CHARTERER or any or all of his Guests from use of any particular water sports equipment if, in his reasonable opinion, they are not competent to operate such equipment, are behaving in an irresponsible manner, or are failing to show due concern to other persons when operating this equipment. CLAUSE 8 DELAY IN DELIVERY a) If the OWNER fails to deliver the Vessels at the Port of Delivery at the commencementof the Charter Period, the OWNER will offer the CHARTERER refund pro rate for every day or part of day lost or if it is possible and mutually agreed the OWNER shall ensure a pro rata extension of the Charter Period. b) If by reason of force major the OWNERS fails to deliver the Vessels within forty-eight (48) hours or a period equivalent to one-seventh (1/7th) of the Charter Period, whichever period is shorter, from the due time of delivery, the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERER�s exclusive remedy will be to receive repayment without interest of the full amount of payments made by him to the OWNER. Alternatively, if the parties mutually agree and subject to the bookings of the Vessels, the Charter Period shall be extended for a period equal to that which shall have elapsed between the date of delivery and the date of the actual delivery of the Vessels. c) If the OWNER fails to deliver the Vessels at the Port of Delivery at the commencement of the Charter Period in accordance to article b) of this clause, other than by reason of force major, the CHARTERER shall be entitled to treat this Agreement as repudiated by the OWNER The CHARTERER will be entitled to repayment without interest of the full amount of all payments made by him to the OWNER. d) Alternatively to the repayment of the full amount the OWNER may offer to the CHARTERER for the same Charter Period and Charter Fees another Vessels upgraded t the Vessels initially agreed to in regard to size, comfort and services. OWNER has to get CHARTERER�s consent on replacement of the Vessels. CLAUSE 9 DELAY IN RE-DELIVERY a) If re-delivery of the Vessels is delayed by reason of force majeure, re-delivery shall be made as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER. b) If the CHARTERER fails to re-deliver the Vessels to the OWNER at the Port of Re-Delivery due to intentional delay or change of itinerary against the Captainu0027s advice, then the CHARTERER shall pay forthwith to the OWNER demurrage at the daily rate plus forty percent (40%) of the daily rate, and if delay in re-delivery exceeds twenty-four (24) hours, the CHARTERER shall be liable to indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of deprivation of use of the Vessels or cancellation of, or delay in delivery under, any subsequent charter of the Vessels. CLAUSE 10 CANCELLATION BY THE CHARTERER Should notice of cancellation of this Agreement be given by the CLIENT on or at any time before commencement of the Charter Period, or should the CHARTERER fail after having been given notice to pay any amount payable under this Agreement and therefore receives notice of cancellation because of overdue payment, total amount of charter fee received by the OWNER will be taken as cancellation fee. The CHARTERER is entitled to find 3rd person who will assign CHARTERERu0027s Charter Agreement, in which case CHARTERER will be refunded for the amount of charter fee which 3rd person will pay to the Owner for assigned charter. If the OWNER or his REPRESENTATIVE find 3rd person who will assign CHARTERERu0027s cancelled Charter Agreement, CHARTERER will be refunded for the amount of charter fee which will be received by the Owner for assigned charter. If the CHARTERER has paid full amount of charter fee and there was no assignment of the Charter Agreement to 3rd person it will be presumed that CHARTERER has not cancelled the Agreement and the Vessel will be at CHARTERERu0027s disposal during the charter period quoted in Charter Agreement. Should the CHARTERER by his own will for any reason decide to disembark earlier, there will be no refund for shortened charter period than the one originally booked in Charter Agreement. CLAUSE 11 BREAKDOWN OR DISABLEMENT a) If, after delivery, the Vessels at any time are disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Vessels by the CHARTERER for a period of not less than twelve (12) consecutive hours or one-seventh (1/7th) of the Charter Period, whichever is the larger, and not more than twenty-four (24) consecutive hours or one-seventh (1/7th) of the Charter Period, whichever is the shorter, (and the disablement has not been brought about by any act or default of the CHARTERER), the OWNER shall make a pro rate return of the Charter Fee from the date and time when the Vessels was disabled or became unfit for use. Alternatively, if the parties mutually agree and subject to the circumstances, the Charter Period shall be extended by a time equivalent to the disablement. If the CHARTERER considers the circumstances justify the invoking of this Clause, he shall give immediate notice in writing to the Captain that he wishes to do so. b) If, however, the Vessels is lost, or is so extensively disabled as aforesaid that the Vessels cannot be repaired within a period of twenty-four (24) hours or one-seventh (1/7th) of the Charter Period, whichever is the shorter, the CHARTERER may terminate this Agreement by notice in writing to the OWNER or, communications is possible, to the Captain on the OWNER�s behalf, and as soon as practicable after such termination the Charter Fee shall be repaid by the OWNER pro rate without interest for that part of the Charter Period remaining after the date and time that the loss or disablement occurred. In these circumstances the CHARTERER may affect Re-Delivery by giving up possession of the Vessels where she lies. The CHARTERER shall be entitled to recover from the OWNER the reasonable cost of returnin himself and his passengers to the Port of Re-Delivery by scheduled services, together with any accommodation expenses necessary for this purpose. CLAUSE 12 BREAKDOWN OR DISABLEMENT a) The CLIENT shall use the Vessel exclusively as a pleasure vessel for the use of himself and his Guests. The CHARTERER shall ensure that no pets or other animals are brought on board the Vessels without the consent in writing of the OWNER. The CHARTERER shall ensure that the behaviour of himself and his Guests shall not cause a nuisance to any person or bring the Vessels into disrepute. The CHARTERER shall comply, and shall ensure that his Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. The Captain shall promptly draw the CHARTERERu0027s attention to any infringement of these terms by himself or his Guests, and if such behaviour continues after this warning, the Captain shall inform the OWNER, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7 of this Agreement. b) If the CHARTERER or any of his Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the crew of the Vessels being detained, fined or imprisoned, or the Vessel being detained, arrested, seized the CHARTERER shall indemnify the OWNER against all loss, damage and expense incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement forthwith. It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) by CHARTERER or any of his guests shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER. CLAUSE 13 NON-ASSIGNMENT The CHARTERER shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of the OWNER, which consent may be on such terms as the OWNER thinks fit. CLAUSE 14 INSURANCE OF VESSELS, GUESTS AND CREW The OWNER guarantees that his Vessels as well as passengers and crew on them are properly insured according to Croatian law. CLAUSE 15 CHARTERERu0027S LIABILITY 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 Vessel or any third party up to the level of the Excess (Deductible) on the OWNER�s insurance policy for each separate accident or occurrence. The CHARTERER may be liable for a sum greater than the Excess (Deductible) on any one accident or occurrence if the CHARTERER or any of his guests acted in such a manner (intentionally or otherwise) to avoid, or limit the coverage of the OWNER�s insurance policy. CLAUSE 16 DEFINITIONS a) FORCE MAJEURE In this Agreement u0027u0027force majeureu0027u0027 means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER or the CHARTERER (including, but not limited to; strikes, lockouts or other labour disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, new governmental act or regulation, major mechanical or electrical breakdown beyond the crew�s control and not caused by OWNER�s negligence). b) OWNER, CHARTERER Throughout the Agreement, the terms u0027u0027OWNERu0027u0027 and u0027u0027CHARTERERu0027u0027 and corresponding pronouns shall be construed to apply whether the OWNER or CHARTERER is male, female, or corporate, singular or plural. c) CHARTERER Throughout the Agreement, the term u0027u0027CHARTERERu0027u0027 corresponds to CHARTERERu0027S PARTY - end user of the charter service. d) OWNERu0027S REPRESENTATIVE Throughout the Agreement, the term u0027u0027OWNERu0027S REPRESENTATIVEu0027u0027 corresponds to representative of the OWNER, empowered to receive any information, request or complaint on OWNERu0027s behalf. CLAUSE 17 RESOLVING OF DISPUTES Any dispute relating to the interpretation and fulfilment of this Agreement shall be resolved in front of competent court in Croatia, as it is base country of Owneru0027s yacht and company, and therefore this Agreement shall be interpreted and fulfilled in accordance with Croatian Law. CLAUSE 18 COMPLAINTS CHARTERER is instructed to communicate with the Captain on any wishes, remarks, instructions, thoughts or comments regarding service on board, especially on those matters that can be immediately changed or improved to CHARTERERS�s satisfaction. Any issues that might have been immediately taken care of if communicated with the Captain will not be considered as complaints. CHARTERER shall immediately upon detecting irregularities considered as the basis for a complaint bring complaint to the Captain and it is strongly suggested that at the same time Client advises OWNERu0027S REPRESENTATIVE and / or his BROKER on such complaint. If the CHARTERER is not satisfied with the way the Captain approached to the problem, he shall at latest within 12 hours of presenting complaint to Captain bring the complaint to OWNERu0027s REPRESENTATIVE. CHARTERER is obliged to cooperate with the Captain and the OWNERu0027s REPRESENTATIVE in good faith to rectify the problem. If the CHARTERERu0027s complaint did not reach the OWNERu0027s REPRESENTATIVE during the term, OWNERu0027s REPRESENTATIVE will not be obligated to represent his legal interests in front of the OWNER of the vessel. CLAUSE 19 VOUCHER Captain is authorized to hold the receipt of the CHARTERER to the vessel or to sail out until Client presents the voucher issued by OWNERu0027S REPRESENTATIVE. If the CHARTERER is unable to present the voucher issued by OWNERu0027S REPRESENTATIVE, its acceptance and approval of the voucher can be expressed by signing the Captainsu0027 voucher copy quoting the date of signature. PLEASE INITIAL: OWNER: CHARTERER: CLAUSE 20 PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNERS All funds received by the BROKER against this Agreement shall be transferred immediately upon receipt to the OWNER after deduction of the full commission, if not agreed otherivse, by Bank Transfer. The Advance Provisioning Allowance (APA) shall be paid by the CHARTERER to the Captain in cash, or the Shipping agent by Bank Transfer for onward transmission to the Captain prior to embarkation. CLAUSE 21 FORCE MAJEURE When force majeure is invoked in relation to breakdown or disablement, the OWNER will instruct the Captain or Owneru0027s representative to submit a detailed technical report, a copy of the yacht�s maintenance log, if applicable, and all relevant supporting documentation to the CHARTERER or CHARTERER�s representative. CLAUSE 22 ARBITRATION u0026 LAW The interpretation, performance and validity of this Agreement is subject to the Laws of the Republic of Croatia excluding the principles pertaining to conflict of laws included therein. Unless otherwise explicitly agreed in writing by the parties herein, any dispute arising from or in connection with the interpretation, validity and/or performance of this Agreement shall be resolved by arbitration. The procedure of such arbitration shall be subject to provisions of the Croatian Civil Procedural Law and other provisions of Croatian Law applicable to arbitration that may supplement, amend or replace such law at the time of the dispute. Each party shall appoint their own arbitrator, the two of which shall nominate a third arbitrator to constitute the arbitration panel whose decision will be final and binding. The language of the arbitration shall be English and the venue of arbitration shall be Split or Dubrovnik/Croatia. CLAUSE 23 BROKER(S) AND OWNERu0027S REPRESENTATIVE a) The commission shall be deemed to be earned by the BROKER(S) and OWNERu0027S REPRESENTATIVE upon signature of this Agreement by the OWNER and CHARTERER and payment of deposit funds by CHARTERER and be payable by the OWNER on the full Charter Fee, excluding running expenses, extra costs and Delivery/Re-Delivery Fees, according to Clause 20 of this Agreement, whether or not he defaults for any reason including force majeure. In the event of cancellation by the CHARTERER, the commission shall be deducted as an expense from the deposit. b) If the CHARTERER should extend this Charter, the OWNER shall pay commission on the gross Charter Fee for the extension, on the same basis as provided in 23a. The BROKER and the OWNERu0027S REPRESENTATIVE in this Agreement shall have no responsibility for any loss, damage or injury to the person or property of the OWNER or CHARTERER or any of their Guests, servants or agents, and further, the BROKER and the OWNERu0027S shall be under no liability for any errors of judgment or description or otherwise, of whatsoever nature and howsoever arising, and shall be under no further obligation, duty or responsibility to the OWNER REPRESENTATIVE or the CHARTERER save as set out herein. The OWNER and the CHARTERER shall jointly and severally indemnify and hold harmless BROKER and the OWNERu0027S REPRESENTATIVE for any loss or damage sustained by them as a result of any liability by the BROKER and the OWNERu0027S REPRESENTATIVE to any Third Party (person, firm, company or authority) arising from promoting or introducing this Charter, assisting in the performance of this Agreement or performing the duty of Stakeholder. f) For the purposes of this Clause, the terms OWNER and CHARTERER shall be understood to mean named company or individual, or any company owner or controlled by them including companies owned directly or via Trustees, any Director of such a company, beneficial Owner, Nominee, Agent or Charterer�s Guest. CLAUSE 24 NOTICES Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched and properly addressed by mail, courier service, by fax or e-mail, on correct addresses of Agreement parties, or, according to this Agreement, on the vessel, during the charter period. PLEASE INITIAL: OWNER: CHARTERER: