Oceanis 40.1 (2022) RO

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

Charterparty terms and Conditions : WHEREBY IT IS AGREED as follows: Term,hire u0026 payment 1.The owner agrees to let on bare-boat charter and the Charterer agrees to charter the unattended yacht "MODEL AND NAME" (hereinafter called "the yacht" from : "TIME AND DATE OF START CHARTER" TILL "TIME AND DATE OF STOP OF CHARTER" of the sum of "SUM OF YACHT CHARTER" EUR of which are due and payable by the Charterer to upon the signing of this Agreement. The sun is payable by 30% seven days after booking and the rest 70% 30 days before embarcation. All by Bank Transfer Delivery 2.The Owner agrees: a) to fit out the boat and handle her to the Charterer,without crew, clean,ready for sea with all the gear u0026 equipment in proper running condition at ALIMOS b) to insure the yacht u0026 her equipment against fire, marine u0026 collision risks and 3rd party damage u0026 against any u0026 all loss or damage on excess of "REFUNDABLE GUARANTEE DEPOSIT AMOUNT" u0026 the Charterer shall be relieved of any u0026 all liability which is covered by the said Policy, provided that such loss or damage is not caused or contributed to by any act of gross negligence or willful default on his part. Should the owner fail not to effect such insurance he shall assume the same responsibilities as if the Yacht were so insured, be he shall not be under any liability for the loss or damage to the personal property of or for any injury to the Charterer or any person on board with his permission. Delayed c) To employ every reasonable effort to deliver the yacht on the date u0026 place mentioned in Clauses 1 u0026 2(a), but if for any cause delivery the yacht should be unavailable, the Charterer shall have the right of choice of one of the following possibilities: I. to prolong the period of charter by the same length of time by which the delivery has been delayed, provided that the following charter commitment of the yacht allows it u0026 the Owner agrees. Excess II. To leave the date of termination unchanged and to be refunded by the owner with an amount proportional to there time by which delay delivery was delayed at the rate corrseponding to the total charter fees in Clause 1. Hereof. III. If the delay exceeds 1/4 of the total charter time, to cancel this Agreement u0026 be refunded by the Owner with the total amount paid for this charter. In any of the events mentioned in this Clause, neither party shall be liable to pay to the other compensation for any loss or damage resulting from the curtailment or the cancellation of this. Redelivery 3. The Charterer agrees: (return) of a) to redeliver the Yacht to the Owner at ALIMOS cleaned-up, with all her equipment, in the yacht the same good condition as she was at take-over, at the time agreed, but unless the yacht has become a total loss, if he shall for u0026 delays any reason fail to deliver the yacht at the agreed date u0026 time, to pay to the Owner demurrage at the rate of the charter price per day of this Agreement increased by 50%, for every day, until delvery has been effected. I f he leaves the yacht at any place other than the place agreed, to pay to the owner all expences involved in transferring the yacht to the place of redelivery, 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 by the owner. Deposit u0026 b) to leave on deposit u0026 as guaranty the amount of 2.000 Eur for any loss or damage to the yacht and / or her guaranty equipment not recoverable by the insurance. The deposit shall be refunded to the Charterer , after inspection of the Yacht, her gear and her inventory by the owner. Party u0026 c) Not to use the Yacht for racing or for towing other craft, except in an emergency or generally for any purpose other than that Cruise of private pleasure of the Charterer and his party which should include not less than one qualified skipper and one limits experienced crew members, but not more than "THE MAXIMUM PEOPLE CAPACITY OF YACHT" in all at sea. d) Not to allow any person on board to commit any act contrary to the custom laws of Greece regarding fishing or under water Diving fishing nor to seek or take possession of objects of archaelogical nature or value , otherwise this Agreement shall terminate and Laws the Charterer shall carry alone any responsibilities and shall answer alone to the appropriate Authorities. Towing e) to avoid to bring the yacht in any condition in which the yacht will need to be towed to any point by another vessel, but if this situ- the yacht tion arises, to negotiate u0026 agree with the captain of the other vessel on the price to be paid, before allowing the yacht to be towed. IF YOU ARE IN NEED OF A TOW, PLEASE FIRST CONTACT US WHEN POSSIBLE. IF YOU ABSOLUTELY NEED TOWING FROM ANOTHER BOAT NAGOTIATE/AGREE ON A PRICE FIRST AND PUT THE AGREEMENT ON RECORD (video will do as well) . GO FOR A FRIENDLY YACHT IF POSIBLE!! ALWAYS THROW YOUR OWN MORRING LINE OR WARP TO BE TOWED, ACCORDING TO INTERNATIONAL MARINE LAW, ACCEPTING A LINE FROM ANOTHER VESSEL WHEN IN NEED,  CAN AUTIMATICALLY MEAN ACCEPTING HER AND CAN COST ANY AMOUNT ACCORDING TO INTERNATIONAL MARINE LAW! Restrictions f) Not to leave the port if the wind force is predicted to be over 6 Beaufort or if the harbor Authorities have imposed a prohibition in leaving of sailing or while the yacht has unrepaired damage or any of her vital parts: engine,sail, rip, bilge pump, anchoring gear,navigation , port lights, compass,safety equipment etc. are not in good condition or if weather conditions are doubtful. Use of g) to reduce canvas when necessary, insuring comfortable sailing without excessive stress on the riggin u0026 sails, not to sail in any canvas area not sufficiently covered by the charts, not to sail at night without all navigation lights functioning. inform h) to report by telephone to the owner in the event of any damage to the Yacht. information i) to study any printed matter pertaining the proper handling of the yacht u0026 to the conditions of the cruising area. IT IS HEREBY u0026 FURTHER AGREED by and between the parties hereto: Chartereru0027s Sailing 4. This Agreement is entered into on the basis of the Chartereru0027s competence in Sailing, seamanship u0026 navigation stated by him in Qualifications writing u0026 in the event of any error, omission or misinterpretation in this respect being subsequently discovered, the Owner shall be entitled to terminate this Agreement forthwith and to retain the charter fees. Test of 5.The Owner may require the Charterer u0026 his crew to demonstrate their competence in handling u0026 navigating the yacht safely by chartereru0027s actually operating the Yacht at sea with the Owner abroad u0026 should the Charterer fail to satisfy the Owner, the Owner may terminate sailing this Agreement or place a seaman abroad the yacht, if available, for as many days as necessary for the safety of the yacht u0026 skills. her passengers. Acceptance 6. Before signing the Agreement, the Charterer has the right to inspect the yacht, her gear u0026 her inventory thoroughly to of the yacht ascertain that all is in good working condition Running 7. After take-over, expenditures for port-dues,water,fuels,oils u0026 any other stores required, as well as the repair of any damage or expences failure that may occur while the yacht is in the Chartereru0027s responsibility, shall be made by the Charterer at his expence, provided that he previously obtained the consent of the owner for the technical suitability of the repair to be made. In the case of repairs or damages resulting clearly from normal u0026 natural wear, the Charterer shall obtain the Owneru0027s consent with regard to the cost, and shall collect the pertinent receipts against which he will be refunded by the Owner at the end of the charter. Damages 8. If any damage or accident is caused by the Yacht, the Charterer shall request from the Port Authority to ascertain the damage or accident u0026 circumstances in which it had been caused and to make a written record about it and shall notify the Owner at the same time. Cancellation 9. In the event of cancellation by the Charterer, for any reason, except as mentioned in Clause 2 ( iii ), all advance payments made premature up to the date of cancellation will be retained by the Owner and the Owner can refund the said deposits only if he succeeds in termination letting the yacht to another charterer for the same period 10. Should the Yacht become an actual or constructive loss before or during the charter period, this Agreement shall be deemed to Total loss be at an end and the Charterer shall recover by the Owner all charter monies paid in advance to the Owner, provided that the of the Yacht Charterer or his crew was not responsible for the loss. Agents. 11. The Agents act in good faith on behalf of both Owner u0026 Charterer u0026 in no way incur any liability for any acts, matters or things done committed or ommitted by either party. Arbitration 12. In the event of any dispute arising between the two parties, shall be reffered to two Arbitrators in Greece, one to be of disputes appointed by each party, whose decision shall be final or to an Umpire to be appointed by such Arbitrators, if u0026 when they shall disagree, the decision in such event of The Umpire to be final. SPECIAL PROVISIONS / additional conditions if any)