Lucky 7 - Refit 2021

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

Validity The signature of this Agreement by the Owner and/or his Agents becomes valid and binds the Owner to his obligations hereinafter mentioned only on condition that the Owner will actually receive the sums of the payments as indicated in Clause 1 above, in time. The Charterer and their crew acknowledge that sailing is an adventurous activity involving potential challenges influenced by natural conditions. Individuals undertaking responsibility for operating the Vessel and ensuring the safety of passengers must possess the necessary skills, experience, and physical readiness to face such challenges. The Owner and/or agents shall not be held liable for any incidents resulting from the incompetence, negligence, or inexperience of the Charterer, their crew or passengers The Owner agrees To fit out the Yacht and to hand her to the Charterer, without crew, clean, ready for sea, with all the gear and agreed equipment and in proper running and seaworthy condition at the agreed location mention in the first page of the charter party. To insure the Yacht and her equipment against fire, marine and collision risks and third party damage and against any and all loss or damage in excess of (2000 euro ) and the Charterer shall therefore be relieved of any and 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. The owner 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 To employ every reasonable effort to ensure delivery of the Yacht on the agreed date and place mentioned in front page, but if for any cause whatsoever the yacht shall not be available, the Charterer shall have the right of choice of one of following possibilities: Provided that the following charter commitment of the Yacht allows it and that the Owner agrees, to prolong the period of charter by the same length of time by which the delivery has been delayed. To leave the date of termination unchanged and to be refunded by the Owner with an amount proportional to the time by which delivery was delayed at the rate corresponding to the agreed total charter fees. If the delay of delivery exceeds one fourth (1/4) of the total charter time, to cancel this Agreement and be refunded by the Owner with the total amount paid for this charter. To accept a similar boat option suggested by the owner In any of the events mentioned in this Clause, neither party shall be liable to pay to the other any other compensation for any loss or damage resulting from the curtailment or the cancellation of this Agreement. In the event that the Owner sells the Vessel prior to the commencement of the charter and no suitable replacement vessel of similar or superior standard is available, the Owner reserves the right to cancel the charter. In such case, the Owner shall refund to the Charterer all charter fees paid up to that date, in full and without delay. The Charterer agrees: To redeliver the Yacht to the Owner at the agreed date, time and place, together with all her equipment, in the same good condition as she was at take-over. If he shall for any reason, weather conditions included, fail to deliver the Yacht at the aforesaid date and time, to pay to the Owner demurrage at the rate of the charter price per day of this Agreement increased by fifty percent (50%), for every day of fractional part of a day thereafter until delivery has been effected. 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 place of redelivery and pro-data demurrage as above for the number of days required for this transfer, as well as for any loss or damage which may occur on or to the Yacht until she has been taken over again by the Owner. In case the yacht has a following charter which will not be able to start because of the charterer’s negligence /failure to return the yacht to the agreed position, date and time then the charterer will be liable for the 50% of the lost charter rate The Charterer shall provide a security deposit of 2000 Euros at the time of embarkation on the Vessel by pre-authorization of a credit card (or in cash, if applicable). The deposit shall be refunded in its entirety upon the return of the Vessel, unless damage or defects on the Vessel or its equipment are identified during the handover, or unless there are claims by the Owner, DMS Sailing, or third parties related to the Vessel's usage. In case of loss or damage to the Vessel, its equipment, or specific parts, the Owner shall retain or charge a portion or the entire deposit corresponding to the cost of indemnification, repair, replacement, or acquisition of the affected items. If the damage results in the Vessel being unable to continue charter operations, the Owner has the right to retain an amount reflecting the loss of profit. If the Charterer causes damage exceeding 50% of the refundable deposit, during the period of the charter then in order to continue the charter - they must provide a new refundable security deposit immediately upon notice or repair. Failure to provide a new deposit allows the Owner to terminate the charter, and the Vessel must be returned to the location specified in the contract. If the Charterer causes damage rendering the Vessel unfit for further chartering during the contract period, they must disembark upon the Vessel's return, with no refund from the Owner. Damages covered by insurance which are not immediately reported to DMS Sailing and/or to the owner, will not be acknowledged as per the insurance policy. In this case the Charterer is personally responsible for total damages as a result of not reporting or late reporting of damages. Damage to the underwater part of the Vessel must be followed by Vessel inspection executed out of the water, at the expense of the Charterer, if he is to be held responsible for this damage. Not to use the Yacht for racing, regatta or any other activity other than of private pleasure of the Charterer and his party. Professional Crew training is not allowed as part of the yacht operation Towing of any type of craft is not allowed unless an emergency and in case of emergency needs to be done only with the written consent of the owner The use should include not less than one (1) qualified skipper and one (1) experienced crew member, but not more than the mentioned in the Charter conditions in front page number, in all at sea, or to accommodate aboard any person other than those shown on the crew/passenger manifest nor to take the Yacht or permit her to be taken outside the area of the Greek seas nor to sublet the Yacht without the written consent of the owner. The Charterer and/or their captain is solely responsible for ensuring the accuracy of the crew list and verifying the information of all passengers onboard. Any penalties resulting from errors in the crew list shall be paid by the captain, who is fully accountable for the individuals allowed onboard at any given time. Not to allow any person on board to commit any act contrary to the customs laws of Greece or of any country or contrary to the laws pertaining to fishing or under water fishing nor to seek and/or take possession of objects or archaeological nature or value and that in case any such act is committed this Agreement shall thereupon terminate, but without prejudice to any rights of the Owner and that the Charterer shall carry alone any resulting responsibilities and he shall answer alone to the appropriate Authorities. To take every possible preventive measure and precaution 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 should such a necessity arise, in-spite of the Charterer's efforts, to notify immediately the owner and if such a contact is impossible, to negotiate and agree with the captain of the other vessel on the price to be paid, before allowing the Yacht to be towed. Failure to comply with this clause and having agreed with the towing without informing the Owner or DMS Sailing - charterer undertakes to cover the cost that will be requested by the owner of the boat that has provided this requested assistance. Not to leave a port or anchorage if the wind force is or is predicted to be over six (6) of the Beaufort Scale or if the harbor Authorities have imposed a prohibition of sailing or while the yacht has unrepaired damage 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. To promptly reduce canvas and not to 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 to 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 Night sailing is not allowed unless an emergency To report to the Owner at reasonable intervals the position and state of the yacht and of her passengers, as well as in the event of any damage to the Yacht. IT IS HEREBY FURTHER AGREED by and between the parties hereto: This agreement is entered into on this basis of the Charterer's competence in sailing, seamanship and navigation stated by him in writing and in the event of any error, omission or mis- interpretation in this respect being subsequently discovered, the Owner shall be entitled to terminate this Agreement forthwith and to retain the Charter fees. In case that there is a technical issue during the charter period that detains the Charterer in using the Vessel, DMS will provide assistance within 24 hours (unless it is a public holiday and a part needs to be ordered) from the moment when the complaint was made. Solving the complaint releases DMS and /or the owner from any and all claims arising from the fact that the technical issue happened The Charterer undertakes to be in possession of valid navigation licenses for Greece according to the Greek authorities - or he is obliged to leave the navigation of the Vessel to a crewmember that has the relevant permit or license. The Charterer guarantees DMS and the owner his own nautical knowledge and competence in that area, both his own and the qualification of his crew, as well as his ability to operate the Vessel safely without regard of weather conditions or any other circumstances, taking over full responsibility for rational exploitation of the Vessel and her equipment. In case the Charterer or their captain does not possess a valid sailing certificate accepted by the Greek authorities, resulting in the port police denying departure clearance, the Charterer shall bear full responsibility. No amount shall be refunded by the Owner under such circumstances. If DMS and or the owner comes to conclusion that the skipper or at least one member of his crew do not possess appropriate and necessary knowledge and nautical competence, DMS may make a breach of this Contract any time without being obliged to reimburse any paid amount or, in accordance with the established competence, he may determine the limits of sailing for the duration of this Contract. DMS has been authorized for making such limitations if weather conditions or some other serious reasons should force DMS and or the owner to do so. For the reason of establishing the nautical competence of the Charterer and his crew, DMS may organize a shorter common navigation with the Charterer. If required by the safety reasons, DMS is allowed to require the Charterer and the crew to return the Vessel to the base or instruct them to moor on a specific location The Owner (or his representatives) may require the Charterer and his crew to demonstrate their competence in handling and navigating the Yacht safely by actually operating the Yacht at sea with the Owner (or his representative) aboard and should the Charterer and/or his crew fail to satisfy the Owner in this respect, the Owner may terminate this Agreement or place aboard the Yacht a seaman, if one acceptable by both the Owner and the Charterer, is available, at the expense of the Charterer, for as many days as the Owner will consider necessary for the safety of the Yacht and her passengers and any time required for this test of the Charterer's competence and seamanship will be part of the agreed Charter period. DMS and or the owner is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party caused by the Charterer or members of his crew for the duration of this Contract. All current expenses of the Vessel use for the charter period (fuel, harbor taxes, indemnity, cleaning and similar) should be paid by the Charterer. This also refers to the obligations which may arise from the Vessel use, and which may become due after the expiration of this Contract. The cost of water and electricity in Alimos marina is on charterer’s behalf as a part of the boat expenses The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as designated in Clause 1. The time required to demonstrate the Yacht to the Charterer and to familiarize him with her shall be part of the agreed charter time. The free use of the Yacht will be granted to the Charterer after he has signed the Take-Over form. Before signing the acceptance statement, the Charterer shall have the right to inspect the Yacht, her gear and her inventory thoroughly to ascertain that all are available and in good working condition, except as may be noted thereon, but the signature of the Take-Over form by the Charterer shall be deemed to imply acceptance of the Yacht which thereafter will be in the Charterer's full responsibility and the Charterer shall have no right to claim for any loss of time or expense occasioned by any accident or breakdown or failure of any part of the Yacht. If any accident or damage is caused by the Yacht, the Charterer shall request from the nearest Port Authority to ascertain the damage or accident and the circumstances in which it has been caused and to make a written record and statement about it and he shall notify the Owner at the same time. The Charterer is obliged to observe all navigation rules and orders made by authorized government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report DMS on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to DMS and or the owner in the same condition in which the Charterer had received her (Vessel has to be properly clean, the equipment has to be arranged, the fuel tank has to be full etc.). Damage or failure that may occur while the yacht is in the Charterer’s responsibility and which are not the result of normal and natural wear shall be made by the Charterer at his expense, 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 of damages or failures resulting clearly from normal and natural wear, the Charterer shall previously obtain the Owner’s consent with regard to the cost and technical suitability of these repairs and the Charterer shall collect the pertinent receipts against which he shall be refunded by the Owner at the end of the charter DMS will deliver the boat documents to the charterer upon siging of the handover protocol. Charterer is solely responsible for returning these documents to DMS. Cost resulting from losing the boat documents is on charterers behalf and amounts to 2000 Euros which needs to be paid on spot Charterer needs to check that his chain is safely attached (tied) to the boat’s body and is solely responsible in case he drops all the chain into the sea for the cost of retaining the chain back on the boat, potential costs that may arise from such loss or cost of replacing both chain and anchor in case retaining is not possible. The charterer authorizes the owner to sign on his behalf any paperwork concerning the Greek authorities regarding the charter. 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 and the Charterer shall recover from the Owner all charter money paid 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. CANCELLATION OR PREMATURE TERMINATION In the event of cancellation of the charter by the Charterer, signing this Agreement, all advance payments made up to the date of cancellation will be retained by the Owner, and the Owner reserves the right to refund the said deposits only if he succeeds in letting the Yacht to another Charterer for the same period and under the same conditions. In the event that the Charterer should elect to terminate the charter and deliver the Yacht prior to the date designated in this Agreement, the Owner shall not be liable to the return of any proportional part of the hire money. MISCELLLANEOUS Subject to the limitations set out in these terms and conditions and to the extent permitted by law, DMS and the boat owner shall only be liable for direct damages actually suffered, paid or incurred by the Charterer, crew or the passengers, due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation. Neither DMS nor the owner of the yacht will be liable to any person for any loss, damage, injury, or death that results from the Charterer’s use of the yacht. DMS makes no representations other than those contained in these terms and conditions and written materials provided as part of the booking procedures. DMS and the owner will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason whatsoever. The Charterer will indemnify and hold DMS and the owner of the yacht harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the yacht and related equipment or other inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the yacht or dinghy. All amounts stated include the current local taxes, fees and charges. In case of any changes in local tax, fee or other legislation, DMS reserves the right to adjust the prices accordingly. Charter price is calculated with current VAT status of 12%. If by the time of the charter the law regulates for a different VAT to be paid then the difference (positive or negative) is to be adjusted on charterers behalf Sailing area and restrictions The boat will sail to the Saronic Gulf, Cyclades area and in some cases the Ionian sea with the written consent of the owner. Sailing within the Cretan Sea and sailing to the island of Crete is not allowed The Agents of the Owners ( 2 ) act in good faith on behalf of both Owner and Charterer but contract as Agents only and in no way incur any liability for any acts, matters or things done, committed, omitted or suffered by either party, except for the responsibilities provided by the pertinent legislation of Greece. The Charterer hereby authorizes the owner to sign on charterer’s behalf to the port authorities for the specific charter. In the event of any dispute arising between the parties hereto with respect to this Agreement or anything herein contained the same shall be referred to two Arbitrators in Greece one to be appointed by each party, whose decision shall be final or to an Umpire to be appointed by such Arbitrators, if and when they shall disagree, the decision in such event of the Umpire to be final