Aelia

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

Charter Conditions: 1. The signature of this Agreement by the Shipowner and/or his Agent becomes valid and binds the Shipowner to his obligations hereinafter mentioned on condition only that the Shipowner will actually receive by Charterer the sums of the payments stipulated herein, in cleared funds no later than the dates specified in this Agreement. 2. The Shipowner/Agent agrees, a. to at the commencement of the charter period, following full payment of the charter price, deliver the Vessel to the Charterer at the agreed embarkation port, without crew, free of encumbrance, cleaned, with all the gear, equipment and inventory listed in Stakeholder’s written quotation, in seaworthy and adequate condition as per flag state requirements and with all safety equipment as required by the Vessel’s registration authority. The Vessel is a recreational vessel and not a cruise ship and the Shipowner does not warrant neither her use and comfort in bad weather conditions nor feasibility of itinerary for all cruises and passages within the cruising area. b. to ensure the Yacht and her equipment in compliance with Greek Legislation requirements, against fire, marine and collision risks and thirdu0002party liability 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 attributed to any act or omission either willful or by negligence of the Charterer or his party. The Charterer shall remain liable for any loss, damage or liabilities arising from any act or negligence of the Charterer or his Guests aboard the Vessel not recoverable by the Shipowner under his insurance, not excluding Charterer’s liability for claims asserted by the hull underwriter (recourse). The Shipowner 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 aboard the Vessel during the charter period. c. If for any reason whatsoever the Shipowner fails to deliver the Vessel at embarkation port the latest within four (4) hours following the agreed commencement time of the charter period and delivery is made within twenty-four (24) hours, then the Charterer shall be entitled to whichever of the following mutually exclusive alternatives is feasible at the time: I. to extend the charter period by a time equivalent to the delay, on condition that the following charter commitment of the Vessel allows for such extension, or II. to receive a charter fee refund by Shipowner up to the amount proportional to the delay at a pro rata rate applicable on the charter fee, or III. if the parties mutually agree to take delivery of a reasonable substitute vessel that is objectively of equivalent level, on condition that such can be made available. It is clearly agreed that lacking a substitution vessel does not constitute breach of terms by neither the Shipowner nor the Brokers. d. In case the Shipowner/Agent fails to deliver the Vessel within twenty-four (24) hours or a period equivalent to one fourth (1/4) of the charter period, whichever period is shorter, the Charterer shall be entitled to treat this Agreement as terminated. The Charterer’s exclusive remedy will be to receive immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement. Alternatively, if the parties mutually agree, the charter period can be postponed to a mutually agreed time. In any event of delayed delivery or failure to deliver, Charterer’s exclusive remedies are limited to those stipulated above and no party shall be liable to pay any other compensation for any loss or damage, nor for any expenses including air travel and accommodation incurred by Charterer and his party resulting from the curtailment or the cancellation of this Agreement. 3. Charterer agrees, a. to re-deliver the Vessel at the agreed date, time and place, free of any debts, cleaned, together with all her equipment in the same good condition as she was at delivered. If agreed the Shipowner may arrange for cleaning and for repairs or replenishment of material lost or consumed on Chartereru0027s expense for a set flat fee. If for any reason, weather conditions included, the Charterer fails to re-deliver the Vessel at the agreed date and time and at the same good condition as she was delivered to Charterer, then Charterer shall be liable for demurrage to Shipowner at a daily rate calculated pro rata based on charter fee stipulated herein, increased by fifty percent (50%), for every day or fractional part of a day thereafter until delivery has been affected. If the Charterer shall leave the Vessel at any place other than disembarkation port stipulated herein, then Charterer shall be liable to ensure that the vessel is cared for by qualified persons until the Shipowner is able to take possession of her further he is liable to pay to the Shipowner all expenses for transferring the yacht to the place of redelivery and pro rata demurrage as stipulated above for the number of days required for this transfer and re-delivery, as well as for any loss or damage not covered by the insurance policy, which may occur on or to the Vessel until she has been taken over again by the Shipowner. b. to deposit a security bond herein referred to as “security deposit” which shall be held by the Stakeholder on Owner’s behalf and may be used in, or towards, discharging any loss, damage or liability that the Charterer may incur under any of the provisions of this Agreement. If not required the security deposit shall be refunded without interest to the Charterer, subject to the provisions above, after redelivery and inspection of the Vessel, her gear and her inventory by the Shipowner or after settlement of all outstanding questions, whichever is later. c. not to use the Vessel for transporting passengers, nor for racing (unless otherwise agreed in writing), nor for towing other craft except in an emergency, nor generally for any purpose other than that of private pleasure of the Charterer and his party which must include no less than one qualified Skipper and one experienced sailor, but not more than the maximum number of persons permitted aboard at berth and at sea as per Vessel’s licensing and documentation nor to accommodate aboard any person other than those shown on the crew / passenger list nor to take the Vessel or permit her to be taken outside the cruising area which is Greece (unless otherwise agreed in writing) nor to sublet the Vessel without the written consent of the Shipowner. d. not to commit or allow any person on board to commit any act or omission, either willful or negligent, contrary to customs, to fishing, diving or other legislation applicable at cruising area nor to seek and / or take possession of objects of archeological nature or value and that in case any illegal act is committed this Agreement shall thereupon terminate without prejudice to any rights of the Shipowner and the Charterer shall carry alone any resulting liability and shall answer alone to the Authorities and indemnify and hold harmless the Shipowner and the Agent(s) from any and all claims made by any person, entity or authority in relation to chartering the Vessel. e. to take every possible preventive measure and precaution to avoid to bring the Vessel in any condition in which the Vessel will need to be towed to any point by another vessel, but towing the yacht should such a necessity arise in spite of the Charterer’s efforts, to notify immediately the Shipowner and if such contact is impossible to negotiate and agree in writing with the captain of the other vessel on the price to be paid, before allowing the Vessel to be towed. f. 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 Port Authorities have imposed a prohibition of sailing or while the Vessel has unrepaired 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 Vessel or her crew or a combination of all are doubtful considering the safety of the Vessel and her crew. g. to when necessary promptly reduce canvas and not to allow the Vessel to be sailing under an amount of canvas greater than the one ensuring comfortable sailing without excessive strains and stresses on the rigging and the sails, not to sail the Vessel 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 Vessel at night without all navigation lights in operation or without sufficient watch on deck. h. to plan and to carry out the Vessel’s itinerary in such a manner so as to reach the port of call farthest away from the point at which the Vessel must be returned to the Shipowner (Turnaround Point) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the Vessel’s port of call shall lie at a distance not greater than forty (40) N.M. from the point at which the Vessel is to be redelivered to the Shipowner and that the Vessel shall be berthed at disembarkation port designated herein by 18.00 pm on the day prior to charter period end date. i. To report by telephone 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. j. to study and acquire a working knowledge of any printed matter pertaining the proper handling of the yacht and to the conditions in the cruising area which may be made available to him by the Shipowner. IT IS HEREBY FURTHER AGREED by and between the parties hereto: 4. This agreement is entered into on the 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 misinterpretation in this respect being subsequently discovered, the owner shall be entitled to terminate this Agreement forthwith and to retain the charter fees. 5. 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 as stated in Clause 5 above or place aboard the yacht a skipper, 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 skipper will be part of the agreed Charter period. 6. The delivery of the yacht to the Charterer will be made at the commencement of the charter period as designated on the front page. 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. 7. Before signing the aforesaid form, the Charterer shall have the right to inspect the yacht, her gear and her inventory thoroughly to ascertain that all are available 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 in any loss of item or expense occasioned by any accident or breakdown or failure of any part of the yacht . In the unlikely event, due to normal wear, of mechanical/electrical or other serious failure, the owner/agent has the right to repair the yacht, in 24 hours, from the Charterers notice to the owner/agent, without any compensation. 8. After take-over, expenditures for port-dues, water, fuels, oils and any other stores required, as well as the repair of any 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 the 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. 9. If any accident or damage is caused by the yacht,(3rd party), 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. 10. In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in Clause 2 (c) (iii), after 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 hire money. 11. 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 monies 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. 12. The agents 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. 13. 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. 14. Cancellation policy: A. 1 to 30 days prior to departure - 100% of total charter price B. 31 to 90 days prior to departure - 50% of total charter price C. 91 days or more prior to departure - 30% of total charter price 15. Return to Re-delivery Base: Return to base the evening before disembarkation, at 17h00 the latest. Check in/out procedures time is considered to be part of the charter period.