Evnia

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

NOSTALGIA Sailing agrees... 1. To fit out the Yacht and to hand her to the Charterer, without crew, afloat, clean, ready for sea, with all the gear and equipment indicated in its inventory list and in proper running and seaworthy condition at Volos. 2. To employ every reasonable effort to ensure delivery of the Yacht on the date and at the place mentioned in the Booking confirmation, 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: I. Provision of an alternative yacht. The alternative yacht has to be of the same category (e.g.monohull for a monohull / catamaran for a catamaran) and contain the same number of cabins/heads with the initially booked yacht. Manufacturer brand or age of model is not a restrictive factor for the alternative yacht. If there is difference in the price of the alternative yacht, this difference is covered by NOSTALGIA Sailing. In case of more than one alternative options for yachts, the Charterer may select the one to charter. II.To leave the date of termination unchanged as in the Booking Confirmation 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 total charter fees. III. 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. In any of the aforementioned events, 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 Booking. 3. The options II. and III. apply only in the case that no alternative yacht has been offered to the Charterer. In different case, NOSTALGIA Sailing and the Charterer follow the option I. 4. The Charterer agrees: a. To redeliver the Yacht to the Owner at Volos cleaned-up, together with all her equipment, in the same good condition as she was at take-over, but, unless the Yacht has become a total loss, if he shall for any reason 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 charter booking, increased by fifty percent (50%), for every day or fractional part of a day there-after until delivery has been effected. If he leaves the Yacht at any place other than NOSTALGIAu0027s base, to pay to the Owner all expenses involved in transferring the Yacht to the place of redelivery and pro-rata demurrage as above for the number of days required for this transfer, 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 again by the Owner. b. To leave on deposit and as guaranty with the Owner on taking over the Yacht the amount of 2.000 € to meet in whole or in part any claim by the Owner in respect of any loss or damage to the Yacht and / or her equipment not recoverable under the policy of insurance and for any claim by the Owner in respect of the provisions. The aforesaid deposit shall be refunded to the Charterer, subject to the provisions above, after inspection of the Yacht, her gear and her inventory by the Owner. 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 of private pleasure of the Charterer and his party which should include not less than ONE (1) qualified skipper and ONE (1) experienced crew members, but not more than 8 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. d. Not to allow any person on board to commit any act contrary to the custom 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 of 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. e. 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 Chartereru0027s efforts, to negotiate and agree with the captain of the other vessel on the price to be paid, before allowing the Yacht 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 harbor Authorities have imposed a prohibition of sailing or while the Yacht 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 Yacht or its crew or a combination of them concerning the safety of the Yacht and her crew is doubtful. g. When necessary, 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, not to sail the Yacht at night without all navigation lights functioning or without sufficient watch on deck. h. To keep the Yachtu0027s Log Book up to date, noting each day the port of call, the state of the Yacht and its equipment, any change in the composition of the crew when at sea, regularly, the times positions, weather conditions, sail plan and hours of engine operation. i. To plan and to carry out the Yachtu0027s itinerary in such a manner as to reach the port of call farthest away from the point at which the Yacht must be returned to the Owner (Turn-Around Point) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the Yachtu0027s port of call shall lie at a distance not greater than forty (40) N.M. from the point at which the Yacht is to be returned to the Owner. k. To report by telephone or cable to the Owner at reasonable intervals (every 3 days) the position and state of the Yacht and of her passengers, as well as in the event of any damage to the Yacht. l. To study and acquire a working knowledge of any printed matter pertaining to the proper handling of the Yacht and to the conditions in the cruising area which may be made available to him by the Owner. 5. This agreement is entered into on this basis of the Chartereru0027s 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 charter forthwith and to retain the Charter fees. 6. 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 cancel this charter 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 Chartereru0027s competence and seamanship will be part of the agreed Charter period. 7. The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as designated in the Booking Confirmation. 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. 8. 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 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 Chartereru0027s 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. 9. 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 Chartereru0027s 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 Owneru0027s 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. 10. 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. 11 a. In the event of cancellation of the charter by the Charterer, for any reason all advance payments made up to the date of cancellation will be retained by the Owner. In the event that the Charterer should elect to terminate the charter and deliver the Yacht prior to the date designated in the Booking Confirmation, the Owner shall not be liable to the return of any proportional part of the hire money. 11 b. The Owner reserves the right to cancel a charter without refunding obligations in the case that the charterer shows negligence or incompliance with the Greek regulations or any term of NOSTALGIAu0027s Policy. 12. Should the Yacht become an actual or constructive total loss before the charter period, NOSTALGIA Sailing and the Charterer shall follow terms 2 I. II. III. (yacht not available). 13. It is entirely the Charterer’s responsibility to organize all necessary documents required by the Greek Authorities to enter Greece and/or charter a yacht at the time of travel. Failure of the Charterer and his crew to provide this, may lead to violation of check-in date and time and standard cancellation terms may apply. However, a last-minute cancellation of scheduled flight due to Covid conditions qualifies the Charterer for a voucher equal to the total freight of this contract, valid for 365 days from the cancellation date.