Sanguinho

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

GENERAL CONDITIONS 1. SCOPE OF SERVICES The scope of this Charter Agreement (or “Agreement”) is the charter of the Yacht described in the Particular Conditions (“PC”) between the Owner, MONTEIRO u0026 CASTANHEIRA, LDA and the Charterer (previously identified in the PC) collectively referred to as the “Parties This Charter Agreement (or “Agreement”) is composed by these General Conditions (hereinafter “GC”) and by the Particular Conditions (“PC”)”. 2. TERM OF THE AGREEMENT This Agreement shall be deemed to have entered into force on the date of its signature. 3. RENTAL PRICE The rental price includes the use of the fully equipped Yacht, Yacht insurance exceeding the contracted deposit and personal insurance for the crew. The rental price does not cover costs of fuel and other necessities, the skipper`s fee, and other additional services such as marina and berthing costs, water, electricity and local taxes during the charter period. 4. METHOD OF PAYMENT 4.1. The Charterer agrees to hire the Yacht and shall pay the Charter Fee, the Security Deposit, the AdvaAnllcoewaPnrocveisaionnding any other agreed charges, in clear funds, on or before the dates and to the Account specified in the PC. 4.2. Method of payment: 4.2.1 40% of the rental price on the reservation date. 4.2.2. 60% of the rental price two weeks before charter check-in date. 4.3 The Owner may cancel this Agreement in case the Charterer fails to meet payment deadlines. 5. OBLIGATIONS OF THE CHARTERER 5.1. The Charterer agrees to sail within the Azorean territorial waters (written permission must be obtained for any exception). 5.2. The Charterer agrees to treat the Yacht and all the equipment that makes part of it (or that is necessary for the navigation) with carefully and according to naval laws, standards and ethics. 5.3. The Charterer agrees not to rent or lend the Yacht to any other person, not to use the Yacht in any competition(s), not to use t he Yacht for commercial purposes, such as, commercial fishing, sailing courses etc., not to board more crew than stated in the c rew list, not to board pets or other animals, not to use the Yacht in unfavorable weather conditions, not to undertake to steer t he Yacht at night, but only in safe weather conditions. 5.4. The Charterer is obliged to respect all customs and other rules and regulations, to keep the log book correctly and hand it over to the Owner at the return of the Yacht. 5.5. The skipper is the only person authorized to handle the Yacht. Therefore the skipper shall present a valid maritime license (for example, an ICC - International Certificate of Competence) and a valid VHF marine radio station license in order to handle the Yacht described in the PC. 5.6 The Owner keeps the right to refuse a yacht to leave the marina if the skipper doesnu0027t show enough experience upon the arrival. Until a new skipper is arrange and accepted by the owner the yacht must stay in the marina. 5.7. The Charterer undertakes to watch the weather forecast in order not to bring into danger the Yacht`s safety and to avoid delayed delivery. 5.8. The Charterer undertakes to inform the Owner in case of delay in returning the Yacht. 5.9. The Charterer undertakes to inform the Owner immediately in case of damage during the renting period and/or if the Yacht needs to be repaired in case of the damage during the renting period. 5.10. The Charterer undertakes to inform the nearest police department immediately and ask for a copy of the report in case of disappearance of the Yacht, equipment or any other accident worth to have a police report. 5.11. The Charterer undertakes to return the Yacht in agreed place and time, in good condition and with full fuel-reservoirs. 5.12. The Charterer undertakes that in case of delay in returning the yacht in the agreed place and time, the Chartered shall pay: 5.12.1. the daily rental price - if the delay is up to 3 hours and 5.12.2. three times the daily rental price plus all costs borne by the Owner – in case of delay exceeding 3 hours and for each and every commenced day of delay. 5.13. In case the Yacht is not returned to the agreed place 7 days after the agreed time, the Owner will consider the Yacht stolen and will therefore inform the police and the insurance company to take the steps for further legal procedure. 5.14. The Charterer undertakes to check carefully the Yacht`s condition and equipment according to the inventory list when taking it over. 5.15. In case of non-compliance with the obligations herein contained, the Charterer should be responsible for all the conse- quences and expenses caused. The Charterer agrees that the Owner settles the expenses from the deposit paid when accepting the Yacht. 5.16. In case the Charterer request a skipper from the Owner, the skipper has authority over the safety navigation of the Yacht, routes, weather anchorages, and also over the safe use of all the equipment and all the activities on board. 6. YACHT DOCUMENTS The Charterer will receive all valid documents needed for rental and is required to take proper care of them during the rental period. 7. OBLIGATIONS OF THE OWNER 7.1. The Owner`s obligation is to ensure that the Yacht is delivered at the time agreed by the Parties (until 6 pm on the check in date) in good condition, clean and tidy, ready to sail (full fuel and water tanks) and fully equipped. 7.2 The Owner keeps the right to offer one of the Yachts from his own fleet first, and only if unable to provide such a Yacht, he should offer a replacement Yacht of another charter company within 24 hours. 7.3 In case the Owner fails to deliver a replacement Yacht as stipulated above, then the Owner should provide the Charterer with the following possibilities: 7.3.1. extension of the Charter period for a period equal to the period of delay in delivery (if possible), or, 7.3.2. a pro rata rebate of the rental price for every complete period of 24 hours elapsing between the due time of delivery and the time of actual delivery. 7.4. Lateness in the delivery by the Owner shall not entitle the Charterer to any other additional compensation for damages. The Charterer will not be entitled to refuse delivery when the delay does not exceed 48 hours. If delivery is tendered more than 48 hours late, the Charterer may refuse to accept delivery by notice to the Owner to terminate the Agreement which shall thereupon become null and void. In this later case, the Owner ́s liability to the Charterer will be strictly limited to the repayment without interests of the rental price within 5 days from the date of termination. 7.5. If the Charterer fails or refuses to accept delivery within hours of the yacht delivery, the Owner shall have the option to give notice to the Charterer cancelling the service, in which case 100% of the rental price shall be retained by the Owner. 7.6. The Owner will not be responsible for any injuries resulting from the activities on board, at sea or in land during the term of this Agreement. 8. DEPOSIT Prior to the rental, the Charterer is required to pay a deposit in height of 2.000 Eur . (the deposit can be paid in cash or by credit c ard). The deposit will be returned in full to the Charterer provided that the Yacht is returned on time, clean and tidy, not damaged and fuel tank(s) are full. Even if the Yacht rental includes a skipper`s service, the Charterer is required to pay a refundable deposit that does not cover costs related to the skipperu0027s negligence and careless operation of the Yacht and equipment. In case ofdamages or loss equipment, then the Owner may withhold a part (or the whole) of the deposit till the final settlement of expenses, according to the extent of damage). 9. RENTAL CANCELLATION 9.1 In the event of the Chartereru0027s cancellation of the booked accommodation onboard due to any reason whatsoever, the Charterer shall be obliged to notify the Owner thereof in writing, and in respect, he shall be charged as follows: 9.1.1. up to 25% of the rental price if the cancellation has been done up to 15 calendar days prior to the starting date of accom- modation 9.1.2 up to 100% of the rental price if the cancellation has been done less than 15 calendar days prior to the starting date of accommodation, 9.1.3 up to 20% of the rental price if the Owner has managed to find another client for the cancelled period. 9.2. The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges. 9.3. Should the Chartereru0027s cancellation be caused by a serious damage of the Yacht during prior bookings the Charterer shall be compensated by an alternative Yacht with the same or similar features and/or equipment. 9.4. In the event of damage or loss of any parts of the Yacht during the prior accommodation, which are not essential for the navigation safety, and should a course or event be cut short by the breakdown or damage of the Yacht before the starting date of the following accommodation, the Charterer shall not be entitled to any cancellation of the service or reduction of the rental price. 10. DAMAGE 10.1. When accidents or damages occur the Charterer is obliged to write an “Accident report” and verify it by the harbour master, police, by the doctor or at least by two individuals. 10.2. For all damage occurred, regardless of the cause, the Charterer is required to immediately inform the Owner who will notify the Charterer on how to rectify the problem. The damage must be repaired carefully. The Charterer will be charged for all unauthorized repairs and replacements. The Charterer can order a repair only in agreement with the Owner. The agreement must be in written form (email provided with a signature of the Owner or authorized personnel). The same procedure is in use in case of a theft, inefficiency for maneuverer, confiscation or at any other obstacle for navigation, caused by either official or third parties. 10.3. If there are some minor damages and losses during the rental period, the Charterer covers all expenses of repair and substitute of equipment or inventory. The same goes for the damage on the Yacht and equipment caused by careless usage. The damage must be reported to the Owner and repaired with care if necessary. For the repair the Charterer must get the Owner`s agreement in written form or the Owner is not obliged to refund the expenses. Charterer is obliged to note the damage and the course of repair in ship`s log. 10.4. In case of bigger damages and accidents (for instance: if the Yacht cannot be operated or if the Yacht is confiscated and must not be moved by the decree of competent agency) the Charterer must firstly inform the Owner and follow his instructions. 10.5. If the damage of the Yacht, caused by higher forces, makes it partially or entirely impossible for further rental, or if there is guilt of a third party, the Charterer is not entitled to any compensation. 10.6. If at the time of the damage (or in the time of the charter) the cause for the damage cannot be determined, the Owner holds back the rent and deposit until the cause of the damage is determined. In such case the damage is inspected by a sworn valuator (valuator must be recognized by the insurance company which insured the Yacht) and the written report is presented to the Charterer. If it is obvious from the report that the cause for the damage is in irregular and careless use of a Yacht during the time of the charter the Charterer will be responsible for all expenses and must also pay the amount of 2 000 Eur. If it is obvious based on the report that the cause for the damage is not the Charterer`s fault, the Charterer has the right to the partial refund for the days when he could not use the Yacht. All other expense claims (traveling expenses, overnight stays, refund for lost days and ruined vacation...) are excluded. 10.7. The Charterer must always do his best to prevent any greater damage and he is also responsible for all the damages, accidents or losses caused by his own crew. 11. RETURNING THE YACHT (CHECK-OUT) 11.1. The Charterer is required to return the Yacht to the Owner on time at the agreed upon destination. The Yacht must be clean and tidy, not damaged, and the fuel tank(s) must be full. If the Yacht is not returned on time to the agreed upon destination, the Charterer is required to pay three times the regular daily price for each day overdue (each day begun is considered a full day) and to pay for costs related to the late return. The late return can be justified in the case of Force Majeure (including, but not limited to, strikes, lock-outs or other labor disputes, civil commotion, riots, blockade, invasion, wa,r fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, major mechanical or electrical breakdown beyond the crew`s control and not caused by the Owner`s negligence) provided that the Charterer immediately informs the Owner . Costs for lost or damaged Yacht parts and/or equipment caused by the Charterer and his/her crew due to negligence and careless operation of the Yacht will be deducted from the deposit. 11.2. Should the fuel tank(s) not be full, the Owner will deduct the required amount to fill the fuel tank(s) from the deposit ( 2€ per liter ). In case of damage or loss of equipment the Owner keeps (according to the extent of the damage) a part of whole deposit till the final settlement of expenses. 12. INSURANCE The Yacht, equipment and crew are insured for all damages and losses exceeding the deductible. The Yacht and the Yacht leader are insured for damages done to a third party. All damages and/or losses covered by the insurance must be immediately reported to the Owner in written form. 13. RESPONSIBILITY OF THE CHARTERER 13.1. The Charterer is required to pay the Owner for all material and legal costs not covered by the insurance that are the result of the Chartereru0027s deeds and negligence that the Owner may be responsible towards a third party. 13.2. The Charterer is particularly responsible in the case of Yacht confiscation due to unlawful activity. 13.3. In the case of accident and/or shipwreck, the Charterer is required to record the course of events or obtain a written note from the Harbour Masteru0027s Office, from a doctor or from other authorized parties, as well as to immediately inform the Owner. In the case that the Yacht is missing, confiscated, or sailing is not possible or is forbidden by an authorized party or other, the Charterer is required to inform the Owner and the authorized parties. 14. LOSS OF PROPERTY The Owner is not responsible for the loss and/or damage to the Chartereru0027s or a third partyu0027s property placed on the Yacht, in Owner office, vehicle, on the peer, or anywhere in the Marina. 15. COMPLAINTS Only written complaints made when returning the Yacht (check-out) and signed by both Owner`s representative and the Charter- er personally, will be taken into consideration. If the Charterer does not follow these conditions he takes over the responsibility for all compensation claims from the Owner or from third parties. 16. CANCELATION The Owner reserves the right to alter the Yacht charter arrangements should unforeseen circumstances arise (e.g. adverse weather forecast, yacht damage or failure, delay from an earlier charter). Should cancellation be necessary before start date, the Owner will, if possible, offer alternative dates or another Yacht. The Owner will then be under no further liability. 17. “FORCE MAJEURE” 17.1. Notwithstanding any other terms hereof, the Owner shall not be responsible for any loss, damage, death or injury arising or resulting from any act of God; act of war; act of public enemies; pirates or assailing thieves; arrest or restrained of princes, rulers or people, or seizure under legal process; strike or lock-out or stoppage or restrained of labour from whatever cause, whether partial or general; riot or civil commotion; perils or dangers of the seas or other navigable waters or accidents of navigation; fire or from any other cause of whatsoever kind beyond the control of the Owner . 17.2. Where a cancellation is by reason of factors outside company’s control, the Charterer will not have the right to refund. The Charterer will have the opportunity to rebook the charter in the present season or the following season with only the cost relative to the difference of the season price. 18. ARBITRATION CLAUSE 18.1. Any misunderstanding or dispute should be first solved amicably. 18.2. Failing this, any controversy, dispute, or claim arising out of or relating to this Agreement, including such relating to its breach, termination or invalidity thereof, shall be finally settled in the Ponta Delgada Court (“ Tr ibunal Judicial de Ponta Delgada”) according to the Portuguese laws. 18.3. The language shall be Portuguese. 19. MISCELLANEOUS 19.1. The Charterer shall read carefully this Agreement and by signing it, the Charterer agrees with the full provisions herein contained. 19.2. The Charterer acknowledges and recognizes to be responsible for all the members of his own crew and his guests. 19.3. The Charterer will bear its own costs, included but not limited, to the costs holiday (namely airfares, transportation, travel-ling expenses, accommodation and meals). 19.4. Compensation claims are limited to the height of charter. The Owner will not be entitled to pay any monies for refund for pain and fears, refund for lost days and ruined vacation.