Morpheus

Rédigées par la société de charter, telles quelles et dans sa langue. navi-gate n'en est pas partie.

1. Start and Ending Time of Charter, Price and Terms of Payment Windventures M.C.P.Y. (hereafter referred to as "Windventures") agrees to let on bare-boat charter and the Charterer agrees to charter the unattended specified Yacht (hereafter called "the Yacht")for the period stipulated in the charter agreement and commencing at 5 PM on the agreed starting day and ending at 9 AM on the agreed ending dayfor the sum stipulated in the charter agreement of which 50% is due to be paid by the Charterer upon the signing of the charter agreement. The balance of 50% is due and payable 30 days in advance by bank transfer. 2. Validity The signing of the charter agreement by the Charterer or his agent becomes valid and binds Windventures to her obligations hereinafter mentioned only on condition that Windventures will actually receive the sums of the payments as stated in the written booking confirmation, in time. 3. WINDVENTURESu0027 OBLIGATIONS A) Delivery 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 the Yachtu0027s inventory list and in proper running and seaworthy condition at the place of embarkation agreed in the booking confirmation B) Insurance 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 the amount quoted in the price list (security deposit) 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. C) Delayed Delivery and Excess Delay To employ every reasonable effort to ensure delivery of the Yacht on the date and at the place agreed in the charter agreement, but if for any cause whatsoever the Yacht shall not be available, the Charterer shall have the right of choice of one of the following possibilities:(I) 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. (II) To leave the date of termination unchanged as in Clause 1 hereof 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 in the charter contract (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 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 the respective charter agreement 4. CHARTERERS OBLIGATIONS A) Redelivery (Return) of the Yacht and Delays To redeliver the Yacht to Windventures at the base stipulated in the charter agreement, cleaned-up, together with all her equipment, in the same good condition as she was at take-over, at the time designated in Clause 1, 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 Windventures a demurrage at the rate of the charter price per day of the charter agreement 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 the place designated in this Clause, to pay to Windventures 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 Windventures. B) Deposit and Guarantee To leave on deposit and as guaranty with Windventures on taking over the Yacht the agreed amount as per Yachtu0027s pricelist 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 as in Clause 3 B) of these Terms and for any claim by the Owner in respect of the provisions of Clause 4 A) above. 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) Restrictions in Using the Yacht, Crew Requirements and Cruising Area 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 1 qualified skipper and 1 experienced crew member, but not more than as per Yachtu0027s documentation 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) Observance of Customs and Diving Laws 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 Windventures and that the Charterer shall carry alone any resulting responsibilities and he shall answer alone to the appropriate Authorities. E) Towing the Yacht 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) Restrictions in Leaving Port 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 unprepared 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) Restrictions in the use of Canvas 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. H) Restrictions in Navigation 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. I) Yacht Log 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. J) Itinerary 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 Windventures (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 Windventures. K) Reports of Yachtu0027s Position and State To report by telephone or cable to Windventures 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. L) Information 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 Windventures. IT IS HEREBY FURTHER AGREED 5. Chartereru0027s Competence in Sailing 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 mis-interpretation in this respect being subsequently discovered, Windventures shall be entitled to terminate this Agreement forthwith and to retain the charter fees. 6. Test of Sailing Competence by the Owner Windventures (or her 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 Windventures (or her representative) aboard and should the Charterer and/or his crew fail to satisfy Windventures in this respect, Windventures may terminate this Agreement as stated in Clause 5 above or place aboard the Yacht a seaman, if one acceptable by both Windventures and the Charterer, is available, at the expense of the Charterer, for as many days as Windventures 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. Take-Over of the Yacht The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as stipulated in the charter agreement 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. Inspection and Acceptance of the Yacht 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. Running Expenses and Repairs of Damages Unless otherwise stated in the booking, 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 Windventures 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 Windventuresu0027s 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 Windventures at the end of the charter. 10. Ascertainment of Damages 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 Windventures at the same time. 11. Cancellation or Premature Termination In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in the booking confirmation, all advance payments made up to the date of cancellation will be retained by Windventures, and Windventures 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, Windventures shall not be liable to the return of any proportional part of the hire money. 12. Total Loss of Yacht Should the Yacht become an actual or constructive total loss before or during the charter period, the booking/charter contract shall be deemed to be at an end and the Charterer shall recover from Windventures all charter money paid in advance to Windventures 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. 13. Special Provisions The special provisions if any, set out in the schedule hereto are fully accepted and form part of the charter contract. 14. Agents The agents of Windventures, act in good faith on behalf of both Windventures 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. 15. Arbitration of Disputes In the event of any dispute arising between the parties of the charter contract with respect to the charter 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. 16. Passengers permitted on the Yacht Windventures allows the embarkation and/or disembarkation of passengers to the Yacht, according to annex of the charter agreement 17. Return to base before disembarkation The yacht should be returned to the base the day before disembarkation, latest 4 PM