Sea Breeze

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

Bareboat Charter - Terms u0026 Conditions Hire and Payment Terms The Owner agrees to let on bareboat charter basis, and the Charterer agrees to charter the above mentioned yacht (hereinafter called "the Yacht") for the period as stated above and commencing at 17:00 on the stated starting day and ending at 09:00 on the stated ending day for the sum as stated, of which: (50% of charter price) are payable by the charterer upon the signing of thE Agreement u0026 (50% of charter price) are payable by the charterer no later than 45 days prior to charter commencement. Validity The signature of this agreement by the owner and/or his broker becomes valid and binds the shipowner to his obligations hereinafter mentioned, on the condition that the shipowner has actually received the sums of the payments stipulated herein, cleared in their account no later than the dates specified in this agreement in above Clause. THE OWNER AGREES: Delivery To fit out the Yacht and to hand her over to the Charterer, without crew, clean, with all the equipment and inventory, as indicated in the owner’s/broker’s official offer statement in proper running and seaworthy condition at the embarkation port agreed on the first page. Insurance To insure the Yacht and her equipment as per Greek law, against fire, marine and collision risks and third party damage and against any and all loss or damage in excess of (depends on the yacht). The charterer shall therefore be relieved of any and all liability which exceeds the excess and is covered by the said Policy, provided that such loss or damage is not caused or contributed to by any act of cross negligence or wilful default on their 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 onboard with his permission. Delayed Delivery To employ every reasonable effort to ensure delivery of the Yacht on the agreed date and at the place mentioned on the first page as the embarkation port, but if for any reason 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 on front page 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 agreed total charter fees. iii. If the delay of delivery exceeds one fourth (1/4) of the total charter period, 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 this Agreement.Thrace Yachting PCC Excess Delay In case the boat is not available for an extraordinary reason, then the owner is obliged to provide to the charterer another boat of the same level -same model and age. If this for any reason is impossible, the owner must fully refund the charterer. THE CHARTERER AGREES: Redelivery (Return) of the Yacht and Delays To re-deliver the Yacht to the owner at the agreed date, time and place, in a fit state, together with all her equipment in the same good condition as she was at check-in. If they shall for any reason, weather conditions included, fail to deliver the Yacht at the aforesaid date and time, they are liable to pay to the Owner demurrage at the rate of the charter price per day of this Agreement, increased by a rate of fifty percent (50%), for every day of fractional part of a day thereafter until delivery has been affected. If they leave the Yacht at any place other than the place designated in this Clause, the charterer must pay 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 not covered by the insurance policy, which may occur on or to the yacht until she has been taken over again by the Owner, including covering losses from subsequent lost charters. Deposit and Guaranty To leave a deposit with the owner on taking over the Yacht, to the amount agreed on first page, in order 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) hereof 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. Composition of Chartereru0027s Party and Cruise Limits 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 qualified Skipper and one experienced sailor, but not more than the PAX according to the yacht’s documents 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 Greek territorial waters (unless different is agreed in written) nor to sublet the Yacht without the written consent of the owner. Observance of Customs and Diving Laws Not to allow any person on board to commit any act contrary to the customary or legal 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. 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. Agreement for Towing the YachtThrace Yachting PCC To take every possible preventive measure and precaution to avoid to the Yacht being in any condition in which the Yacht will need to be towed to any point by another vessel. If towing the yacht should arise as a necessity, in spite of the Charterer’s efforts, the charterer must notify the owner immediately and if such 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. 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 harbour Authorities have imposed a prohibition of sailing, or while the yacht has damage to any of her vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment, etc. The same applies if any of this equipment is 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 cause the safety of the yacht and her crew to become doubtful. Restrictions in the Use of Canvas Restrictions in Navigation 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. The charterer is not allowed to sail the yacht at night, except in an emergency, and in this case all navigation lights must be functioning and sufficient watch must be posted on deck. Yacht Log To keep the yacht’s 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. Itinerary To plan and to carry out the yacht’s 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 yacht’s 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. Reports of yachts position and State Information To report by telephone or cable 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. 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 owner. It is hereby further agreed by and between the parties hereto: Chartereru0027s Sailing Qualifications 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.Thrace Yachting PCC Test of Sailing Competence of Charterer and his Crew 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 the above Clause 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 seamanship will be part of the agreed Charter period. Take-Over of the Yacht u0026 Time required for it The delivery of the yacht to the Charterer will be made at the commencement of the charter period as designated on first page. The time required to demonstrate the yacht to the Charterer and to familiarise him with her shall be part of the agreed charter time. Thefree use of the yacht will be granted to the Charterer after he has signed the charter contract. Acceptance of the Yacht Charterer’s Responsibility During Charter Time Before signing the charter contract, 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. Running Expenses / Repairs of Damages 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. 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 the owner at the same time. Cancellation or Premature Termination In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in Clause 3 (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 this case only an administrative charge of 3100 EUR will be charged. 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.Thrace Yachting PCC *Note: In case that COVID-19 related measures, please see COVID-19 policy below. Total loss of Yacht 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. Special Provisions The special provisions, if any, set out in the Schedule hereto are fully accepted and form part of this agreement: i. Return to base the evening before disembarkation, at 18:00, the latest is compulsory. ii. Check in/out procedures time is considered to be part of the charter period. iii. Cleaning is included in the charter pack. The cleaning service is defined as u0027standard cleaningu0027. If at check out the boat is found in a state that requires special treatment before handed over to the next charterer (i.e. heavy staining with colours or oils, heavy soiling of beds, etc.), a deep cleaning surcharge will be charged and/or withheld from the deposit to cover deep cleaning expenses or replacement of linen. iv. No weapons are allowed on board. Agents The brokers act in good faith on behalf of both owner and Charterer, but contract as brokers 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. COVID-19Policy For 2021 our COVID-19 policy accommodates rebooking if 14 days or less prior to the commencement of the charter, one or more of the following conditions apply: i) The government of Greece would prevent the charterer from travelling to Greece, to the agreed port of embarkation, and relocation of the yacht to a nearby suitable alternative location is not possible; ii) The government of Greece would prevent the yacht from departing from the agreed port of embarkation in Greece, and relocation of the yacht to a nearby suitable alternative location is not possible; iii) The country of the chartereru0027s residence has outright banned international travel, or specifically to Greece; NOTE: Travel advisories (not outright bans), workplace restrictions (due to nature of work or otherwise), or any personal issues do not constitute a valid reason for cancellation under the COVID-19 policy. Travel arrangements and personal conditions remain solely the responsibility of the charterer. Skippered Charter - Terms u0026 Conditions  The charter fee includes the yacht’s/catamaran’s use and her equipment (full inventory is supplied for individual yachts), mooring fees at home port, marine insurance, bed linen u0026 towels (1 set / person / week), blankets, cooking gas u0026 taxes.  Not included in the charter price, and the charterers own expense, are: fuel u0026 fresh water consumption, port/mooring fees during the charter period, provisioning, extra equipment (if required by the charter), canal dues, foreign water taxes.  The reservation is considered confirmed when deposit payment is received into Thrace Yachtingu0027s bank account.  Charters commence at 17:00 on date of embarkation and end at 09:00 on disembarkation date.  All yachts must return to the marina by 18:00 the day before disembarkation. No exceptions.  Chartereru0027s overnight stay in the yacht on the last night in home marina is part of the charter period, and the charterer remains responsible for the yacht until check-out and disembarkation.  Cleaning fee is included in the charter pack. The cleaning service is defined as u0027standard cleaningu0027. If at check out the boat is found in a state that requires special treatment before handed over to the next charterer (ie, heavy staining with colours or oils, heavy soiling of beds, etc), a deep cleaning surcharge will be charged and/or withheld from the deposit to cover deep cleaning expenses or replacement of linen.  No weapons are allowed on board.  Guests must adhere to all laws and customs of Greece, with special attention to laws relating to fishing or under water diving, and not seeking and/ or take possession of objects of archaeological nature or value. CREW CONDITIONS Thrace Yachting specifically stipulates that the crew of the yacht receives at least 8 hours of rest per night. Breaks during the day for rest and meals are also required. The crew is flexible and can adjust these breaks to the better service of the charter within reason. Skipperu0027s duties are defined as: i. To conduct an initial briefing regarding safety, itinerary and weather conditions. The yachtu0027s equipment will be presented including safety and accommodation, use of life vests and operation of lights and toilets. ii. Responsible for safe navigation of the yacht at sea, anchor or port. iii. To inform the charterer of the weather conditions daily and provide advice of the best route according to weather forecast. iv. To inform the client of foreseeable costs involved due to decisions regarding itinerary, and either keep a detailed account of the expenses made during the charter or inform the charterer before every payment needed to be made, or any other suitable arrangement. v. To prepare and take care after use of the yacht, its equipment and water toys. The skipper is not responsible for damage caused by the guests. vi. To sail the yacht and act as the personal guide of the guests during the charter. Please be aware that the Skipperu0027s role does not include hosting duties such as food preparation, babysitting or cleaning. vii. Skipperu0027s decisions are final if a situation makes it necessary. These decisions are taken with the safety and comfort of the guests and crew on board. The skipper will provide an explanation of their decision; however, their decision is final. Hostessu0027 duties are defined as: i. To prepare the yacht for the guests’ arrival. In case of advanced provisioning, depending on the location and base, the hostess may provision the boat in advance of guest arrival and stow the provisions where possible. ii. During the charter, the hostess prepares breakfast, snacks or fruits later in the morning, along with light lunches. iii. To be responsible for the general cleanliness of the boat. The hostess will clean the kitchen and saloon area after they prepare meals. They will also tidy the cabins (upon agreement with guests) and bathrooms once per day. iv. To keep a detailed account of the expenses made and in co-operation with the skipper inform the charterer when needed.Thrace Yachting PCC GENERAL CREW CONSIDERATIONS  The skipper and hostess (if on board) must have his/her own private berth and access to a WC.  The skipper and hostess (if on board) cannot on any circumstance be held legally responsible for the safety of the guests.  The crewu0027s provisioning (IN ALL CASES) is the chartereru0027s responsibility. In case of cash payments, € 30 / day per crew member is appropriate.  The crewu0027s tip or gratuity is customarily 10-15% of the charter fee, however, is at the chartereru0027s kind discretion.  Skipper and hostess disembark at 21:00 on the day before check out. YACHT EQUIPMENT, AUXILIARY EQUIPMENT u0026 WATER TOYS  The tender/dingy is to be operated exclusively by the skipper, no exceptions.  Water sports u0026 toys are to be used at skipper’s discretion. It is also the skipperu0027s prerogative to recall guests and toys to the yacht if it comes to his attention that the charterers are in an unsafe situation, under the influence of alcohol or drugs, weather conditions and/ or close proximity of other boats do not allow safe usage.  All equipment of the yachts is maintained to a high standard. Certain equipment, such as water makers, generators, sea scooters or similar, can generally be operated reliably for a number of hours per day. If operation exceeds these thresholds, or operation in adverse conditions warrants it, additional maintenance may be required during the charter. Use of the equipment might not be possible until technical help is available.  Thrace Yachting makes every effort to have the full equipment of the yacht available for use, however, reserves the right to protect the safety of customers and yacht by making certain features unavailable. YACHT HAND OVER  Each charter begins with the yacht fully fuelled. It is the charteru0027s obligation to refill the yacht with fuel at home port prior to check out. Arrangements can be made with the skipper.  The yacht shall be handed over with its freshwater tanks full as well. This is offered complimentary and no refill is required at the end of the charter. However, refilling during the charter is the charters responsibility while the skipper is responsible to inform the charter in advance in case of shortage of fresh water to plan the route accordingly and replenish water supplies.  Thrace Yachting is committed to making every reasonable effort to insure delivery of the yacht on the date and at the place agreed, 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 remedies: a) Provided that the following charter commitment of the Yacht allows it, to prolong the period of charter by the same length of time by which the delivery has been delayed. b) To leave the date of termination as confirmed hereby (page 1) and be refunded by the Owner with an amount proportional to the time by delivery was delayed at the rate corresponding to the total charter fees in page 1 hereof. c) If the delay of delivery exceeds one fourth (1/4) of the total charter time, to cancel this Agreement and he refunded by the owner with the total amount paid for this charter. NOTE: 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. YACHT RETURN The Charter may not be prolonged without the consent of the Charter Company. Weather-induced difficulties shall not influence the Chartereru0027s obligation to punctually return the ship. In the event that the ship is returned late, 200% of the charter fee may be charged for the overrun period as a conventional penalty and indemnification may be requested of the Charterer for failure to perform all or part of the subsequent charter. INSURANCE u0026 SECURITY DEPOSIT The yacht is insured against a) Risks arising from liability to third parties and damage to hull, machinery, and equipment, b) Damage liability third party u0026 c) Sea pollution liability A deductible provision is applied, depending on the yachts value It is the owners obligation 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 _______ 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 cross negligence or wilful default on his part. Should the Owner fail or elect not to effect such insurance he shall assume the same responsibilities as if the Yacht were so insured, but he shall not beThrace Yachting PCC under any liability for the loss or damage to the personal property of or for any injury to the Charterer or any person on aboard with his permission. JURISDICTION For disputes arising between the Charterer and Charter Company. from this Agreement, Greece is agreed as the court of jurisdiction. This Agreement is governed by the Laws of the Hellenic Republic. If in addition to this Agreement an additional agreement is needed for the Charter, the provisions of such agreement shall hold true. This Agreement is subject to change for correction of errors, as well as printing and mathematical errors, which changes shall not affect the validity of this Agreement. OPTIONAL EXTRAS Optional extras, ie extra crew on board, land transfers, comfort or recreation equipment etc are available upon request and payable upon embarkation in cash. CANCELLATION POLICY - Cancelation 121 days or more prior to departure: EUR 300 cancelation fee - Cancelation 46 to 120 days prior to departure: 30% of the charter fee* - Cancelation 1 to 45 days prior to departure: 100% of the charter fee* *If the yacht is rebooked under the same or similar terms, a (full or partial) refund will be made. COVID-19 POLICY  For 2021 our COVID-19 policy accommodates rebooking if 14 days or less prior to the commencement of the charter, one or more of the following conditions apply:  The government of Greece would prevent the charterer from travelling to Greece, to the agreed port of embarkation, and relocation of the yacht to a nearby suitable alternative location is not possible;  The government of Greece would prevent the yacht from departing from the agreed port of embarkation in Greece, and relocation of the yacht to a nearby suitable alternative location is not possible;  The country of the chartereru0027s residence has outright banned travel to Greece; NOTE: Travel advisories (not outright bans), workplace restrictions (due to nature of work or otherwise), or any personal issues do not constitute a valid reason for cancellation under the COVID-19 policy. Travel arrangements and personal conditions remain solely the responsibility of the charterer.