Mango

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

YACHT CHARTER AGREEMENT AND CONDITIONS 1. CONTRACTING PARTIES Charter Company :Mango Sailing Yatç?l?k Turizm Limited ?irketi The Charterer :means the lead charterer 2. SUBJECT, YACHT DETAILS AND DEFINITIONS Images of boats (if not actual ones) are oriented and intended to give an idea of the yacht available for charter. Should the specified Yacht not be available, The charter company reserves the right to substitute with a similar Yacht. However, this is strictly subject to the Charter Company?s availability. Boat : Boat stated in the second article and the subject of contract itself Primary Action : Obligations of both parties and includes the main subject of the contract. Primary actions for this hereby contract are, to have the boat in hand for the Charter Company and to pay for the rental fee for the Charterer. Legislation : Texts such as executive orders of the presidency of Turkish Republic, international contracts, regulations or laws in force/laws will go in force internationally or nationally. 3. THE CONTRACT 1. A contract exists as soon as the Charter Company has received the completed booking form, and the full deposit whereupon booking confirmation will be issued. Notification of discrepancies should be made immediately. 2. The Agreement between the client and the Charter Company is officially put into force when the written confirmation/Contract of the booking is sent out/dispatched and deposit paid. 3. The Charterer must be over the age of 18 years and confirm that he/she and/or the crew members are capable and competent to sail the yacht in the cruising area of the yacht. 4. The charter offer is valid for sailing in Turkish waters. If the Charterer wish to sail in the Greek Islands they will be required to give prior notice in order to complete the required paperwork. The Charter Company will organise this for the Charterer in Turkey and through the agents in Greece. Please be aware that there will be an additional cost for custom clearance. 4. PAYMENT 5. 4.1. A deposit of 30% of the charter fee will be required at the time of booking as confirmation. 6. 4.2. Charterer agrees to pay the security deposit in cash or by credit card upon check-in. That deposit is taken as a guarantee for any possible loss or damage to the Yacht and/or its equipment. The security deposit will be returned to the Charterer at the end of the Charter after check-out if there is no damage or loss identified by the Charter Company. Credit cards accepted by the Charter Company are: Eurocard / Master Card / Visa / Page 1 of 6 7. 4.3. 30% of the charter price will be paid as down payment latest within 3 days following the signing of the contract. Balance will be paid latest 8 weeks prior to the embarkation date. If the Charterer fails to comply with the payments terms, then the contract is automatically cancelled. 8. 4.4. Any additional payments other than the charter fee will be made at base on embarkation date. 9. 4.5. Should the Charterer fail to pay the full rental fee latest 60 days before the delivery of the boat, or cancels the reservation, he/she accepts that Charter Company has no obligation in making any refunds to the Charterer. 10. 4.6. Deposit payment, which stated in article 4.1, is a payment for any possible damage that The Charterer might cause on the boat. In case the Charter Company identifies any damage or loss during the check- out, the procedures stated in Article 6.3 of this hereby contract will be valid. 5. OBLIGATIONS OF THE PARTIES 1. 5.1. The Charterer will prove that he/she has the competence to use the boat within the limits of the charter area specified on this contract by providing any document or information that Charter Company may require. The Charter Company may demand The Charterer (or captain) to demonstrate his/her captain skills to himself/herself or to one of his/her representatives. The cost for this demonstration will be paid by Charterer and the time used for testing will be included to the Charter time. 2. 5.2. The Charterer will provide the passenger list including the full name u0026 surnames, date of birth, nationality, passport numbers (TC ID No for TC citizens), address and skipper?s license details latest 1 week prior to the charter date. The Charterer accepts he/she is one of the main parties of the contract and so he is responsible for the accuracy of this information as well as for the acts and behaviours of the other passengers on the boat. 3. 5.3. Should the Charter Company conclude that the Charterer is not qualified enough for using the boat, and if there is another captain already present at that time, The Charterer will agree to sail with the captain that the Charter Company approves. However, if there is not any captain present at that time, or if The Charterer does not agree to sail with the captain of Charter Company approves, then Charter Company has the right to unilaterally terminate the contract with just cause. In such a case, the Charter Company will keep 50% of the charter price as penalty and pay back the rest to the Charterer. 4. 5.4. The Charterer accepts and undertakes that the boat will be used strictly for travel and touristic purposes only, that he/she will not involve in any commercial as carrying goods and/or people, will not involve in any kind of racing, and will not tow any other boat except for emergency. 5. 5.5. The Charterer confirms that the persons on the boat will be limited to the guests put on the transit log during the charter. In case, there is damage, loss caused by any person other than the charterers, the Charterer has full responsibility for any such loss. Charterer cannot leave or deliver the yacht to third parties in any case. 6. 5.6. In any case of accident, malfunction or any damage to the yacht, The Charterer will inform the Charter Company latest within an hour, fill in an accident report and will photograph the damage in full details. The accident report must be filled in with utmost discretion and has to be signed by the second party involved with the accident if possible. And the report must be signed by an authority as such (Coast Guard, Harbour Master, Paramedic...) if possible. 7. 5.7. Charter Company and The Charterer will check the boat, inventory list and options list during check-in. Page 2 of 6 8. 5.8. The Charterer will guarantee that, throughout the CHARTER period, he/she will show utmost care to protect the physical integrity of the boat, take necessary precautions and despite not being stated in this contract, will sail in proper and right weather conditions in order not to damage the sails, poles, ropes etc. 9. 5.9. In case the Harbour authorities or the Charter Company ban the Charterer to leave the harbour or decides it is not safe to sail, the Charterer agrees to comply to said restrictions. 10. 5.10. The Charterer guarantees that he/she will not sail at night unless he/she has a written permission of the Charter Company. 11. 5.11. The Charterer guarantees that, no matter whatever reason might be, he/she will not use the boat under influence of any drugs, alcohol or any other illegal substance. 12. 5.12. The Charterer agrees not to carry any item or product subject to customs on board during charter. 13. 5.13. The Charterer confirms that he/she takes over the yacht clear off any illegal items or substances upon check-in. Any such item or substance found on the yacht during carter will be at Charterer?s responsibility only. 14. 5.14. The Charterer agrees not to bring pet to the boat without the written consent of the Charter Company taken at the time of the signing of this contract. 15. 5.15. The Charterer, although not stated above, has to comply with all Charter Company?s terms of use and any legislation related to it. The Charterer takes full responsibility of any damage caused by the passengers and/or if any pet present on board during charter. The Charter Company has the right to claim against the Charterer any penalty or fine imposed because of the misbehaviour or misconduct of the Charterer. 16. 5.16. The Charterer will be responsible of the provisioning and other possible needs of the hired crew, if any, during the entire charter period. 17. 5.17. Charter Company and The Charterer will have determined the cruising course of the boat at the time of the signing of this hereby contract. As a rule, The Charterer guarantees to stay in the cruising course of the boat that is agreed upon by both parties which is Turkish Territorial Waters mainly. The Charterer agrees not to sail outside the agreed charter area. 5.18. Should the Charterer wants to sail outside Turkish Territorial Waters, that would be possible with the written confirmation of the Charter Company with the condition that all customs fees and taxes will be at Charterer?s cost. It will be the Charter Company who handles the customs clearance formalities. 6. DAMAGE/MALFUNCTION(BREAKDOWN) 1. 6.1. In case of a damage or malfunction, The Charterer will inform the Charter Company immediately. Charter Company will send technical service for necessary repair accordingly. If the damage/malfunction is not too severe, it will be repaired immediately without disrupting the cruise of the yacht if possible. 2. 6.2. In the events stated in the article 5.6 of this hereby contract, if the damage/malfunction is too severe and is likely to stop the cruise of the boat, (grounding, broken pole, engine breakdown etc.), The Charterer is responsible for; first preventing the growth of the damage, and then for informing the Charter Company immediately. In the event of damage of this size, The Charterer will wait for the Charter Company?s instructions and will comply with them. Charter Company is not responsible for results if the instructions are not applied properly. However, if The Charterer cannot contact or inform the Charter Company, The Charterer shall be responsible for all courses of actions taken by himself/herself that might result in worsening of the severity of the damage. Should the boat has to be towed; the boat?s lines should be used firstly. 3. 6.3. In case equipment which is stated in the inventory and options listed in article 5.6 of this contract is lost, The Charterer accepts in advance for the compensation of the lost item. Page 3 of 6 Damage, malfunction or absence of equipment will be compensated from the deposit The Charterer has paid. In such a case, deposit will be hold until loss or damage is fixed, and will be refunded at base only after the yacht is re- delivered in same condition as delivered. All extra amounts of payments for repairs and substitution of the equipment, unless due to gross negligence, should be solved between the charter company and the insurance company. This clause will be applied together with clause 4.6 on deposit payment. 4. 6.4. For the options which require additional deposit such as SUP, Yoga Board, Canoe and Coffee Machine etc. The additional deposit amounts will be included in the boat deposit. 5. 6.5. In case the loss or damage of the tender and/or outboard engine is not covered by insurance, The Charterer agrees and guarantees to compensate for the damage or to replace the lost equipment, and will pay the amount calculated by Charter Company in cash and at once. 7. CHECK-IN (HANDING OVER THE BOAT TO THE CHARTERER) 1. 7.1. The Charterer and all the other passengers on board are obliged to present their original ID?s and papers ,mentioned under article 5.2 of this contract, for verification of the the passenger list. 2. 7.2. During the check-in, The Charterer will review the papers mentioned in the article 5.7 of this contract and will confirm with signature. Same procedure will also be applied for the items in the attached options list. 3. 7.3. If a part of the boat is damaged or lost during earlier charter, and if it is not possible to replace the missing tool or repairing the damage before the new charter but it is not going to affect the sailing security of the boat, The Charterer agrees that this is not a just reason for termination of this hereby contract. The Charterer agrees that aforementioned circumstances are caused by previous Charterer, and are not the responsibility of The Charter Company. However, Charter Company guarantees that he/she will show utmost effort and care to make up for such deficiencies. 8. CHECK-OUT (HANDING OVER THE BOAT TO CHARTER COMPANY) 1. 8.1. The Charterer will deliver the boat to Charter Company at the check-in port, at the date and time agreed by both parties on this hereby contract, unless agreed otherwise. 2. 8.2. The Charter must take the boat to minimum 20 nm distance to base within 24 hours to re-delivery time. 3. 8.3. The Charterer accepts to pay 100 Euro per hour as penalty for delayed re-delivery time. 4. 8.4. During check-out, the inventory and options list will be checked. Should the Charter Company finds out any missing or damaged items mentioned in the, inventory and/or options lists, or any damage on the boat, he/she will act in accordance with the regulations stated in the articles 4 and 6 of this hereby contract. 5. 8.5. Fuel tank will also be checked by Charter Company during check-out. As a rule, the boat will be given to The Charterer with full tank at check-in and the The Charterer will return it to Charter Company with full tank at check-out. If the fuel tank is not full, Charter Company will make sure the fuel is to be refilled in full with 20% service cost and VAT added to fuel fee. In this case, Charter Company will first compensate this cost from the deposit fee, if deposit fee is not adequate, The Charterer agrees to compensate in cash and at once. 6. 8.6. If The Charterer returns the boat to a port other than port of re-delivery, he/she agrees and guarantees to pay for any expenses needed to return the boat to the port of re-delivery, pay for the next The Charterer?s expenses and also 500 Euros penalty for each day it takes to return the boat to its port of re- delivery, and that this penalty clause fee is not an outrageous price at all and he/she will not ask for a discount for it. Page 4 of 6 7. 8.7. A bad weather condition is not acceptable excuse for late re-delivery of the boat. As per contract, the Charterer is responsible for checking weather conditions and for keeping the yacht at a reasonable distance to re-delivery port within 48 hours to re-delivery. 9. INSURANCE 1. 9.1. Boat and its equipment are insured by the Charter Company. Despite that Charterer?s obligation is limited with deposit fee only, decrees regarding his/her payments other than the deposit fee itself, are reserved for damage due to his/her gross negligence. 2. 9.2. Personal belongings of charterers, lost inventory and equipment, tender, outboard engine, sails damaged due to bad weather and persons are not covered by the insurance policy of the boat. 3. 9.3. Insurance covers any third party damage and/or injuries and is limited to the policy terms. However, the term ?third party? does not cover The Charterer or any other passengers on the boat. Charter Company advises The Charterer to insure his deposit fee, have a travel insurance and have an extra insurance to cover for the injuries of third parties may sustain. EIS-European Insurance which offers insurance as Vacation Cancellation, Deposit Insurance, etc... is highly recommended. Further details are available at www.eis- insurance.com. 4. 9.4. According to the boat?s insurance coverage, the insurance company may recourse the indemnity to the faulty party, and Charter Company has no responsibility in such recourse demands. 10. TERMS OF DETERMINATION AND CANCELLATION 10.1. 30% of the total charter fee will be paid as down payment latest within 3 days following the reservation date. Balance will be paid latest 8 weeks prior to the embarkation date. Otherwise reservation is automatically cancelled. Cancellation Terms: - For cancellations made 12 weeks prior to the charter date, charter fee is reimbursed in full with 300 Euro deduction as cancellation fee. - For cancellations made 10 weeks prior to the charter date, 80% charter fee is reimbursed with 300 Euro deduction as cancellation fee. - For cancellations made 8 weeks prior to the charter date, 50% of the charter fee is reimbursed with 300 Euro deduction as cancellation fee. - For cancellations made 6 weeks prior to the charter date, 40 % of charter fee is reimbursed with 300 Euro deduction as cancellation fee. - For cancellations made 4 weeks prior to the charter date, there is no reimbursement plus skipper/stewardess/chef fees if any is reserved until that time. 2. 10.2. Should the Charter Contract be cancelled by the Charter Company due to severe damage to the boat, or due to unpredictable conditions that affect the Yacht or make the Charter impossible, The Charter Company would offer the Charterer another alternative similar yacht in the same condition or to reimburse the total charter fee. The Charterer would accept to cooperate with the Charter Company where the Charter Company cannot be hold responsible. Page 5 of 6 11. GENERAL TERMS 1. 11.1. In case there is any article identified as against the present laws, there will be no harm to contract?s integrity and it will still be in effect except for the such related article/s. 2. 11.2. Should either party fails to act his/her commitment; the other party has the right to exercise his/her rights as per related legislation. 3. 11.3. Parties can not transfer their rights or responsibilities derived from this hereby contract to third parties without the written approval of the counter party. 4. 11.4. Both parties are equally responsible of the stamp tax derived from this hereby contract. 5. 11.5. Authorized courts will be Mu?la Courts and Debt Enforcement Directorates in case of any dispute in connection with the interpretation and fulfilment of the contract.