Champagne Charters the “Owner” agrees to let the motor boat Calliope, a Rodman Muse 54, ”Yacht” to the “Charterer” and not to enter into any other charter agreement for the same period. Charterer agrees to hire the Yacht and shall pay the Charter Fee, Security Deposit and any other agreed charges, in cleared funds on or before the dates and to the bank account specified in accordance with these Terms.
CHARTER FEES. 50% percent of the Charter Fee and the Delivery/Return Fees (as applicable) shall be paid to Owner at the time of booking. The balance shall be received, in cleared funds, one calendar month prior to commencement of the charter. Payments shall be made only to the account specified on booking form.
SECURITY DEPOSIT shall be paid to Owner at the commencement of the Charter Period, prior to boarding the Yacht. The Security Deposit shall be held by Owner and be used in, or toward, discharging any liability that Charterer incurs during the charter. The balance shall be returned to Charterer within one week of the end of the Charter, or the settlement of any outstanding questions, whichever is later, without interest.
CRUISING AREA. Charterer shall restrict the cruising of the Yacht to within the Cruising Area in which the Yacht is permitted to cruise by Owners insurer. Should the yacht be taken beyond the cruising area he will be immediately escorted to the nearest port and disembark, whereupon the charter shall terminate, without entitlement to any refund, compensation or return of the Deposit held.
MAXIMUM NUMBER OF PERSONS. Charterer shall not at any time during the Charter Period permit more than the Maximum Number of Guests as stated within the Charter Agreement on board the Yacht. If Charterer fails to observe this provision, the charter shall immediately terminate, without entitlement to any refund, compensation or return of the Deposit held.
PROFICIENCY. In the event of the Yacht being Chartered under a Bareboat Agreement, Charterer agrees that if, in the opinion of Owner, Charterer is not competent to handle the Yacht in a safe and seamanlike manner, Charterer will, at his own cost, agree to use the services of a professional Skipper designated by Owner until such time the Skipper deems that Charterer is competent to handle the Yacht.
CONSUMABLES. Charterer shall be responsible for the operating costs of the Yacht which shall include but not be limited to Fuel, Lubricating Oil, Filters, and Port Charges other than home berth. Any losses, breakages or damage beyond reasonable fair wear and tear caused to the Yacht or its equipment by Charterer, howsoever caused, shall be deducted from the Security Deposit.
DELAY IN RE-DELIVERY. If re-delivery of the Yacht is delayed by reason of force majeure (see explanation at foot of these terms), then re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in full force. If the Charterer fails to deliver the Yacht to the Owner at the Port of Re-delivery due to intentional delay, then the Charterer shall pay forthwith to Owner by direct transfer, demurrage at the weekly rate plus forty percent and if delay in re-delivery exceeds 24 hours, the Charterer shall be liable to indemnify Owner for and loss or damage which Owner shall suffer by reason of deprivation of use of the Yacht or cancellation of, or delay in delivery for any subsequent charter of the Yacht.
CANCELLATION. Should Charterer give notice of cancellation of the Agreement on or at any time before commencement of the Charter, Charterer shall remain liable for all payments due prior to and unpaid at the date of cancellation. Should notice of cancellation be given by Charterer or should Charterer fail to pay any amount payable under this Agreement, Owner shall be entitled to treat this Agreement as having been repudiated by Charterer and to retain the full amount of all payments made by Charterer.
BREAKDOWN OR DISABLEMENT a) If, after delivery, the Yacht is at any time disabled by way of collision, grounding or other cause as to prevent reasonable use of the yacht the charter period will be terminated and all monies forfeit. If the breakdown is due to mechanical failure Owner will replace or repair the Yacht within 48 hours, offer an alternative vessel or make a refund proportionate to the Charter remaining.
USE OF THE YACHT. Charterer shall use the Yacht exclusively as a pleasure vessel for the use of himself and his Guests. Chatterer will not sub-let the Yacht. The Yacht will under no circumstances be used for any commercial purposes. Charterer shall ensure that no pets or other animals are bought on board the Yacht without the written prior consent of Owner. Charterer shall ensure that the behaviour of him or herself and their Guests shall not cause a nuisance to any person or bring the Yacht into disrepute. SMOKING IS EXPRESSIVELY FORBIDDEN IN ANY INTERIOR SPACE ON BOARD THE YACHT. Charterer shall comply and ensure his Guests comply with the laws and regulations of any country into whose waters the Yacht may enter during the course of this Agreement. It is especially understood that the possession or use of illegal drugs or weapons (particularly firearms) shall be sufficient reason for Owner to terminate the Charter forthwith, with no recourse.
WATER SKIS & TOYS. Water sports/motor sports are inherently dangerous and are undertaken entirely at the Charterers and their guests own risk. Insurance cover is not offered for these activities and the Owner strongly recommends that the Charterer arranges his own insurance. To reduce the risk of death or injury users must exercise caution, common sense and use the equipment properly and as the manufacturer intended. User must act responsibly and only engage in these activities with the awareness of, and willingness to accept, the risks involved. Reckless use, misuse, inexperience or neglect of the proper equipment or the relevant safety equipment may result in injury or death. Buoyancy Aids are to be worn at all times. On NO occasion should any rope or other equipment be wrapped, tied or by any other means attached to any person, other than to grip a ski handle with both hands. Any damage caused to any of the equipment will be charged for at the replacement value. USE IS AT YOUR OWN RISK.
INSURANCE & CHARTERERS LIABILITY. Owner shall insure the Yacht with first class insurers against all customary risks for a Yacht of her size and type. Under normal circumstances, Charterer shall only be liable for such costs or losses as may be incurred repairing damage caused by Charterer or his guests to the Yacht or any third party up to the level of the Excess on the insurance policy for each separate accident or occurrence. Charterer may be liable for a sum greater than the Excess if Charterer or any of his guests acted in such a manner (intentionally or otherwise) as to void or limit the cover under the Insurance Policy. Charterer shall carry independent Insurance for their and their guests Personal Effects whilst on board or ashore and for Medical or Accident expenses incurred.
LAW. The parties hereto hereby agree that this agreement shall be governed by, and subject to, the jurisdiction of the COURT OF PALMA DE MALLORCA at the absolute discretion of the Owner and that this agreement shall be governed by the Laws of the country of residence of the Charter.
DEFINITIONS FORCE MAJEURE In this Agreement "force majeure" means any cause directly attributable to acts, events, non happenings, omissions, accidents or Acts of God beyond the reasonable control of the Owner or Charterer (including but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, blockade, invasion, war, 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 Owners Negligence.