TERM AND CONDITIONS
CHARTER FEE
The charter fee is Inclusive of yacht, crew, (fuel usually included on
Sailing Yachts), yacht’s water sports, (onboard meals, standard bar in
the BVI and USVI),
Does not include crew gratuity any ashore activities and local Cruising
Tax (Currently 4 US Dollars per day per person)
Payment can be made in US dollars or Pounds Sterling calculated at the
current rate at time of payment.
Payment is required as follows:-
1st Deposit 25% To guarantee charter dates
2nd Deposit 25% Six months prior to charter date
(Deposits paid are held in the Charter Yacht Society Trust account and
released to the yacht ten days prior to charter)
Final Balance due On or before Boarding in cash or Travellers cheques.
DELIVERY
The owner agrees to provide the yacht to the Charterer in full commission
and in proper working order, properly outfitted as a yacht of her size,
type and accommodation, with full equipment inclusive of that required
by law, and fully furnished, including china, linen, glass and silverware,
staunch and clean and in good condition throughout and ready for service;
and agrees to allow demurrage pro rata to the Charterer for any delay
in delivery. But should it be impossible for the Owner to make delivery
stipulated through causes beyond his control and should such delivery
be not made within 24 hours thereafter, then this Agreement be canceled
by the Charterer and in such event, any charter money paid in advance
shall be returned to him without further liability to the Owner.
INSURANCE
The Owner agrees to keep yacht fully insured against fire, damage, marine
collision, risks, hazards of the voyage, including all engine, hull and
vessel equipment, for any and all casualty and loss or damage that may
occur to or be suffered by the vessel for the full term of the charter
period. The Charterer is hereby relieved and discharged from any and all
liability for such loss or damage. Failure by Owner to provide such insurance
will burden him with the same responsibility as if the vessel were so
insured.
The Owner shall not be held responsible for any injury suffered by the
Charterer or any member of his party, either the said parties person or
property, during the term of this charter regardless of whether such injury
may occur on board the yacht or elsewhere. More specifically, but without
limiting the foregoing, the Owner and his insurance underwriters accept
no responsibility for accidents, injuries or death due to swimming or
use of snorkels, SCUBA gear, water- skis, windsurfers, or similar sports
equipment, whether supplied by the Owner or Charterer. The present insurance
of the vessel does not include protection and indemnity coverage for the
Charterer. This coverage for the Charterer may be obtained at a nominal
cost to the Charterer.
AUTHORITY
The Owner agrees to provide the yacht with an appropriate crew size for
her size. The Captain shall be competent in both Coastwise and Deep Sea
Navigation, and hold an appropriate Captain’s license. While it is agreed
the Charterer may determine the general movements and destination of the
yacht within boundaries of this agreement, it is understood that the Captain
is in full command and the Charterer agrees to abide by his judgment as
to clearance, sailing, weather conditions, anchorages and other pertinent
matters regarding the vessel.
ACCIDENTS
The Owner agrees that should the yacht after delivery sustain breakdown
of machinery or be disabled or damaged by fire, grounding, collision or
other cause so as to prevent the use of the yacht by the Charterer for
a period of not less than 24 consecutive hours at any time, the same not
being brought about by an act or fault of the Charterer, the Owner shall
make a pro rata return of hire to the Charterer of such period in excess
of the said 24 hours the yacht shall be disabled or unfit for use.
Provided, however, that in case the yacht be lost or said damage be so
extensive that the yacht cannot be or is not repaired within 2 days, the
same not being brought about by any act or fault of the Charterer, then
Charterer shall have the right to terminate the charter and the amount
paid by him for the hire of the yacht shall be refunded by the Owner pro
rata from the time of such loss or damage.
LIENS
The Charterer, his agents and employees have no right to permit or suffer
the creation of any maritime liens against the yacht, except for crew’s
wages and salvage. The Charterer agrees to indemnify the Owner for any
charges or losses in connection herewith, including reasonable attorney’s
fees.
DRUGS
Use or possession of illegal drugs, including marijuana, on board the
vessel by the Charterer or his guests shall result in immediate termination
of the charter with forfeiture of all moneys paid.
NAVIGATION LIMITS
As agreed with yacht
NON-ASSIGNMENT
The Charterer agrees not to assign this agreement or sub-charter the yacht
without the consent of the Owner in writing.
RESTRICTED USE
The Charterer agrees that the yacht shall be employed exclusively as a
pleasure vessel for sole and proper use of himself, his family, guests
and servants, during the term of this charter and shall not transport
merchandise or carry passengers for pay, or engage in any trade nor in
any way violate the Revenue Laws of the United States, or of any other
Government within the jurisdiction of which the yacht may be at any time,
and shall comply with the law in all other respects.
REDELIVERY
The Charterer agrees to allow redelivery of the yacht, her equipment and
furnishings, free and clear of any indebtedness incurred for Charterer’s
account, at the expiration of this charter. Charterer agrees to be responsible
for and to replace or make good any injury to the yacht, her furnishings
and equipment, caused by himself, or by any of his party, less ordinary
wear and tear. Should the Charterer not allow redelivery of the yacht
at the time and place stipulated, he shall pay demurrage pro rata to the
Owner for the time that such delivery is delayed at the same rates as
is provided herein for the charter
DEFAULTS IN PAYMENTS
Should any installment of charter payment not be paid on the date designated,
the Owner shall have the right to cancel this Agreement without prejudice
to his rights in respect of any charter money.
CANCELLATION
It is further agreed by the parties hereto that if the Charterer must
cancel, all moneys will be forfeited unless the yacht is rebooked for
the original dates booked. Refunds will be in full or pro rata according
to dates rebooked less 15% cancellation fee. If the Owner must cancel,
moneys paid shall be refunded in full by the Owner to the Charterer.
ADDITIONAL CONDITIONS
Crew gratuity of approximately 15% of charter fee is suggested and appreciated.
BROKER FEES AND RESPONSIBILITY The Owner and the Charterer recognise
ALLCaribbean Crewed Charters as the sole broker in connection with this
Agreement, and the Owner agrees to pay said broker customary and usual
brokerage fees in connection with said charter, any extensions, renewals,
subsequent charterers and/or in connection with subsequent purchase of
the yacht by the Charterer within a period of two years from the date
hereof. While the broker stands ready to provide the Charterer with information
concerning the area of cruise, the qualifications and professional reputation
of the vessel, the Captain and the crew, the broker does not act as a
guarantor of the performance of either. It is further agreed by the Owner
and the Charterer that once this agreement has been signed by both parties
and a deposit of the charter fee has been paid, the said broker shall
have no further obligation or responsibility herewith to either party.
In the event of this agreement being executed on behalf of either party
by the broker, the broker shall neither be entitled to sue nor be liable
to be sued upon the contract
ARBITRATION
Should the Owner and Charterer be unable to reconcile any differences
that may arise of this agreement, such dispute shall be referred to three
arbitrators; one to be chosen by the Owner, one by the Charterer, and
the third by the two arbitrators chosen. The arbitrators shall conduct
the arbitration in accordance with the Rules of the American Arbitration
Association. The decision in writing signed by any two of the said arbitrators
shall be final and binding upon both the Owner and the Charterer, the
expense in connection with such arbitration to be equally divided between
them.
In submitting this booking form you are agreeing to the above terms and
conditions. You will receive an E mail confirmation that we have received
your booking request but we suggest you print a copy of this document
for your records.