TERMS AND CONDITIONS – BAREBOAT CHARTER
These Terms & Conditions contain the agreement between X and the individual(s) intending to charter the vessel (“Charterer”), for a bareboat charter from X with respect to the rights and responsibilities of all parties. Notwithstanding that, the parties, the Vessel, the period and the price are stipulated in the invoice provided separately. By paying the deposit on the proposed charter, Charterer agrees to the conditions contained herein.
- Booking and Payment schedule
- Initial Deposit: 30% of the charter fee, which confirms booking;
- Remaining 70% of the charter fee and payment for any add-on options due 60 days before embarkation.
- Boat Delivery
X will deliver the boat to the Charterer only under the following conditions:
- Full payment of any balance or security deposit due from Charterer,
- Signature by both parties of the Vessel’s delivery contradictory statement (inventory) specifying Vessel and equipment conditions.
- Receipt of the following documents from Charterer:
- Copy of Charterer’s passport; and
- Listing of charter’s crew members with names and addresses
- Occasionally operational reasons may result in your booked boat being substituted and X reserves the right to provide an alternative yacht. If your boat changes after booking, you will be notified as soon as is reasonably possible. You will be offered a boat of equal or greater size/specifications and not additionally charged the difference if upgraded to a more expensive yacht category. If the only alternative yacht available is cheaper, you are entitled to a refund of the price difference.
- Boat Re-Delivery
- The Vessel shall be returned to the End Port on the date and time as specified in Charterer’s invoice.
- If re-delivery of the Vessel is delayed by reason of force majeure as defined below, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of the Agreement shall remain in force but without penalty or additional charge against the Charterer.
- If the Charterer fails to re-deliver the Vessel to the Owner at the End Port of the re-delivery due to intentional delay or change of itinerary, Charterer agrees to pay X the prorated charter fee plus 50%. Any begun day beyond the charter term is considered as a full day. If delay in re-delivery exceeds twenty-four (24) hours, the Charterer shall be liable to indemnify the Owner for any loss or damage which the Owner shall suffer by reason of deprivation of use of the Vessel or cancellation of, or delay in delivery under, any subsequent charter of the Vessel.
- Warranties and Procedures of X
- X warrants that, at Delivery, the Vessel will comply with all applicable laws and regulations including any laws and regulations governing charters and any documentation, registration, such that the Vessel may lawfully be used by the Charterer as provided hereunder. X agrees to deliver to Charterer a boat in good working order.
- Check-in procedures begin at charter start time. Upon check-in, charterer can freely use the Vessel as soon as he has signed the delivery statement and received all the boat documents.
- Warranties and responsibilities of Charterer
- If the Charterer (or a member of the crew) is to operate the Vessel, the Charterer represents and warrants that the Charterer is experienced, licensed, if applicable, and competent in the handling and operation of a Vessel of that type and that the Charterer has sufficient practical knowledge of seamanship and piloting to properly exercise full authority over the Vessel. The Charterer shall allow the Vessel to be operated during the Charter Period only by a person qualified to do so.
- At check-in and prior to signing the Inventory Checklist, Charterer will check that boat and equipment is in good working order and up to minimum standards. Acceptance by Charterer certifies that the obligations of X for delivery have been fulfilled.
- Upon delivery, Charterer and crew are fully responsible for the Vessel and for any damage to property or injury to persons that could happen including third parties. In the event a skipper has been provided by X, Charterer will remain responsible for the boat and the behavior and well-being of crew.
- Charterer agrees to be responsible for all crew and passengers on board and binds crew and passengers to the terms provided herein.
- Charterer will be responsible for all boat maintenance during the charter and will pay all running expenses incurred after delivery of the boat, such as mooring fees, local taxes, fuel oil, water and food.
- If outside assistance is needed due to problems with the boat, Charterer will promptly notify X before incurring any such expense unless delay would risk personal injury or significant property damage. Charterer will keep all invoices and receipts concerning repairs that X will reimburse on return day, or as soon as possible. Charterer will take all reasonable steps to prevent the towing of the boat by another vessel. However, if towing is necessary despite all reasonable efforts, Charterer agrees to negotiate and fix the price of towing with the other vessel’s captain before operating.
- In case of an accident involving another vessel, the Charterer must contact X immediately and follow X instructions, independently of the Charterer having damaged the X Vessel and/or the other vessel. Charterer agrees to carry only up to the number of passengers required by security rules of the boat.
- Charterer agrees to use the boat as a responsible person and will comply with all laws and regulations.Charterer will hold X harmless from and against any and all claims and legal actions arising under or in connection with this Contract for failure to abide by those rules and regulations.
h.The boat must be returned with all gear aboard in the same good conditions as upon departure, in good cleaning conditions, on the specified End Date, time, and End Port.
- Charterer agrees to pay for any loss or damage not covered by Insurance that can occur on or to the Vessel until return. Charterer remains fully responsible for the Vessel until signature of the return counter-inventory and final disembarkation.
- Charterer agrees not to leave the harbor or mooring with winds over force 6 or if this strength of wind is forecasted, if port authorities have prohibited any navigation, if the Vessel is damaged and not repaired, and if any vital equipment or security equipment are not in good working conditions, if fuel reserves are not sufficient, if, in general, weather, Vessel or crew conditions endanger Vessel or crew. Charterer agrees to follow any navigation and routing instructions which X may give him especially in the event of bad weather.
- Damage Deposit/Insurance Deductible
X has taken out insurance cover for the chartered boat and the charter client, against all accidental damage including damage to third parties.
In all cases, a minimum security deposit as defined by the specific contractual conditions will remain the responsibility of the charter client.
- Contract Cancellation and changes
- If Charterer cancels more than 60 days before original charter start, Charterer will lose its 30% deposit.
- If Charterer cancels 59 days or less before the original charter start, Charterer will lose the entire charter fee paid to date.
- Force Majeure
- X shall not be liable for any loss, damages or delay or failure in performance resulting from any force majeure event, including but not limited to acts of God, adverse weather conditions, fire, epidemics, strikes or differences with workmen and any other cause beyond the reasonable control of X which makes continuance of operations impossible.
- In the event of a delay or failure of performance based upon an event described above:
- All payments made towards the charter shall be used as a credit for a future charter. No refunds will be provided.
iii. X will not be responsible for additional costs incurred by Charterer as a result of changes to their charter due to a force majeure event.
- Additional Delays
- If on departure date, the hired boat or equivalent is not available for reason other than a force majeure event, Charterer has the right to the following options, if possible:
- When available, delay the departure date and maintain charter duration
- Maintain charter end date in invoice and Charterer will be refunded for time the Vessel was unavailable on a prorated basis of charter fee.
iii. If delay exceeds one quarter of the charter time, Charterer may cancel the agreement with X and be refunded for charter fee.
- Charterer waives any and all claims, damages, debts, liabilities, demands, costs, expenses, interest, suits and/or attorneys’ fees as s result of a delay in the charter.
- Any interrupted or shortened charter, any service not used by Charterer, for any reason, is not refundable.
- Voluntary breach of contractual provisions
The charter client or his crew who willfully violate any of the specific or general provisions of this contract will be responsible for- if this results in proven damage to X:
a. Damage not covered by the insurance taken out by X, including in the event of total loss of the boat,
b. a tripling of the contractual deposit with cancellation of the possibilities of contractual reduction of the latter in the event of damage by the charter client.
- Governing law and jurisdiction
The charter contract will be subject to the laws of Greece and any legal action arising under or in connection with this contract will be subject to the Greek competent courts.
Information on collection, processing and use of personal data
X shall process your personal data in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and national laws based on the said Regulation, with the application of appropriate technical and security measures for the protection of personal data against unauthorized access, misuse, detection, loss or destruction.
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