agreement entered into this
. Day of
19.., between of the one part
holder of I.D. number
, appearing for and on behalf of Captain
Morgan Leisure Limited, as duly authorised, hereinafter referred to
as the Company.
Now, therefore, the parties hereto hereby agree as follows : -
DURATION OF CHARTER AND PAYMENT
1.1 The Company is chartering the yacht to the Charterer at the price of LM per day for the duration of .. days commencing at .hrs on the . Day of . 19 .. Full payment for the duration of the charter must be effected together with a Lm ., security deposit prior to commencement of the charter.
1.2 The company will let and the Charterer will charter the yacht during the charter period for the charter fee. Reservation of the yacht is made only on receipt by the company of a completed booking form with a booking deposit of 25% of the Charter Fee at which time these conditions become binding.
1.3 Not less than 30 days prior to the Commencement Date the Charterer shall pay to the Company the balance of the Charter Fee. If the Charterer shall fail to do so, the Company may treat the booking as cancelled and seek to Charter the yacht to another person. If the Yacht is re-chartered for the whole of the Charter Period the deposit will be refunded to the Charterer less the costs on such re-letting, but in all other circumstances the Deposit will be forfeited as liquidated damages. In the event of the Company not being able to re-charter the yacht for the Charter Period the Charterer shall be liable for the full Charter fee.
1.4 Should the Charterer cancel the booking after having paid the full Charter Fee, the Company shall be liable to refund only such part of the Charter Fee as it obtains by re-chartering the Yacht to a third party less the cost of such re-chartering.
1.5 In the event of the Company through any cause being unable to make the Yacht available in accordance with the Booking Contract, the deposit and any fees will be returned to the Charterer in full without any further liability what-so-ever to the Company.
2.1 The Charterer shall pay the security deposit, by Guaranteed Cheque or Visa Credit Card, before the start of the Charter Period to the Company, as security against the Yacht not being returned in good condition, and against any loss or damage to the Yacht or its inventory, occurring during the Charter Period, and any loss or damage suffered by the Company due to breach of this agreement by the Charterer, but without prejudice to any claim over and above the amount of the Security Deposits which the Company may have.
2.2 The Security Deposit or any balance thereof shall be returned to the Charterer within 14 days after the return of the Yacht to the Company or in case of any dispute, on the determination of such dispute. In the absence of any express statement to that effect, the return of the Security Deposit or any part thereof shall not imply that the Charterer has any further liability.
3.1 The Charter Period shall commence on the Commencement Date and end on the Return Date but these conditions shall remain in force until the return of the Yacht to a condition satisfactory to the Company.
3.2 In the event of the yacht not being available for any reason on the Commencement Date, the Company shall use any reasonable endeavours to provide another suitable Yacht acceptable to the Charterer and the Company shall refund the Charter Fee pro rata for each 12 hour delay. After 2 days the Charterer may cancel the booking and the Company shall refund in full the Charter Fee and the Security Deposits. The Company shall have no liability for any expenses incurred by or inconvenience caused to the Charter as a result of such cancellation.
3.3 The Charterer shall return the Yacht to Base on the return date at the stated time, free of any indebtedness and clear of all personal belongings. For each day or part of a day beyond the Return Date that the Yacht remains in the possession of the Charterer, the Charterer shall pay 30% of the weekly Charter Rate. The Charterer shall inform the Company, if during the course of the charter it shall become apparent or likely that the Charterer shall be unable to return the Yacht by the Return Date, but such notification shall not affect the Charterers liability for failing to return the Yacht on the Return Date.
ACCEPTANCE AND CONDITIONS
4.1 Before the start of the Charter Period the Charterer shall have the opportunity to inspect the Yacht and upon acceptance of the Yacht it shall be deemed to be in good order and fully in compliance with its description. The Charterer shall have no right to claim for any loss of time or expense occasioned by any accident, breakdown or defect.
4.2 If the Charterer, without good cause, fails to accept delivery of the yacht within 48 hours from the start of the Charter Period and has not notified the Company of an intention to accept a later delivery the Company shall be at liberty to treat the Agreement as terminated without further notice to the Charterer, and the provisions of Clause 5.1, shall apply.
4.3 Upon return of the yacht, the Charterer will leave it clean and in the condition it was in on acceptance save only for fair wear and tear.
4.4 The Company may require the Charterer and at least one of the Charter Party to undertake trials to establish to the Company's satisfaction their ability to handle the yacht unattended, and if after such trials the Company is of the opinion that the Charterer is not competent to handle the Yacht the Charterer shall be deemed to have failed to have accepted delivery of the Yacht without good cause and the provisions of clause 5.1 shall apply.
The Charterer hereby undertakes:
5.1 Not to take the Yacht outside the cruising area specified.
5.2 To use the Yacht solely for pleasure cruising.
5.3 Not to allow any animals on board.
5.4 Not to carry other crew or more persons than those specified on the booking form.
5.5 To secure everything on board, including the Yacht's inflatable, before cruising.
5.6 Not to leave the Yacht at any time unattended when the Yacht is at anchor.
5.7 In the event of any damage occurring to the Yacht or to any third party or vessel as the result of an accident or collision with the Yacht, not to admit any liability to any person and to comply with any instructions given by the Company or the insurers.
5.8 In the event of there being any damage to, or failure of, or loss to the Yacht, or any of its equipment, to report the same as soon as is practically possible to the Company and to use best endeavours to minimise any damage which might have occurred without endangering the Yacht or any of its Crew.
5.9 To pay all running expenses and all harbour and port dues, berthing fees, pilotage fees etc., and the costs of all provisions and fuel, and not to do or omit to do any action or thing whereby the Yacht may become liable to arrest or detainment anywhere, not to pledge the credit of the Company without the prior written consent of the Company.
5.10 Not to sail the yacht in dangerously bad weather even if this may lead to a failure to the return of the yacht on the return date.
5.11 To pay to the Company any insurance excess out of the security deposit and not to do or admit to do any act or thing which may render void or voidable the insurance policy.
5.12 Not to bring aboard any restricted or illegal goods.
5.13 To use skill, judgement and common sense at all times when handling the yacht.
THE COMPANY'S RESPONSIBILITIES
The Company hereby undertakes:
6.1 To deliver the Yacht to the Charterer in good and seaworthy condition complete with all the items stated in the Yacht inventory. The Company does not warrant that the Yacht is fit for sailing in any weather conditions and it relies on the Charterer using his skill, judgement and common sense in deciding where to sail and in what weather conditions to sail.
6.2 To insure and to keep insured the Yacht against fire, and against all usual marine and collision risks and including third party risks to such an extent as the Company in its absolute discretion shall deem appropriate. A copy of such insurance policy is available on request for inspection. In the event of any claim the excess on such insurance policy shall be payable by the Charterer and shall not exceed the security deposit. Any other unsecured damage or losses on board the yacht shall be the liability of the Charterer.
LIMITATION OF LIABILITY
7.1 The Company shall have no liability for deaths or any personal injury suffered by the Charterer, his agent or servants, or any other member of his party or any other person.
7.2 The Company shall have no liability for any loss or damage, however arising, out of the Agreement of the Charterers use of the Yacht.
TERMINATION AND REPOSSESSION
8.1 If the Charterer is in material breach of any of these conditions, the Company may forthwith terminate this Agreement and resume possession of the Yacht wherever it may be. Such termination and taking of possession shall be without prejudice to any rights and remedies, which may have accrued to the Company.
9.1 The Charterer shall not assign the benefit of this agreement to any third party and shall remain liable notwithstanding any purported assignment made by him.
9.2 No action taken by the Company or any failure to act, or time allowed to the Charterer or any failure of the Company to insist upon and enforce its strict legal rights shall constitute a waiver of any of the provisions of this agreement which shall remain in full force and effect.
booking form duly completed by the Charterer and / or the skipper forms
part of this agreement. The Charterer hereby warrants that the details
on the Booking Form are true and accurate.