An
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.
And of the other part
..holder of Passport number
, residing at
.., hereinafter referred to as the Charterer.
Whereas
:
a. The Charterer wishes to charter the yacht
from the Company.
b. The Company wishes to charter the yacht
to the Charterer.
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.
SECURITY
DEPOSIT
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.
CHARTER
PERIOD
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.
CHARTERS
OBLIGATIONS
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.
GENERAL
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
The
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.
___________________________
__________________________ Captain
Morgan Leisure Limited The
Charterer
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