CHARTER PARTY CONTRACT
||Made on the .... Day of ....
||In the year: .......
||At: Antonopoulou 158D, Volos, 382 21, Greece
|Name of Vessel:....
||Type of Vessel: .....
||Port of Registry:......
|THE CONTRACTING PARTIES
||A./ The ship Owner or and by the authority of the
||50 % EURO
|Charter Freight in Total including 4% VAT
|It is also agreed that
|I. The yacht will be insured in excess of EURO....................
As per paragraph 3 b.
||II. The charterer will leave a refundable deposit of EURO .........................
As per paragraph 4 b
||III. On the yacht should be no more than................Persons
in all at sea and no less than ............as per paragraph 4 c.
|C./ Agent GREECE
|FRANCES A. MANSFIELD, ODYSSEY SAILING
||Address - ANTONOPOULOU 158D, VOLOS, 38221, GREECE
||Tax Number: 120447941 Tax office: A VOLOU
|D./ Agent Abroad-
||Tax Number - Tax Office
||Signed by the Owner
||Signed by the charterer
||Signed by the Agents
TERMS AND CONDITIONS
2. The signature of this Agreement by the Owner and/or his Agent becomes
valid and binds the Owner to his obligations hereinafter mentioned only
on condition that the Owner will actually receive the sums of the payments
as indicated in Clauses 1 above , in time.
3.The Owner agrees :
a) To fit out the Yacht and to hand her to the Charterer, without crew,
clean, ready for sea, with all the gear and equipment indicated in the
Yacht's brochure and its inventory list and in proper running and seaworthy
condition at ( * ) .
b)To insure the Yacht and her equipment against fire, marine and collision
risks and third party damage and against any and all loss or damage in
excess of and the charterer shall therefore be relieved of any and all
liability which is covered by the said Policy, provided that such loss
or damage is not caused or contributed to by any act of cross negligence
or willful default on his part. Should the Owner fail or elect not to
effect such insurance he shall assume the same responsibilities as if
the Yacht were so insured, but he shall not be under any liability for
the loss or damage to the personal property of or for any injury to the
Charterer or any person on board with his permission.
c) To employ every reasonable effort to ensure delivery of the Yacht on
the date and at the place mentioned in Clause 1 and 3 (a) hereof, but
if for any cause whatsoever the yacht shall not be available , the Charterer
shall have the right of choice of one of the following possibilities :
I. Provided that the following charter commitment of the Yacht allows
it and that the Owner agrees, to prolong the period of charter by the
same length of time by which the delivery has been delayed.
II. To leave the date of termination unchanged as in Clause 1 hereof and
to be refunded by the Owner with an amount proportional to the time by
which delivery was delayed at the rate corresponding to the total charter
fees in Clause 1 hereof.
III. If the delay of delivery exceeds one fourth (1/4) of the total charter
time, to cancel this Agreement and be refunded by the owner with the total
amount paid for this charter. In any of the events mentioned in this Clause,
neither party shall be liable to pay to the other any other compensation
for any loss or damage resulting from the curtailment or the cancellation
of this Agreement.
4. The charterer agrees :
a) To re-deliver the Yacht to the owner at ( * ) cleaned-up, together
with all her equipment in the same good condition as she was at take-over,
at the time designated in the Clause 1, but unless the yacht has be come
a total loss, if he shall for any reason fail to deliver the Yacht at
the aforesaid date and time, to pay to the Owner demurrage at the rate
of the charter price per day of this Agreement increased by fifty percent
(50%), for every day of fractional part of a day thereafter until delivery
has been effected. If he leaves the Yacht at any place other than the
place designated in this Clause, to pay to the Owner all expenses involved
in transferring the yacht to the place of redelivery and pro-rata demurrage
as above for the number of days required for this transfer, as well as
for any loss or damage not covered by the insurance policy, which may
occur on or to the yacht until she has been taken over again by the Owner.
b) To leave on deposit and as guarantee with the owner on taking over
the Yacht the amount of ( * ) to meet in whole or in part any claim by
the Owner in respect of any loss or damage to the Yacht and/or her equipment
not recoverable under the policy of insurance as in Clause 3 (b) hereof
and for any claim by the Owner in respect of the provisions of Clause
4 (a) above. The aforesaid deposit shall be refunded to the Charterer,
subject to the provisions above, after inspection of the yacht, her gear
and her inventory by the Owner.
c) Not to use the Yacht for racing or for towing other craft, except in
an emergency, or generally for any purpose other than that of private
pleasure of the Charterer and his party which should include not less
than ( 1 ) qualified Skipper and ( 1 ) experienced crew members, but not
more than ( * ) in all at sea, or to accommodate aboard any person other
than those shown on the crew / passenger manifest nor to take the Yacht
or permit her to be taken outside the area of the Greek seas nor to sublet
the Yacht without the written consent of the owner.
d) Not to allow any person on board to commit any act contrary to the
customs laws of Greece or of any country or contrary to the laws pertaining
to fishing or under water fishing nor to seek and / or take possession
of objects of archeological nature or value and that in case any such
act is committed this Agreement shall thereupon terminate, but without
prejudice to any rights of the Owner and that the Charterer shall carry
alone any resulting responsibilities and he shall answer alone to the
e) To take any possible preventive measure and precaution to avoid to
bring the Yacht in any condition in which the Yacht will need to be towed
to any point by another vessel, but should such a necessity arise, inspire
of the Charter's efforts, to negotiate and agree with the captain of the
other vessel on the price to be paid, before allowing the yacht to be
f) Not to leave a port or anchorage if the wind force is or is predicted
to be over six (6) of the Beaufort Scale or if the harbor Authorities
have imposed a prohibition of sailing or while the yacht has unrepaired
damage or any of her vital parts such as engine, sails, rig, bilge pump,
anchoring gear, navigation lights, compass, safety equipment, etc. are
not in good working condition or without sufficient reserves of fuel or
in general, when weather conditions or the state of the yacht or its crew
or a combination of them concerning the safety of the yacht and her crew
g) When necessary, to promptly reduce canvas and not to allow the yacht
to be found sailing under an amount of canvas greater than the one insuring
comfortable sailing without excessive strains and stresses on the rigging
and the sails, not to sail the yacht in any area not sufficiently covered
by the charts at his disposal or without having previously studied the
charts of the area and other printed aids on board thoroughly, not to
sail the yacht at night without all navigation lights functioning or without
sufficient watch on deck.
h) To keep the yacht's log book up to date, noting each day the port of
call, the state of the yacht and its equipment, any change in the composition
of the crew when at sea, regularly, the times positions, weather conditions,
sail plan and hours of engine operation.
i) To plan and to carry out the yacht's itinerary in such a manner as
to reach the port of call farthest away from the point at which the yacht
must be returned to the owner (Turn-Around Point) within the first one
third (1/3) of the charter period and that two days prior to the termination
of the charter the yacht's port of call shall lie at a distance not greater
than forty (40) N.M. from the point at which the yacht is to be returned
to the owner.
j) To report by telephone or cable to the Owner at reasonable intervals
the position and state of the yacht and of her passengers, as well as
in the event of any damage to the yacht.
k) To study and acquire a working knowledge of any printed matter pertaining
the proper handling of the yacht and to the conditions in the cruising
area which may be made available to him by the owner.
IT IS HEREBY FURTHER AGREED by and between the parties hereto:
5. This agreement is entered into on the basis of the Charterer's competence
in sailing, seamanship and navigation stated by him in writing and in
the event of any error, omission or misinterpretation in this respect
being subsequently discovered, the owner shall be entitled to terminate
this Agreement forthwith and to retain the charter fees.
6. The owner (or his representatives) may require the Charterer and
his crew to demonstrate their competence in handling and navigating the
yacht safely by actually operating the yacht at sea with the owner (or
his representative) aboard and should the Charterer and/or his crew fail
to satisfy the owner in this respect, the owner may terminate this Agreement
as stated in Clause 5 above or place aboard the yacht a seaman, if one
acceptable by both the owner and the Charterer is available, at the expense
of the Charterer, for as many days as the owner will consider necessary
for the safety of the yacht and her passengers and any time required for
this test of the Charterer's competence and seamanship will be part of
the agreed Charter period.
7. The delivery of the yacht to the Charterer will be made at the commencement
of the charter period as designated in Clause 1. The time required to
demonstrate the yacht to the Charterer and to familiarise him with her
shall be part of the agreed charter time. The free use of the yacht will
be granted to the Charterer after he has signed the take-over form.
8. Before signing the aforesaid form, the Charterer shall have the right
to inspect the yacht, her gear and her inventory thoroughly to ascertain
that all are available in good working condition, except as may be noted
thereon, but the signature of the take-over form by the Charterer shall
be deemed to imply acceptance of the yacht which thereafter will be in
the Charterer's full responsibility and the Charterer shall have no right
to claim in any loss of item or expense occasioned by any accident or
breakdown or failure of any part of the yacht.
9. After take-over, expenditures for port-dues, water, fuels, oils and
any other stores required, as well as the repair of any damage or failure
that may occur while the yacht is in the Charterer's responsibility and
which are not the result of normal and natural wear shall be made by the
Charterer at his expense, provided that the previously obtained the consent
of the Owner for the technical suitability of the repair to be made. In
the case of repairs of damages or failures resulting clearly from normal
and natural wear, the Charterer shall previously obtain the owner's consent
with regard to the cost and technical suitability of these repairs and
the Charterer shall collect the pertinent receipts against which he shall
be refunded by the owner at the end of the charter.
10. If any accident or damage is caused by the yacht, The Charterer shall
request from the nearest port Authority to ascertain the damage or accident
and the circumstances in which it has been caused and to make a written
record and statement about it and he shall notify the owner at the same
11. In the event of cancellation of the charter by the Charterer, for
any reason, except as mentioned in Clause 3 (c) (iii), after signing this
Agreement, all advance payments made up to the date of cancellation will
be retained by the owner, and the owner reserves the right to refund the
said deposits, less any discounts, commissions or administrative costs, only if he succeeds in letting the yacht to another Charterer
for the same period and under the same conditions. In the event that the
Charterer should elect to terminate the charter and deliver the yacht
prior to the date designated in this Agreement, the owner shall not be
liable to the return of any proportional part of hire money.
12. Should the yacht become an actual or constructive total loss before
or during the charter period, this Agreement shall be deemed to be at
an end the Charterer shall recover from the owner all charter monies paid
in advance to the owner only in case the loss has occurred before the
charter period, or during the charter period, provided that the Charterer
or his crew were not responsible for the loss.
13. The special provisions, if any, set out in the Schedule hereto are
fully accepted and from
14. The agents of the owner Messrs ( * ) act in good faith on behalf of
both owner and Charterer but contract as agents only and in no way incur
any liability for any acts, matters or things done, committed, omitted
or suffered by either party, except for the responsibilities provided
by the pertinent legislation of Greece.
15. In the event of any dispute arising between the parties hereto with
respect to this Agreement or anything herein contained the same shall
be referred to two Arbitrators in Greece one to be appointed by each party,
whose decision shall be final or to an Umpire to be appointed by such
Arbitrators, if and when they shall disagree, the decision in such event
of the Umpire to be final.