CHARTERER’S RIGHTS AND OBLIGATIONS
Payments: The Charterer agrees to hire the yacht and shall pay the charter fee and any other agreed charges by the means specified in this agreement. Delivery / Redelivery: The Charterer agrees to embark and disembark at the ports stated in this agreement. The Charterer shall redeliver the yacht back free of any debts incurred for the Charterer’s account during the charter period and in as good condition as when delivery was taken, except for the fair wear and tear arising from ordinary use. Cruising area: The Charterer shall restrict the cruising area of the yacht to the agreed cruising area. Maximum number of persons: The Charterer shall not, at any time during the charter period, exceed the maximum number of persons stated on this agreement (excluding crew) to sleep and eat onboard the yacht. Where children are taken onboard, the Charterer will be fully responsible for their safety, conduct and entertainment and no member of the crew shall be called upon in anyway responsible for their safety, behaviour or entertainment. Terms: The charter shall cover only those items set out on the agreement. Delay in redelivery: If, for any reason other then Force Majeure, the Charterer fails to redeliver the yacht back at the port of redelivery, the Charterer shall agree to pay demurrage at the daily rate, subject always to the yacht owner / agent’s right to recover further or additional loss, including what the next Charterer for the yacht shall pursue, or damage, if any thereby sustained. Insurance: The Charterer shall be responsible to the yacht owner / agent of any loss, damage or injury caused by the willful or negligent acts of himself or his guests and shall give prompt notice to the yacht owner / agent of any event that may rise to a claim. The Broker(s) advise the Charterer to have an additional insurance for himself, his guests and also against third parties. Breakdown or disablement: If the yacht is disabled to the extent where it cannot be repaired within 48 hours or period of one fifth of the charter period, whichever is longer and cannot be replaced by a similar yacht, the Charterer may terminate this agreement by notice to the Broker(s) or yacht owner / agent. The refund will be made, when practical after such termination, by the yacht owner / agent, pro-rata for that part of the charter period that commenced after the time of loss or disablement. Use of the yacht: The Charterer shall use the yacht exclusively as a pleasure vessel for the use of himself and his guests. The Charterer shall ensure that: * No pets or animals are brought on board without prior permission. * No narcotics shall be used or carried on board. * The use by him and his guests shall not cause any nuisance or offence to any person. * He and his guests shall comply with the Law and Regulations of any country into whose waters the yacht shall cruise and enter during the course of this agreement. * Any bonded stores or other merchandise, which may be aboard the yacht, are cleared through the customs before taken ashore. If the Charterer or his guests commit any offence contrary to the Laws and Regulations of any country which results in any member of the crew or guests or the yacht being detained, fined or imprisoned, arrested or seized, the Charterer shall indemnify the yacht owner / agent against all loss, damage and expense incurred by the yacht owner / agent as a result and the yacht owner / agent may by giving notice to the Charterer terminate this agreement forthwith. Non-assignment: The Charterer shall not assign this agreement or sub-let the yacht without the consent, in writing, of the yacht owner / agent.
YACHT OWNER / AGENT’S RIGHTS & OBLIGATIONS
Agreement to let: The yacht owner / agent shall let the yacht for the charter period and agrees not to enter into any other agreement for the same period. Delivery: The yacht owner / agent shall deliver the yacht to the port of delivery in full working order, clean and good condition and ready for service. Crew: The yacht owner / agent shall provide a properly qualified Captain approved by the Turkish port authorities and a properly qualified crew. Cancellation: If the yacht owner / agent shall be given a notice of cancellation of this agreement by the Charterer on or at any time before commencement of the charter period, or if the Charterer shall fail after notice, to pay any amount payable under this agreement, the yacht owner / agent shall be entitled to treat this agreement as having been repudiated by the Charterer and to retain the full amount of all payments made to the yacht owner / agent before repudiation. If, however, the yacht owner / agent is able to re-let the yacht to another Charterer for the same period and upon terms and conditions no less favorable to the yacht owner / agent than of this agreement, the yacht owner / agent shall refund the Charterer the amount of such payments already made to the yacht owner / agent, less a sum equal to the expenses incurred by him in connection with the letting to the Charterer and such re-letting. Delay in delivery: * If for any reason, the yacht owner / agent is unable to deliver the yacht to the Charterer at the port of delivery at the commencement of the charter period, the yacht owner / agent shall pay a pro-rata refund of the charter hire for the lost period, or, if it be mutually so agreed, shall allow pro-rata extension of the charter period. * If by reason of Force Majeure, delivery has not been made by the yacht owner / agent within 24 hours or after a period of time equivalent to one seventh of the charter period, whichever is shorter or the yacht is not replaced by at least similar or better vessel, the Charterer shall be entitled to treat this agreement as having been repudiated by the yacht owner / agent and to claim repayment without interest pro-rata to the period of delay or if it be mutually agreed, shall allow pro-rata extension of the charter period. * If, however, otherwise than by reason of Force Majeure, delivery has not been made by the yacht owner / agent within aforesaid period the Charterer shall be entitled to treat this agreement as repudiated by the yacht owner / agent and shall demand full amount of charter fee paid by himself. Breakdown or disablement: If after delivery, the yacht at any time is disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the yacht by the Charterer for a continuous period of 24 hours or more, then (unless such loss of use is caused by an act, neglect or default of the Charterer’s, where the yacht owner / agent will be entitled to reimbursement of damages etc. from the Charterer) there shall be a refund after the 24 hours of time lost or, alternatively if agreed, the charter period shall be extended. After the 24 hour time lost, if the Charterer agrees, the yacht owner / agent shall replace the yacht with at least a similar or better vessel. If the Charterer elect to cancel the remainder of the charter period, the yacht owner / agent shall refund the pro-rata hire fee of the unused period. Captain’s authority: The yacht owner / agent shall ensure that the Captain shall show the Charterer the same attention as if the Charterer where the yacht owner / agent and the Captain shall comply with all reasonable orders given to him by the Charterer regarding the management, operations and movement of the yacht, wind, weather and other conditions permitting. The Captain shall not however, be bound to comply with any order which, in the Captain might result in the yacht moving to any port or place that is not safe and proper for her to be in or might result in the Charterer failing to redeliver the yacht upon expiration of the charter period. Further, without prejudice to any other remedy of the yacht owner / agent, if in the reasonable opinion of the Captain, the Charterer of any of his guests fail to observe all or any part of the aforementioned provisions and such failure continues after the Captain has given due and specific warning to the Charterer in writing in respect of the same, the Captain shall be entitled to return the yacht to port of delivery and upon such return the charter period shall be terminated and the Charterer shall not be entitled to any refunds of the charter fee. Complaints: The yacht owner / agent shall not be liable in respect of any matter arising out of or in connection with this agreement unless the Charterer has given the yacht owner / agent notice of his complaint, not later than 24 hours after the expiration of the charter period or where practical, after the time when the event giving rise to complaint occurs.
The Charterer agrees that the Broker(s) having provided information and promoted this charter in good faith shall not be responsible for any loss or damage arising from any errors of description, negligence or breach of duty and in the event that the Broker(s) shall sustain any liability to any person, company or authority as a result of assisting in the performance of this charter, the Charterer shall indemnify and hold harmless the Broker(s) for any loss or damage thereby sustained. Arbitration: Any dispute in connection with the interpretation and fulfillment of this agreement shall be decided by arbitration. Each party shall appoint their own arbitrator whose decision will be final and binding. The agreement shall be governed by and constructed in accordance with the laws of Turkey.