Charterer Terms & Conditions
Definition of parties; Signatory of these terms and conditions (Charterer): The chartered yacht (the Yacht): Persons or company with ownership of the Vessel (the Owner): Operator and management company of the Vessel (Charter Company): Booking agent (Agent)
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1) PAYMENTS: For any and all charter monies paid by credit card, the Charterer acknowledges receipt of goods and/or services for the “Charter fee” stated on this Agreement and agrees to perform the Obligations set forth in the Cardholder's Agreement with the issuer.
2) HULL / DINGHY DAMAGE WAIVER (HDDW):This fee covers damage to the Yacht below the water line the dinghy and motor. The HDDW does not cover damage to the vessel/dinghy caused by gross negligence, wanton or willful misuse by Charterer, his or her family, guests and agents.
The Charterer is responsible for disposing of cigarette/cigar butts and ash safely and is liable for any damage to the Yacht, equipment or appointments caused by smoking. No smoking of cigarettes or cigars is allowed within the interior of the Yacht. Smoking is permitted in the cockpit, on the dive platform and transom steps only.
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3) POINT OF DEPARTURE: The Yacht shall be made available for departure at The Charter Company base in full commission and in proper working order. Tanks full of water and ample fuel respectively, in good clean condition throughout and ready for service no later than 4 hours of the specified time. The Charterer will inspect the Yacht, and upon acceptance (by officially beginning the charter) certify that he/she has found the Yacht in charter able condition and in every respect seaworthy and that delivery of the said Yacht to the Charterer constitutes full performance and compliance with all obligations of The Charter Company to the Charterer.
In the event that The Charter Company shall fail to make delivery of the Yacht as outlined above, but shall within 48 hours thereafter make delivery of the Yacht, then the Charterer shall be allowed demurrage pro rata for the number of days delay. Demurrage shall be offered in the form of credits against future charters. In the event that The Charter Company fails to make delivery of the Yacht past the 48 hours as set forth herein, then this agreement may be cancelled by the Charterer and all charter fees and security deposits shall be refunded to the Charterer.
The Charter Company and its subsidiaries and the Agent through whom the charter contract has been made shall not be liable for any compensatory, consequential, punitive or other damages or expenses (including travel and hotel) of ANY kind occasioned by the Charterer as a result of The Charterers’ inability to deliver the Yacht for any reason.
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4) MECHANICAL FAILURE: If the Yacht is at any time out of commission due to mechanical failure for more than 4 hours during the charter, The Charter Company agrees to credit demurrage in the form of credits against future charters for lost “sailing time”, provided the Charterer notifies The Charter Company in a timely fashion of the failure encountered with the Yacht and gives The Charter Company the opportunity to make the necessary repairs. Sailing time being deemed to be between the hours of 8.00 AM and 5.00 PM daily. The Charter Company shall not be liable for any lost sailing time, chase boat expenses, or labor charges if the problems are caused by operator error or carelessness on behalf of the Charterer or the Charter guests.
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5) BLOCKED HEADS: Blocked heads due to any blockage other than mechanical failure of parts is at the Charterer's expense ($80.00 charge) excluding the chase boats expense.
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6) INSURANCE: The Charter Company agrees to provide insurance on the Yacht, its hull and machinery and that it is subject to a deductible for each and every claim. Third party protection and indemnity is provided to a limit of $1,000,000.00 for any one loss. This insurance is held by The Charter Company according to the aforementioned terms, as protection against any loss or damage that my occur to, or be caused by, the Yacht during the charter period and the Charterer shall thereby be relieved of any liability for such loss or damage when covered by said policy or insurance, except to the extent of the security deposit. In the event of accident, theft, damage, or breakdown, the Charterer agrees to give The Charter Company prompt notice of such. The Charterer remains entirely liable for the incident and the security insurance does not apply if loss or damage results from the Charterers gross negligence or under the influence of alcohol or a controlled substance.
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7) RUNNING EXPENSES: The Charterer agrees to accept the Yacht as outlined herein and further agrees to pay ALL running expenses during the term of the charter. This will include, but is not limited to fuel, oil, water, food and other consumables, pilotage, port charges, customs fees, dockage and crew fees.
8) RESTRICITED USE: The Charterer further warrants that they shall not have on board, transport, or sell illegal products or substances. In the event of vessel seizure or impoundment as a consequence of any breach of items aforementioned herein will be the sole responsibility of the Charterer, this will include but will not be limited to loss of revenue on future bookings on behalf of The Charter Company, fees (including legal fees) incurred for Yacht release and Yacht down-time which will be pro-rated on a daily basis at the normal seasonal rates.
9) BAREBOAT CAPTAIN & CHEF: In the event the Charterer elects to hire a Captain or Chef for the duration of the charter, the Charterer acknowledges it is customary to provide a Gratuity for good service. Guidelines for gratuities are; Good service; 5% to 7.5% of charter fee (per crew member) Excellent service; 7.5% to 12% of charter fee (per crew member)
10) RETURN OF THE YACHT: The Charterer agrees to surrender the Yacht at the time and at the point of pick-up as specified on the signed agreement, with all gear aboard, free and clear of any indebtedness or liens incurred by the Charterer, clean and in the same condition as upon departure, normal wear and tear from ordinary use excepted. If the Charterer returns the Yacht in a condition that demands extraordinary cleaning, then The Charter Company may charge the Charterer for that cleaning. If the charterer fails to return the yacht at the agreed time on the agreed date, an additional fee equivalent to one day’s charter fee will be added automatically. If the yacht has been booked for the following day after the ending date of the charter as stated on this agreement, an additional week’s fee will automatically be charged to the charterer’s credit card in the event of the yacht not being returned to the base by 10 AM. The yacht should be returned to the base by 9am on the last day of charter, fully fueled with all passengers and their belongings departed by 10am by which time the charter period has completed.
11) CANCELLATION POLICY: In the event that the charterer cancels the reservation the following terms will apply:
A) Deposits are non-refundable. Trip insurance is recommended.
B) Prior to 90 days from commencement date a cancellation fee of 20% of the charter fee is charged in the event of a refund, regardless.
C) After 90 days no portion of the charter fee paid herein is refundable
D) Should any installment of charter money not be paid on the date designated, or within three days thereafter, The Charter Company reserves the right to cancel the reservation and advertise the period for rebooking. Any funds paid by the Charterer will be forfeited
In the event that The Charter Company has to cancel any portion of the charter due to severe weather or warnings of severe weather, a credit for the unused portion of the total charter fee will be issued. This credit can be used against any future charter with The Charter Company depending on Yacht availability or extending the current charter term if the Yacht is available.
The Charter Company and its subsidiaries and the Agent through whom the charter contract has been made shall not be liable for any compensatory, consequential, punitive or other damages or expenses (including travel and hotel) of ANY kind occasioned by the Charterer as a result of The Charter Companies inability to deliver the Vessel for any reason.
12) APPLICABLE LAW. Any dispute of any nature arising out of this Agreement or as a result of Participant’s participation in The Charter Company activity shall be brought in the courts of Dallas County, Texas and Texas laws will control any such dispute between The Charter Company, Agent or any related or Released Party. In the event of these terms and conditions being executed on behalf of either party by a booking agent, the booking agent shall neither be entitled to sue nor be liable to be sued upon the contract. The Charterer agrees that in no event shall the agent have any liability to the Owner for any loss, cost, damage or inconvenience ( collectively ‘Loss’) suffered by the Charterer in connection with these terms and conditions.
THE CHARTER COMPANY AND BOOKING AGENT WILL NOT BE LIABLE TO ANY PERSON FOR ANY LOSS, DAMAGE, INJURY OR DEATH THAT MAY RESULT TO ANY PERSON OR PROPERTY BY OR FROM ANY CAUSE WHATSOEVER DUE TO THE CHARTERER'S USE OF SAID YACHT AND ITS EQUIPMENT, WHETHER OR NOT THE EQUIPMENT IS PROVIDED BY THE COMPANY OR CHARTERER (SPECIFICALLY INJURIES OR DEATH DUE TO SWIMMING OR THE USE OF SAILBOARDS, SNORKELS, MASKS OR ALLIED EQUIPMENT SUCH AS SCUBA EQUIPMENT). THE CHARTERER WILL INDEMNIFY THE CHARTER COMPANY & AGENT AGAINST AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, ACTION, SUITS, AND PROCEEDINGS OF EVERY KIND, INCLUDING THE COST AND EXPENSES THEREOF, CAUSED BY, ARISING OUT OF, OR CONNECTED WITH, CHARTERER'S USE OF SAID YACHT.
Compensation or refunds will not be made where the Charterer is inconvenienced or has to pay due to situations such as war, threat of war, riots, civil disputes, fire, explosion, pandemic or congestion of airports or ports or cancellation or changes by carriers ceasing to operate due to weather conditions, natural disasters, or other reasons and similar events outside our control.