1. The vessel shall be delivered equipped with appropriate equipment, supplies, appliances and accessories, as well as all required documents, all safety equipment required by law. It shall be delivered seaworthy and in working order.
2. If the vessel does not arrive within 24 hours from the scheduled boarding date, the Charterer shall be entitled to terminate this contract, without any penalty, provided that it is declared in writing within 24 hours from the deadline of that time limit. In the case of: a) confirmation of the charter: the charter agreement shall commence at the moment of the effective vessel delivery, notwithstanding the expiry of the contract unless otherwise agreed; in which case, the payment amount agreed upon, following in article 5, shall be reduced by 5% of the amount of the boat charter. B) termination of the contract: any compensation paid by the Charterer shall be immediately returned, without interest. C) The Owner will not be held responsible for damages for late delivery due to force majeure.
3. USE OF VESSEL The vessel shall be used exclusively for recreation, within suitable and safe dockings and ports, wherever it can safely stay afloat, within the following limits: Mediterranean Sea. Daily navigation shall not exceed an average of 6 hours per day. The Charterer shall not transport persons or goods, nor engage in any type of trade or conduct illegal activity. The Charterer shall not keep any type of narcotic substances on board, not even for personal use. The Charterer shall compensate the Owner for any loss, damage, or liability resulting from any breach of the provisions mentioned above.
4. HIRE FEE For the bareboat charter period, the Charterer shall pay the amount which includes the boat rental and all accessories on board (two canoes, coffee espresso machine, tender with outboard, Big BBQ).
5. SECURITY DEPOSIT: A security deposit is not required from the Charterer.
6. FAILED PAYMENT: a) In the case of non-payment of deposit, under the terms and conditions established, this contract shall be deemed null and void. B) In the case of non-payment of the balance, under the terms and conditions established, the contract shall be terminated and the Owner may withhold all payments received as compensatory damages.
7. OWNER EXPENSES The Owner shall be responsible for all expenses required to maintain the vessel in full working order, with emphasis on the hull and engine, as well as to guarantee insurance coverage for the vessel and all guests on board.
8. CHARTERER EXPENSES The Charterer shall be responsible for fuel supply costs, water and electricity consumed at port, provisions for the Charterer and guests, as well as port and local taxes. The Charterer guarantees to carry sufficient funds (in cash or traveller’s cheques) to pay all costs attributed to the Charterer and guests.
9. CAPTAIN’S AUTHORITY Weather conditions permitting, the conductor shall always pilot the vessel with discretion, provided that the place, port, and navigation systems are suitable, given his/her sole judgement.
10. SUSPENSION OF THE CHARTER If, after the delivery of the vessel to the Charterer, and for reasons not attributable to the same: a) the vessel is not able to render its services for a period superior to 24 consecutive hours, due to onboard equipment failure, damage to the hull, or other accidents, the charter shall be suspended from the moment in which the disablement occurred until the moment in which the vessel can resume service, provided that continuation occurs in the equivalent route or position. The Owner will be responsible for all port expenses, fuel, water, and electricity consumed during the suspension period. B) the disablement exceeds 48 consecutive hours, or the vessel is lost, the Owner may terminate this contract, giving immediate written notice to the Charterer. Any compensation paid in advance, from the moment the disablement or loss occurs, shall be returned to the Charterer. In such case, the vessel shall be re-delivered at the location where the disablement occurred; the Charterer shall also be entitled to reimbursement of travel and accommodation expenses in order to reach the expected port of delivery, for both the Charterer and guests.
11. INSURANCE The Owner shall insure the vessel and keep it insured for the entire duration of the charter, as well as obtain insurance to cover third party liability. In any case, the Charterer is responsible for any damage due to the Charterer or guests which is not compensated for by the insurance. Insurance is not included for personal belongings of the Charterer or guests aboard.
12. FORCE MAJEURE Acts of God, matters of State, governments and people, strikes and lockouts, accidents and misfortunes of the sea, as well as explosions, accidents related to river and sea navigation, even if caused by negligence, fault or error on the part of the pilot, captain, crew members, or other service members to the Charterer, will be considered FORCE MAJEURE to the effects of this contract.
13. TERMINATION In the event in which the Charterer, for reasons beyond his/her control, is forced to terminate this contract before the charter, the Charterer shall send written notice thereof to the Owner, who then has the right to withhold all payments received in accordance with clause 6, without the right to compensation for damages. In the event in which the Owner cannot make the vessel available for a period superior to 8 hours, and is unable to supply a similar vessel in replacement, the Charterer shall be entitled to a full reimbursement of all payments made, without the right to compensation for damages.
14. SUB-LEASE The Charterer shall not sub-lease the vessel or cede the rights given by this contract without written consent from the Owner.
15. SALVAGE The entire compensation for rescue and assistance given to other vessels will be entirely given to the Owner, after deducting the crew’s proportion, legal fees or the like, including the amount of rent paid under the contract for the time lost during the rescue, as well as repairs for any damage and fuel consumed.
16. REVENUE TAX AND REGISTRATION The required duty stamps for the issue of this contract shall be paid for by whomever requests the stamped original. Registration fees, if incurred, shall be paid for by whomever registers the agreement.
17. PENALTIES AGAINST CHARTER COMPANY In the case of failure or damage to the following appliances on board, not repaired within 24 hours of damage, the charter company shall be required to reimburse the CHARTERER upon disembarkation, according to the following daily penalties:
