The OWNER/AGENT undertakes to deliver the above-mentioned vessel (hereinafter "the vessel") on the date and place agreed upon to the CHARTERER, for the Charter Freight mentioned above. If delivery of the vessel takes place at a private marina, the related expenses burden the CHARTERER, and are excluded of the Charter Freight. The OWNER/AGENT agrees not to sign any other charter agreement for the vessel at the same period.
The OWNER/AGENT agrees to deliver the vessel with a full fuel tank, clean and ready for sea, with all the gear and equipment required, and in case of extra gear or equipment as those are indicated in the vessel's brochure signed by the parties, in excellent operating condition, at the place of delivery.
The OWNER/AGENT undertakes to transport and place the vessel in the water as well as to pick it up at the end of charter agreement with its own trailer and vehicle. The OWNER/AGENT shall place at the disposal of the CHARTERER the whole or part of the Vessel's passenger accommodation in accordance with the description of cabins (if any) and berths (if any). The passengers shall also be permitted the use of the public rooms (if any) and those parts of the Vessel's deck space which are normally available for passenger use.
In case the Vessel is delivered to the CHARTERER including skipper services, for the purposes of handling the vessel during the charter period, the skipper’s fees are included in the above-mentioned charter freight.
The OWNER/AGENT is obligated to insure the vessel for the duration of the charter (civil liability, total theft and fire). For this reason, the OWNER/AGENT has already paid the annual blanket insurance coverage.
The signature of this agreement (or the formal acceptance of the agreement via internet) by the OWNER/AGENT becomes valid and binds the OWNER/AGENT to his obligations mentioned only on the condition that the CHARTERER will have proceeded with payment of the amounts that are indicated above.
The OWNER/AGENT shall have the option at any time to substitute the vessel with one of at least similar size and quality. In the event, however, that the OWNER/AGENT intend to substitute a vessel, then the CHARTERER shall be afforded an opportunity to inspect the proposed substitute and approve the substitution, which approval shall not be unreasonably withheld or delayed.
Administration charges of €500 will be applied for bookings cancelled after signing the Charter Party between 60 to 90 days prior to boat embarkation. In this case the option for re -booking will be given to the charterer upon availability.
For cancellations between 41 to 59 days prior to charter start date, charges of 50% of the Charter Freight Total apply.
For cancellations between 12 to 40 days prior to charter start date, charges of 80% of the Charter Freight Total apply.
For cancellations between 0 to 11 days prior to charter date, charges of 100% of the Charter Freight Total apply.
The CHARTERER agrees to arrive at the aforesaid delivery place and charter the attended/unattended above-mentioned vessel for the period as stated above.
The CHARTERER agrees to return the vessel to the OWNER at the agreed place of redelivery, together with all the equipment, in the same good condition as it was at the time of delivery, at the time designated in the charter party. If the CHARTERER returns the vessel earlier than the aforesaid date and time, he or she is not entitled to a refund of his/her money for the hours/days that the vessel was not used. The CHARTERER agrees:
To return the Vessel with a full fuel tank or with the same level of fuel as at the time of delivery.
That the OWNER/AGENT is entitled to deduct from the security deposit the amount of money corresponding to the value of the fuel needed to fill the fuel tank to the same level as it was at delivery time should the Charterer fails to return the Vessel with a full fuel tank or with the same fuel level tank as he/she took delivery of.
The CHARTERER before departure is obligated to inform him/her self of the weather forecast and undertakes not to use the vessel in (i) conditions of limited visibility (ii) when the wind power reaches 6 beau fort or more, or when the Port Authorities have issued a warning for sailing (iii) if the charterer is in no condition to sail due to illness, exhaustion, drunkenness etc. (iv) in case any damages have incurred to the vessel which might put into danger the crew and/or the vessel (v) when the number of people onboard is greater than the one that permitted. It is clearly stated that it is forbidden to use the vessel for races of any type or any type of towing of other vessels. This excludes the instance of imminent danger, where rescuing another vessel is mandatory according to the Law, should any incident of such nature incur the skipper is obligated to inform the OWNER/AGENT and the Coast Guard Authorities accordingly.
Before the delivery of the vessel, the CHARTERER has the right to inspect the vessel, its gear and the inventory, to ascertain that everything is in good working condition. The time needed for the inspection of the vessel, will not be concerned as any delay on the delivery or the embarkation.
The CHARTERER has no right to:
Exit coastal waters.
Use the vessel for any illegal act.
Exceed the vessel’s max. number of passengers mentioned above.
Sub-charter the vessel
If the vessel is involved in any accident during the cruise, the CHARTERER must notify immediately the OWNER/AGENT, as well as the nearest Port Authority/Coast Guard for the purpose of making a written statement, ascertaining the accident or any damages that might occurred to the vessel or third parties, and report the circumstances of the incident.
The CHARTERER undertakes to indemnify the OWNER/AGENT and the Vessel, against all damages to the Vessel and its equipment -except for ordinary wear and tear- caused by any intentional or negligent act or omission, as well as against liabilities for any illegal acts, including but not limited to smuggling, drug abuse, facilitating stowaways, possession of firearms or explosives, pollution, unlawful entry, or overextended stay. The OWNER/AGENT is entitled to withhold any amount from the security deposit and to pursue further compensation for any of the aforementioned cases.
The CHARTERER agrees not to allow any person on board, to commit any act contrary to the customs, the laws of Greece or of the EU, or contrary to the laws pertaining to fishing or under water fishing, nor to seek for and/or take possession of objects of archaeological nature or value. If any of the present clause mentioned acts are committed, this charter party will be considered terminated, without prejudice to any rights of the OWNER/AGENT. The CHARTERER will be the sole responsible for the above-mentioned acts and the OWNER/AGENT will not be involved for any reason, during any questioning procedure by any competent Authorities.
In case that a total loss of the vessel incurs before or during the Charter period, this charter party shall be deemed terminated. The CHARTERER is entitled to full refund provided that the CHARTERER or the passengers were not responsible for the loss. The CHARTRER is not entitled to claim any further damages whatsoever.
During the Cruise, the Skipper shall have complete control of the Vessel and shall be in charge of all operations relating to the Vessel. The Skipper shall have complete and unrestricted discretion to act in any way he regards as appropriate, including but not limited to such action as the Skipper may consider necessary or desirable to preserve the safety and security of the Vessel or the comfort and enjoyment of the passengers, to comply with local and flag state law, to safeguard the environment and to maintain good order and security on the Vessel.
The Skipper may at his/her sole discretion and without any liability on his/her part refuse transportation of, or at any stage of the Cruise disembark, any person who in their judgement endangers the Vessel or himself/herself, is or becomes unfit to travel, or jeopardises the health, safety or well-being of other persons on board.
All amounts of the Charter Freight shall be paid in full, without deductions or set offs and free of bank charges into the OWNER’S/AGENT’S bank account, or such other account as the OWNER/AGENT may hereafter designate in writing to the CHARTERER, in the manner and at the time(s) as provided below:
For a booking date 90 days prior the delivery date:
1st Advance payment: 40% of Charter Freight in Total, for booking confirmation (Card payment only). The Advance payment should not exceed the amount of 1300,00 euros. In case that, the 40% of the Charter Freight in Total, exceeds the amount of 1300,00 euros, then the amount of 1300,00 euros is paid on the booking date, and any exceeding amount should be paid (card payment or bank transfer) until 4 days after the booking date. 2nd Advance payment: 30% of Charter Freight in Total, in between the booking date and the Balance payment (Card payment only). Balance payment: Remaining 30% of Charter Freight in Total, 7 days prior the delivery date (Card payment only).
For a booking date between 7 and 90 days, prior the delivery date: Advance payment: 50% of Charter Freight in Total, for booking confirmation (Card payment only). The Advance payment should not exceed the amount of 1300,00 euros. In case that, the 50% of the Charter Freight in Total exceeds the amount of 1300,00 euros, and the delivery date is more than 12 days from the booking date, then the amount of 1300,00 euros is paid on the booking date, and any exceeding amount should be paid (card payment or bank transfer) until 4 days after the booking date. Balance payment: Remaining 50% of Charter Freight in Total, 7 days prior the delivery date.
For a booking date, less than 7 days prior the delivery date: Card payment only. 100% of Charter Freight in Total.
Advance fuel allowance (AFA): The AFA charge amount, is equal to the amount of a full refuelling of the Vessel. The AFA is paid only by credit card, on the delivery date. The AFA charge, is fully refundable, if the CHARTERER redelivers the Vessel with a full fuel tank. In any other case, the CHARTERER will get a partial refund, depending on the amount of unused fuel. The CHARTERER must wait until refuelling is over.
Security deposit: The Security deposit charge amount, is equal to the insurance deductible (out of pocket) plus VAT. The Security deposit is paid only by credit card, on the delivery date (if all the conditions and requirements of the present agreement are met, the security deposit is refundable to the CHARTERER. In any other case the clauses of the present agreement are applicable). In the case of an online payment, the website’s Terms & Conditions are applicable.
In the case of violation of the aforesaid terms and conditions by the CHARTERER, this charter party shall be terminated, and any amount already paid to the OWNER/AGENT will be withheld as a penalty, without limiting any other CHARTERER’s liability towards the OWNER/AGENT.
The OWNER/AGENT and the Vessel shall have the right at all times to avail themselves and have the benefit of any limitation of liability or exoneration of liability rule, regulation or statute applicable.
If any action is brought directly against the OWNER/AGENT of the Vessel, its Skipper (if the Skipper is provided by the OWNER/AGENT) or crew or any servant, agent or independent contractor, or against any person having an interest in the Vessel, such persons shall be entitled to avail themselves of all defenses and limits of liability, which the OWNER/AGENT is entitled to invoke under this Charter Party and the provisions of law applicable, as if they were expressly made for their benefit. In entering into this Charter, the OWNER/AGENT do so not only on his own behalf but also as agent and trustee for such persons, who shall to this extent be or be deemed to be parties to this Charter.
Neither the OWNER/AGENT nor the CHARTERER shall be responsible for any loss, damage, delay or failure in performance under this Charter Party resulting from act of God, civil commotion, bad weather (except the cases and conditions referred in clause 2.3), closure of ports, quarantine and epidemics or any other event whatsoever arising after signing the Charter Party which cannot be avoided or guarded against by the exercise of due diligence or the consequences of which as may affect the performance of this Charter Party, cannot be avoided or guarded against by the exercise of due diligence.
"War Risks" shall include any war (whether actual or threatened), act of war, civil war, hostilities, revolution, civil commotion, warlike operations, the laying of mines (whether actual or reported), acts of piracy, acts of terrorists, acts of hostility or malicious damage, blockades (whether imposed against all vessels or imposed selectively against vessels of certain flag or ownership), by any person, body, terrorist or political group, or the Government of any state whatsoever, which are dangerous or likely to be or to become dangerous to the Vessel, crew or passengers. "War Risks" shall also include for the purpose of this clause any nuclear accident (whether actual or reported), which is dangerous or likely to be or become dangerous to the Vessel, crew or passengers.
If at any time before the commencement of the Cruise, it appears that the performance of this Charter or any part of it, may expose the Vessel, its crew or passengers on board the Vessel to War or any other Risks, the OWNER/AGENT may give notice to the CHARTERER cancelling this Charter Party, or may refuse to perform such part of it as may expose or may be likely to expose, the Vessel, its crew or passengers to War or other Risks.
The Vessel shall have the liberty:
to comply with all orders, directions, recommendations or advice as to departure, arrival, routes, sailing in convoy, ports of call, stoppages, destination, disembarking of passengers or in any other way whatsoever, which are given by the Government of the nation under whose flag the Vessel sails, or other Government to whose laws the OWNER/AGENT is subject, or any other Government which so requires, or anybody or group acting with the power to compel compliance with their orders or directions;
to comply with the orders, directions or recommendations of any war risks or other underwriters, who have the authority to give same under the terms of the war risks or other insurance of the Vessel;
to comply with the terms of any resolution of the European Union, and with national laws aimed at enforcing the same, to which the OWNER/AGENT is subject and to obey the orders and directions of those who are charged with their enforcement;
Any dispute arising out of this Charter Party, is subject to the exclusive jurisdiction of the Court of Athens and the laws of Greece.
Any notices to be given by either party to the other shall be in writing (which term shall include e- mail/telexes/faxes) and:
if addressed to the OWNER/AGENT, shall be dispatched to the address stated or to any other address which the OWNER/AGENT may designate to the CHARTERER in writing.
if addressed to the CHARTERER, shall be dispatched to the address stated or to any other address which the CHARTERER may designate to the OWNER/AGENT in writing.
This Charter Party contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals, statements of intent and other representations with respect to such subject matter.
This Charter Party may not be changed orally nor may any provision or right be waived, modified, enlarged, amended or varied in any manner nor may it be abrogated or discharged except in each case by a written instrument signed by the party to be charged therewith.
The failure of any party to insist upon strict compliance with or performance of any of the provisions of this Charter Party shall not constitute a waiver or abrogation of such provisions, or any other provision, nor shall it constitute a waiver of compliance in any other instance. No course of dealing between the parties and no delay on the part of any party in exercising any right hereunder shall operate as a waiver of any right of the parties.
The headings in this Charter Party are inserted for convenience of reference only and shall not be construed as part of the agreement.
If any provision of this Charter Party is prohibited, invalid or unenforceable in any jurisdiction the legality, validity and enforceability of the remaining provisions hereof shall not in any way be affected.
In a case of conflicting agreements, the articles and the clauses of this charter party shall supersede, unless a separate, legal agreement is mentioned below.