- DEFINITIONS
Charter Agreement: the form relating to the Charter
signed for or on behalf of the Owner and the Charterer.
Charterer: the individual, company, firm or other
organisation named as the Charterer in the box on page 2
of the Charter Agreement and his, her or its successors
and permitted assignees.
Charter Period: the period between delivery of the Vessel
to the Charterer by the Owner and redelivery of the Vessel
by the Charterer to the Owner.
Charter Fee: the charter fee as specified in the box on
page 3 of the Charter Agreement.
Cruising Limits: the area within which the Charterer may
use the Vessel as specified in the box on page 4 of the
Charter Agreement.
Force Majeure: any cause directly attributable to acts,
events, non-happenings, omissions, accidents or Acts of
God beyond the reasonable control of the Owner, the
Skipper or the Charterer (including, but not limited to,
strikes, lock-outs or other labour disputes, civil commotion,
riots, acts of terrorism, blockade, invasion, war, fire,
explosion, sabotage, storm, collision, grounding, fog,
governmental act or regulation, contaminated fuel, major
mechanical or electrical breakdown beyond the Owner’s
control and not caused by lack of maintenance and/or
Owner’s or Skipper’s negligence).
Initial Instalment: the sum shown on page 3 of the
Charter Agreement which is to be paid by way of an initial
instalment of the Charter Fee.
Owner: the individual, company, firm or other organisation
named as the Owner in the box on page 2 of the Charter
Agreement and his, her or its successors and permitted
assignees.
Place of Delivery / Redelivery: the place where the
Vessel will be delivered to the Charterer by the Owner and
redelivered by the Charterer to the Owner, as specified in
the box on page 2 of the Charter Agreement.
Security Deposit: the Security Deposit which is specified
in the box on page 1 of the Charter Agreement.
Vessel: the Vessel which is specified in the box on page 2
of the Charter Agreement.
- PAYMENT
2.1 The Owner shall let on charter and the Charterer
shall hire the Vessel for the Charter Period for
the Charter Fee (the “Charter”).
2.2 The Charter Fee will include an experienced and
suitably qualified skipper (the “Skipper”),
unless the charter is a Bare Boat Charter, safety
equipment, vessel insurance, normal running
costs and (unless otherwise stated at the time of
booking and confirmed in the Special Conditions
box on page 2 of the Charter Agreement)
mooring / berthing fees and fuel, and is
exclusive of VAT.
2.3 Any additional items, such as delivery costs to a
specified venue, berthing and mooring fees not
pre-booked or specific catering requirements,
are excluded from the Charter Fee, and will be
invoiced separately.
2.4 If the booking is made more than 4 weeks before
the commencement of the Charter Period then
the Initial Instalment of the Charter Fee is 25% of the
total booking fee and security deposit, payable upon
booking the Charter. The balance of the Charter Fee
and any additional fees shall be payable 4 weeks
before the commencement. of the Charter Period.
2.5 Failure to pay the balance of the Charter Fee,
Security Deposit and any additional fees by the
dates when they fall due shall entitle the Owner
to cancel the Charter, in which circumstances
the Initial Instalment of the Charter Fee already
paid shall be forfeited by the Charterer.
2.6 If the booking is made 4 weeks or less before the
commencement of the Charter Period then the
whole Charter Fee, Security Deposit and any
additional fees shall be payable at the time of booking.
2.7 The Charterer shall be entitled to a refund
of the Charter Fee if the Vessel is unable to sail,
or if its area of operation during the Charter is
limited to harbour or otherwise constrained by
adverse sea or weather conditions or other
Force Majeure events.
- SECURITY DEPOSIT
3.1 The Security Deposit, Cleaning and
Refuelling surcharges will be re-funded to the
Charterer within 28 days of the end of the
Charter Period less any deductions due for
outstanding costs and expenses (including fuel,
cleaning fees and refuelling fees)
and any costs for which the Charterer is
responsible under Clause 8.4.
3.2 If the Vessel or her equipment has suffered
damage during the Charter Period the Charterer
shall be notified of the details of the damage
during the inspection of the Vessel on redelivery
or in writing within 28 days of redelivery of the
Vessel to the Owner. The Owner will notify the
Charterer of the estimated cost of
repair/replacement of the damage concerned as
soon as possible thereafter. The Owner shall
retain such proportion of the Security Deposit as
is required to cover the cost of
repair/replacement of any such damage,
howsoever caused and irrespective of whether
or not the costs of repairing such damage may
subsequently be recoverable from insurers or a
third party. If the cost of repair to damages to the vessel
incurred during the Charter exceed the value of the
security deposit, the Charterer shall be liable
to pay an additional balance up to a maximum of
the value of the Owner’s insurance Excess.
3.3 If the Owner subsequently recovers all or some
of the costs of the repairs from a third party or
from the Vessel’s insurers the Owner will pass
on to the Charterer the balance of such funds
recovered, after having deducted any costs
incurred by the Owner in pursuing such
recovery, any applicable insurance excess or
deductible and any sums paid by the Owner in
respect of the repairs over and above the
amount retained from the Security Deposit in
respect of the damage concerned.
- SAFETY BRIEFING
4.1 The Owner shall provide, and the Charterer and
all members of the Charterer’s party shall attend,
a safety briefing, to be given by the Skipper, at
the commencement of the Charter Period.
4.2 The briefing shall include an introduction to the
Vessel, her equipment/gear, lifesaving
equipment and clothing.
- OWNER’S OBLIGATIONS
5.1 The Owner shall use its best endeavours to
deliver the Vessel to the Charterer in good and
seaworthy condition, fully bunkered and with all
the necessary gear, equipment and
documentation / paperwork. The Owner does
not warrant the fitness of the Vessel in all
conditions of weather for any particular charter
purpose.
5.2 The Skipper shall comply with all reasonable
orders given to him by the Charterer regarding
the management, operation and movement of
the vessel, wind, weather and other
circumstances permitting.
5.3 Notwithstanding clause 5.2, the Skipper shall
have absolute authority in matters of navigation,
seamanship and safety of the Vessel. The
Skipper shall not be bound to comply with any
order which, in the reasonable opinion of the
Skipper, might result in the Vessel 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 Vessel on the expiry of the Charter
Period, or would, in the reasonable opinion of
the Skipper, invalidate the Vessel’s insurance or
cause a breach of any of the provisions of this
Charter Agreement.
5.4 Without prejudice to any other remedy the
Owner may have, if, in the reasonable opinion of
the Skipper, the Charterer or any member of the
Charterer’s party fail to observe any of the
provisions of the Charter Agreement and if such
failure continues after the Skipper has given due
and specific warning to the Charterer in respect
of the same, the Skipper shall inform the Owner,
and the Owner may terminate the Charter
forthwith or instruct the Skipper to return the
Vessel to the Place of Redelivery and upon
such return the Charter Period shall be
terminated. The Charterer and all members of
the Charterer’s party shall disembark, the
Charterer shall settle all outstanding expenses
and the Charterer shall not be entitled to any
refund of the Charter Fee.
- CHARTERER’S OBLIGATIONS
6.1 The Charterer, preferably at the time of booking
and in any event no later than the
commencement of the Charter Period, shall
provide to the Owner with full details of the
names, addresses, emergency contact numbers,
next of kin, any relevant medical conditions and
relevant sailing experience of all members of the
Charterer’s party.
6.2 The Charterer may supply, at its own cost, its
own food, provisions and non-alcoholic drinks. It
is the Owner’s policy that the consumption of
alcohol during the Charter is prohibited, subject
to the discretion of the Skipper.
6.3 The Charterer shall not sub-charter, lend or part
with the control of the Vessel without the written
consent of the Owner.
6.4 The Charterer shall limit the number of persons
in its party to the maximum number of guests
shown in the box on page 2 of the Charter
Agreement unless the Owner grants permission
for a greater number.
6.5 The Charterer shall take all reasonable care of
the safety and maintenance of the Vessel and its
equipment at all times including periods when
the Vessel is left unattended.
6.6 The Charterer shall observe all regulations of
Harbour or other Authorities.
6.7 The Charterer shall not allow any animals on
board the Vessel without the written consent of
the Owner.
6.8 The Charterer shall ensure that the members of
its party give the Skipper such assistance as
shall reasonably be required in handling the
Vessel.
- DELIVERY
7.1 If, by reason of Force Majeure the Owner fails to
deliver the Vessel to the Charterer at the Place
of Delivery at the commencement of the Charter
Period and delivery is made within one fifth
(1/5th) of the Charter Period, the Owner shall
pay to the Charterer a refund of the Charter Fee
at a pro rata hourly rate or, if it be mutually
agreed, the Owner shall allow a pro rata
extension of the Charter Period.
7.2 If by reason of Force Majeure the Owner fails to
deliver the Vessel within a period equivalent to
one fifth (1/5th) of the Charter Period, to the
Place of Delivery, the Charterer shall be entitled
to treat this Charter Agreement as terminated. In
such circumstances the Owner shall immediately
refund the full amount of all payments made by
the Charterer under the terms of this Charter
Agreement, without interest. Alternatively, if the
parties mutually agree, the Charter Period shall
be extended by a time equivalent to the delay or
postponed to a mutually agreed time. In either
event, the Owner shall have no liability for
consequential losses of any nature whatsoever.
7.3 If the Owner fails to deliver the Vessel at the
Place of Delivery at the commencement of the
Charter Period other than by reason of Force
Majeure the Charterer shall be entitled to treat
this Charter Agreement as repudiated by the
Owner. The Charterer will be entitled to
immediate repayment without interest of the full
amount of all payments made by him under the
terms of this Agreement but the Owner shall
have no liability for consequential losses of any
nature whatsoever.
7.4 Upon delivery of the Vessel the Owner shall
provide an inventory and handover documents
detailing the state and condition of the Vessel
and itemising all sails and equipment on board
the Vessel. The Charterer shall have the
opportunity to check the inventory and handover
documents and to inspect the Vessel. Signature
of the inventory and handover documents is
confirmation of the Charterer’s agreement to the
contents thereof and also deemed acceptance
of delivery of the Vessel.
7.4 Copies of the completed and signed inventory
and handover documents shall be retained by
the Owner and by the Charterer.
- RETURN OF THE VESSEL
8.1 The Charterer shall return the Vessel at the end
of the Charter Period to the Place of Redelivery.
Upon return, the Vessel is to be cleaned and in
as good a condition as when delivery was taken,
except for fair wear and tear arising from
ordinary use, and with her inventory complete; in
which case the cleaning surcharge will be returned.
8.2 The Charterer may, if he wishes, redeliver the
Vessel to the Place of Redelivery and disembark
prior to the end of the Charter Period but such
early redelivery shall not entitle the Charterer to
any refund of the Charter Fee.
8.3 If redelivery of the Vessel is delayed by reason
of Force Majeure, redelivery shall be effected as
soon as possible thereafter and in the meantime
the conditions of this Charter Agreement shall
remain in force but without penalty or additional
charge against the Charterer.
8.4 If the Charterer fails to redeliver the Vessel to
the Owner at the Place of Redelivery due to
intentional delay or change of itinerary against
the Skipper’s advice, then the Charterer shall
pay forthwith to the Owner:
8.4.1 additional charter fees in the sum of twice the
pro rata daily Charter Fee for every day or part
thereof by which redelivery is delayed;
8.4.2 if required, the cost of employing any crew to
return the Vessel to the Place of Redelivery;
8.4.3 the loss of any charter fees that may be incurred
on the cancellation of subsequent charters;
8.4.4 all reasonable costs in cleaning and restoring
the Vessel to the same condition as she was in
on delivery and with her inventory complete.
- DAMAGE, ACCIDENTS, GROUNDING
9.1 If after delivery the Vessel shall at any time be
disabled by breakdown of machinery, grounding,
collision or other cause so as to prevent
reasonable use of the Vessel by the Charterer
for a period of one fifth (1/5th) of the Charter
Period, (and the disablement has not been
brought about by any act or default of the
Charterer) the Owner shall make a pro rata
refund of the Charter Fee for the period of the
disablement or, if mutually agreed, allow a pro
rata extension of the Charter Period
corresponding with the period of disablement. If
the Charterer wishes to invoke this clause he
shall give immediate notice to the Skipper. The
Charterer shall not be liable for extra costs
relating to the immobilisation of the Vessel but
will remain liable for normal expenses during the
period of disablement.
9.2 In the event of the actual or constructive total
loss of the Vessel or if the Vessel is disabled as
aforesaid for a consecutive period of more than
one fifth (1/5th) of the Charter Period, the
Charterer may terminate the Charter Agreement
by notice to the Owner or to the Skipper if no
means of communication is available. Within two
(2) working days after such termination, a pro
rata proportion of the Charter Fee shall be
repaid by the Owner without interest in respect
of that proportion of the Charter Period
outstanding after the date and time on which the
loss or disablement occurred. In the event of
such termination the Charterer may effect
redelivery by giving up possession of the Vessel
where she lies. The Charterer shall in such
circumstances be entitled to recover from the
Owner the reasonable cost of returning the
members of the Charterer’s party to the Place of
Redelivery. Alternatively, after a consecutive
period of disablement of more than one fifth
(1/5th) of the Charter Period, and dependent on
the nature and seriousness of the disablement,
by mutual agreement the Charterer may elect to
remain on board for the duration of the Charter
Period and the Charterer will then have no
further or additional claim against the Owner.
- INSURANCE
10.1 The Owner shall procure the insurance of the
Vessel and her equipment with first-class
insurers against all customary risks for a Vessel
of her size, value, and type for her full value with
third party damage cover of no less than
£2,000,000.
10.2 The Owner shall not procure charterer’s liability
insurance nor cancellation and curtailment
insurance. The Charterer should arrange its own
cover if required as well as insurance for
personal effects whilst on board or ashore.
10.3 Notwithstanding the provisions of Clause 10.1,
the Charterer shall remain liable for and shall
indemnify the Owner against any loss, damage
or liabilities (including any loss of no claims
bonus or consequential increase in insurance
premium) arising from any act or omission of the
Charterer or any member of the Charterer’s
party which are not recoverable by the Owner
under his insurance.
- CANCELLATION
11.1 Cancellation by the Charterer:
11.1.1 Cancellation of the Charter by the Charterer
must be confirmed in writing by post, fax or
email. The effective date of cancellation is the
date the Owner receives such notification;
11.1.2 If such cancellation is made more than 4 weeks
before the commencement of the Charter
Period, the Charterer shall be liable to pay the
Initial Instalment of the Charter Fee;
11.1.3 If cancellation is made less than 4 weeks before
the commencement of the Charter Period, the
Charterer shall be liable to pay 100% of the
Charter Fee.
11.1.4 If the Vessel is re-let for the Charter Period, the
Owner has discretion to waive any of the
cancellation fees detailed in this clause.
11.2 Cancellation by the Owner:
11.2.1 If prior to the commencement of the Charter
Period the Owner tenders notice of cancellation
and if the cancellation is by reason of Force
Majeure, the provisions of Clause 7.2 above
shall apply.
11.2.2 If the cancellation is for any reason other than
Force Majeure the Charterer shall be entitled to
immediate repayment without interest of the full
amount of all payments made under the terms of
this Charter Agreement;
11.2.3 The Owner shall have the right to cancel the
Charter Agreement by notice to the Charterer in
the event of the Charterer’s breach of any
provision of the Charter Agreement, or the
insolvency of the Charterer. Upon giving such
notice to the Charterer, the provisions of this
condition shall apply as if the Charterer had
given notice under clause 11.1 above
.
- GENERAL
12.1 The Charterer hereby waives and abandons any
and all rights to exercise any lien (whether
statutory, maritime or at common law) over the
Vessel.
12.2 The construction of this Charter Agreement shall
not be affected by any marginal notes.
12.3 All references to the masculine shall include the
feminine and visa-versa.
12.4 This Charter Agreement shall be governed by
and construed in accordance with English Law.
12.5 Any and all differences or disputes of
whatsoever nature arising out of this Charter
Agreement shall be referred to a sole Arbitrator
who shall either be agreed by the parties or be
appointed on the application of either party by
the Professional Charter Association. The
provisions of the Arbitration Act 1996 and any
statutory modification thereof shall apply to any
Arbitration.
12.6 Any person who is not a party to this contract
shall not have any rights under or in connection
with this contract by virtue of the Contracts
(Rights of Third Parties) Act 1999.
12.7 Any notice given or required to be given by
either party to this Charter Agreement shall be
communicated in any form of writing and shall
be deemed to have been properly given if
proved to have been dispatched pre-paid and
properly addressed by mail or courier service or
by e-mail to the addresses as set out on page 1
of this Charter Agreement or, where appropriate
in the case of the Charterer, to him on board the
Vessel.
