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MEMORANDUM OF AGREEMENT
made this ..........day of 20..........
By And Between ...................
of ....................
(hereinafter referred to as the "Owner")
AND of ....................
(hereinafter referred to as "the Charterer") |
| Term,
hire and payments |
WHEREBY IT IS AGREED as follows:
1. THE Owner agrees to let on bare-boat charter
and the Charterer agrees to charter the
unattended yacht .......................(hereinafter
called "the Yacht") for the period commencing at
............................o'clock or
thereabout on the ..........day of
.....................20.......... and ending at
............o'clock on the
..........................day of
....................20..... for the sum of .
...............of which
................................are due and
payable by the Charterer
.....................................to upon the
signing of this Agreement.
The balance of ..........................is due
and payable in the following manner: Validity |
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Validity |
2.
The signature of this Agreement by the Owner and/or
his Agents becomes valid and binds the Owner to
his obligations hereinafter mentioned only on
condition that the Owner will actually receive
the sums of the payments as indicated in Clause
1 above, in time. |
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Delivery |
3.
The Owner agrees:
a. To fit out the Yacht and to hand her to the
Charterer, without crew, clean, ready for sea,
with all the gear and equipment indicated in the
Yacht's brochure and its inventory list and in
proper running and seaworthy condition at
.......... |
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Insurance |
b.
To insure the Yacht and her equipment against
fire, marine and collision risks and third party
damage and against any and all loss or damage in
excess of ..........and the Charterer shall
therefore be relieved of any and all liability
which is covered by the said Policy, provided
that Insurance such loss or damage is not caused
or contributed to by any act of gross negligence
or willful default on his part. Should the Owner
fail or elect not to effect such insurance he
shall assume the same responsibilities as if the
Yacht were so insured, but he shall not be under
any liability for the loss or damage to the
personal property of or for any injury to the
Charterer or any person on board with his
permission. |
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Delayed Delivery |
c.
To employ every reasonable effort to ensure
delivery of the Yacht on the date and at the
place Delivery mentioned in Clauses 1 and 3 (a)
hereof, but if for any cause whatsoever the
yacht shall not be available, the Charterer
shall have the right of choice of one of
following possibilities:
I. Provided that the following charter
commitment of the Yacht allows it and that the
Owner agrees, to prolong the period of charter
by the same length of time by which the delivery
has been delayed.
II. To leave the date of termination unchanged
as in Clause 1 hereof and to be refunded by the
Owner with an amount proportional to the time by
which delivery was delayed at the rate
corresponding to the total charter fees in
Clause 1 hereof. |
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Excess Delay |
III.
If the delay of delivery exceeds one fourth
(1/4) of the total charter time, to cancel this
Excess Delay Agreement and be refunded by the
Owner with the total amount paid for this
charter. In ay of the events mentioned in this
Clause, neither party shall be liable to pay to
the other any other compensation for any loss or
damage resulting from the curtailment or the
cancellation of this Agreement. |
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Redelivery (Return) of the Yacht and Delays |
4.
The Charterer agrees:
a. To redeliver the Yacht to the Owner at
.......... of the cleaned-up, together with all
her equipment, in the same good condition as she
was at take-over, at Yacht and the time
designated in Clause 1, but unless the yacht has
become a total loss, if he shall for any Delays
reason fail to deliver the Yacht at the
aforesaid date and time, to pay to the Owner
demurrage at the rate of the charter price per
day of this Agreement increased by fifty percent
(50%), for every day or fractional part of a day
thereafter until delivery has been effected. If
he leaves the Yacht at any place other than the
place designated in this Clause, to pay to the
Owner all expenses involved in transferring the
yacht to the place of redelivery and pro-rata
demurrage as above for the number of days
required for this transfer, as well as for any
loss or damage not covered by the insurance
policy, which may occur on or to the Yacht until
she has been taken over again by the Owner. |
Deposit and Guaranty
Restrictions in the use of Yacht |
b.
To leave on deposit and as guarantee with the
Owner on taking over the Yacht the amount of
.........to meet in whole or in part any claim
by the Owner in respect of any loss or damage to
the Yacht and/or her equipment not recoverable
under the policy of insurance as in Clause 3 (b)
hereof and for any claim by the Owner in respect
of the provisions of Clause 4(a) above. The
aforesaid deposit shall be refunded to the
Charterer, subject o the provisions above, in
the use of after inspection of the Yacht, her
gear and her inventory by the Owner. |
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Composition of Charterer's Party and Cruise
limits |
c.
Not to use the Yacht for racing or for towing
other craft, except in an emergency, or
generally for any purpose other than that of
private pleasure of the Charterer and his party
which should include not less than ..........qualified
skipper and ..........experienced crew members,
but not more than ..........in all at sea, or to
accommodate aboard any person other than those
Composition of shown on the crew/passenger
manifest nor to take the Yacht or permit her to
be taken outside the Charterer's area of the
Greek seas nor to sublet the Yacht without the
written consent of the owner. |
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Observance of Customs and Diving Laws |
d.
Not to allow any person on board to commit any
act contrary to the customs laws of Greece or of
Observance of any country or contrary to the
laws pertaining to fishing or underwater fishing
nor to seek and/or Customs and take possession
of objects of archaeological nature or value and
that in case any such act is Diving Laws
committed this Agreement shall thereupon
terminate, but without prejudice to any rights
of the Owner and that the Charterer shall carry
alone any resulting responsibilities and he
shall answer alone to the appropriate
Authorities. |
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Agreement for Towing the Yacht |
e.
To take every possible preventive measure and
precaution to avoid to bring the Yacht in any
Towing the condition in which the Yacht will
need to be towed to any point by another vessel,
but should such Yacht a necessity arise, in
spite of the Charterer's efforts, to negotiate
and agree with the captain of the other vessel
on the price to be paid, before allowing the
yacht to be towed. |
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Restrictions in Leaving Port |
f.
Not to leave a port or anchorage if the wind
force is or is predicted to be over six (6) of
Beaufort Scale or if the harbor Authorities have
imposed a prohibition of sailing or while the
yacht has unrepaired damage or any of her vital
parts such as engine, sails, rig, bilge pump,
anchoring gear, navigation lights, compass,
safety equipment, etc. are not in good working
condition or without sufficient reserves of fuel
or in general, when weather conditions or the
state of the Yacht or its crew or a combination
of them concerning the safety of the Yacht and
her crew is doubtful. |
Restrictions in the Use of Canvas
Restriction in Navigation |
g.
When necessary , to promptly reduce canvas and
not to allow the yacht to be found sailing Use
of Canvas under an amount of canvas greater than
the one insuring comfortable sailing without
excessive strains and stresses on the rigging
and the sails, not to sail the Yacht in any area
not sufficiently covered by the charts at this
disposal or without having previously studied
the charts of the area and other printed aids on
board thoroughly, not to sail the Yacht at night
without all navigation lights Navigation
functioning or without sufficient watch on deck. |
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Yacht Log |
h. To keep the Yacht's Log
Book up to date, noting each day the port of
call, the state of the Yacht and its equipment,
any change in the composition of the crew when
at sea, regularly, the times positions, weather
conditions, sail plan and hours of engine
operation. |
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Itinerary |
i.
To plan and to carry out the yacht's itinerary
in such a manner as to reach the port of call
farthest away from the point at which the Yacht
must be returned to the Owner (Turn-Around-Point)
within the first one third (1/3) of the charter
period and that two days prior to the
termination of the charter the yacht's port of
call shall lie at a distance not greater than
forty (40) N.M. from the point at which the
Yacht is to be returned to the Owner. |
Reports of Yachts position and state
Information |
k.
To report by telephone or cable to the Owner at
reasonable intervals the position and state of
the Yacht's Position yacht and of her passengers,
as well as in the event of any damage to the
Yacht.
l. To study and acquire a working knowledge of
any printed matter pertaining to the proper
handling of the yacht and to the conditions in
the cruising area which may be made available to
him by the owner. |
Charterer's Sailing Qualifications
Test of Sailing
Competence of Charterer and Crew |
IT IS HEREBY FURTHER AGREED by and between the
parties hereto:
5. This agreement is entered into on the basis
of the Charterer's competence in sailing, seaman
ship and navigation stated by him in writing and
in the event of any error, omission or
misinterpretation in this respect being
subsequently discovered, the Owner shall be
entitled to terminate this Agreement forthwith
and to retain the Charter fees.
6. The Owner (or his representatives) may
require the Charterer and his crew to
demonstrate their competence in handling and
navigating the yacht safely by actually
operating the yacht at sea with the Owner (or
his representative) aboard and should the
Charterer and/or his crew fail to his Crew
satisfy the Owner in this respect, the Owner may
terminate this Agreement as stated in Clause 5
above or place aboard the yacht a seaman, if one
acceptable by both the Owner and the Charterer
is available, at the expense of the Charterer,
for as many days as the Owner will consider
necessary for the safety of the yacht and her
passengers and any time required for this test
of the Charterer's competence and seamanship
will be part of the agreed Charter period. |
| Take-Over
of the Yacht & Time required for it |
7.
The delivery of the Yacht to the Charterer will
be made at the commencement of the charter
period as designated in Clause 1. The time
required to demonstrate the yacht to the
Charterer and to familiarize him with her shall
be part of the agreed charter time. The free use
of the Yacht will be granted to the Charterer
after he has signed the Take-Over form. |
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Acceptance of the Yacht Charterer's
Responsibility during Charter Time |
8.
Before signing the aforesaid form, the Charterer
shall have the right to inspect the yacht, her
gear and her inventory thoroughly to ascertain
that all are available and in good working
condition except as may be noted thereon, but
the signature of the Take-Over form by the
Charterer shall be deemed to imply acceptance of
the yacht which thereafter will be in the
Charterer's full responsibility and the
Charterer shall have no right to claim for any
loss of time or expense occasioned by any
accident or breakdown or failure of any part of
the Yacht. |
Running Expenses
Repairs of Damages |
9.
After take-over, expenditures for port-dues,
water, fuels, oils and any other stores required,
as Expenses well as the repair of any damage or
failure that may occur while the yacht is in the
Charterer's responsibility and which are not the
result of normal and natural wear shall be made
by the Charterer at his expense, provided that
he previously obtained the consent of the Owner
for the technical suitability of the repair to
be made. In the case of repairs of damages or
failures resulting clearly from normal and
natural wear, the Charterer shall previously
obtain the Owner's consent with regard to the
cost and technical suitability of these repairs
and the Charterer shall collect the pertinent
receipts against which he shall be refunded by
the Owner at the end of the Charter. |
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Ascertainment of Damages |
10.
If any accident or damage is caused by the Yacht,
the Charterer shall request from the nearest
Port Authority to ascertain the damage or
accident and the circumstances in which it has
been caused and to make a written record and
statement about it and he shall notify the Owner
at the same time. |
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Cancellation or Premature Termination |
11.
In the event of cancellation of the charter by
the Charterer, for any reason, except as
mentioned in Clause 3(c)(iii),after signing this
Agreement, all advance payments made up to the
date of cancellation will be retained by the
Owner, and the Owner reserves the right to
refund the said deposits only if he succeeds in
letting the Yacht to another Charterer for the
same period and under the same conditions. In
the event that the Charterer should elect to
terminate the charter and deliver the yacht
prior to the date designated in this Agreement,
the Owner shall not be liable to the return of
any proportional part of the hire money. |
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Total loss of Yacht |
12.
Should the Yacht become an actual or
constructive total loss before or during the
Charter period, this Agreement shall be deemed
to be at an end and the Charterer shall recover
from the Owner all charter fees paid in advance
to the Owner only in case the loss has occurred
before the charter period, or during the charter
period, provided that the Charterer or his crew
were not responsible for the loss. |
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Special Provisions |
13.
The special provisions, if any, set out in the
Schedule hereto are fully accepted and form part
of this Agreement. |
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Agents |
14.
The Agents of the Owners Messrs. .............act
in good faith on behalf of both Owner and
Charterer but contract as Agents only and in no
way incur any liability for any acts, matters or
things done, committed, omitted or suffered by
either party, except for the responsibilities
provided by the pertinent legislation of Greece. |
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Arbitration of Disputes |
15.
In the event of any dispute arising between the
parties hereto with respect to this Agreement or
anything herein contained the same shall be
referred to two Arbitrators in Greece one to be
appointed by each party, whose decision shall be
final or to an Umpire to be appointed by such
Arbitrators, if and when they shall disagree,
the decision in such event of the Umpire to be
final. |
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SPECIAL PROVISIONS |
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Additional Conditions (if any) |
Divine Yachting will relocate the charterer to
a yacht of equal or greater value should the
yacht chartered become unavailable on the day of
charter due to reasons beyond our control. |
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Addendum for Skipper Hire |
If
the charterer(s) wish to hire a professional
skipper recommended by Divine Yachting, then all
responsibility for safety and handling of the
yacht as described above will lie with the
professional skipper and not the charterer. The
security deposit will also be reduced by 70%. |
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IN
WITNESS whereof this Agreement has been signed
by the Owner and the Charterer respectively.
SIGNED by the OWNER / SIGNED by the CHARTERER /
SIGNED by the AGENTS
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