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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")
WHEREBY IT IS AGREED as follows:
Term, hire and payments
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
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.
3. The Owner agrees:
Delivery 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
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 wilful 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.
Delayed 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.
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.
4. The Charterer agrees:
Redelivery a. To redeliver the Yacht to the Owner at (Return) 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 b. To leave on deposit and as guarantee with the Owner on taking
over the Yacht the amount of Guarantee 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) Restrictions 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.
The Yacht
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.
Party and Cruise Limits
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.
Agreement for 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.
Restrictions 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 harbour 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 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
Restrictions in 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.
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.
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 j. 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.
k. 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.
IT IS HEREBY FURTHER AGREED by and between the parties hereto:
Charterer´s 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.
Test of Sailing 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 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.
Acceptance 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 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.
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.
Cancellation 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.
Total Loss of 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.
Special 13. The special provisions, if any, set out in the Schedule hereto
are fully accepted and form part of this Agreement.
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.
Arbitration 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.
SPECIAL PROVISIONS
Additional Conditions (if any)
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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