YACHT CHARTER AGREEMENT
- SUBJECT OF AGREEMENT
NAME OF YACHT:
NUMBER OF CREW:
DATE OF EMBARKMENT:
DATE OF DISEMBARKMENT: - THE PARTIES
This agreement is made between the undersigned XXXXXXX (hereinafter called XXXXXX) of the one part and
(hereinafter called CHARTERER) of the
other part whereby it is understood and fully agreed as follows. - DURATION
XXXXX will charter the abovementioned yacht between the abovementioned dates (….. days in total) to the CHARTERER. The period concerning the preparation of the yacht and disembarkation is included in the charter duration. - PAYMENT
The total amount due to XXXXX, based on a daily payment of. ……………..…of this total amount is requested at the signing of this agreement. The rest to be paid to XXXXX one week prior to embarkment. - DELAY IN PAYMENT
Nonpayment of any part of the total amount due by the dates previously agreed makes XXXXXXX authorized to cancel this agreement and considered any prepaid amounts as indemnity. - HANDING OVER THE YACHT
XXXXXX will hand over the yacht on ………. at 12:00a.m. in
case of any delay in handing over the yacht, the CHARTERER has the option of:
to the CHARTERER. In
a) to extend the charter period to cover the delayed time if the next charter period is free.
b) not to pay for the delayed period.
c) to cancel this agreement and is authorized to receive all the prepaid payments If the delay period exceeds more than 1/3 of the whole charter period. - DELAY IN TAKING OVER THE YACHT
If CHARTERER does not take over the yacht at the above mentioned date, XXXXXX is authorized to retain any payment made, notwithstanding the need to prove whether the yacht is used by the CHARTERER or not. - RETURN OF THE YACHT
The CHARTERER has to return the yacht to XXXXXX on at 10:00 am. in. In received position, clear of all debts and responsibilities. No matter what the reason is, in case of delay, XXXXXX is authorized to duplicate the daily charge for each delayed day. - CANCELLATION
In case of cancellation 60 days prior to the departure date, 50 % of the down payment will be refunded. In case of cancellation 30 days prior to the departure date, 25 % of down payment will be refunded. No refund will be made in case of shorter notice. - INSURANCE
XXXXXX will insure the yacht, her equipments and crew against fire, collision and other marine risks so that the CHARTERER will not be responsible for any accident and loses arising therefrom. In case of any accident or catastrophe, the CHARTERER will give immediate notice to XXXXXX . XXXXXX is responsible for all loses if the yacht, her equipment and the crew damages sustaine by the CHARTERER and his guests. The responsibility of all sea sports by the CHARTERER and his guests is under the cover of their own insurance. - EXPENSES
XXXXXX will pay for or provide all running and harbour expenses (excluding foreign harbours), water. fuel, crew and all meals. The CHARTERER or HIS CLIENTS will pay for all beverages, alcholic drinks, etc. and personal expenses on board. - ACCIDENTS TO BE OUT OF SERVICE/TOTAL LOSS
Should the yacht suffer any mechanical damage or fire, etc. so that the CHARTERER cannot use it and if this excceds the period of 48 consecutive hours, the payment for this time period will be refundee to the CHARTERER. The charter period can be extended to cover the repair period in case it ecxeeds 48 hours, by mutual agreement. In case of the total loss of the yacht or damages needing more than 7 days repair, the total payment will be refunded after the deduction of the prorata payment for the 48 hours. The CHARTERER has then the right to cancel this agreement. This clause is not applicable if such loss or damage occurs through any acts, ommissions, errors or mistakes of the CHARTERER or his guests. - NUMBER OF GUESTS
The CHARTERER with himself cannot invite more than…… persons unless a written agreement from XXXXXX is obtained. XXXXXX has the right to ask extra payment if the number of the guests exceeds the abovementioned number. - SAILING AREA
The CHARTERER cannot use the yacht outside of the Turkish Waters unless a written agreement from
XXXXXX is obtained. - CHARTERER’S RIGHTS IN CONNECTION WITH THE CREW
XXXXXX will instruct the Captain of the yacht to take all orders from the CHARTERER unless the Captain
decides that they are harmful for the yacht or the guests or the crew. - ARBITRATION
If the disagreement due to not complying with this agreement is not solved by the help of an Arbitrator, İzmir Courts are authorized to solve. - ADDITIONAL CONDITIONS
The abovementioned parties and their successive heirs, testament executors, administrators and representatives defined by the Civil Law declare to agree this agreement.
NOTE: This agreement including 17 clauses is signed between XXXXXX and …………………………………… on the……th day of