Crewed boats
The CHARTERER shall pay in addition to the Charter Fee “Apa” for the following costs :
The OWNER agrees to let the Vessel to the CHARTERER and not to enter into any other Agreement for the Charter of the Vessel for the same period.
The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, 30% of the charter price for “Apa” and any other agreed charges, in cleared funds, on or before the dates.
The OWNER shall at the beginning of the Charter Period deliver the Vessel to the Port of Delivery and the CHARTERER shall take delivery in full commission and working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and life-saving equipment, as required by the Vessel’s registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER to use the Vessel as set out in Clause 13. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area.
Check-in will be at 17:00 hrs of the first day established from this agreement.
The CHARTERER shall re-deliver the Vessel to the OWNER at the Port of Re-Delivery free of any debts incurred for the CHARTERER’s account during the Charter Period and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishes, re-deliver the Vessel to the Port of Re-Delivery and disembark prior to the end of the Charter Period but such early re-delivery shall not entitle the CHARTERER to any refund of the Charter Fee. The CHARTERER is bound to return the Yacht within 08:00 hrs. of the Re-Delivery day, having already settled all costs of the Charter period.
The CHARTERER shall restrict the cruising of the Vessel to within the Cruising Area and to within regions in the Cruising Area in which the Vessel is legally permitted to cruise. The CHARTERER shall also restrict time under way to an average of six (6) hours per day, unless the Captain, at his sole discretion, agrees to exceed this time.
The OWNER shall provide a suitably qualified Captain acceptable to the insurers of the Vessel, properly uniformed and insured. The OWNER shall ensure that no member of the Crew shall carry or use any illegal drugs on board the Vessel or keep any firearms on board (other than those declared on the manifest) and shall ensure that the Captain and Crew comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. The OWNER can change the captain and the crew in case of necessity, without informing the CHARTERER, respecting what better detailed before.
The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain 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. The Captain shall not, however, be bound to comply with any order which, in the reasonable opinion of the Captain, 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 re-deliver the Vessel upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of Clause 9 and/or any other clause of this Agreement. Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions in Clause 13 and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect of the same, the Captain shall inform the OWNER and the OWNER may terminate the Charter forthwith or instruct the Captain to return the Vessel to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain beforehand and the CHARTERER shall not be entitled to be refunded any of the Charter Fee.
With particular regard to the use of watersports equipment, as defined in Clause 15, the Captain shall have the authority to exclude the CHARTERER or any or all of his Guests from use of any particular watersports equipment if, in his reasonable opinion, they are not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment
In addition to the charter fee, the CHARTERER will have to pay the APA (Advanced Provisioning Allowance). Apa can be paid together with the balance payment by bank transfer or at embarkation by credit card. Apa is required to cover all the operating costs, including but not limited to, transport, fuel for the main engine, fuel for the generator, fuel for the tender, all food and beverage of the Charter party, berthing dues and harbor charges (included first and last night in the marina), taxes, water disposal, water, electricity for the entire Charter period for himself and his guests and possible damages caused by the CHARTERER or his guests. The amount of Apa is calculated as 30% of the charter fee.
At the end of the charter, the captain will produce full accounts of all expenses. The CHARTERER will be either refunded any money not used or asked to pay any additional costs not covered by the APA.
Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement of the Charter Period the CHARTERER shall remain liable for all payments due to the OWNER prior to and unpaid at the date of cancellation.
Should notice of cancellation be given by the CHARTERER or should the CHARTERER fail after having been given notice to pay any amount due under this Agreement, the OWNER shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments.
Notwithstanding the OWNER’s right to receive or retain all payments referred to above, the OWNER shall be under a duty to mitigate his loss and in the event that the OWNER is able to re- let the Vessel for all or part of the Charter Period under this Agreement, the OWNER will give credit for the net amount of charter hire arising from the re-letting after deduction of all commissions and other consequential expenses arising from such re-letting. The intention is that the OWNER shall receive the same in net proceeds from any re-letting as would have been received under this Agreement.
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 forty-eight (48) consecutive hours the Owner shall credit to the CHARTERER the relevant hours of navigation not enjoyed in the form of a note of credit, without any right to claim further damage or reimbursement. Such time bonus may be enjoyed by CHARTERER together with the the Owner, at the end of charter period or in a subsequent charter.
No time bonus may be granted to the CHARTERER in case of damages of: echo-sounder, boiler, log, fridge, bilge system, tender, outboard, air conditioning, anchor windlass, hi-fi, WI-fi, autopilot and every other equipment not necessary for navigation.
Any request for reimbursement shall be made by the CHARTERER directly to the Owner within the day of re-delivery of the Yacht. Beyond such time limit or if the claim is made to other people rather than the Owner, the CHARTERER will forfeit all reimbursement claims.
Parties agree that the Owner may repair or arrange assistance during the Charter period.
It is understood that the expenses for repairs and assistance not attributable to the Owner or Captain’s negligence according to the terms of this Agreement must be paid by the CHARTERER at the current market rates, plus materials.
The CHARTERER shall comply, and shall ensure that the Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement.
The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the OWNER. The CHARTERER shall ensure that the behavior of the charter party shall not cause a nuisance to any person or bring the Vessel into disrepute. The CHARTERER and guests shall afford the crew due respect at all times.
The Captain shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behavior continues after this warning, the Captain shall inform the OWNER, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7 of this Agreement.
If the CHARTERER or any of the Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the crew of the Vessel being detained, fined or imprisoned, or the Vessel being detained, arrested, seized or fined, the CHARTERER shall indemnify the OWNER against all loss, damage and expense incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement forthwith.
It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) is strictly prohibited on board the Vessel and failure to comply shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER.
The CHARTERER shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of the OWNER, which consent may be on such terms as the OWNER thinks fit.
Security deposit is not required, because potential damages are covered by the Apa, released by the CHARTERER by bank transfer together with balance payment or at embarkation by credit card, and it is equal to 30% of the charter price.
In this Agreement ‘force majeure’ means any cause directly attributable to acts, events, non- happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER or the CHARTERER (including, but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, major mechanical or electrical breakdown beyond the crew’s control and not caused by OWNER’s negligence). Crew changes do not constitute force majeure. Force majeure does not excuse the OWNER from payment of commissions.
Throughout the Agreement, the terms ‘OWNER’ and ‘CHARTERER’ and corresponding pronouns shall be construed to apply whether the OWNER or CHARTERER is male, female, or corporate, singular or plural, as the case may be.
This Agreement shall be governed by the Laws of Italy and forms the entire Agreement between the Owner and the CHARTERER unless otherwise separately agreed in writing between them. If any dispute arises out of this Agreement, the CHARTERER and the Owner shall attempt in the first instance to settle it by Arbitration in Bolzano in accordance with the Laws of Italy. The parties shall appoint a single arbitrator for the dispute.
Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall to be deemed to have been property given if proved to have been dispatched pre-paid and properly addressed by mail, in the case of the Owner, at their address as per this Agreement or, in the case of the CHARTERER, to this address as per this Agreement or, where appropriate, to him on board the Vessel.