TERMS OF AGREEMENT FOR SELF-SAIL CHARTER
Starting & Ending Time 1. The Owner CHRISMA SAILING MCPY agrees to let on bare-boat charter and the Charterer agrees to charter
the unattended above mentioned yacht (hereinafter called “the Yacht”) for the period as stated above and
commencing at 17:00 ’ oclock on the stated starting day and ending at 09:00’ oclock on the stated ending day
for the sum as stated, of which EURO 3,078.00 are due and payable by the charterer upon the signing of this
Agreement.
Terms of Payment The balance (70%) is due and payable as follows: 20% no later then 90 days from the day of the charter
confirmation; and the remaining 50% no later than 30 days before the day of commencement of the charter
period.
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.
Delivery 3. The Owner agrees:
a. To fit out the Yacht and to hand her to the Charterer, without crew, afloat, 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 Alimos Marina, Athens.
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 EURO 3,500 and the Charterer shall therefore be relieved of any
and all liability which is covered by the said Policy, provided that such loss or damage is not caused or
contributed to by ny act of gross negligence or willful default on his part. Any damage or loss due to a
navigational error will be sole responsibility of the skipper as officially registered with the authorities on the crew
list and same liability is covered in excess of EURO 3,500 by the said Policy. 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 Delivery c. To employ every reasonable effort to ensure delivery of the Yacht on the date and at the place 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.
Excess Delay III. If the delay of delivery exceeds one fourth (1/4) of the total charter time, to cancel this Agreement and be
refunded by the Owner with the total amount paid for this charter. In any 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.
Redelivery (Return) of the
Yacht and Delays
- The Charterer agrees:
a. To redeliver the Yacht to the Owner at Alimos Marina, Athens cleaned-up, together with all her equipment, in
the same good condition as she was at take-over, at the time designated in Clause 1, but, unless the Yacht has
become a total loss, if he shall for any 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 there-after 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 b. To leave on deposit and as guaranty with the Owner on taking over the Yacht the amount of EURO 3,500 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 to the provisions above, after inspection of the Yacht, her gear and her inventory by the
Owner.
Restrictions in the use of
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 ONE (1)
qualified skipper and ONE (1) experienced crew members, but not more than 14 persons on board in total.
Composition of
Charterer`s Party and
Cruise Limits
in all at sea, or to accommodate aboard any person other than those shown on the crew/passenger manifest nor
to take the Yacht or permit her to be taken outside the area of the Greek seas nor to sublet the Yacht without the
written consent of the owner.
Observance of Customs
and Diving Laws
d. Not to allow any person on board to commit any act contrary to the custom laws of Greece or of any country
or contrary to the laws pertaining to fishing or underwater fishing nor to seek and/or take possession of objects of
archaeological nature or value and that in case any such act is 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 Towing the
Yacht
e. To take every possible preventive measure and precaution to avoid to bring the Yacht in any condition in
which the Yacht will need to be towed to any point by another vessel, but should such 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 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 the 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 Restrictions in
Navigation
g. When necessary, to promptly reduce canvas and not to allow the Yacht to be found sailing 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 his 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 functioning or without sufficient watch on deck.
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.
Itinerary i. To plan and to carry out the Yachts 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 Yachts 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 Yacht`s
Position and State
k. To report by telephone or cable to the Owner at reasonable intervals (every 3 days) the position and state of
the Yacht and of her passengers, as well as in the event of any damage to the Yacht.
Information 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
- This agreement is entered into on this basis of the Charterer`s competence in sailing, seamanship 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
Competence of Charterer
and his Crew
- 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 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
- 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 of the Yacht
Charterer`s Responsibility
during Charter Time
- 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 Charterers 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 9. After take-over, expenditures for port-dues, water, fuels, oils and any other stores and provisions required, as well as the repair of any damage or failure that may occur while the Yacht is in the Charterers 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.
Repairs of Damages
Ascertainment of
Damages
- 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 or Premature
Termination
- In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in Clause 3
(c) (III), all 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, less any discounts, commissions or administrative costs, 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 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 money
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 Provisions 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 or Charterers (if any), 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 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 the Greek Court.
SPECIAL PROVISIONS OR TERMS
Additional Conditions 16. In case of a lockdown or travel restrictions (including period of quarantine for travelers) imposed for the
period of the charter either in Greece or in the country of residency of the Charterer as nominated in the Charter
Party and provided that the charter has not already started, a full refund including all advance payments will be
offered by the Owner to the Charterer or Agency if any.
COVID19 Clause
Briefing 17. At a suitable moment, once the Charterer and his party have joined the yacht, the Skipper should deliver a
short briefing, in which he explains the basic safety procedures and other issues of concern. These may include,
but are not limited to, use of her yacht and equipment, general safety and security on board, emergency
equipment and procedures, the use of water sports equipment, smoking, drugs prohibition, children safety and
supervision, proper conduct when in port. This should also include details of any local laws/ restrictions as
necessary.
Yacht Operation 18. The Skipper is responsible for the navigation of the yacht, mooring, anchoring and manoeuvring and for
keeping the deck and cockpit of the yacht in good, clean and fully functional condition, also for managing the
refilling of water and fuel of the yacht and of the outboard engine and for processing port formalities, all on
Charterer’s expense. Other tasks such as interior cleaning, cooking, etc. are not part of the Skipper’s obligations.
The hostess (if applicable) on board possess required seamanship and competence in sailing for this trip and
shall assist when necessary the Skipper with sailing / anchoring / berthing / mooring the yacht, following the
instructions and guidance given by the Skipper. As required by Maritime Law and the rules of good seamanship
worldwide, the Charterer shall ensure that he and all passengers aboard will at all times comply with all safety
instructions as announced by the Skipper.
Sailing 19. Unless otherwise agreed, the Skipper shall navigate the yacht for up to a maximum of 6 hours daily. The
Skipper should never leave the yacht unattended and should stay alert during day and night to ensure the
safety of all crew and material on-board. The Skipper shall never enter and leave ports under sail but
exclusively motoring, however he shall use the sails of the yacht as much as possible unless the Charterer
wishes to motor (extra charges may apply for fuel) or wind conditions do not allow sailing at all.
Sailing Itinerary 20. The Skipper shall consult with the Charterer for the desired sailing itinerary and will always make the best
effort to satisfy the Charterer’s leisure requirements but does not warrant feasibility of itinerary for all cruises
and passages within the cruising area. Safety and comfort of all persons aboard shall be of primary concern
and the Skipper will at all times ascertain the nautical skills, physical condition and capability of all persons
aboard together with the prevailing and forecasted sea and weather conditions so as to decide on itinerary
and on whether to spend any night at anchor in bay or berthed at port. The skipper is however bound to
provide the Charterer with reasonable evidence and explanation of his decisions, then mutually agree on an
alternative plan with the Charterer.
Information 21. Skipper and Hostess/Steward duties are not to be confused with those of a “guide” or local “host” but
they should both respond to the best of their knowledge to any Charterer’s request for tourist information
and share all knowledge they happen to have (such as interesting anchorages, sights and spots, museums,
restaurants, nightlife, attractions, water sport centres etc.)
Responsibilities 22. The Charterer assumes full responsibility for all crew and materials into account, shall care for the yacht as
his own and remain liable for damages that he or the rest of the passengers may cause to the yacht, her
equipment or inventory, but the Skipper shall be responsible for all damages caused while sailing, motoring,
anchoring, mooring and manoeuvring the yacht on condition that such are attributed to his own acts or
omissions either wilful or negligent.
Watersports Equipment 23. The use and practice of water toys and watersports equipment, such as floats, Stand Up Paddles Boards,
kayak, underwater scooter, waterski, wakeboard, etc. is at the skipper’s discretion with NO exception.
Sessions are limited to a reasonable time per person or group per day (eg. 30 minutes). Weather condition,
area of operation or simply large traffic may make the operation and usage of the equipment not safe.
All
watersports equipment and toys are NOT on self-service or unlimited use.
Hostess 24. The Hostess / Steward (if applicable) shall do the daily shopping and prepare and serve each day breakfast
and a light meal (lunch or dinner). Provisions shall be made, and meals will be prepared to meet the
preferences declared by the Charterer in advance, to the extent permitted by local market availability of
items, paying careful attention to all special nutritional needs and restrictions set by the Charterer (such as
vegetarian restrictions, gluten tolerance, type of meat, wine picking, etc.). The provisioning and meal
preparation is fully managed by the crew. It is strictly forbidden for guests to cook or use the galley
equipment. The Hostess / Steward will assist the skipper in all his duties under his instructions and shall take
care of cleaning of communal areas of the yacht daily.
Chef (if applicable) 25. In case of a 3rd crew member (cook/chef), he/she will be able to offer three (3) meals per day (Breakfast,
lunch, dinner).
Supervision of children 26. Children have to be under the supervision of an adult or nanny of the charter party at all times and neither
the Skipper nor Steward/Hostess are intended to provide children supervision or nanny services. Any
additional services provided by the hostess should be agreed in advance.
Crew Provisioning 27. All food and drinks served on board are on the Charterer’s expense, including food & drinks (non-
alcoholic) consumed by the Skipper and Hostess/Steward. The Charterer shall provide the Skipper and
Hostess/Steward with a sleeping cabin/berth and shower/toilet which will be designated to them on-board.
Privacy 28. The Skipper and Hostess/Steward will make the best effort to provide the Charterer and his party with
privacy aboard and perform their professional duties with discretion and professionalism.
Crew Remuneration 29. The Skipper’s and Hostess/Steward’s remuneration fees will be delivered by the Charterer, on spot, prior
to embarkation, to the Stakeholder’s charter base manager, unless fees are included in the charter price.
Crew 30. The Charterer acknowledges that he has requested from Shipowner, to locally assist him in finding and
hiring a skipper and/or hostess and that neither Brokers nor the Owner of the yacht have any liability or other
responsibility arising from the performance of skipper and Hostess/Steward services or under any provisions
of this agreement.
Taxes 31. The Skipper and Hostess/Steward acknowledge that they are always responsible for the collection,
withholding, remittance and payment of the applicable taxes due on the total amount of the service price to
the relevant tax authorities and that neither Brokers nor Owner of the yacht act as sellers of their services.