Catamaran à voile avec équipage au départ de Kalamata et des îles Ioniennes du Sud

– Fountaine Pajot Saona 47, built 2021 Price List and general charter terms for 2023 – Summer operating area Greece: South Peloponnese, West Peloponnese & Ionian Islands – Home port: Kalamata Marina - Kalamata Airport: https://www.kalamata-airport.airportfield.com/ Clarifications: Inclusions: Skipper service, Cook/Hostess*, linen, pillows and blankets, bath towels (set of small and big), beach towels, 2 X SUP, Children's wakeboard, inflatable Kayak, snorkeling and fishing equipment, yacht's 3rd party insurance (no security deposit required), WiFi on board (Internet pack - Wi-Fi router for Internet aboard (40GB/week), High speed Satellite internet, TV , apple TV, Barbeque ΒΒQ, folding e-scooter, Asymmetrical AC5 fly roller gennaker, RYA/MCA Yachtmaster/instructor captain on board. Exclusions (most of them is covered through APA, see below): Fuel (for boat and tender), marinas/harbors/canals costs, provisions and meals (all food and drinks for passengers and crew, on and off board), relocation fees, crew gratuities (always at client's discretion, for exceptional service offered, typically 5-15% of charter price). Obligatory: Advance Provisioning Allowance (A.P.A.) 20-25% of the net charter fee In addition to the charter fee, you will also be asked to pay an APA of 20-25% of the net charter fee. This is given to the yacht in wire transfer to APA account/cash prior to your charter to allow the captain to buy fuel and provision, food supplies and in general prepare the yacht as per your demands. At the end of the charter, the captain will produce full accounts of all expenditure. You will either be refunded any money not used or asked to pay any additional costs not covered by the APA. *Fuel consumption for running the engine and the generator (depending on fuel rate and cruising hours) *Gasoline and lubricants for the use of the tender *Food - Drinks and spirits as per your preference list** and supermarket receipts *Delivery fees (TBA if applicable) *Marinas' fees, if any (only private marinas), port fees *Agent/Marina fees abroad (if applicable) * Cook-Hostess prepares and serves breakfast, lunch, and aperitifs. She/he is ready to prepare up to 2 dinners on board per week, if no restaurant available ashore. Also, takes care of daily cleaning, provisioning and freshening up of toilets, and assists skipper in navigating and maneuvering. ** Full preference list is sent to the charterer about five to six weeks before embarkation and has to be sent back at least two weeks before in order the crew be able to start the preparations/provisioning/yacht logistics on time. Mandatory options (payable before charter commencement) Cleaning fee : End cleaning for catamarans 45-50 ft 300 EURO Optional extras (payable before charter commencement) Relocation fee: Pylos port, West Messinia 300.00 € Relocation fee: Zakynthos port (Zante), South Ionian Islands 700.00 € Relocation fee: Milos , South Aegean Cyclades Islands 900.00 € *Cook-Hostess prepares and serves breakfast, lunch, aperitifs and max 2 dinners on board per week. Also, takes care of daily cleaning, provisioning and freshening up of toilets, and assists skipper in navigating and maneuvering. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CLAUSE 1 - AGREEMENT TO LET AND HIRE The OWNER agrees to let the Yacht to the CHARTERER and not to enter into any other Agreement for the Charter of the Yacht for the same period. The CHARTERER agrees to hire the Yacht and shall pay the Charter Fee, the Advance Provisioning Allowance, in the case he has agreed that the OWNER arranges the provisioning on his behalf, and any other charges, in cleared funds, on or before the dates and to the BORKER's Account specified in this Agreement. CLAUSE 2 - DELIVERY The OWNER shall at the beginning of the Charter deliver the Yacht 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 live-saving equipment (including life – jackets for children if any, are part of the Charterer's Party), as required by the Yacht's registration authority and enabling the CHARTERER to use the Yacht as set out in Clause 13. The OWNER does not warrant her comfort in bad weather conditions for all cruises or passages within the Charter Area. CLAUSE 3 - RE-DELIVERY The CHARTERER shall re-deliver the Yacht 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 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 Yacht 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. CLAUSE 4 - CRUISING AREA AND TIME The CHARTERER shall restrict the cruising of the Yacht to within the Cruising Area and to within regions in the Cruising Area. The CHARTERER shall also restrict time under way to an average of six (6) hours per day, unless the Captain, in his sole discretion, agrees to exceed this time or unless otherwise is agreed among the Undersigned Parties. CLAUSE 5 - MAXIMUM NUMBER OF PERSONS RESPONSIBILITY FOR CHILDREN AND HEALTH OF THE CHARTERER'S PARTY 5.1. The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on Board here in stated. As an exception, a reasonable number of visitors could be on Board whilst the YACHT is securely moored in port and at the sole discretion of the Captain. 5.2. If children are taken on board, the CHARTERER shall be fully responsible for their safety, conduct and entertainment. 5.3. The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signature of this Agreement the CHARTERER warrants the medical fitness of all members of the CHARTERER's party for the voyage contemplated by this Agreement. The CHARTERER and his party undertake to have all necessary visas and vaccinations for the countries to be visited. CLAUSE 6 - CREW The OWNER shall provide the Crew of the yacht, according to the laws of Greece and properly uniformed, fed and insured. The OWNER shall ensure that the Captain and Crew comply with the laws and regulations of any country into whose waters the Yacht shall enter during the course of this Agreement. The crew of the yacht is to ensure safety and to offer high level of services towards the CHARTERER and his guests. The CHARTERER is encouraged to make any and all requests or dislikes known to the Captain at soonest convenience, so that the crew may better comprehend specific needs and wishes and offer to the CHARTERER and his guests a most satisfactory time aboard the vessel. CLAUSE 7 - CAPTAIN'S AUTHORITY 7.1. 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 Yacht, 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 Yacht 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 Yacht upon the expiration of the Charter Period, or would cause a breach of Clause 13. 7.2. 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 to the same, the Captain shall inform the ONWER and the BROKER(s) and the OWNER may terminate the Charter forthwith or instruct the Captain to return the Yacht 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 before hand and the CHARTERER shall not be entitled to be refunded any part of the Charter Fee. 7.3. With particular regard to the use of watersports equipment, as defined in Clause 16, the Captain shall have the authority to prohibit the use by 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 to operate such equipment, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment. CLAUSE 8 - OPERATING COSTS, SPECIAL REQUIREMENTS AND CREW GRATUITIES 8.1. The CHARTERER shall be responsible for the operating costs of the yacht, for the entire Charter Period for himself and his Guests. Except if agreed otherwise, these include fuel, provisions and supplies, harbor/marina/canal/agent fees and generally any expense incurred from the daily use of the yacht and her equipment, except annual fixed costs and regular maintenance and repair costs from natural and normal wear. Having paid the Advance Provisioning Allowance (A.P.A.) via the BROKER's Account, as required by this Agreement, the CHARTERER shall be advised by the Captain, at intervals, as to the disbursement of the A.P.A. and shall, if the balance remaining becomes insufficient, in the light of current expenditure, pay to the Captain, in cash, a sufficient sum to maintain an adequate credit balance. Prior to disembarkation at the end of the Charter Period, the Captain shall present to the CHARTERER a detailed account of expenditure with as many supporting receipts as possible, and the CHARTERER shall pay to the captain, in cash, the balance of the expenses, or the Captain shall repay to the CHARTERER in cash or via the BROKER's account, any balance overpaid, as the case may be. 8.2. Payment for special requirements or equipment, shore transport or excursions or any other expenses not customarily considered part of the Yacht's operating costs may be required to be paid via the BROKER's account in advance or to the Captain on boarding in addition to the A.P.A. Unless specific alternative arrangements have been made in writing, in advance, all payments for operating costs etc, shall be payable in cash in the same currency as the Charter Fee, if alternate agreement has not been made. Payment by cheque, credit card or other negotiable instrument is not acceptable due to the itinerant nature of the Yacht's seasonal schedule and the CHARTERER should therefore ensure that he carries sufficient cash to cover all reasonably foreseeable expenses or arrange to deposit additional funds with the BROKER. 8.3. A crew gratuity is customary and expected, where the crew have offered at least satisfactory services. Such gratuity ranges between 5 and 15 percent of the charter fee and is clearly at CHARTERER's discretion. Absence of, or poor gratuity will be considered by the crew as inadequacy and the CHARTERER, via the BROKER, would be required to make the cause of his final dissatisfaction known. Maximum gratuity and beyond, is encouraged for exceptional services offered, where CHARTERER expectations were greatly exceeded. It is customary to offer gratuity to the captain in cash prior to disembarkation, who will then split with the crew accordingly. Of course, handling of gratuity is at CHARTERER's discretion and other methods of offering/splitting gratuity can be selected/arranged. However, any amount should have reached the intended recipients prior to disembarkation. CLAUSE 9 - DELAY IN DELIVERY 9.1. If the OWNER fails to deliver the yacht at the Port of Delivery at the commencement of the Charter Period, the OWNER will allow the CHARTERER demurrage pro rate for every day or part of day lost or if it be mutually agreed the OWNER shall allow a pro rata extension of the Charter Period. 9.2. If by reason of force majeure the OWNERS fails to deliver the yacht within forty-eight (48) hours or a period equivalent to one-seventh (1/7th) of the Charter Period, whichever period is shorter, from the due time of delivery, the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERER's exclusive remedy will be to receive repayment without interest of the full amount of payments made by him to the OWNER or BROKER(s). Alternatively, if the parties mutually agree and subject to the bookings of the yacht, the Charter Period shall be extended for a period equal to that which shall have elapsed between the date of delivery and the date of the actual delivery of the Yacht. 9.3. If the OWNER fails to deliver the yacht at the Port of Delivery at the commencement of the Charter Period in accordance to article 9.2, other than by reason of force majeure, the CHARTERER shall be entitled to treat this Agreement as repudiated by the OWNER. The CHARTERER will be entitled to repayment without interest of the full amount of all payments made by him to the OWNER or BROKER(s), and shall in addition be paid by the OWNER liquidated damages, calculated and paid forthwith on the following scale (measure of the scale to be the date of acknowledge regarding the failure of on time delivery): 9.3.1. If the CHARTERER is informed three (3) months or more before commencement of the Charter Period, an amount equivalent to 7,5% of the Charter Fee. 9.3.2. If the CHARTERER is informed more than fourteen (14) days but less than three (3) months before commencement of the Charter Period, an amount equivalent to fifteen percent (15%) of the Charter Fee. 9.3.3. If the CHARTERER is informed less than fourteen (14) days before commencement of the Charter Period, an amount equivalent to twenty five percent (25%) of the Charter Fee. 9.3.4. Alternatively to the repayment of the full amount and the liquidated damages set forth in article 9.3, the OWNER may offer to the CHARTERER for the same Charter Period and Charter Fees another yacht upgraded to the yacht initially agreed to in regard to size, comfort and services. In the case of replacement of the yacht, this is agreed by the Undersigned parties if the CHARTERERS gives consent on this. CLAUSE 10 - DELAY IN RE-DELIVERY 10.1. If re-delivery of the Yacht is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER. 10.2. If the CHARTERER fails to re-deliver the Yacht to the OWNER at the Port of Re-Delivery due to intentional delay or change of itinerary against the Captain's advice, then the CHARTERER shall pay forthwith to the OWNER demurrage at the daily rate plus forty percent (40%) of the daily rate, and if delay in re-delivery exceeds twenty-four (24) hours, the CHARTERER shall be liable to indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of deprivation of use of the Yacht or cancellation of, or delay in delivery under, any subsequent charter of the Yacht. CLAUSE 11 - CANCELLATION BY THE CHARTERER 11.1. Should notice of cancellation of this Agreement be given by the CHARTERER on or at any time before commencement of the Charter Period, or should the CHARTERER fail after having been given notice to pay any amount payable under this Agreement, the OWNER shall be entitled to retain the full amount of all payments made by the CHARTERER prior to cancellation. 11.2. Without prejudice to the OWNER's remedies in article 11.1 above, if the OWNER is able to re-let the yacht to another Charterer for all or part of the Charter Period and under the same conditions or reduced price then the OWNER or the BROKER on his behalf shall refund to the CHARTERER such net balance as is due to the CHARTERER after re-letting which is to be calculated upon the following basis: The original Charter Fee, net of commissions, shall be deducted from the net hire for the Charter Period due to the OWNER from the re-letting. To this figure is to be added all reasonable additional expenses, including commissions, incurred by the ONWER on re-letting. The figure as calculated will be deducted from the monies actually received from the CHARTERER and any remaining credit balance due to the CHARTERER will be repaid. The intention is that the OWNER shall not receive less in net proceeds from any re-letting than would have been received if the original Agreement has been fulfilled. The OWNER shall use his best endeavors to re-let the yacht and shall not unreasonably withhold his agreement, to re-let, although charters, which may reasonably be considered detrimental to the yacht, its reputation, its crew or its schedule may be refused. CLAUSE 12 - BREAKDOWN OR DISABLEMENT 12.1. If, after delivery, the Yacht at any time is disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Yacht by the CHARTERER for a period of not less than twelve (12) consecutive hours or one-seventh (1/7th) of the Charter Period, whichever is the larger, and not more than forty-eight (48) consecutive hours or one-seventh (1/7th) of the Charter Period, whichever is the shorter, (and the disablement has not been brought about by any act or default of the CHARTERER), the OWNER shall make a pro rate return of the Charter Fee from the date and time when the Yacht was disabled or became unfit for use. Alternatively, if the parties mutually agree and subject to the circumstances, the Charter Period shall be extended by a time equivalent to the disablement. If the CHARTERER considers the circumstances justify the invoking of this Clause, he shall give immediate notice in writing to the Captain that he wishes to do so. 12.2. If, however, the Yacht is lost, or is so extensively disabled as aforesaid that the Yacht cannot be repaired within a period of forty-eight (48) hours or one-seventh (1/7th) of the Charter Period, whichever is the shorter, the CHARTERER may terminate this Agreement by notice in writing to the OWNER or the BROKER(s) or, if no means of communications is possible, to the Captain on the OWNER's behalf, and as soon as practicable after such termination the Charter Fee shall be repaid by the OWNER pro rate without interest for that part of the Charter Period remaining after the date and time that the loss or disablement occurred. In these circumstances the CHARTERER may effect Re-Delivery by giving up possession of the yacht where she lies. The CHARTERER shall be entitled to recover from the OWNER the reasonable cost of returning himself and his passengers to the Port of Re-Delivery by scheduled services, together with any accommodation expenses necessary for this purpose. 12.3. Articles 12.1 and 12.2 shall not be valid for time charters, where there are special clauses in the case of breakdown or disablement. CLAUSE 13 – USE OF THE YACHT 13.1. The CHARTERER shall use the Yacht exclusively as a pleasure vessel for the use of himself and his Guests. The CHARTERER shall ensure that no pets or other animals are brought on board the Yacht without the consent in writing of the OWNER. The CHARTERER and none of his guests shall smoke in the interior areas of the Yacht, except if allowed by the Captain in designated areas. External smoking areas are also designated due to safety conditions and the CHARTERER shall be notified by the Captain concerning all such areas. The CHARTERER shall ensure that the behavior of himself and his Guests shall not cause a nuisance to any person or bring the Yacht into disrepute. 13.2. The CHARTERER shall comply, and shall ensure that his Guests comply, with the laws and regulations of any country into whose waters the Yacht shall enter during the course of this Agreement. 13.3. The CHARTERER shall ensure that any bonded stores or other merchandise which may already be aboard the Yacht, or may be brought aboard the Yacht during the Charter, are cleared through Customs before being taken ashore, if required by the laws and regulations. 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 or his BROKER, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7 of this Agreement. 13.4. If the CHARTERER or any of his Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the crew of the Yacht being detained, fined or imprisoned, or the Yacht 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. 13.5. It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER. 13.6. Itineraries for cruising might have been suggested by the BROKER, the OWNER or the Captain, prior to, or following signature of this agreement. It is accepted that all such itineraries are subject to weather and other conditions at the time of the charter. Itineraries, ports of call and anchorages scheduled or promised are subject to change at the discretion of the Captain, given safety of yacht, crew and passengers. CLAUSE 14 - NON-ASSIGNMENT The CHARTERER shall not assign this Agreement, sub-let the Yacht or part with control of the yacht without the consent in writing of the OWNER, which consent may be on such terms as the OWNER thinks fit. CLAUSE 15 - SALE OF THE YACHT Should the OWNER agree to sell the Yacht after the signing of this Charter Agreement, but before delivery to the CHARTERER, the OWNER shall immediately give notice of such sale in writing to the CHARTERER and the BROKER(s). Should the vessel be sold one of the following provisions will apply: 15.1. The OWNER shall arrange for the Buyer to take over the Charter Agreement and perform the Charter on the same terms and conditions by way of a new Charter Agreement between the involved parties. Shall the Charter not be perform on the same terms and conditions and with the same crew or Yacht of similar or superior standard, the CHARTERER is entitled to refuse signing of a new Charter Agreement. 15.2. If the Buyer is unwilling or unable to fulfill the Charter Agreement, the OWNER hereby procures the Charter of a replacement yacht of similar or superior standard and on the same Charter Fee. Shall the replacement Yacht not be of similar or superior standard, equivalent crew and expenses, then the CHARTERER is entitled to refuse the replacement Yacht. 15.3. Should the CHARTERER in accordance to article 15.2,, not sign a new Charter Agreement, or reject the proposed replacement, the CHARTERER will be entitled to repayment without interest of the full amount of all payments made by him, and shall in addition be paid by the OWNER liquidated damages, calculated and paid forthwith on the following scale: 15.3.1. If the CHARTERER is informed three (3) months or more before commencement of the Charter Period, an amount equivalent to 7,5% of the Charter Fee. 15.3.2. If the CHARTERER is informed more than fourteen (14) days but less than three (3) months before commencement of the Charter Period, an amount equivalent to fifteen percent (15%) of the Charter Fee. 15.3.3. If the CHARTERER is informed less than fourteen (14) days before commencement of the Charter Period, an amount equivalent to twenty five percent (25%) of the Charter Fee. CLAUSE 16 - INSURANCE The OWNER shall insure the Yacht in accordance with paragraph 1 – clause 8 of the Greek Law "N.2743/99" and specifically: 16.1. For urban liability for death, personal injury of Guests and third parties caused by collision, shipwreck or any other causes, and for an amount of at least three hundred thousand (300.000) Euro, regardless of the number of persons. 16.2. For third parties liability for material damage to Guests and third parties caused by collision, shipwreck or any other causes, and for an amount of at least one hundred and fifty thousand (150.000) Euro 16.3. For sea pollution and with insurance of at least ninety thousand (90.000) Euro. 16.4. Additionally, the OWNER shall have insurance coverage against liabilities caused by the use of watersports equipment, as per 7.3. of this Charter Agreement. The insurance shall also cover war and strikes and include insurance of Crew against injuries and/or Third Party liabilities incurr ed during the course of their employment. 16.5. All such insurances shall be on such terms and subject to such deductibles as are customary for a vessel of the Yacht's size and type. Copies of the relevant insurance documentation shall be available for inspection by the CHARTERER prior to the Charter on reasonable notice to the Captain, and shall be carried on board the Yacht. 16.6. The CHARTERER shall carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses incurred other than as covered under the Yacht's insurance as per articles 16.1. and 16.2 of this agreement. It is also agreed that Cancellation and Curtailment insurance is not included in this Agreement. CLAUSE 17 – CHARTERER'S LIABILITY The CHARTERER shall only be liable for such costs or losses as may be incurred by repairing damage caused by the CHARTERER or his guests (intentionally or otherwise) to the Yacht or any third party up to the level of the Excess (Deductible) on the OWNER's insurance policy for each separate accident or occurrence. The CHARTERER may be liable for a sum greater than the Excess (Deductible) on any one accident or occurrence if the CHARTERER or any of his guests acted in such a manner (intentionally or otherwise) as to avoid, or limit, the coverage under the OWNER's insurance. CLAUSE 18 - BROKER(s) AND STAKEHOLDER The BROKER acting as STAKEHOLDER, shall maintain all funds in an escrow account - of a reputable banking/financial institution within the country of incorporation of the STAKEHOLDING company, that adheres to the most common standards for safe banking and funds insurance and which has been operating legally for several years - until such time that they are deemed payable to the OWNER or returned to the CHARTERER as agreed herein and via any separate, in writing, agreement, that is connected to this agreement. If more than one BROKERS are involved, the BROKER acting as STAKEHOLDER, shall be clearly specified within this agreement. Brokerage fees and BROKER and STAKEHOLDER liabilities will be governed by the following articles: 18.1. The BROKER's commission shall be deemed to be earned by the BROKER(s) upon the signing of this Agreement and be payable by the OWNER on the Charter Fee, in full on first payment of the Charter Fee or sectionaly as per agreed payment terms herein, if the first payment is not adequate to cover the full commission amount. In the event of Cancellation or Curtailment by the CHARTERER, the full commission amount shall be deducted as an expense from any monies due to the CHARTERER and in the case of cancellation by the OWNER the commission will be deemed payable by the OWNER. However, even though the BROKER's commission is deemed earned upon the signing of this agreement, it is noted that the BROKER(s) customary services of assisting, mediating and facilitating, are complete on successful re-delivery of the yacht, disembarkation of the CHARTERER and his guests and confirmation that there are no unresolved complaints or disputes between any of the Parties involved. 18.2. If the CHARTERER - or any of his guests as stated in the Passenger List/Manifest - should extend this Charter (via extension of current contract or signing of new contract) or re-charter the Yacht from the OWNER within two (2) years from the date of completion of this Charter whether or not on the same terms, then the BROKER(s) shall be entitled to, and shall be paid by the OWNER, commission on the gross Charter Fee paid for that further charter upon the same basis as provided herein. Exceptionally, the OWNER shall not be obligated to pay commission to the BROKER(s) of this agreement, if such re-charter, or such extension (made via extension or new contract), has been arranged by another licensed broker, not affiliated to the OWNER in any way, and appointed exclusively by the CHARTERER in writing. The commission agreed with the new licensed broker has to be agreed in writing and the payment of the commission must be proved with legally accepted documents. These documents must be made available to the initial BROKER(s) if so requested. If a lesser commission has been agreed with the new broker, then the BROKER(s) of the initial Charter Agreement is entitled to be paid by the OWNER the difference arising from the application of the two different brokerage commissions. 18.3. If any agreement should be reached directly between the CHARTERER - or any of his guests on board as per the Passenger list/manifest - and the OWNER for the purchase of the yacht within two (2) years from the date of completion of this charter, then the BROKER(s) shall be entitled to and be paid by the OWNER the customary or normal brokerage commission. 18.4. The BROKERS in this Agreement shall have no responsibility for any loss, damage or injury or even death to the person or property of the OWNER or CHARTERER or any of their Guests, servants or agents. 18.5. The STAKEHOLDER cannot and will not be indebted to, or liable against, any party within this contract, or any third party acting on behalf or by authority of a party within this contract, should the banking/financial institution in which the escrow account is maintained fail, default, go bankrupt or make funds unavailable or inaccessible in any way, hence temporarily or permanently limiting or denying access to these funds by the STAKEHOLDER, thus rendering him unable, in a way beyond his control, to use them in order to make payments as agreed herein. All undersigned parties in the agreement agree that in such a case, all relevant liability shall be waived from the STAKEHOLDER and passed on to the party or authority responsible for the funds being made inaccessible or lost. The same limitation of liability applies should the STAKEHOLDER be denied access to these funds due to any reason beyond his direct control and liability. CLAUSE 19 - PAYMENTS TO THE OWNER The funds received by the BROKER(s) against this Agreement shall be paid to the OWNER as follows and all payments are considered complete as soon as they are actually confirmed cleared, or as soon as the relevant payment order receipts are sent by the BROKER(s) to the OWNER via paper or any sort of electronic means, whichever comes first. 19.1. The Advance Provisioning Allowance (A.P.A.) shall be paid to the OWNER before commencement of the Charter and in due time for the Yacht to purchase provisions as per CHARTERER's instructions. In case of cancellation of the charter and premature termination of this agreement, after the A.P.A. has been received by the OWNER and prior to charter commencement, the OWNER will immediately return the full A.P.A, amount to the CHARTERER via the BROKER's account. Exceptionally for the case that the cancellation was requested by the CHARTERER or was brought forward by force majeure, any expenses already made, shall be deducted from the A.P.A. amount returned. 19.2. The charter fee due to the OWNER shall be paid in two installments as follows: a) First installment, 20% of monies due to the OWNERSHIP COMPANY, upon CHARTERER confirmation on the Yacht. The commencement of a charter is deemed successful if no notice has been received by the BROKER-STAKEHOLDER of the contrary by the end of the embarkation day. b) Second installment, 30% of monies due to the OWNERSHIP COMPANY, 90 days before CHARTERER's embarkation. c) Final Installment, 50% of monies due to the OWNERSHIP COMPANY, 30 days before CHARTERER's embarkation and charter agreement termination free of any complaints. 19.3. Any agreed/applicable Refundable Security Deposit, shall remain in the BROKER-STAKEHOLDER account and returned to the CHARTERER as per terms and conditions of this agreement, following charter end and written confirmation by the OWNER that no amount of the security deposit is claimed against damages as per clause 17 of this agreement. CLAUSE 20 - COMPLAINTS The CHARTERER shall give notice of any complaint in the first instance to the Captain on board and note shall be taken of the time, date and nature of the complaint. 20.1. If it is within the Captain's power and authority to remedy the cause of the complaint, he shall do so immediately or as soon as actually possible. The Captain shall notify the OWNER and BROKER(s) of the complaint and his actions to successfully remedy the cause in writing (via email or instant message) or recorded voice message, over the first available electronic means and it is the responsibility of the OWNER, or the BROKER on the OWNER's behalf, to then follow up promptly with the CHARTERER to confirm that the cause of the complaint has been successfully remedied and that the complaint does not remain. For complaints remedied in such a manner, no claims for reimbursement shall be accepted. 20.2. If, however, it is not within the Captain's power and authority to resolve the cause of the complaint on board the Yacht in a swift manner, then both Captain and CHARTERER shall give notice to the OWNER or to the BROKER on the OWNER's behalf as soon as practicable after the event giving rise to the complaint has taken place and anyway within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing. The precise nature of the complaint must be specified and the specific request(s) or suggestions to remedy the cause of the complaint should be suggested by the CHARTERER, in order to assist the BROKER and OWNER to propose and offer appropriate remedy, if within either party's responsibility, ability, liability or authority to do so. 20.3. In any and all cases of complaints it is agreed that good will shall be practiced by all parties, in the following spirit: The OWNER shall make all human efforts to ensure that contractual obligations are met in full and that all reasonable efforts are made to ensure that the CHARTERER and his guests enjoy the Yacht in the customary and expected manner that such a Yacht is to be enjoyed. The CHARTERER shall acknowledge that the nature of Yachting holds restrictions in itself, due to the specific, constantly changing, frequently unforgiving and difficult conditions in which a Yacht and her crew operate. The BROKER shall act on the best interests of both CHARTERER, OWNER as well as those of the yachting charter industry, acting as mediator in supporting and encouraging reason and making the best efforts in finding a fair resolution to any disagreement. CLAUSE 21 - NOTICES Any notice given or required to be given by either Party to this Agreement shall be communicated in writing or any other recorded means accepted legally, via electronic or physical channels, in a form that is proven to work. More specifically, in a form that the Parties mentioned herein used to communicate with each other the details of this agreement and charter, or in a form that was agreed to be used in writing at any time between initiating contact leading to this agreement and the embarkation on the yacht. It is also agreed that reasonable action is to be taken by the sender to ensure that a notice has reached its destination and that the recipient has been made aware of its contents. Likewise, a recipient of any such notice should confirm receipt of the notice by notifying the sender that such notice has been received and is being reviewed. CLAUSE 22 - DEFINITIONS 22.1. FORCE MAJEURE 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 labor 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). 22.2. OWNERS, CHARTERERS AND BROKERS Throughout the Agreement, the terms “OWNER”,“CHARTERER” and “BROKER” and corresponding pronouns shall be construed to apply whether the OWNER, CHARTERER or BROKER is male, female, or corporate, singular or plural, as the case may be. CLAUSE 23 - ARBITRATION Any dispute in connection with the interpretation and fulfillment of this Agreement shall be decided by arbitration in Piraeus, Greece. Each party shall appoint one Arbitrator, the third –in head of the arbitration - being appointed by the Shipping Chamber of Shipping in Greece. This Agreement shall be interpreted and fulfilled in accordance with the laws of Greece and the Courts of Piraeus/Greece. CLAUSE 24 - LOCAL CRUISING FEES, TAXES AND VAT It is clarified that the charter fee and any additional amounts agreed are valid on the date of signing this agreement. Local fees that concern yachting/cruising, indirect/direct taxes and VAT are subject to change by state laws, without prior notice. It is agreed that the OWNER shall inform the CHARTERER, via the BROKER, as soon as any such change takes places and that any rise in cost of this charter deriving as a direct result of such changes incurred after signing this agreement, which are beyond the control of the OWNER, shall be assumed by the CHARTERER. CLAUSE 25 - ADDITIONAL/SPECIAL CONDITIONS (if any) 25.1. COVID19 Addenda Following the 2020 COVID19 crisis and the exceptional circumstances that it created for the travel, tourism and yachting industries (among others), the following special articles are added and form part of this agreement: 25.1.1. If the OWNER is unable to deliver the yacht at the agreed port on the charter start date, or up to 24hrs later, due to country/state restrictions in the country of embarkation (same as, but not restricted to, the COVID19 crisis lockdowns) he will issue a credit note, valid for 1 year, for any amount already received in the STAKEHOLDER's escrow account, to be used by the CHARTERER for chartering the same vessel at a future time, following confirmation of availability and signature of new chartering contract. A.P.A. (Advance Provisioning Allowance) and any similar amount that the CHARTERER already paid to the OWNER which does not form part of the charter fee and that has not been used by the OWNER to prepare the yacht for the specific charter, up to the time that it is made known to the OWNER that he will be unable to deliver the yacht as per this agreement, shall be excluded from the credit note and will be returned to the CHARTERER immediately, via the BROKER's account. For the case of a future charter, the CHARTERER will be liable to pay any difference in charter fee arising from an upwards difference in charter rate, but shall not be entitled to a refund in case of downward difference in charter rate. The formal, in writing, procedure shall be followed to confirm the reservation of the new charter period requested and a new agreement with same terms shall be signed. The amount of the credit note will act payment for the charter, full or partial, depending on particulars. If the yacht is sold before the CHARTERER uses his credit note, the OWNER will be liable to return the amount of the credit note to the CHARTERER in full, if no agreement has been signed up to the date of sale. If the OWNER sells the yacht after having signed a new charter agreement, then Clause 15 of this agreement shall apply. 25.1.2. If the CHARTERER is unable embark the vessel on the charter date or up to 24hrs later, due to country/ state restrictions in the country of embarkation, that may also affect the CHARTERER's ability to travel to the embarkation location (same as, but not restricted to, the COVID19 crisis lockdowns), the same conditions as article 25.1.1 shall apply. It is clarified here that these terms apply only for restrictions deriving from the country of embarkation and the country of origin of the CHARTERER, should these two be different. 25.1.3. Exceptionally for the case that the country/state which imposed any such restrictions, thus creating upset in this charter agreement, reimburses the OWNER or the CHARTERER at a proportion of at least 90% of the charter value, acknowledging liability for losses incurred to the OWNER for not being able to deliver the yacht, or to the CHARTERER for not being able to travel to the yacht, then articles 25.1.1 and 25.1.2 shall only apply if both OWNER and CHARTERER agree to apply them.