ミコノス・アブソリュート・スーパーファントムのヨットチャーター-85+ (2002)

CHARTER TERMSCLAUSE 1 AGREEMENT TO LET AND HIRE The OWNER covenants to lease the Vessel exclusively to the CHARTERER and to not enter into any other Contract of Charter for the Vessel during the term of this Agreement. The CHARTERER covenants to take on the hire of the Vessel and shall fulfill their financial obligations, including payment of the Charter Fee, Advance Provisioning Allowance, Delivery/Re-delivery Fee, Security Deposit and any other agreed charges, in a timely manner and in cleared funds, as specified in this Agreement. CLAUSE 2 DELIVERY The OWNER covenants to deliver the Vessel, free of encumbrances and in compliance with all flag state requirements, to the CHARTERER at the Place of Delivery, at the beginning of the Charter Period. The CHARTERER shall accept delivery of the Vessel, in full commission and working order, and shall take possession of the Vessel upon delivery. The Vessel shall be insured, seaworthy, clean, and in good condition, fully equipped with all necessary safety and lifesaving equipment (including life-jackets for children, if applicable), and compliant with the regulations and requirements of the Vessel's registration authority. The CHARTERER shall use the Vessel as set out in Clause 13. The OWNER does not make any warranties regarding the Vessel's comfort in adverse weather conditions or suitability for all cruises or passages within the agreed-upon Cruising Area. CLAUSE 3 RE-DELIVERY The CHARTERER shall, at the termination of the Charter Period, re-deliver the Vessel to the OWNER, at the Place of Re-Delivery, free of any debts incurred by the CHARTERER during the Charter Period and in the same condition as when received, reasonable wear and tear excepted. The CHARTERER shall have the right to re-deliver the Vessel and disembark prior to the end of the Charter Period, however, such early re-delivery shall not result in a refund of the Charter Fee. CLAUSE 4 CRUISING AREA - The CHARTERER covenants to restrict the cruising of the Vessel to within the agreed-upon Cruising Area and to regions where the Vessel is legally permitted to cruise. The CHARTERER shall also limit the Vessel's time under way to an average of six (6) hours per day, unless the Captain agrees to exceed this limit, at his sole discretion. - The Captain and/or Broker shall make reasonable efforts to accommodate the CHARTERER's requests for a berth, but neither the Captain, Owner, Broker, nor Stakeholder (if applicable) shall be held liable for the non-allocation of a berth. CLAUSE 5 MAX NUMBER OF PERSONS - RESPONSIBILITY FOR CHILDREN - HEALTH - The CHARTERER shall not, at any time during the Charter Period, allow more passengers than the Maximum Number of Guests Sleeping or Cruising on Board, unless approved by the Captain for a reasonable number of visitors when the Vessel is securely moored in port or at anchor, or as permitted by the relevant authority. - If children are taken on board, the CHARTERER shall assume full responsibility for their behavior and entertainment. No crew member shall be held liable for their behavior or entertainment. - Due to the nature of a charter, it may not be suitable for individuals with physical disabilities or those undergoing medical treatment. By signing this Agreement, the CHARTERER confirms that all members of the CHARTERER's party are medically fit for the voyage, and they and their party have obtained all necessary visas and vaccinations for the countries they will visit. CLAUSE 6 CREW - The OWNER shall appoint a Captain who is qualified in accordance with the Vessel's flag state requirements and acceptable to the Vessel's insurers. The OWNER shall also provide a suitably qualified and properly trained crew. No crew member shall use or possess illegal drugs on board the Vessel, or keep firearms (other than those declared on the manifest), and the Captain and crew must comply with the laws and regulations of any country the Vessel enters during the charter period. - The crew shall be entitled to a minimum amount of rest in accordance with the Vessel's Code of Practice, which includes the Maritime Labor Convention (MLC) 2006. - The Captain and crew shall maintain confidentiality of all information related to this Charter, the OWNER, the CHARTERER, and Guests, and shall not disclose any information to third parties without prior written permission. CLAUSE 7 CAPTAIN'S AUTHORITY AND RESPONSIBILITIES - The OWNER shall ensure that the Captain gives the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain must comply with all reasonable requests from the CHARTERER for managing, operating, and moving the Vessel, given that wind, weather, and other circumstances allow. However, the Captain is not required to obey orders that may cause the Vessel to move to an unsafe or improper port, or result in the CHARTERER not delivering the Vessel at the end of the Charter Period. - If, in the Captain's opinion, the CHARTERER or any Guest breaches any provisions of Clause 13, and if this continues after the Captain gives written warning, the Captain will inform the OWNER, Broker, and Stakeholder, and the OWNER may immediately terminate the Charter, or instruct the Captain to return the Vessel to the Place of Re-Delivery. In this case, the CHARTERER and Guests must disembark and settle any expenses with the Captain. The CHARTERER will not receive a refund for the Charter Fee. - Regarding the use of water sports equipment, the Captain has the authority to prevent the CHARTERER or any Guest from using any particular equipment if they are acting unsafely, irresponsibly, under the influence of alcohol, or posing a risk to others or property when operating the equipment. - The Captain shall promptly notify the Owner, Broker and Stakeholder of any malfunctions, disabilities, crew changes, accidents, or other significant events that occur during the Charter Period. CLAUSE 8 OPERATING COSTS The Charter Fee includes the charter of the Vessel with all its equipment in working order, tools, stores, cleaning materials, and basic consumable stores for engine room, deck, galley, and cabins; laundry of the ship's linen; and the wages, uniforms, and food of the crew as per Clause 16. The CHARTERER will pay, at cost, for all other expenses. These expenses include, but are not limited to: shoreside transport, fuel for main engines and generators, fuel for tenders and water sports equipment, food and beverages for the Charter Party, berthing dues and other harbor charges (including pilots' fees, local taxes, divers' fees, customs formalities, and any charges for waste disposal), charges for water and electricity taken from shore, ship's agents' fees (where applicable), personal laundry, Charter Party communications and internet use, and the hire or purchase costs of any special equipment placed on board at the CHARTERER's request. Payment for extraordinary expenses, such as special requirements or equipment, shoreside transport, or excursions, or any other expenses not typically considered part of the Vessel's operating costs, may be required to be paid, either in advance via the Broker's account or to the captain on boarding, in addition to the Advance Provisioning Allowance (APA). Having paid the Advance Provisioning Allowance (APA) via the Broker's account, the Charterer shall be advised by the Captain at intervals as to the disbursement of the APA. If the remaining balance becomes insufficient in light of current expenditure, the Charterer shall pay the Captain a sufficient sum to maintain an adequate credit balance. The Owner shall ensure the Captain exercises due diligence in the expenditure of the APA. Any charges or fees related to the transfer of the APA to the Vessel are the Charterer's responsibility. Exchange rates, if applicable, cannot be guaranteed. Prior to disembarkation at the end of the Charter Period, the Captain shall present the CHARTERER with a detailed account of expenditure, along with as many supporting receipts as possible. The CHARTERER shall then pay the balance of the expenses to the captain, or if overpaid, the captain shall repay the CHARTERER the balance. Payment by check, credit card, or other negotiable instrument is not typically accepted due to the Vessel's seasonal schedule. The CHARTERER should ensure that sufficient funds are available to cover all foreseeable expenses or arrange to deposit additional funds with the Broker. CLAUSE 9 DELAY IN DELIVERY - If, due to force majeure (as defined in Clause 18(a)), the OWNER fails to deliver the Vessel to the CHARTERER at the Place of Delivery at the start of the Charter Period and delivery is made within 48 hours of the scheduled start date or within one-tenth of the Charter Period, whichever period is shorter, the OWNER shall pay the CHARTERER a pro-rata refund of the Charter Fee, or if mutually agreed, the OWNER shall allow a pro-rata extension of the Charter Period." FAILURE TO DELIVER - If, by reason of force majeure (as defined in Clause 18 (a)), the OWNER fails to deliver the Vessel within forty-eight (48) hours or a period equivalent to one-tenth (1/10th) of the Charter Period, whichever is shorter, from the scheduled delivery time to the Place of Delivery, the CHARTERER shall be entitled to terminate this Agreement. The CHARTERER's sole remedy shall be to receive immediate repayment without interest of all payments made under this Agreement. Alternatively, if agreed upon by both parties, the Charter Period shall be extended by an amount equivalent to the delay, or postponed to a mutually agreed date. - If the OWNER fails to deliver the Vessel at the Place of Delivery at the start of the Charter Period, and it's not due to force majeure, the CHARTERER shall be entitled to regard this Agreement as being repudiated by the OWNER. The CHARTERER shall be entitled to immediate repayment without interest of all payments made under this Agreement and in addition, the OWNER shall pay the CHARTERER liquidated damages equivalent to 50% of the Charter Fee. CANCELLATION BY OWNER - If prior to the commencement of the Charter Period as set out in Page One of this Agreement, the OWNER tenders notice of cancellation via the Broker and if the cancellation is due to force majeure, the remedy in (b) above shall apply. - If the cancellation is for any reason other than force majeure, the CHARTERER shall be entitled to immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement, and shall in addition be entitled to liquidated damages from the OWNER to be calculated and paid forthwith on the following scale: - i) Thirty (30) days or more before commencement of the Charter Period, an amount equivalent to twenty-five percent (25%) of the Charter Fee. - ii) More than fourteen (14) days but less than thirty (30) days before commencement of the Charter Period, an amount equivalent to thirty-five percent (35%) of the Charter Fee. - iii) Fourteen (14) days or less before commencement of the Charter Period, an amount equivalent to fifty percent (50%) of the Charter Fee. CLAUSE 10 DELAY IN RE-DELIVERY - If the re-delivery of the Vessel is delayed due to force majeure, it shall be re-delivered as soon as possible and in the meantime, the conditions of this Agreement shall remain in effect but without penalty or additional charge against the CHARTERER. - If the CHARTERER fails to re-deliver the Vessel to the OWNER at the Place of Re-Delivery due to intentional delay or change of itinerary against the Captain's advice, the CHARTERER shall immediately pay the OWNER via the Broker/Stakeholder's Account demurrage at the daily rate plus fifty percent (50%) of the daily rate. The CHARTERER shall also be liable for all operating costs as per Clause 8 and indemnify the OWNER for any loss or damage that the OWNER shall suffer due to deprivation of use of the Vessel or cancellation of, or delay in delivery under any subsequent Charter of the Vessel. CLAUSE 11 CANCELLATION BY CHARTERER & CONSEQUENCES OF NON-PAYMENT Should the CHARTERER give notice of cancellation of this Agreement at any time before the commencement of the Charter Period, some or all the Charter Fee may be retained by the OWNER as determined as follows: - After this Agreement is signed/accepted but before the final installment is due to be paid, the OWNER shall be entitled to retain the first installment. - After any subsequent installments are due to be paid, the OWNER shall be entitled to retain the first installment and any subsequent installments due. - If any of the installments are due to be paid but have not been paid, then the OWNER shall have a claim against the CHARTERER for the amount due. DEFAULT OF PAYMENT OR FAILURE TO PAY Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any amount due under this Agreement, the OWNER reserves the right to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation. - Notwithstanding the OWNER's right to receive or retain all payments referred to above, the OWNER shall be under a duty to mitigate the CHARTERER's 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 such 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 had it not been cancelled or repudiated, so that the OWNER shall reimburse or forgive payments received or due from the CHARTERER only to the extent that the net proceeds from any re-letting which correspond to part or all of the Charter Period exceed the amounts which would have been received under this Agreement. The OWNER shall use his best endeavors to re-let the Vessel and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the Vessel, its reputation, its crew or its schedule may be refused. - If, prior to the date of cancellation, the Vessel has taken on provisions for the Charter, or has utilized the Delivery/Redelivery Fee as set out on Page One of this Agreement, then the CHARTERER shall pay for these expenses unless all or part can be either refunded by the supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. The Captain and OWNER shall be under a duty to mitigate these expenses where possible. - If, after signature of this Agreement, the OWNER is adjudged bankrupt or, in the case of a company, a liquidator, receiver or administrator is appointed over all or part of the OWNER's assets, the CHARTERER shall be entitled to cancel the Charter and all monies paid to the OWNER, his agent or the Stakeholder pursuant to this Agreement shall be refunded without further deduction. CLAUSE 12 BREAKDOWN OR DISABLEMENT If after delivery, the vessel is disabled by machinery breakdown, grounding, collision, or any other cause, preventing reasonable use of the vessel by the charterer for a period of 12-48 consecutive hours, or 1/10th of the charter period (whichever is shorter) and the disablement was not caused by the charterer's act or default, the owner shall make a pro-rata refund of the charter fee for the period of the disablement or, if mutually agreed, allow a pro-rata extension of the charter period. If the charterer wishes to invoke this clause, they must give immediate notice to the captain (or via the broker). The charterer will not be liable for extra costs related to the immobilization of the vessel but will remain liable for normal expenses during the period of disablement. In the event of actual or constructive total loss of the vessel or if the vessel is disabled for a consecutive period of more than 48 hours or 1/10th of the charter period (whichever is shorter), the charterer may terminate the agreement by written notice to the owner via the broker or to the captain if no means of communication is available. Within 2 working days after such termination, the owner shall repay the charter fee pro-rata without interest for the outstanding portion of the charter period after the date and time of loss or disablement. In the event of termination, the charterer may effect re-delivery by giving up possession of the vessel. The charterer is entitled to recover from the owner reasonable costs for returning the charterer and their guests to the place of re-delivery and reasonable accommodation expenses incurred. Alternatively, after a consecutive period of disablement of more than 48 hours or 1/10th of the charter period (whichever is shorter) and dependent on the nature and seriousness of the disablement, the charterer may, by mutual agreement, elect to remain on board for the duration of the charter period and will have no further claim against the owner. CLAUSE 13 USE OF THE VESSEL The CHARTERER shall comply and ensure that Guests comply with the laws and regulations of any country the Vessel enters during the agreement. The CHARTERER shall ensure no pets or other animals are brought on board without written consent from the OWNER. The CHARTERER shall ensure the behavior of themselves and their Guests does not cause nuisance or bring the Vessel into disrepute. The Vessel is not to be used for commercial photo or film shoots unless written permission from the OWNER is obtained. The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall be subjected to any form of harassment, sexual or otherwise, by the CHARTERER or Guests during the Charter Period. Smoking shall be restricted to exterior areas designated by the Captain unless otherwise agreed. Rendezvous diving only, unless noted under Special Conditions. The Captain shall promptly inform the CHARTERER of any terms violated by themselves or their Guests. If behavior continues after warning, the Captain shall inform the OWNER, who may terminate the agreement by written notice in accordance with Clause 7. If CHARTERER or Guests commit any offense that results in Crew detention, fines, or imprisonment, or the Vessel being arrested, seized, or fined, the CHARTERER shall indemnify the OWNER for all loss, damage, and expense incurred. The OWNER may also terminate the agreement by notice to the CHARTERER. The Vessel operates a zero-tolerance policy for illegal drugs and weapons (including firearms). Failure to comply shall be reason enough for the OWNER to immediately terminate the Charter without refund or recourse against the OWNER, Stakeholder, or Broker CLAUSE 14 NON-ASSIGNMENT The CHARTERER shall not assign this Agreement, sub-lease the Vessel or part with control of the Vessel without the written consent of the OWNER, which consent may be on such terms as the OWNER sees fit. CLAUSE 15 SALE OF THE VESSEL a) The OWNER agrees not to sell the Vessel during the Charter Period as set out on Page One of this Agreement. b) Should the OWNER agree to sell the Vessel after signing this Charter Agreement but before delivery to the CHARTERER, the OWNER shall immediately upon entering into an agreement for the sale of the Vessel give notice of such sale in writing to the CHARTERER via the Broker. This information shall be kept in strict confidence by all parties to the Agreements. c) Should the Vessel be sold, one of the following provisions will apply: i) The OWNER shall arrange for the Buyer to perform the Charter on the same terms and conditions by signing a tri-partite Novation Agreement. Where the Charter is taken over by the Buyer on the same terms and conditions, there shall be no penalty against the OWNER and no additional commission due to the Broker. ii) If the Buyer is unwilling or unable to fulfill the Charter Agreement, then this Charter Agreement shall be considered as having been canceled by the OWNER in accordance with Clause 9. All payments made by the CHARTERER shall be promptly repaid in full to him without deduction. In addition, liquidated damages calculated in accordance with Clause 9(e), (i), (ii), or (iii) as appropriate, shall be paid. The Broker and Stakeholder shall be paid by the OWNER the full commission due on this original Agreement no later than seventy-two (72) hours after formal cancellation. CLAUSE 16 INSURANCE - Throughout the period of this Agreement, the OWNER shall ensure the Vessel is insured with first-class insurers against all customary risks for a Vessel of its size, value, and type, with coverage no less than provided under Institute Yacht Clauses 1.11.85 or other recognized terms extended to provide Permission to Charter and cover Third-Party liability, Water Skiers liabilities, and liabilities arising from the use of personal watercraft, including jet skis, wave runners, and other similar powered craft, windsurfers, dinghies, catamarans, or other water-sports equipment carried by the Vessel. The insurance shall also cover War, Strikes, Pollution and include insurance for the crew against injuries and/or Third-Party liabilities incurred during employment. The CHARTERER remains liable for any loss, damage, or liabilities arising from their own act or negligence and not recoverable by the OWNER under their insurance. - All such insurance shall be on terms and subject to such deductibles that are customary for a vessel of this size, value, and type. Copies of all relevant insurance documentation shall be available for inspection by the CHARTERER on reasonable notice to the OWNER, and shall be carried on board the Vessel. - The CHARTERER should carry independent insurance for Personal Effects while on board or ashore, and for any Medical or Accident expenses, including emergency transport evacuation incurred. - The CHARTERER should be aware that neither Charterer's Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement CLAUSE 17 SECURITY DEPOSIT Unless otherwise provided in this Agreement, the Security Deposit shall be held by the Stakeholder on behalf of the OWNER and may be used to discharge any damage or liability that the CHARTERER may incur under any provisions of this Agreement. If not required, as confirmed by the Captain in writing to the Stakeholder, the Security Deposit shall be refunded without interest to the CHARTERER on the first working day after the end of the Charter Period or after the settlement of all outstanding questions, whichever is the latter. CLAUSE 18 DEFINITIONS - FORCE MAJEURE In this Agreement, 'force majeure' means any cause directly attributed to acts, events, non-happenings, omissions, accidents, or Acts of God beyond the reasonable control of the OWNER, the Crew, or the CHARTERER (including, but not limited to, strikes, lockouts, or other labor disputes, civil commotion, riots, acts of terrorism, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel, major mechanical or electrical breakdown beyond the Crew's control and not caused by lack of maintenance or OWNER's or Crew's negligence). Changes in crew and shipyard delays not attributed to the aforementioned causes do not constitute force majeure. - OWNER, CHARTERER, BROKER, AND STAKEHOLDER Throughout this Agreement, the terms OWNER, CHARTERER, Broker, and Stakeholder and corresponding pronouns shall be construed to apply whether the OWNER, CHARTERER, Broker, or Stakeholder is male, female, corporate, singular, or plural, as the case may be. CLAUSE 19 SALVAGE During the period of the Charter, the benefits, if any, from all derelicts, salvages and towages shall be shared equally between the OWNER and the CHARTERER, after paying the Crew's proportion, hire for the relevant period, and expenses. CLAUSE 20 PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNERS All funds received by the Broker for this Agreement shall be transferred immediately to the Stakeholder (if the Broker is not the Stakeholder) and held in a designated account in the currency of this Agreement. The Stakeholder shall pay 50% of the Charter Fee to the OWNER by bank transfer on the date of the start of the Charter Period or the next working day, after deducting the full commission. The Stakeholder shall pay the Advance Provisioning Allowance to the Captain or the OWNER for onward transmission to the Captain prior to embarkation. Delivery/redelivery fees and extraordinary expenses shall be paid with the first payment to the OWNER or directly to the Captain. The balance of the Charter Fee shall be paid to the OWNER on the first working day after the end of the Charter Period CLAUSE 21 COMPLAINTS & REFUND POLICY The CHARTERER shall immediately provide notice to the captain, broker, or ship owner of any complaints pertaining to the ship, crew, charter conditions, or any other matter arising from the charter, for resolution onboard, documenting the time, date, and details. Any amendment or reimbursement must be exclusively agreed upon during the term of the charter. In the event that the charter is fulfilled and no agreement for reimbursement has been documented through email or written communication, the CHARTERER shall be deemed to have waived any claim for reimbursement. CLAUSE 22 FORCE MAJEURE When force majeure is invoked in relation to breakdown or disablement, the Owner will instruct the Captain or Owner's representative to submit a detailed technical report, a copy of the vessel's maintenance log, if applicable, and all relevant support in g documentation to the Charterer or Charterer's representative. CLAUSE 23 ARBITRATION Any dispute relating to the interpretation and performance of this Agreement shall be decided by arbitration at the place where the vessel is owned and registered, unless otherwise provided in an official document signed by a person designated by 4yot/Eazyblue LTD, as determined by Clause 29. CLAUSE 24 BROKERS - The commission shall be deemed earned by the Broker and Stakeholder upon signature of this Agreement by the OWNER and CHARTERER and payment of deposit funds by the CHARTERER and shall be payable by the OWNER on the full Charter Fee plus the Delivery/Re-delivery Fee, if applicable, but excluding running expenses, as per Clause 20 of this Agreement, regardless of default or force majeure. In case of Cancellation by the CHARTERER, the commission shall be deducted from the deposit. - If the CHARTERER extends this Charter, the OWNER shall pay commission on the gross Charter Fee for the extension on the same basis as provided in (a). - If the CHARTERER re-charters the Vessel from the OWNER, their Agent or the Stakeholder within two (2) years from completion of this Charter, with or without the same terms, the Broker shall be entitled to and shall be paid by the OWNER commission on the gross Charter Fee for the further Charter on the same basis. However, if the CHARTERER re-charters the Vessel within this two-year period through another Broker, who is being paid commission, the OWNER shall pay commission once only on the first Charter within that period, with one-third (1/3) of the full rate to the original Broker and two-thirds (2/3) to the new Broker - If the CHARTERER and OWNER reach an agreement directly for the purchase of the Vessel within two (2) years from the date of commencement of this Charter, the Broker shall be entitled to and shall be paid by the OWNER a sales commission. However, if the CHARTERER purchases the Vessel from the OWNER through a Sales Broker who is being paid commission, the OWNER shall pay, or ensure that the Sales Broker pays, an amount equivalent to at least fifteen (15%) percent of the gross sales commission. It is the OWNER's responsibility to advise any future Sales Broker of this liability. This only applies following the free choice of the CHARTERER and is not relevant if the change of Broker is suggested or solicited by the OWNER, their agent, Captain, or representative. Any dispute under this clause may be separately arbitrated. - The Broker and Stakeholder in this Agreement shall have no responsibility for any loss, damage, or injury to the person or property of the OWNER or CHARTERER or their Guests, servants, or agents. They shall not be liable for errors of judgement or description or otherwise, of any nature, and shall have no further obligation, duty, or responsibility to the OWNER or CHARTERER, save as set out herein. The OWNER and CHARTERER shall jointly and severally indemnify and hold the Broker and Stakeholder harmless for any loss or damage sustained by them as a result of any liability to a Third Party (person, firm, company, or authority) arising from promoting or introducing this Charter, assisting in the performance of this Agreement, or performing the duty of Stakeholder. - For the purposes of this Clause, the terms OWNER and CHARTERER shall mean the named company or individual, or any company owned or controlled by them, including companies owned indirectly or via Trustees, any Director of such a company, Beneficial Owner, Nominee, Agent, or Charterer's Guest CLAUSE 25 PAYMENT OBLIGATION & PROCEDURE The CHARTERER shall be responsible for paying and settling all expenses, including any additional fuel costs, incurred during the Charter. The CHARTERER waives any claim to reduction or limitation of the payment amount, which is deemed fair and reasonable for the scope of the Charter. Payment will be accepted via debit/credit card in the name of the CHARTERER. In the event of a dispute with the payment processor, the OWNER or 4yot/Eazyblue LTD will notify the CHARTERER in writing, and the CHARTERER must settle the amount within ten (10) working days of receipt of the written notice. If the CHARTERER fails to make payment, they will be deemed delinquent and shall be responsible for paying legal interest and court costs. The OWNER reserves the right to pursue the remaining amount owed through legal means CLAUSE 26 RESPONSIBILITY FOR PAYMENT GUARANTEE & CONSEQUENCES OF INVALID TRANSACTIONS The Charterer shall bear exclusive responsibility for ensuring the validity of any payment made by their guests or on their behalf. In the event that payment is made using a credit/debit card belonging to a passenger not listed on the boarding list or a third party and is found to be fraudulent, invalid, or false, the Charterer shall be solely responsible for repaying the corresponding amount owed, along with any additional costs imposed by law or banking regulations. CLAUSE 27 PENALTY FOR BREACH OF PAYMENT OBLIGATION The Parties hereby agree that the CHARTERER shall be obligated to pay an amount of EUR 5,000 in case of any unjustified, intentional, and untimely dispute regarding payment. In the event of any violation of the provisions of this Agreement by the CHARTERER, the CHARTERER shall immediately incur a penalty of EUR 5,000 per violation, payable to the OWNER or 4yot/Eazyblue LTD. CLAUSE 28 NOTICES Any notice given or required to be given by either party to this agreement shall be communicated in writing and shall be deemed to have been properly given if proven to have been dispatched pre-paid and properly addressed by e-mail or courier service. In the case of the OWNER, it shall be sent to him or the Broker at their addresses as per this agreement, or in the case of the CHARTERER, it shall be sent to his address as per this agreement, or where appropriate, to him on board the Vessel. CLAUSE 29 SIGNATURE AUTHORIZATION The Charterer, by accepting this agreement, permits an authorized partner of Eazybue ltd/4yot to sign any related charter documents on their behalf. CLAUSE 30 PANDEMIC CANCELLATION POLICY A full refund will be given if the cancellation request is made 4 days before the embarkation date. Alternatively, customers can reschedule their holiday by using a voucher for the deposit amount. This policy only applies if the customer is unable to use our services due to government restrictions such as lockdowns, border closures, or other measures that prevent access to our locations. CLAUSE 31 PROOF OF CONTRACT AND BREACH OF AGREEMENT The parties hereby agree that the terms of the Yacht Charter Contract shall take effect upon acceptance by the CHARTERER. Acceptance of the terms by the CHARTERER is evidenced by the receipt generated by the Eazyblue LTD Charter Platform, which indicates the date and time of acceptance. Proof of expenses, costs, and other charges incurred in the performance of this Contract may be established through the relevant invoices. In the event of any disputes or disagreements, all costs and expenses incurred during the Charter period shall be chargeable to the CHARTERER, who shall be obliged to pay from the date of issuance. A violation of this Contract shall be deemed established through written notice or electronic communication (e-mail) sent by 4yot/Eazyblue LTD to the address provided by the CHARTERER on the Eazyblue LTD Charter Platform. The amount for which the CHARTERER is liable to pay shall be established by the receipts in possession of the OWNER, relating to the Charter period. The enforcement of the penalty provisions outlined in Clause 31 shall be evidenced by email. CLAUSE 32 ROUTE MODIFICATION In the event of daily charters involving routes that extend beyond the local limit, and cruising is prohibited by the port authorities due to weather conditions, the charter shall be confined within the local area and the client shall be entitled to a refund equivalent to the variance between the original route and the local route. SPECIAL CONDITIONS - Smoking is not allowed inside the yacht. - Infants and children must be supervised by an adult member of the charter party at all times during the charter. - Crew gratuity is optional and at the discretion of the Charterer. - Personal watercraft use is allowed only with appropriate license and in compliance with local regulations. Any non-compliance liability is the operator's responsibility. - Only rendezvous SCUBA diving is allowed. - The Owner, Captain, or Stakeholder cannot be held responsible for berth allocation, but efforts will be made to secure the chosen ports. - The Charterer is responsible for ensuring that they and their guests have valid visas for all countries visited. - Additional guests at quayside must be approved by the Charterer and Captain, with the number and frequency of events at the Captain's discretion. - TV availability depends on location.