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TERMS AND CONDITIONS:  1       Charter and payment 1.1       The Charter Company shall let on The Vessel and the Charterer shall hire the Vessel for the Charter Period for the Charter Fee. 1.2       The Advance Payment is paid by way of a deposit to secure the Vessel for the Charter Period and shall be paid to The Charter Company on the signing of this Agreement.  On payment by the Charterer of the Advance Payment, The Charter Company agrees not to enter into any other agreement for the charter of the Vessel for the same period.  The Balance Payment shall be paid to The Charter Company no later than the date stipulated herein.  The Damage Deposit Waiver Insurance and the Security Deposit shall be paid to The Charter Company before commencement of the Charter Period.  1.3       Boat delivery: The Charter Company will deliver the boat to the Charterer at the stated Port of Delivery under the following conditions:             a- Copies of the Charterer and his Crews’ passports,             b- Full payment of any balance or security deposit due from Charterer,             c- Signature by both parties of the vessel’s inventory and condition.   2      Security Deposit 2.1       The Charter Company may retain and apply the Security Deposit in part or in full to cover any damage to The Vessel or liability of the Charterer to The Charter Company. 2.3       In the case of damage or loss caused by an act of gross negligence, retention of the Security Deposit shall not prejudice the right of The Charter Company to recover any unsatisfied balance of such liability of the Charterer to The Charter Company. 2.4       Subject to the preceding clauses of this section, the Security Deposit or any balance remaining shall be returned to the Charterer within 2 days after the singing of the inventory and control of The Vessel’s condition upon Redelivery, or, in the event of a dispute, upon the determination of such dispute.   3          Skipper’s Responsibility and Rights 3.1       Charter company on behalf of the Charterer shall find a professional Skipper to act under the direction of and on behalf of the Charterer in all matters regarding the management, operation and movement of The Vessel unless the safety of The Vessel, any persons on board or a third party are in jeopardy, in which case the Skipper’s authority overrides that of the Charterer as s/he is under  instructions from the Charter company to prevent or minimize injury and/or damage. 3.2       The skipper will check in/out The Vessel on behalf of the Charterer. 3.3       The skipper will demonstrate to the Charterer and his party the safety equipment and the functionality of The Vessel and its equipment, as well as all actions in case of an emergency. 3.4       The skipper is responsible for the navigation of The Vessel, mooring, anchoring, manoeuvring and for keeping the deck and cockpit of The Vessel clean, in good and fully functional condition. Other tasks such as cleaning, cooking, etc. are not part of the skipper’s obligations. 3.5       The skipper should respond to any Charterer’s request regarding various tourist information and share all knowledge he happens to have (such as interesting anchorages, sights and spots, restaurants, nightlife, attractions, water sports points, etc.) acting partially also as a “guide” or a local “host” at the highest possible degree. 3.6       The skipper is supposed to navigate, sail and enable guests’ enjoyment of The Vessel for approximately maximum 8 hours a day (unless otherwise agreed). The skipper should ensure the safety of the passengers and The Vessel. The skipper will consult the Charterer for the desired sailing schedule and route and will coordinate this considering the safety and pleasure requirements of the passengers. 3.7       If the weather is inclement or the wind blow very strong, it is on the skipper’s judgment (after estimating the skills and capability of the passengers and the prevailing conditions on the next destination point) if The Vessel should depart from the port or not. In all such cases the skipper should explain the situation to the Charterer in detail and they should mutually agree on an alternative plan for the next days. 3.8       The skipper is fully responsible for the mooring of The Vessel, the refilling of water and diesel and fuel for the outboard engine and for arranging the port formalities. The Charterer will pay all these costs, including the clearing and other fees and costs for the skipper. 3.9       The skipper takes the decision according to the weather conditions and forecast if he can spend the night in a port or in a bay on the anchor. 3.10     The skipper will get his food and drinks by the Charterer and a sleeping cabin/berth will be designated to him/her onboard. The Skipper shares a bathroom with the guests (port side hull). 3.11     The skipper is responsible for all the damage that may happen to The Vessel and/or its equipment, during sailing, motoring, anchoring, mooring and manoeuvring, provided that he can easily anticipate the damage and is able avoid it. The Charterer is held liable for other damage that he or the rest of the passengers may cause to The Vessel or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.). 3.12     The Charterer is obliged to respect all safety instructions as announced by the skipper of The Vessel, because according to the marine law worldwide, the skipper is the only responsible person for the people onboard and The Vessel itself. 3.13     The Charterer is considered capable to assist the skipper during sailing/mooring The Vessel. If not the Charterer, one of the passengers should help the skipper -when necessary- by following the instructions and guidance given by the skipper. 3.14     In case the skipper does not provide his services as described above, or if the Charterer has other serious reasons, he has the right to request a change of the skipper by contacting the Charter company and by justifying the reasons of such request. All cost of repatriation of the Skipper and costs of bringing in a new skipper shall be borne by the Charterer.   4          Optional hiring of a hostess 4.1       Upon request from the Charterer, the Charter Company shall find a hostess. 4.2       The hostess will do the provisioning for the cruise prior to the Charter Period according to a menu plan agreed with the Charterer. Funds should be made available by the clients to the Charter Company to facilitate such provisioning. 4.3       The hostess will prepare and serve breakfast, lunch and dinner. H/She will do the daily shopping. The Charterer will pay the cost of the food and drinks. 4.4       The hostess will take care of the cleaning of the vessel daily including saloon, kitchen, toilets, and cockpit. 4.5       The hostess will assist the skipper for manoeuvres when help is needed such as mooring, docking, and during the sailing as required by the skipper. 4.6       The hostess will get her food by the Client and a sleeping cabin/berth will be designated to him/her onboard. 4.6       In case the hostess doesn't provide her services as described above, or if the Client has other serious reasons, he has the right to request a change of the hostess by contacting the Charter company and by justifying the reasons of such request. All cost of repatriation of the Hostess and costs of bringing in a new hostess shall be borne by the Charterer.   5          Charter Company’s Obligations 5.1       The Charter Company shall at the beginning of the Charter Period deliver the Vessel to the Charterer in good and seaworthy condition in compliance with the MCA’s Code of Practice for the Safety of Small Commercial Motor or Sailing Vessels and with the minimum equipment requirements of the Marine Leisure Association (MLA). The Charterer shall inspect the Vessel before the start of the Charter Period in the company of a representative of The Charter Company and sign The Vessel’s inventory and condition. The Charter Company does not warrant the fitness of the Vessel in all conditions of weather for any particular cruise or passage within the Cruising Limits. 5.2       The Charter Company shall at the beginning of the Ch arter Period deliver the vessel with full tanks of fuel and water.  5.3       The Charter Company will use all reasonable endeavours to deliver the Vessel to the Charterer in the aforesaid condition at the agreed time and place but in default, whether as a result of a breach of 5.1 or otherwise, his liability shall be limited to a pro rata return of the Charter Fee for each period of 12 hours for which delivery is delayed. If such delay exceeds 25% of the Charter Period, the Charterer shall be at liberty to treat the Charter as cancelled.  The Charterer waives any and all claims, damage, debts, liability, demands, costs, expenses, suits and/or attorneys’ fees as a result of a delayed or cancelled charter. 5.4       The Charter Company is not liable under clause 5.2 if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, pandemic or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.  If The Charter Company asserts this clause as an excuse for failure to perform his obligation, then he must prove that he took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the Charterer was timely notified of the likelihood or actual occurrence of an event described above. 6          Insurance and Liabilities 6.1       The Vessel and her equipment shall be insured on the terms of the Institute Yacht Clauses or on comparable terms for her full value with third party damage cover of no less than USD 1,000,000 subject to a policy deductible no greater than the Security Deposit. The insurance does not cover the loss of personal belongings. 6.2       The Charterer shall indemnify The Charter Company in respect of any loss or damage to the Vessel or her equipment, or other expense or liability arising out of any act or omission of the Charterer, his servants or agents or any member of his party, which is not for any reason covered by the Vessel’s insurance. 6.3       The Charter Company shall have no liability for death or personal injury suffered by the Charterer, his servants, agents or any member of his party unless caused by The Charter Company’s negligence or wilful default. 6.4       The Charterer shall neither take the Vessel outside the Cruising Limits nor do any other act which may vitiate The Charter Company’s insurance or prejudice The Charter Company’s right to claim thereunder. 6.5       In the event of damage to or failure of the Vessel or any other incident involving a third party, the Charterer shall at the earliest opportunity (and in any case within 12 hours) report such occurrence to The Charter Company and shall comply with any reasonable instructions given.  The Charterer shall not accept a tow or take any other action that could lead to a claim for salvage unless in imminent peril and unless a reasonable fee has been agreed for the action to be taken. 6.6       In the event of major damage to the Vessel during the Charter Period involving a claim on the Vessel’s insurance or in the event of a breakdown of Ancillary Gear and Machinery rendering the Vessel unseaworthy or unusable, either a pro rata credit will be made for the period during which the Vessel was unseaworthy or unusable or (if the Charterer so elects and subsequent charters of The Vessel permit) the Charter Period will be extended by the period of such enforced unfitness, provided that neither the Charterer nor any member of his party caused or contributed to the damage or breakdown and provided also that The Charter Company shall not be liable to the Charterer for any other compensation in respect of damage or breakdown whether in respect of consequential or financial loss or otherwise, save where damage or breakdown is caused by the negligence of The Charter Company and results in death or personal injury.  7          Charterer’s Obligations 7.1       The Charterer will rely on the Skipper’s judgment and restrict the navigation of the Vessel to the Cruising Limits and to those areas within the Cruising Limits in which the Vessel (i) is legally entitled to be navigated and (ii) can be safely navigated by the Crew in the prevailing conditions. 7.2       If the Charterer fails to accept delivery of the Vessel within 24 hours of the start of the Charter Period and has not by then notified The Charter Company of his intention to accept delivery later during the Charter Period, The Charter Company may treat this Agreement as terminated without prejudice to his rights to recover any unpaid portion of the Charter Fee and to recover damages in respect of any other loss caused to The Charter Company through the failure of the Charterer to accept delivery of the Vessel.  7.3       The Charterer will pay all running expenses during the Charter Period including, but not limited to, food, water, fuel, bills of health, harbour and mooring dues, port dues, pilotage, local taxes, and all other provisions for the Charterer and the Charterer’s party. To the extent that on redelivery any consumables have not been restored to their handover levels, the Charterer shall be liable to The Charter Company for the cost thereof. 7.4       The Charterer shall not sub-charter or part with control of the Vessel without the prior written consent of The Charter Company. 7.5       The Charterer shall take care of and assume full responsibility for the safety and maintenance of the Vessel and its equipment at all times during the Charter Period including when unattended.  When the Charterer leaves the Vessel unattended, the Charterer shall remain fully responsible therefor and should take all reasonable precautions as directed by the Skipper to secure the Vessel and the equipment and gear on board. 7.6       Where loss or damage is caused to the Vessel, the Charterer shall use his best endeavours to obtain the prior approval of The Charter Company before putting any repairs in hand and will in any event obtain a written estimate for any work likely to cost more than £100.00. 7.7       The Charterer shall follow the guidance of the Skipper to not allow the Vessel to dry out or be stranded and shall ensure that the Vessel is moored only at a secure and well-maintained mooring point.  The Charterer shall not anchor the Vessel in a place where anchoring is restricted or that is not suitable for anchoring such a vessel. 7.8       The Charterer shall neither use the Vessel for any purpose other than private pleasure cruising for himself, his crew and his guests, nor race the Vessel. He will not tow any dinghy but will lash it on the davits of the Vessel. 7.9       The Charterer shall limit the number of persons in his party to not more than six guests (excluding the skipper) plus one child under the age of 6 on the Vessel. 7.10     The Charterer shall observe all applicable rules, regulations and laws whether of customs, harbour or other authorities or otherwise.  7.11     The Charterer shall not allow any animals on board the Vessel.  7.12     The Charterer shall not allow any third parties on board nor undertake any act that could lead to seizure, arrest or distraint. 7.13     The Charterer shall redeliver the Vessel to The Charter Company at the end of the Charter Period, at the Port of Redelivery or at such other place as may be agreed between the parties, free of indebtedness, in as good, clean and tidy condition as on delivery  (fair wear and tear excepted) and with her inventory complete. If the Charterer fails so to redeliver the Vessel, he shall be liable for twice the pro rata Charter Fee for every day or part thereof by which redelivery is delayed, unless such delay is caused by the operation of an insured peril or circumstances beyond the Charterer’s reasonable control defined in clause 5.4 of this agreement.  Due to the availability of weather forecasts, abandonment of the Vessel away from the Port of Redelivery due to bad weather does not constitute a circumstance beyond the Charterer’s reasonable control. 7.14     The Charterer’s obligations under this Agreement shall continue until redelivery. 8      Agreement’s Cancellation 8.1       If the Charterer cancels the agreement more than 90 days before the start of the Charter Period, the Charterer is entitled to a full refund of his/her advance payment and another other payment or deposit paid. 8.2       If the Charterer cancels the agreement between 90 to 45 days before the start of the Charter Period, the Charterer will lose his/her 30% advance payment. Any another other payment or deposit paid will be refunded. 8.3       If the Charterer cancels the agreement from the 45th days before the start of the Charter Period, the Charterer will lose the entire charter fees paid minus the skipper fee of USD 150/day unless the cancellation occurs within seven days of the Charter Period. Any other payment or deposit paid will be refunded. 8.4       Notwithstanding the above, the charterer should receive a full refund if the trip is cancelled due to circumstances described in clause 5.4 of this agreement or a partial refund if the trip is shortened under the same circumstances. 8. 5      If prior to the commencement of the Charter Period, The Charter Company gives notice to the Charterer of cancellation, the Charterer shall be entitled to repayment without interest of all sums paid by him to The Charter Company. 8.6       If the Charterer fails to comply with any provision of the agreement, The Charter Company may forthwith terminate the Agreement and resume possession of the Vessel, but without prejudice to the right of The Charter Company to recover damages in respect of any breach of the Agreement by the Charterer.  9          General 9.1       Save as otherwise provided in the terms of business of The Charter Company, and subject to the statutory rights of the Charterer, the provisions of the Agreement shall exhaustively and exclusively govern the rights and obligations of the parties. 9.2       This Agreement is subject to the laws of Grenada. Disputes arising out of or in relation to this agreement between the parties shall be settled by mutual negotiation for a period of 30 days to find an amicable and mutually agreeable solution. Any dispute so not resolved shall be referred to the Eastern Caribbean Supreme Court Connected Mediation Programme for formal mediation discussion. Save as aforesaid, any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of Grenada. 9.3       If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.