Beneteau 413 Yacht Charter in Saint Lucia Rodney Bay Marina

General Terms and Conditions for Bareboat Yacht Charter This is an Agreement, made by the Agent/Charter company, between Owner and Charterer for the charter of the described Yacht. Cancellation 2.1. The Charter booking is binding for both Parties, the Charterer and the Charter Company, at the time and date it is made. Cancellations made 8 month prior the start date, the deposit will be refunded. A 10% rebooking fee will be deducted. If the Charterer cancels the booking at any time up to 3 months before the start date of the Charter, the Charter Company shall be entitled to retain 30% of the Charter fees or equal the amount of the down payment. 2.2. If the Charterer cancels the Charter within 3 months of the start date for any reason, the Charter Company is entitled to retain the entire Charter fee. If the vessel can be chartered to another Charterer during the same period the retained charter fee will be refunded minus a rebooking fee of 10%. Refundable Insurance Deposit 3.1 This Security Deposit Payment is made at the base at the handover of the Yacht. 3.2 The deposit will be applied to the repair of damages or loss of equipment, which occurred during the charter period. When signing the inventory list at check in, the charterer accepts liability to cover the costs of damages and or losses that occur during his charter of the yacht, regardless of whether those have occurred in his presence or absence due to his own actions or those of a third party. 3.3 If it is not possible to determine the amount of damages, the Charter Company has the right to retain the full amount of the deposit until the amount of damage amount has been determined. In case of accidents involving other vessels, the Charter Company has the right to retain the full amount of the deposit until the liability of either party involved in the accident has been established. 3.4 If the yacht is returned without damages and losses, the security deposit will be returned with no deductions. The full return of the Yacht is established when it is back at the base. In the case of one way charters the deposit will released after the Yacht is back at the base. 3.5 All Charters including skippered charters are required to pay a security deposit. The full refund of the Deposit does not lift liability of the Charterer in case damages or losses, occurred during the charter period, have been found within 90 days after the return of the yacht. 4. Delivery Check In The Charterer/Skipper must have sufficient knowledge and expertise to operate the yacht competently and in accordance with accepted standards of good seamanship. The Charterer/Skipper shall provide the Charter Company with copies of any certifications held or a sailing resume acceptable to the Charter Company. The Charterer agrees to be responsible for the care of the yacht for the whole Charter period and to be responsible for any loss or damage caused to the yacht or its equipment regardless of whether it was caused by him or her or by a member of his or her crew. If at any time before or during the Charter period, the Charter Company concludes that the Charterer/Skipper is not competent to operate the yacht, the Charter Company, in its sole discretion, is entitled to terminate the charter or to require the Charterer to use the services of a Skipper to be provided by the Charter Company at the Charterer’s expense. No charter fees will be remitted to the Charterer if the duration of a Charter is shortened due to issues of competence. 5. Delayed Delivery If the Charter Company is unable to deliver the yacht at the agreed time, the Charter Company may provide the Charterer with an equivalent vessel or reimburse the Charterer a proportionate amount of the charter fee should the delay exceed 24 hours. The charterer may choose the option to extend his charter by the time lost due to the delay, providing the Yacht is vacant. If the Charter Company cannot hand over the vessel within 48 hours of the scheduled start of the Charter period, the Charterer may cancel the agreement and receive a full refund of the Charter fees. The Charter Company will not accept any further liability in respect of the delay or cancellation of a Charter in such circumstances. In any of the events mentioned in this Clause, neither party shall be liable to pay to the other any other compensation for any loss or damage resulting from the curtailment or the cancellation of this Agreement. 6. Return (check out) 6.1 The Charterer agrees to return the yacht to the Charter Company at least 2 hours prior to the Charter completion time, with full fuel tanks, the complete inventory as per the checklist and in an orderly condition. The equipment shall be at the place found during Check In. Should the yacht be returned in an excessively dirty or disorderly condition, the Charter Company will charge the Charterer an additional cleaning fee of US$50. The Charterer or skipper is obliged to have cleared Customs and Immigration when returning to St. Lucia and present the necessary documents or copies and the check out. 6.2 If the yacht is returned to the Charter Company after the time specified for the completion of the Charter, the Charterer will be charged a penalty equivalent to double the agreed daily fee per day for the Charter as well as any losses sustained by the Charter Company as a result of delay in readying the vessel for its next Charter, subject to any subsequent adjustment in respect of insurance claims. If a late return to the base is unavoidable, the base manager must be informed in order to give further instructions. The charterer bears all the costs that result from the delay, even if it's caused by bad weather. Therefore, careful route planning is recommended and the charterer is advised to return to base well advanced in time. 7. Insurance 7.1 The charter fee includes third party liability insurance coverage for injury to third parties and third party vessels as well as coverage for damage to the chartered yacht and its equipment under certain conditions, up to defined monetary limits. Details of coverage are available on request. Damages to the sails are not covered by insurance and the charterer bears the costs of these. The same applies to the damages to the engine caused by the lack of oil or other fluids. The charterer is obliged to check the engine fluids before each use. 7.2 The Charterer is strongly advised to purchase additional Charter liability insurance at his/her expense. The owner shall not be held responsible for loss or damage to personal property or for any injury suffered by the Charterer, or any member of his party, during the term of this charter, regardless of whether any such loss or injury occurs on board the yacht or elsewhere, unless such loss damage or injury is the direct and proximate result of Owner’s sole gross negligence. 8. Charter Company Obligations 8.1 The Charter Company agrees to hand over the vessel to the Charterer in good working condition, with the full inventory specified in the vessel checklist, with full fuel and water tanks, with charts corrected up to 2015 or later. The Charter Company does not accept liability for any losses arising from failure to be aware of any subsequent corrections. It is the sole responsibility of the Charterer to familiarize himself or herself with the charts and/or chart plotter and to inform himself or herself of the sailing conditions, rules of navigation and navigational hazards in the Charter area. 8.2 The Charter Company will provide the Charterer with a boat briefing. The Charterer will attend the boat briefing and check that the yacht is equipped as per the checklist and sign off on the checklist as part of the hand over protocol. 9. Lost Sailing Time If the Yacht is out of commission for more than 12 hours of “sailing time” during the charter, the Company agrees to credit compensation in the form of credits against future charters or cash refunds for lost “sailing time”, provided the Charterer notifies the Company in a timely fashion of the problem encountered with the Yacht and gives the Company the opportunity to make the necessary repairs. The Company shall not be liable for any lost sailing time, chase boat expenses or labour charges if the problems are caused by operator error or carelessness on behalf of the Charterer his crew or third party. Nor shall the company be held responsible for supplying a replacement vessel in the event that the vessel is disabled due to damage caused by carelessness or negligence on behalf of the Charterer or his crew. Blocked heads due to any other blockage other than mechanical failure of parts is at the Charterer’s expense (from $120.00 charge), plus chase boat services if applicable. In the event of refrigeration breakdown, the Company must be notified immediately and will cover the costs of block and chip ice, (for which receipts are presented) to stop food spoilage, until the refrigeration can be repaired, or until the end of the charter, if a timely repair cannot be carried out but will not be held responsible for any loss of food. 10. Definition of Lost sailing time The breakdown of the following units/items does not impact the ability to sail the yacht and therefore does not constitute „lost sailing time“: Air-conditions, generators, inverters, marine toilets, dinghy and outboard, windlass, entertainment systems, Navigation instruments and electronics like autopilot, chart plotter, Speed log and depth sounder, refrigeration, cellular phones, Wi-Fi, water pump, and VHF radio. 11. Maximum Compensation In the unlikely event of failure of air-conditions or generator over the entire charter period, the max compensation is limited to: Air condition: 4% of the charter rate Generator: 5% of the charter rate Refrigeration: costs for reasonable (maximum 3 standard bags a day) ice purchases will be refunded based on invoices presented. Water maker – costs of reasonable ( two times the yacht tank’s capacity per week) water purchase will be refunded based on invoices presented. 12. Restricted Use The Charterer agrees as follows: 12.1 Not to use the yacht in a race; 12.2 To always use the engine when entering or leaving a harbour; 12.3 Not to tow another vessel or grant permission for the Charter vessel to be towed except in a situation of distress; 12.4 To fulfil all formalities concerning customs and immigration; 12.5 To obey all local yachting regulations and customs, including proper flag etiquette; 12.6 To have regard to weather forecasts, particularly during hurricane season; 12.7 To inform the Charter Company promptly if it is thought that weather conditions may delay the safe return of the yacht by the time specified for Charter completion; 12.8 To immediately report any grounding of the yacht, including grounding of the keel or rudder, and to arrange for prompt in-water or out-of-water inspection of the vessel below the waterline in case of suspected damage resulting from such grounding; 12.9 To respect that the auxiliary engine of a sailing vessel is not to be used as the sole means of propulsion; 12.10 To advise the Charter company of his or her proposed itinerary or route if requested. 13. Damages The Charterer shall inform the Charter Company immediately in respect of any damage to the yacht and / or its equipment and to seek the advice of the Charter Company as to what steps should be taken. Assistance may be requested in the case of immediate danger to the vessel or its crew. If it is necessary to accept a tow, the Charterer agrees to use the Charter vessel’s lines for towing purposes. The Charterer shall obtain receipts for any repairs or replacements purchased. The Charterer agrees to file a police report and to obtain a copy of it in the case of theft or burglary or accident or injury. The charterer agrees to cooperate with the completion and filing of any reports required for insurance purposes, regardless of fault, in respect of loss or damage to the yacht during the Charter period. The Charterer agrees to provide the Charter Company with a list of any defects found on the vessel, the loss of any equipment and any events which could cause damage to the vessel such as groundings, fouling of the propeller and bow thruster at the conclusion of the Charter period if not before. The Charterer will be liable to the Charter Company for any losses not properly reported regardless of fault. 14. Total Loss of Yacht Should the yacht become an actual or constructive total loss during the charter period, this Agreement shall be deemed to be at an end. Unless the Charterer or his crew is in any way responsible for the loss, a pro-rated amount will be refunded. The exception is in the case of Acts of God and general causes of force majeure, in which case no compensation will be issued. 15. Drugs or other Illegal Activities The use, transportation, or possession of illegal drugs or narcotics (INCLUDING MARIJUANA) or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination of this Agreement without refund of any payments made by the CHARTERER. CHARTERER will be held responsible for any loss or damage to the yacht due to any such violations and will be put ashore at the next port of call. 16. Limitation of Liability The Charterer shall indemnify and hold harmless the Charter Company and the vessel owner in respect of any claims for death or injury arising from engaging in water sports or other activities from or aboard the yacht, including death or injury of his or her crew / passengers and claims arising from the death or injury of third parties not on the vessel where such injury is caused by the negligence of the Charterer or his or her crew / passengers in the use or operation of the vessel. More specifically but without limiting the foregoing, the Owner and his insurance underwriters accept no responsibility or liability for accidents, injuries or death related to the yachts dinghy, swimming and or the use of snorkels, masks, or allied equipment (such as scuba equipment), water skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying, or other sports equipment, whether or not supplied by the Owner or Charterer. The Charter Company and the vessel Owner shall not be liable to the Charterer or his or her crew / passengers for any loss or damage except in the case of gross negligence or willfully malicious actions. 17. Non-Asignment The Charterer agrees not to assign this agreement or sub charter the yacht without the Charter Company’s consent in writing. 18. Applicable Law This contract is governed by the Laws of Saint Lucia with the courts in Saint Lucia having jurisdiction over any disputes related to this agreement. 19. Dispute Resolution Should The charter company and the Charterer be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the Charterer and the Owner, with the cost thereof divided equally between parties. 20. The terms and provisions of this Charter agreement are severable and the invalidity or unenforceable of any part of same shall not affect the validity of the remainder of the agreement. This agreement and General Conditions of Boat charter, must be sign before boarding. The Charterer Print name: Signature: Date: The Skipper Print name: Signature: Date: The Charter company Print name: Signature: Date: