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 Security deposit, the Advance Provisioning Allowance and any other agreed charges, in cleared funds, on or before the dates and to the Account specified in this Agreement.


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 life-saving equipment (including lifejackets for children if any are carried in the Charterer’s party), as required by the Yacht’s registration authority and fitted out as appropriate for a Yacht of her size and type 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.


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 a condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishes, redeliver 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.


The CHARTERER shall restrict the cruising of the Yacht to within the Cruising Area and to within regions in the Cruising Area in which the Yacht is legally permitted to cruise. 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.



a) The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on Board plus, at the sole discretion of the Captain, a reasonable number of visitors whilst the Yacht is securely moored in port.

b) If children are taken on board, the CHARTERER shall be fully responsible for their conduct and entertainment and no member of the crew shall be held responsible for their conduct or entertainment.

c) 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.


The OWNER shall provide a suitably qualified Captain acceptable to the insurers of the Yacht and a suitably experienced Crew, properly uniformed, fed and insured. The OWNER shall ensure that no member of the Crew shall carry or use any illegal drugs on board the Yacht or keep any firearms on board (other than those declared on the manifest) and 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 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, in the reasonable opinion of the Captain, cause a breach of clause 13 and/or any other clause of this Agreement. 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 of clause 13 and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect of the same, the Captain shall inform the OWNER 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 beforehand and the CHARTERER shall not be entitled to be refunded any of the Charter Fee. With particular regard to the use of watersports equipment, as defined in Clause 16, the Captain shall have the authority to exclude 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, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.


The CHARTERER shall be responsible for the operating costs, as specifically defined under “CONDITIONS” on Page One of this Agreement, for the entire Charter Period for himself and his Guests. 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 the Captain in cash, the balance of the expenses, or the Captain shall repay to the CHARTERER, in cash, any balance overpaid, as the case may be. 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. Payment by cheque, credit card or other negotiable instrument is not normally acceptable due to the itinerant nature of the Yacht’s seasonable schedule and the CHARTERER should therefore ensure that he is carrying sufficient cash to cover all reasonably foreseeable expenses or to arrange to deposit additional funds with the Broker.


a) If, by reason of force majeure (as defined in Clause 18 (a)), the OWNER fails to deliver the Yacht to the CHARTERER at the Port of Delivery at the commencement of the Charter Period and delivery is made within forty-eight (48) hours of the scheduled commencement date, or within one tenth (1/10th) of the Charter period, whichever period is the shorter, the OWNER shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed the OWNER shall allow a pro rata extension of the Charter Period.


b) If by reason of force majeure the OWNER fails to deliver the Yacht within fortyeight (48) hours or a period equivalent to one-tenth (1/10th) of the Charter Period, whichever period is the 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 Stakeholder. Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay.

c) If the OWNER fails to deliver the Yacht at the Port of Delivery at the commencement of the Charter Period, 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 Stakeholder


d) If prior to the commencement of the Charter Period as set out on page 1 of this Agreement, the OWNER tenders notice of cancellation via the Broker and if the cancellation is by reason of force Majeure, the remedy in (b) above will apply. If the cancellation is for any other reason, then the remedy in (c) above will apply.

e) The broker’s commission is deemed earned on the signing of this Contract and the OWNER shall pay the whole of the Commission forthwith if the charter is delayed, the vessel is not delivered or the Charter is cancelled in accordance with provisions Clause 9 (a) to (d) above.


a) If the Re-Delivery of the Yacht is delayed by reasons 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.

b) 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 by direct telegraphic transfer via the Broker/Stakeholder’s Account demurrage at the daily rate plus forty percent (40{93c06b3684f3903fbb3453e7edbc76ce7dc5af2750815dcaa511647793a38c6f}) 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.


a) Should the CHARTERER give notice of cancellation of this Agreement on or at any time before commencement of the Charter Period, the CHARTERER shall remain liable for all payments due prior to and unpaid at the date of cancellation. Should notice of cancellation be given by the CHARTERER or should the CHARTERER fail after having been given notice to pay any amount payable under this Agreement, the OWNER shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments made by the CHARTERER.


b) Without prejudice to the OWNER’S remedies in (a) above, if the OWNER is able to re-let the Yacht to another CHARTERER for all or part of the Charter Period then the OWNER or the Broker/Stakeholder 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 OWNER 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 had been fulfilled. The OWNER shall use his best endeavours 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.


c) If, after signature of this Agreement, the OWNER suffers financial failure, the CHARTERER reserves the right to cancel the Charter, whereupon the OWNER shall immediately release the CHARTERER from his obligations under this Agreement and all monies shall be refunded without deduction. The OWNER shall remain liable to pay to the Broker the commission which would have been earned had it not been for the OWNER’S financial failure.

In this context, ‘financial failure’ shall include but not be limited to bankruptcy, liquidation, receivership, voluntary arrangements with Creditors, or similar arrangements or interventions (be they judicial or non-judicial) made as a result of the OWNER’S becoming insolvent.


If at any time the vessel shall be disabled by breakdown of machinery, or other cause during the charter, so as to prevent reasonable use by the charterer for a period of between 12 hours (Category A) and 48 hours (Category B), or one tenth of the charter period, whichever is shorter, and the disablement has not been brought about by any act or default of the charterer. The Owner shall make a pro rata refund of the charter fee for the period of the disablement according to the categories explained below, or if mutually agreed, allow a pro rata extension of the charter period corresponding to the period of disablement.

1. Categories Explained

Cat A – The systems/equipment that are impossible to run the vessel without

Cat B – The systems/equipment that are important, but not going to stop the operation of the vessel

Cat C – All the other systems/equipment For a complete list of systems/equipment and inventory – refer to Annexe 1

2. Compensations to Categories

Cat A – Compensation FULL PRO-RATA

Cat B – Compensation HALF PRO-RATA

Cat C – No Compensation for this group

b) 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-tenth (1/10th) 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 communication 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 rata 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 affect Re-Delivery by giving up possession of the Yacht where she lies. The CHARTERER shall be intitled 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 reasonably necessary for this purpose.


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 animals are brought on board the Yacht without the consent in writing of the OWNER. The CHARTERER shall ensure that the behaviour of himself and his Guests shall not cause a nuisance to any person or bring the Yacht into disrepute. 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.

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. The Captain shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behaviour 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.

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.

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.


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.


a) The OWNER agrees not to sell the Yacht during the Charter Period as set out on Page One of this Agreement.

b) 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 via the Broker. This information shall be kept in strict confidence by all parties to the Agreement. Should the vessel be sold one of the following provisions will apply:

i) The OWNER shall arrange for the buyer to take over the Charter Agreement and perform the Charter on the same terms and conditions, either by assignment of the original Charter or by way of a new Charter Agreement between the CHARTERER and the buyer and written cancellation without penalty of the original 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 fulfil the Charter agreement, the OWNER hereby appoints the Broker to procure the Charter of a replacement yacht of similar or superior standard and condition for the Charter period. If a suitable replacement vessel is found a new Charter Agreement shall be prepared and this original Agreement cancelled. The OWNER shall pay the Broker’s commission on the original Charter and the broker may retain any commission due on the replacement yacht.

iii) Should the OWNER be unable to obtain a similar or superior Yacht for the use of the CHARTERER on the same terms as this original Agreement or should the CHARTERER reject the proposed replacement (the CHARTERER shall not unreasonably reject a substitute yacht of same or superior standard) then this Charter Agreement shall be considered as having been cancelled by the OWNER in accordance with Clause 9. All payments made by the Charterer shall be promptly repaid in full to him without deduction, and in addition liquidated damages calculated in accordance with Clause 9 (e), i, ii, iii or iv as appropriated shall be paid. The Broker shall be paid by the OWNER the full commission due on this original Agreement.


a) The OWNER shall insure the Yacht with first-class insurers against all customary risks for a Yacht of her size and type on Institute Yacht Clauses 1.11.85 or other recognised terms extended to provide Permission to Charter and to cover Third Party liability, Water Skiers liabilities together with liabilities arising from the use by the CHARTERER and other competent person(s) authorised by him of jetskis, surfjets, waveriders and other similar powered craft as well as windsurfers, dinghies, catamarans or other water-sports equipment carried by the Yacht. The insurance shall also cover War and Strikes and include insurance of Crew against injuries and/or Third Party liabilities incurred during the course of their employment. The CHARTERER shall be entitled to the benefit of the OWNER’s insurances.

b) All such insurance 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 all relevant insurance documentation shall be available for inspection by the CHARTERER prior to the Charter on reasonable notice to the OWNER, and shall be carried on board the Yacht.

c) Under normal circumstances the CHARTERER shall only be liable for such costs or losses as may be incurred 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.

d) 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 void, or limit, the cover under the OWNER’S insurance.

e) CHARTERER’s liability insurance is not included in this Agreement but is available.

f) 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.

g) Cancellation and Curtailment insurance is not included in this Agreement but is available.


Unless otherwise provided on page One of this Agreement, the Security Deposit shall be held by the Stakeholder in his Stakeholder’s Account on the OWNER’S behalf and may be used in, or towards, discharging any liability that the CHARTERER may incur under any of the provisions of this Agreement, but to the extent that it is not so used, the Security Deposit shall, within one week of the end of the Charter Period, or the settlement of all outstanding questions, whichever is the later, be refunded to the CHARTERER without interest.



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 labour disputes, civil commotion, riots, blockade, invasions, 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 the OWNER’S negligence). Crew changes do not constitute force majeure. Force majeure does not excuse the OWNER from payment of commissions.


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.


During the period of the Charter, the benefits, if any, from all derelicts, salvages and towages, after paying the crew’s proportion, hire for the relevant period and expenses, shall be shared equally between the OWNER and the CHARTERER.


The earliest start time is 09:30, the check in and briefing time has no time limit and may not be cut short for safety reasons. The latest check out time is 18:00, by this time the vessel must be returned to her mooring, fully fuelled and moored safely. It is the responsibility of the Charterer to re-fuel the vessel and the end of the charter period.


This agreement and all amendments, modifications, alterations or supplements hereto. The rights of the parties hereunder, and the validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of Spain, specifically by the order of the Ministry of Transport, Tourism and Communications, December 4th 1985, number 1542 and following articles of the Civil Code, the resolution number 2389 of January 1998 and the General Law for the protection of consumers and users, dated July 19th 1984 and any other rules governing pleasure craft or maritime navigation. The charterer is in agreement that the contract is in English and is fully aware of the contents.


The Brokers shall sign this agreement for the purpose of this Clause only. By their signatures to this Agreement the OWNER and the CHARTERER both confirm and agree to the following:

a) The Brokers’ 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 full Charter Fee plus the Delivery Fee, if applicable, but excluding running expenses, according to Clause 22 below, whether or not he defaults for any reason including force majeure. In the event of Cancellation or Curtailment by the CHARTERER, the commission shall be deducted as an expense from the deposit.

b) If the CHARTERER should extend this Charter, the Brokers shall be entitled to and shall be paid by the OWNER, commission on the gross Charter Fee for the extension, on the same basis as provided herein.

c) If the CHARTERER should re-charter the Yacht from the OWNER, his Agent or his representative, within two (2) years from the date of completion of this Charter, whether or not on the same terms, then the Broker 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.

d) The Brokers in this Agreement shall have no responsibility for any loss, damage or injury to the person or property of the OWNER or CHARTERER or any of their Guests, servants or agents, and further the Brokers shall be under no liability for any errors of judgement or description or otherwise of whatsoever nature and howsoever arising and shall be under no further obligation, duty or responsibility to the OWNER or CHARTERER save as set out herein. The OWNER and the CHARTERER shall jointly and severally indemnify and hold harmless the Brokers for any loss or damage sustained by them as a result of any liability by the Brokers to any Third Party (person, firm, company or authority) arising from promoting or introducing this Charter, assisting in the performance of this Agreement or performing their duties as Stakeholders.

e) For the purposes of this Clause, the terms OWNER and CHARTERER shall be understood to 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.



All funds received by the Broker(s) against this Agreement shall be transferred immediately upon receipt to the Stakeholder (if the first Broker is not the Stakeholder) and then held by the Stakeholder on a designated Account in the currency of this Agreement.

The Charter Fee and Delivery and/or Re-Delivery Fees (if applicable) shall be paid to the OWNER by the Stakeholder, after deduction of the full commission by Bank Transfer at the end of the Charter Period or on the first working day thereafter. The Advance Provisioning Allowance (APA) together with any Delivery or Re-Delivery costs shall also be paid by the Stakeholder, by bank transfer, just prior to embarkation although payment may be made somewhat earlier, depending upon the schedule of the yacht and local banking arrangements. Payment of the A.P.A. and Delivery and Re-Delivery costs shall be to the Captain or the OWNER for onward transmission to the Captain.


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. If, however, this complaint cannot be resolved on board the Yacht, then the 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 (by fax, telex or mail) specifying the precise nature of the complaint.


Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by mail or bona fide courier service or by fax or telex, in the case of the OWNER, to him or to the Broker at their addresses as per this Agreement or, in the case of the CHARTERER, to his address as per this Agreement or, where appropriate, to him on board the Yacht.

All clauses 1-25 form part of the Yacht Charter Agreement set out on page 1 “The Booking Form”

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