Starting & Ending Time
Terms of Payment
1. The Owner agrees to let on bareboat charter and the Charterer agrees to charter the unattended above mentioned
yacht (hereinafter called “the Yacht”) for the period as stated above and commencing at 17:00 o’clock on the stated
starting day and ending at 18:00’ o’clock on the stated ending day for the sum as stated, of which (Depends on the
boat) are due and payable by the charterer upon the signing of this Agreement
Validity
2. The signature of this Agreement by the Owner and/or his Agents becomes valid and binds the Owner to his obligations
hereinafter mentioned only on condition that the Owner will actually receive the sums of the payments as indicated in
Clause 1 above, in time.
Delivery
3. The Owner agrees:
To fit out the Yacht and to hand her to the Charterer, without crew, afloat, clean, ready for sea, with all the gear and
equipment indicated in the Yacht’s brochure and its inventory list and in proper running and seaworthy condition at
_OLYMPIC MARINA LAVRION _
Insurance
b. To insure the Yacht and her equipment against fire, marine and collision risks and third party damage and against any
and all loss or damage in excess of (depends on the boat) and the Charterer shall therefore be relieved of any and all
liability which is covered by the said Policy, provided that such loss or damage is not caused or contributed to by any
act of gross negligence or willful default on his part. Should the Owner fail or elect not to effect such insurance he shall
assume the same responsibilities as if the Yacht were so insured, but he shall not be under any liability for the loss or
damage to the personal property of or for any injury to the Charterer or any person on board with his permission.
Delayed Delivery
c. To employ every reasonable effort to ensure delivery of the Yacht on the date and at the place mentioned in Clauses
1 and 3(a) hereof, but if for any cause whatsoever the Yacht shall not be available, the Charterer shall have the right of
choice of one of following possibilities:
I. Provided that the following charter commitment of the Yacht allows it and that the Owner agrees, to prolong the
period of charter by the same length of time by which the delivery has been delayed.
II. To leave the date of termination unchanged as in Clause 1 hereof and to be refunded by the Owner with an amount
proportional to the time by which delivery was delayed at the rate corresponding to the total charter fees in Clause 1
hereof.
Excess Delay
III. If the delay of delivery exceeds one-fourth (1/4) of the total charter time, to cancel this Agreement and be refunded
by the Owner with the total amount paid for this charter. 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.
Redelivery (Return) of the Yacht and Delays
4. The Charterer agrees:
a. To redeliver the Yacht to the Owner at OLYMPIC MARINA LAVRION__cleaned-up, together with all her equipment,
in the same good condition as she was at take-over, at the time designated in Clause 1, but, unless the Yacht has become
a total loss, if he shall for any reason fail to deliver the Yacht at the aforesaid date and time, to pay to the Owner
demurrage at the rate of the charter price per day of this Agreement increased by fifty percent (50%), for every day or
fractional part of a day there-after until delivery has been effected. If he leaves the Yacht at any place other than the
place designated in this Clause, to pay to the Owner all expenses involved in transferring the Yacht to the place of
redelivery and pro-rata demurrage as above for the number of days required for this transfer, as well as for any loss or
damage not covered by the insurance policy, which may occur on or to the Yacht until she has been taken over again
by the Owner.
Deposit and Guaranty
Restrictions in the use of the Yacht
b. To leave on deposit and as guaranty with the Owner on taking over the Yacht the amount of (depends on the boat)
_to meet in whole or in part any claim by the Owner in respect of any loss or damage to the Yacht and / or her equipment
not recoverable under the policy of insurance as in Clause 3(b) hereof and for any claim by the Owner in respect of the
provisions of Clause 4(a) above. The aforesaid deposit shall be refunded to the Charterer, subject to the provisions
above, after inspection of the Yacht, her gear and her inventory by the Owner.
Composition of Charterer’s Party and Cruise Limits
c. Not to use the Yacht for racing or for towing other craft, except in an emergency, or generally for any purpose other
than that of private pleasure of the Charterer and his party which should include not less than ONE (1) qualified skipper
and ONE (1) experienced crew members, but not more than _(depends on the boat)_ in all at sea, or to accommodate
aboard any person other than those shown on the Crew passenger manifest nor to take the Yacht or permit her to be
taken outside the area of the Greek seas nor to sublet the Yacht without the written consent of the owner.
Observance of Customs and Diving Laws
d. Not to allow any person on board to commit any act contrary to the custom laws of Greece or of any country or
contrary to the laws pertaining to fishing or under water fishing nor to seek and/or take possession of objects of
archaeological nature or value and that in case any such act is committed this Agreement shall thereupon terminate,
but without prejudice to any rights of the Owner and that the Charterer shall carry alone any resulting responsibilities
and he shall answer alone to the appropriate Authorities.
Agreement for Towing the Yacht
e. To take every possible preventive measure and precaution to avoid to bring the Yacht in any condition in which the
Yacht will need to be towed to any point by another vessel, but should such a necessity arise, in-spite of the Charterer’s
efforts, to negotiate and agree with the captain of the other vessel on the price to be paid, before allowing the Yacht to
be towed.
Restrictions in Leaving Port
f. Not to leave a port or anchorage if the wind force is or is predicted to be over six (6) of the Beaufort Scale or if the
harbor Authorities have imposed a prohibition of sailing or while the Yacht has unprepared damage or any of her vital
parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment, etc. are not
in good working condition or without sufficient reserves of fuel or in general, when weather conditions or the state of
the Yacht or its crew or a combination of them concerning the safety of the Yacht and her crew is doubtful.
Restrictions in the Use of Canvas Restrictions in Navigation
g. When necessary, to promptly reduce canvas and not to allow the Yacht to be found sailing under an amount of canvas
greater than the one insuring comfortable sailing without excessive strains and stresses on the rigging and the sails, not
to sail the Yacht in any area not sufficiently covered by the charts at his disposal or without having previously studied
the charts of the area and other printed aids on board thoroughly, not to sail the Yacht at night without all navigation
lights functioning or without sufficient watch on deck.
Yacht Log
h. To keep the Yacht’s Log Book up to date, noting each day the port of call, the state of the Yacht and its equipment,
any change in the composition of the crew when at sea, regularly, the times positions, weather conditions, sail plan and
hours of engine operation.
Itinerary
i. To plan and to carry out the Yacht’s itinerary in such a manner as to reach the port of call farthest away from the point
at which the Yacht must be returned to the Owner (Turn-Around Point) within the first one third (1/3) of the charter
period and that two days prior to the termination of the charter the Yacht’s port of call shall lie at a distance not greater
than forty (40) N.M. from the point at which the Yacht is to be returned to the Owner.
Reports of Yacht’s Position and State
k. To report by telephone or cable to the Owner at reasonable intervals (every 3 days) the position and state of the
Yacht and of her passengers, as well as in the event of any damage to the Yacht.
Information l. To study and acquire a working knowledge of any printed matter pertaining to the proper handling of the Yacht and to the conditions in the cruising area which may be made available to him by the Owner.
Charterer’s Sailing Qualifications
5. This agreement is entered into on this basis of the Charterer’s competence in sailing, seamanship and navigation
stated by him in writing and in the event of any error, omission or misinterpretation in this respect being subsequently
discovered, the Owner shall be entitled to terminate this Agreement forthwith and to retain the Charter fees.
Test of Sailing Competence of Charterer and his Crew
6. The Owner (or his representatives) may require the Charterer and his crew to demonstrate their competence in
handling and navigating the Yacht safely by actually operating the Yacht at sea with the Owner (or his representative)
aboard and should the Charterer and/or his crew fail to satisfy the Owner in this respect, the Owner may terminate this
Agreement as stated in Clause 5 above or place aboard the Yacht a seaman, if one acceptable by both the Owner and
the Charterer, is available, at the expense of the Charterer, for as many days as the Owner will consider necessary for
the safety of the Yacht and her passengers and any time required for this test of the Charterer’s competence and
seamanship will be part of the agreed Charter period.
Take-Over of the Yacht & Time required for it
7. The delivery of the Yacht to the Charterer will be made at the commencement of the charter period as designated in
Clause 1. The time required to demonstrate the Yacht to the Charterer and to familiarize him with her shall be part of
the agreed charter time. The free use of the Yacht will be granted to the Charterer after he has signed the Take-Over
form.
Acceptance of the Yacht Charterer’s Responsibility during Charter Time
8. Before signing the aforesaid form, the Charterer shall have the right to inspect the Yacht, her gear and her inventory
thoroughly to ascertain that all are available and in good working condition, except as may be noted thereon, but the
signature of the Take-Over form by the Charterer shall be deemed to imply acceptance of the Yacht which thereafter
will be in the Charterer’s full responsibility and the Charterer shall have no right to claim for any loss of time or expense
occasioned by any accident or breakdown or failure of any part of the Yacht.
Running Expenses Repairs of Damages
9. After take-over, expenditures for port-dues, water, fuels, oils and any other stores required, as well as the repair of
any damage or failure that may occur while the Yacht is in the Charterer’s responsibility and which are not the result of
normal and natural wear shall be made by the Charterer at his expense, provided that he previously obtained the
consent of the Owner for the technical suitability of the repair to be made. In the case of repairs of damages or failures
resulting clearly from normal and natural wear, the Charterer shall previously obtain the Owner’s consent with regard
to the cost and technical suitability of these repairs and the Charterer shall collect the pertinent receipts against which
he shall be refunded by the Owner at the end of the charter.
Ascertainment of Damages
10. If any accident or damage is caused by the Yacht, the Charterer shall request from the nearest Port Authority to
ascertain the damage or accident and the circumstances in which it has been caused and to make a written record and
statement about it and he shall notify the Owner at the same time.
Cancellation or Premature Termination
11. In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in Clause 3 (c) (III),
after signing this Agreement, all advance payments made up to the date of cancellation will be retained by the Owner,
and the Owner reserves the right to refund the said deposits only if he succeeds in letting the Yacht to another Charterer
for the same period and under the same conditions. In the event that the Charterer should elect to terminate the charter
and deliver the Yacht prior to the date designated in this Agreement, the Owner shall not be liable to the return of any
proportional part of the hire money.
Total loss of Yacht
12. Should the Yacht become an actual or constructive total loss before or during the charter period, this Agreement
shall be deemed to be at an end and the Charterer shall recover from the Owner all charter money paid in advance to
the Owner only in case the loss has occurred before the charter period, or during the charter period, provided that the
Charterer or his crew were not responsible for the loss.
Special Provisions
13. The special provisions if any, set out in the Schedule hereto are fully accepted and form part of this Agreement.
Agents
14. The Agents of the Owners, act in good faith on behalf of both Owner and Charterer but contract as Agents only and in no way incur any liability for any acts, matters or things done, committed, omitted or suffered by either party, except for the responsibilities provided by the pertinent legislation of Greece.
Arbitration of Disputes
15. In the event of any dispute arising between the parties hereto with respect to this Agreement or anything herein
contained the same shall be referred to two Arbitrators in Greece one to be appointed by each party, whose decision
shall be final or to an Umpire to be appointed by such Arbitrators, if and when they shall disagree, the decision in such
event of the Umpire to be final.
Additional Conditions
(if any)
In case of sanitary restrictions due to corona virus for season 2020 the agency will offer the ability to the charterer to
change the charter date based on availability. The agency has the right to increase price of charter due to different
period pricing.
Terms of Payment First payment: 20 % 7 days after the confirmation. Second payment: 80 % 15 days before the charter.
Bank Details SOUTH SEA SAIL – IBAN: GR61 0172 0600 0050 6008 5890 591 – SWIFT BIC: PIRBGRA
Cancelation Policy
- Expense Cover of 150 euro Cancellations after Booking Confirmation and up to 90 days before Εmbarkation.
- Fee of 30% of the Charter Amount Cancellations between 90 and 60 days prior to Embarkation.
- Fee of 50% of the Charter Amount Cancellations between 60 and 30 days prior to Embarkation.
- Fee of 100% of the Charter Amount Cancellations up to 30 days prior to Embarkation.
Special Cancelation term for season 2020*
In case of virus spread and official announcement of emergency that might result to flight cancelations, quarantine
status and any general sanitary restrictions, either in Greece or in the client’s country of origin
FREE CANCELATION 15 days prior to Embarkation
*overrides other cancelation policies
The charter company:
SOUTH SEA SAIL YACHTING S.A
77km Athens Sounio Avenue – Olympic Marine office A1 03
Base info:
Olympic Marina – Lavrio – Attiki 19500 – Greece
Tel: +30 22920 24181
e-mail: chartering@southseasail.com