MEMORANDUM OF AGREEMENT
FOR
SELF - SAIL CHARTER
Approved by the Hellenic Ministry of Merchant Marine
(Appr. No 831/76)
MEMORANDUM OF AGREEMENT
made this day of 19....
By And Between
of
(hereinafter referred to as "the Owner")
AND
of
(hereinafter referred to as "the Charterer")
WHEREBY IT IS AGREED as follows:
Term, hire and payments
1. THE
Owner agrees to let on bare-boat charter and the Charterer agrees to charter the
unattended yacht .......................(hereinafter called "the
Yacht") for the period commencing at ............................o'clock or
thereabout on the ..........day of .....................19..... and ending at
............o'clock on the ..........................day of
....................19..... for the sum of . ...............of which
................................are due and payable by the Charterer
.....................................to upon the signing of this Agreement. The
balance of ..........................is due and payable in the following manner:
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.
3. The
Owner agrees:
Delivery a. To
fit out the Yacht and to hand her to the Charterer, without crew, 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
To insure b.
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 and the Charterer shall therefore be relieved of any and all
liability which is covered by the said Policy, provided that Insurance 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 c. To
employ every reasonable effort to ensure delivery of the Yacht on the date and
at the place
Delivery 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.
III.
If the delay of delivery exceeds one fourth (1/4)
of the total charter time, to cancel this Excess Delay Agreement and be refunded
by the Owner with the total amount paid for this charter. In ay 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.
4. The
Charterer agrees:
Redelivery a. To
redeliver the Yacht to the Owner at (Return) of the cleaned-up, together with
all her equipment, in the same good condition as she was at take-over, at Yacht
and the time designated in Clause 1, but unless the yacht has become a total
loss, if he shall for any Delays 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 thereafter 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 b. To
leave on deposit and as guarantee with the Owner on taking over the Yacht the
amount of Guarantee 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
Restrictions above. The aforesaid deposit shall be
refunded to the Charterer, subject o the provisions above, in the use of after
inspection of the Yacht, her gear and her inventory by the Owner.
The Yacht
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 qualified skipper and experienced crew
members, but not more than in all at sea, or to accommodate aboard any person
other than those Composition of shown on the crew/passenger manifest nor to take
the Yacht or permit her to be taken outside the Charterer's area of the Greek
seas nor to sublet the Yacht without the written consent of the owner.
Party and Cruise Limits
d. Not
to allow any person on board to commit any act contrary to the customs laws of
Greece or of Observance of any country or contrary to the laws pertaining to
fishing or underwater fishing nor to seek and/or Customs and take possession of
objects of archaeological nature or value and that in case any such act is
Diving Laws 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 e. To
take every possible preventive measure and precaution to avoid to bring the
Yacht in any Towing the condition in which the Yacht will need to be towed to
any point by another vessel, but should such Yacht 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 f. Not
to leave a port or anchorage if the wind force is or is predicted to be over six
(6) of Beaufort Scale or if the harbor Authorities have imposed a prohibition of
sailing or while the yacht has not repaired 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 g. When
necessary , to promptly reduce canvas and not to allow the yacht to be found
sailing Use of Canvas 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 this disposal or without having previously studied the charts of the
area
Restrictions in and other printed aids on board thoroughly, not to sail
the Yacht at night without all navigation lights
Navigation
functioning or without sufficient watch on deck.
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 j.
To report by telephone or cable to the Owner at
reasonable intervals the position and state of the Yacht's Position yacht and of
her passengers, as well as in the event of any damage to the Yacht.
k. 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.
IT IS HEREBY FURTHER AGREED by and between the
parties hereto:
Charterer's 5. This
agreement is entered into on the basis of the Charterer's competence in sailing,
seaman ship 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 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 his Crew 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 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 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 9. After
take-over, expenditures for port-dues, water, fuels, oils and any other stores
required, as
Expenses 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.
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 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 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 fees 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 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 Messrs. 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 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.
SPECIAL PROVISIONS
Additional Conditions
(if any)
IN WITNESS whereof this Agreement has been signed by
the Owner and the Charterer respectively.
SIGNED by the OWNER
SIGNED by the CHARTERER SIGNED
by the AGENTS
|
