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Recreational Bareboat Charter Agreement - Page 1 of 7 RECREATIONAL BAREBOAT CHARTER AGREEMENT - PAGE 1 OF 7 NAME OF VESSEL (“Vessel”): Length: Type: Port of Registry or U.S. Official Number: Flag: Insurance Limits for Vessel Hull: Protection & Indemnity: Deductible: This Charter Agreement (“Agreement”) is dated __________________________ and placed _________________________________________ between the Undersigned Parties and it has been agreed as follows: OWNER: ADDRESS: CHARTERER: ADDRESS: BROKER: ADDRESS: BROKER(Escrow Agent): ADDRESS: CHARTER PARTICULARS ____________________________________________________________________________________________ CHARTER PERIOD: From To PLACE OF DELIVERY: PLACE OF RE-DELIVERY: Cruising Area: Maximum Number of Overnight Guests Sleeping ( ) and Cruising ( ) on Board Crew Consisting of: CHARTER HIRE FEE: Plus: Delivery/Re-delivery Fees: Additional Payments: Security Deposit (see Clauses 16 and 17): To be paid as follows: FIRST INSTALLMENT: SECOND INSTALLMENT: To the following Broker's Clients’ Account and it shall only be deemed paid only when cleared. In addition to the Charter Hire Fee and at cost, the CHARTERER shall pay: 1) all fuel costs for the Vessel, its tenders and all watersports equipment, 2) all harbor, pilot and divers’ fees, customs formalities, water, electricity and national and/or local taxes as applicable, and 3) food and beverages, personal laundry and all communications costs for the CHARTERER’s party. SEE ADDITIONAL CONDITIONS – CLAUSE 30 SIGNATURES The Owner and Charterer expressly agree that Clauses 1 – 30 below, inclusive, form part of this agreement, which consists of seven (7) pages, plus any Additional Conditions or Addenda attached. Signed facsimile copies of this Agreement shall be binding. OWNER_______________________________ Date_____________ CHARTERER__________________________ Date______________ WITNESS______________________________________________ WITNESS_______________________________________________ _______________________________________________________ ________________________________________________________ Print Name and Address of Witness Print Name and Address of Witness BROKER (Escrow Agent)___________________________________ BROKER________________________________________________ WITNESS_______________________________________________ WITNESS________________________________________________ ________________________________________________________ ________________________________________________________ Print Name and Address of Witness Print Name and Address of Witness Adopted by the American Yacht Charter Association and the Mediterranean Yacht Brokers Association. Revised 2009. US copyright 2006 – AYCA. Neither organization will be responsible for any abuse or misrepresentation of this agreement. RECREATIONAL BARE BOAT CHARTER AGREEMENT PAGE 2 OF 7 CLAUSE 1. Agreement To Let And Hire. A. The OWNER agrees to charter the Vessel to the CHARTERER and not to enter into any other Agreement for the charter of the Vessel for the same period. B. The CHARTERER agrees to hire the Vessel and shall pay the Vessel’s Charter Hire Fee, Delivery/Redelivery Fee, the Security Deposit (if any) and any other agreed charges, in cleared funds, on or before the dates and to the Account specified in this Agreement as set forth on Page 1 of this Agreement and any Addendum executed by both the OWNER and CHARTERER. CLAUSE 2. Delivery. A. At the beginning of the Charter Period, the OWNER shall deliver the Vessel to the Port of Delivery and the CHARTERER shall take delivery of the Vessel in full commission and working order, seaworthy, clean, in good condition throughout with tanks filled and ready for service, with all equipment required by the U.S. Coast Guard and Vessel’s flagstate, including up-to-date safety and life-saving equipment (including life-jackets for children if any are included in the CHARTERER's Party). B. The Vessel shall be fitted out as appropriate for a Vessel of her size and type as required to operate in the Cruising Area in which this charter takes place and enabling the CHARTERER to use the Vessel as set out in Clause 13. C. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area. D. The CHARTERER shall inspect the Vessel before beginning the charter and must immediately notify the Broker or OWNER in writing if there is any complaint or visible defect as to the condition, equipment or accommodations of the Vessel. CLAUSE 3. Re-Delivery. The CHARTERER shall re-deliver the Vessel 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. If CHARTERER wishes, the CHARTERER may re-deliver the Vessel 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 Vessel Hire Fee. CLAUSE 4. Cruising Area. The CHARTERER shall restrict the cruising of the Vessel to the Cruising Area designated on Page 1 of this Agreement and to regions within the Cruising Area in which the Vessel is legally permitted to cruise. CLAUSE 5. Maximum Number Of Persons - Responsibility For Children - Health Of The Charterer's Party. 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 as provided on Page 1 hereof. B. If children are taken on board, the CHARTERER shall be fully responsible for their conduct, entertainment and safety. C. The nature of a 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 CHARTERER’S party undertake to have all necessary visas and vaccinations for the countries to be visited. CLAUSE 6. Charterer's Authority and Responsibilities. A. This is a Demise Charter Agreement as defined and described under U.S. Maritime Law. Therefore, it is mutually agreed to by the Parties that the full possession and control of the Vessel is transferred to the CHARTERER for the Charter Period. The CHARTERER will furnish its own crew and is responsible for operating expenses for the term of the Charter Period. B. If the CHARTERER chooses to utilize the services of a Captain, the CHARTERER shall remain responsible for the operation and management of the Vessel, except for the safe navigation of the Vessel, which shall be the responsibility of that Captain, and the CHARTERER shall abide by the Captain's judgment for vessel safety in regards to sailing, weather, anchorages, and other pertinent matters. CLAUSE 7. Captain’s Authority. A. If the Charterer is to operate the Vessel, the CHARTERER certifies that Charterer is experienced, licensed, if applicable, and competent in the handling and operation of a Vessel of the type named in this Agreement and that Charterer has sufficient practical knowledge of seamanship, piloting, and Rules-of-the-Road to properly exercise full authority over the Vessel. B. CHARTERER agrees that Charterer will not allow the Vessel to be operated by any person not qualified to do so during the Charter Period. C. The CHARTERER shall direct the general course of the voyage, operation and movement of the Vessel, winds, weather and other circumstances permitting. However, the Captain shall not be bound to comply with any order or request which, in the reasonable opinion of the Captain, could result in the Vessel moving to any port or place that is not safe and proper. CLAUSE 8. Expenses And Operating Costs. The CHARTERER shall be responsible for the operating costs, as specifically defined under “Conditions” on Page 1 of this Agreement, for the entire Charter Period for Charterer, CHARTERER’s Guests, and any retained Captain and Crew, if any. CLAUSE 9. Delay in Delivery or Failure to Deliver. A. Owner’s Delay In Delivery. If by reason of force majeure (as defined in Clause 18. A.), the OWNER fails to deliver the Vessel to the CHARTERER at the Port of Delivery at the commencement of the Charter Period, OWNER shall not be in default of this Agreement so long as the 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. In such event, the OWNER shall pay to the CHARTERER a refund of all payments made by the CHARTERER to the OWNER or Escrow Agent, at a pro rata daily rate, or if it be mutually agreed, the OWNER shall allow a pro rata extension of the Charter Period. PLEASE INITIAL: OWNER: _____ CHARTERER: _____ Revised 2009 RECREATIONAL BARE BOAT CHARTER AGREEMENT PAGE 3 OF 7 B. Owner’s Failure To Deliver As A Result of Force Majeure. (1) If by reason of force majeure, the OWNER fails to deliver the Vessel within forty-eight (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, OWNER shall be considered in default and the CHARTERER shall be entitled to treat this Agreement as terminated. (2) The CHARTERER's exclusive remedy will be to receive repayment, without interest, of the full amount of all payments made by CHARTERER to the OWNER or Escrow Agent. (3) Alternatively, if the Parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay. C. Owner’s Failure To Deliver Other Than As A Result of Force Majeure. (1) If the OWNER fails to deliver the Vessel 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. (2) The CHARTERER will be entitled to repayment, without interest, of the full amount of all payments made by him to the OWNER or Escrow Agent, and shall, in addition, be paid by the OWNER as liquidated damages an amount equivalent to fifty percent (50%) of the Vessel Charter Hire Fee.
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