1. The Charterer should entertain the necessary skills
and qualifications, knowledge and diplomas in handling and navigating
the Vessel and comply with the Greek rules and regulations regarding
the safe and lawful operation, navigation, running and handling of
the Vessel. In each voyage the Charterer is obliged to use as crew
at least one person with navigational experience.
1.1 Should the Owner discover that the Charterer is not properly qualified
as a skipper, the former has the right to cancel this contract or,
alternatively hire a qualified skipper who will be jointly accepted,
at the expenses of the Charterer. The Charterer is not entitled to
turn against the Owner as regards any claim he may have against the
skipper since he found the skipper fully qualified in all respects
for navigating and handling the Vessel and thus hired the latter.
The skipper is only responsible for the navigation of the Vessel as
well as for ascertaining that the Vessel is properly used by the Charterer
and the other passengers. The Charterer should not in any way impede
on the skipper's duties and he should comply with the skipper's orders
as regards the safe navigation and handling of the Vessel. The Charterer
is liable for every loss or damage that he or his co-passengers or
agents or employees may cause on the Vessel while they are on board.
1.2 Should the Charterer wish to charter the Vessel and hire a skipper
then the latter should be mutually accepted by both contracting parties.
The Charterer is released for any act or omission relating to the
navigation and handling of the vessel, provided that he does not intervene
in the skipper's duties, and is exclusively responsible for losses
or damages that he or his co-passengers or agents or employees may
cause on the Vessel.
2. Upon delivery and signature of the present, the
Charterer should pay to the Owner fifty per cent (50%) of the agreed
hire rate in cash. Four weeks before embarkation - and in any case
in the course of embarkation - the Charterer is obliged to pay the
stipulated amount due.
2.1 Payment of the above amount will be effected either in cash or
by bank swift order in the account number expressly indicated by the
Owner, or by use of credit card. In default of payment the Owner has
the right to cancel the contract without notice to the Charterer and
withdraw the Vessel. All monies paid by the Charterer will be withheld
by the Owner.
2.2 The Charterer will - in the course of embarkation - give to the
Owner a guarantee as indicated in the price list for the particular
Vessel. Said guarantee will cover damages amounting to the deductible
set in the insurance policy. Upon redelivery of the Vessel, the guarantee
is given back to the Charterer provided that the Vessel, her gear,
parts and appurtenances are found in good order after inspection undertaken
by both parties.
3. Upon signature the Owner undertakes to deliver the
Vessel with all her parts and appurtenances to the Charterer at the
stipulated place and time, insured against all risks and bearing a
certificate of seaworthiness.
4. On delivery the Charterer has the right to inspect
the Vessel as well as her technical and mechanical equipment so as
to confirm that she is in good order and condition and fit for the
service required. A complete inventory of the Vessel's entire equipment,
outfit, appliances and of all consumable stores on board the Vessel
shall be made by the Charterer in conjunction with the Owner on delivery
and again on redelivery of the Vessel. After delivery the Charterer
undertakes full responsibility of the Vessel.
4.1 Before embarkation, the bunker fuel in the Vessel
will be measured, under the Charterer's surveillance. The bunkers'
quantity on redelivery should correspond with that at the time of
delivery, otherwise the Charterer should pay to the Owner the equivalent
amount of money in accordance with the bunker's current purchase price.
5. During the charter period the Charterer shall exercise
due diligence to ensure that the Vessel and her hull, machinery, equipment
and facilities remain clean and in good order and condition. The Vessel
is to be redelivered at the stipulated date and time in the same good
order and condition. Failure of the Charterer to comply with that
obligation will result in payment of the daily charter rate increased
by fifty per cent (50%) for every day of delay or the proportionate
to that amount rate per part of the date, until the Owner redelivers
the Vessel to the stipulated place. Should the Charterer leave the
Vessel at a different place, he bears all operational and running
expenses relating to the redelivery of the Vessel. The Charterer is
responsible for any loss or damage to the vessel during the charter
period, unless such are covered by the insurance policy.
6. The Charterer will use the Vessel as pleasure yacht
and any alteration, or change of her condition or use is strictly
forbidden. The Charterer is not allowed to sub-let the vessel without
the prior written consent of the Owner.
7. Should the Charterer breach any term of this contract
or get involved in any unlawful activities whatsoever during the charter
period, the Owner has the right to rescind the contract and to withhold
any advance payment of hire effected by the Charterer. In such case
the Owner reserves all his legal rights against the Charterer for
compensation.
8. The Charterer is to indemnify the Owner in case
of any loss or damage to the Vessel during the charter period. In
such case the Owner should be notified within 24 hours at the very
latest. Upon notification, the Charterer should comply with the Owner's
instructions and report the incident to the closest port authority.
In case of arrest, seizure, requisition of the Vessel or of any act,
neglect or default of the Charterer or its agents, the Charterer is
solely responsible to the Owner and should directly engage all practical
and legal means to release the Vessel at his own expenses.
9. In case of actual or constructive total loss of
the Vessel during the charter period the contract is automatically
terminated and the Charterer is entitled to any advance payment of
hire provided that the Charterer or his agents are not liable for
the actual or constructive total loss of the Vessel. The Charterer
will not be entitled to any further compensation.
10. Should the designated Vessel not be at the Charterer's
disposal at the time of delivery, the Owner has the discretionary
power either to provide another Vessel of the same standard or to
act as agent in order to acquire another Vessel under the same terms
and conditions, without any further legal obligation for compensation
to the Charterer. In case the Owner acts as agent does not bear any
responsibility for the Vessel. The Charterer is directly contracted
with the Owner of the Vessel.
11. Should the Owner fail to deliver the designated
Vessel or another one of the same standard in the stipulated time,
the Owner is to return any sums received by the Owner proportionate
to the time of delay or the whole payment of hire if the delay exceeds
1/4 of the charter period, without any further legal obligation for
compensation to the Charterer.
12. All dues, and other charges relating to the operation
and management of the Vessel including port dues, marina fees, maintenance
fees, catering, bunkering, end cleaning and any other supplies are
born by the Charterer.
13. This charter shall be construed and the relations
between parties will be determined in accordance with Greek law. Any
dispute arising under this charter shall be settled extra judicially
in good faith. Should any attempt for extra judicial settlement result
in failure, the parties become amenable to the jurisdiction of the
Piraeus Court of First Instance and the applicable law is the Greek
law.
14. Both contracting parties consider the terms and
conditions of this contract to be fully binding and in full force.
The force of the charter will not be affected by the nullity of any
term of this contract.
THE SHIP OWNER THE CHARTERER
