The below clauses form part of the agreement made between the Owner of the Vessel, Sunseeker Charters (the ‘broker’) and the Charterer of the Vessel. The following clauses form part of the full agreement and are intended as a guide to the eventual agreement that will be signed between the Owner and the Charterer of the Vessel.
CLAUSE 1 – AGREEMENT TO LET AND HIRE
The owner agrees to let the Vessel to the Charterer and not to enter into any other agreement for the charter of the vessel for the same period.
The Charterer agrees to hire the Vessel and shall pay the Charter fees, the Advance Provisioning allowance, the Delivery/Re-Delivery fee, the security deposit and any other agreed charges, in cleared funds, no later than the dates and to the account specified in the agreement.
CLAUSE 2 – DELIVERY
The Owner shall at the beginning of the charter period deliver the vessel free of encumbrance to the place of delivery in compliance with its flag state requirements and the Charterers shall take delivery in full commission and working order.
CLAUSE 3 – RE-DELIVERY
The Charterer shall re-deliver the Vessel to the Owner at the place of Re-Delivery free of any debts incurred for the Charterer’s account during the Charter period and as in good a condition as when the delivery was taken, except fair wear and tear arising from ordinary use. The Charterer may, if he wishes, re-deliver the Vessel to the place of Re-Delivery and disembark prior to the end of the Charter Period but such early delivery shall not entitle the Charterer to any refund of the charter Fees.
CLAUSE 4 – CRUISING AREA
The Charterer shall restrict the cruising of the vessel to within the Cruising area and within regions in the cruising area to which the Vessel is legally permitted to cruise. The Charterer shall also restrict the time underway to an average of six (6) hours per day, unless the Captain, at his sole discretion, agrees to extend this time.
CLAUSE 5 – MAXIMUM NUMBER OF PERSONS –
RESPONSIBILITY FOR CHILDREN
- 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 vessel is securely moored in port or at anchor, or as permitted by the appropriate authority.
- 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.
- The nature of a charter may render it uncomfortable or unsuitable for anybody with physical disabilities or undergoing medical treatment. By nature of this agreement, the Charterer warrants the medical fitness of all members of the Charterers party for the voyage contemplated in this Agreement.
CLAUSE 6 – CREW
- The Owner shall provide a Captain qualified in accordance with the vessels flag state requirements and acceptable to the insurers of the Vessel. He shall also provide a suitably qualified and properly trained Crew. No member of the crew shall carry or use any illegal drugs on board the vessel or keep any firearms on board and the Captain and Crew shall comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this agreement.
- It is understood that the crew are entitled to a minimum amount of rest in accordance with the vessels code of practice, which includes the Maritime Labour Convention (MLC) 2006.
CLAUSE 7 – CAPTAINS AUTHORITY AND RESPONSIBILITIES
- 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 Management, Operation and movement of the Vessel, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might, in the reasonable opinion of the Captain, result in the Vessel moving to any port or place that is not safe and proper, or might result in the Charterer failing to Re-Deliver the Vessel upon expiration of the Charter Period, or would , in the reasonable opinion of the Captian, cause a break of any clause in this agreement. Further, without prejudice to any other remedy, if, in the reasonable opinion of the Captain, the Charterer or any of his guests fail to observe any of the provisions of this agreement and if such failure continues after the Captain has given due and specific warning to the Charterer in respect of the same, the Captain shall inform the Owner, the Broker and the Stakeholder, and the Owner may terminate the Charter forthwith or instruct the captain to return the Vessel to the place 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 any refund of the Charter fees.
- With particular regard to the use of Water sports equipment, the Captain shall have the authority to exclude the Charterer or any or all of his guests from use of any particular Water sports equipment if they are unsafe, or behaving in an irresponsible manner, or are under the influence of alcohol, or are failing to show due concern for other persons or property when operating this equipment.
- Crew gratuities are customary and given at the Charterer’s discretion.
- Use of Personal Water craft is only permitted subject to the Operator having the appropriate license and meeting with local operating regulations.
- Smoking is permitted on outside decks only.
- Any outstanding accounts will be settled with the Captain, on board and in cash prior to disembarkation.
- It is the responsibility of the Charterer to ensure that he and his guests hold current valid Visas for all countries to be visited during the Charter period.
- Children on board shall be under the direct supervision of an adult or nanny at all times.
- Should any VAT rate change occur prior to or during the Charter period, the Charterer fully accepts responsibility for the payment of the difference if applicable. The Charterer is liable for any taxes that may be due on the Charter, the APA, or the delivery fees at the date of Charter.
- Although every reasonable effort will be made to secure berthing in the chosen ports during the Charter, neither the Broker, the Stakeholder nor the Owner are responsible for allocation of berths during the charter.
- Any damages by any guest to the yacht and its equipment shall be paid for by the Charterer.
- No pets or animals are to be on board for the duration of the charter.
- The Charterer agrees to pay the correct VAT rate reigning in the cruising area at the time of the Charter. Some countries benefit from a reduced rate of VAT which is wholly subject to the Charter trip complying to that country’s conditions. Should the Charter trip for whatever reason not comply with all the country’s required conditions it is agreed by the owner and Charterer that VAT is to be paid by the Charterer at the country’s full rate.
- Any charges incurred on incoming funds will be deducted from the APA.