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PAYMENT TERMS :
Due date:
To the following Account where it shall be deemed paid only when cleared and irrevocably
received to our account: Online payment link from CEPAC will be sent at the reception of
the reservation form signed by the Charterer.
The Charter Agreement is subjected to terms and conditions of the MYBA Charter
Agreement Revised 2014.
Due to the COVID situation, the company reserves the right to refuse customers who
have not provided the necessary documents for the smooth running of the transfer
●
● * It is the traveler’s responsibility to check that they have the necessary documentation
(passports / visas) required for their trip. Please check with the French Embassy or
Consulate. We reserve the right to refuse customers who will not have the necessary
legal papers. We recommend on taking travel insurance. We cannot be responsible for
the weather conditions.
●
● Clause 1: Agreement to let and hire.
● the Owner agrees to let the Vessel or substitute to the Charterer and the Charterer agrees to hire the Vessel, and shall pay the Charter fee, and any other agreed charges, in cleared funds, no later than
the dates, and to the account specified in the agreement.
● Clause 2: Redelivery.
● The Charterer shall redeliver the Vessel to the Owner at the Place of redelivery free of any debts
incurred for the Charterers account during the charter period and in as good a condition as when delivery was taken.
● Clause 3: Maximum number of persons - Responsibility for children - Health of the Charterers
party.
● (i) The Charterer shall not at any time during the charter period permit more than the maximum number of guests cruising on board.
(ii) 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 and or entertainment.
(iii) The nature of the 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 for all the members of the Charterers party for the voyage contemplated
by this agreement.
● Clause 4: Captain : Status, Authority and Responsibility.
● The Captain : ……………… is patented STCW 2010 (Convention on Standards of Training,
Certification and Watchkeeping for Seafarers) and enlisted by the Maritime Work Company N° SPR
3453
● "Planète Mer Services" 14, Rue Paradis - 13001- Marseille France
● (i) 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 the 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 would, in the reasonable opinion of the Captain, cause a breach of any clause of this
agreement. (ii) 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 its Guests from use of any particular watersports 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
the equipment.
● Clause 5: Operating costs
● The charter fee includes the charter of the Vessel with all its equipment in working order. The
Charterer will pay at cost, for all other expenses.
● Clause 6: Cancellation by Charterer and consequences of non-payment.
● (i) Should the Charterer give notice of cancellation of this agreement on or at any time before the
commencement of the charter period, all of the charter fee due may be retained by the Owner.
If
any of the installments are due to be paid but have not been paid, then the Owner shall have a claim
against the Charterer for the amount so due.
(ii) Default of payment or failure to pay:
Should the
Charterer fail to pay, after having been given written notice by the Owner, any amount due under this
Agreement, The Owner reserves the right to treat this agreement as having been repudiated by the
Charterer and to retain the full amount of all payments and to recover all sums unpaid and due up to
the date of repudiation.
● Clause 7: Breakdown or disablement.
● If after delivery the Vessel shall at any time be disabled by breakdown of machinery, grounding,
collision or other cause so as to prevent reasonable use of the vessel by the Charterer the Charterer
may terminate this agreement by notice in writing to the Owner. Within two working days after such
termination, the Charter fee shall be repaid by the Owner prorata without interest for that proportion
of the charter period outstanding after the date and time on which the loss or disablement
occurred.
Alternatively, by mutual agreement the Charterer may elect to remain on board for the
duration of the charter period and the Charterer will then have no further or additional claim against
the Owner.
● Clause 8: Use of the Vessel.
● The Charterer shall comply, and shall ensure that the Guests comply, with the laws and regulations
of any country into whose waters the Vessel shall enter during the course of this agreement.
The
Charterer shall ensure that no pets or other animals are brought on board the Vessel without the
consent in writing of the Owner. The Charterer shall ensure that the behavior of the Charterer and his
guests shall not cause a nuisance to any person or bring the Vessel into disrepute. The Vessel is not
to be used for commercial photo or film shoots of any nature, unless by written permission from the
Owner.
● The Captain shall promptly draw the Charterers attention to any infringement of these terms by himself
or his guests, and if such behavior continues after this warning, the Captain shall inform the Owner
and the Owner, may, by notice in writing given to the Charterer, terminate this agreement.
If the
Charterer or any of the Guests shall commit any offence contrary to the laws and regulations of any
country which results in any member of the crew of the Vessel, being detained, fined or imprisoned,
or the Vessel being detained, arrested, seized or fined, the Charterer shall indemnify the Owner
against all loss, damage and expensenotice to the Charterer, terminate this Agreement forthwith.
● The Vessel operates a zero-tolerance policy and the possession or use of any illegal drugs or any
weapons (including firearms) is strictly prohibited on board the vessel. Failure to comply shall be
sufficient reason for Owner to terminate the Charter forthwith without refund or recourse against the
Owner, Stakeholder or Broker.
● Clause 9: Insurance
● a) Throughout the period of this Agreement, the Owner shall insure the Vessel with first-class insurers
against all customary risks for a Vessel of her size, value and type on cover no less than is provided
under Institute Yacht Clauses 1.11.85 or other recognized terms extended to provide Permission to
Charter.
The Charterer shall remain liable for any loss, damage or liabilities arising from any act or
negligence of the Charterer or his Guests and not recoverable by the Owner under his insurance.
● b) Charterer should be aware that neither Charterer’s liability Insurance nor Cancellation and
Curtailment Insurance are included in this Agreement.
● Clause 10: Definitions
Force majeure
● In this Agreement, ‘force majeure’ means any cause directly attributable to acts, events, nonhappenings, omissions, accidents, or Acts of God beyond the reasonable control of the Owner, the
Crew or the Charterer
● b) Owner, Charterer,
Throughout this Agreement, the terms Owner, Charterer, and corresponding
pronouns shall be construed to apply whether the Owner or Charterer is male, female, corporate,
singular or plural, as the case may be.
● Clause 11: Force majeure
● When the force majeure is invoked in relation to breakdown or disablement, the owner will instruct the
Captain or Owner’s representative to submit a detailed technical report, a copy of the Vessel’s
maintenance log, if applicable, and all relevant supporting documentation to the Charterer or
Charterer’s representative.
● Clause 12: Law and Jurisdiction
● This Agreement shall be governed by and construed in accordance with French Law and any dispute
arising out of or in connection with this Agreement shall be governed by the law of Anguilla exclusively.
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