TERMS & CONDITIONS and CANCELLATION POLICY OF ALL YACHT CHARTER CONTRACTS UNLESS OTHERWISE SPECIFIED

BY: CYBA- CHARTER YACHT BROKERS ASSOCIATION / WWW.CYBA.NET

Included/Excluded: (unless otherwise specified under Additional Conditions): The charter fee includes the services of a Captain and Crew, meals, standard ship’s bar, fuel, and all expenses related to running of the vessel and use of on-board sports equipment. The charter fee does not include (optional) crew gratuities, scuba diving, scuba equipment, premium beverages and fine wines, excessive alcoholic consumption, off yacht excursions, dockage, cruising taxes and permits, telephone, airport transfers or similar expense incurred by the CHARTERER. 

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ADDITIONAL TERMS AND CONDITIONS:
1.The parties to this Charter Agreement acknowledge that the Agreement may be transmitted
electronically (via email or fax) and said electronically transmitted Agreement containing
signatures of the parties shall constitute a binding agreement.   
2. Cruising taxes and permits are included in the charter fee. 
3. Smoking is permitted in a designated area only on deck. No smoking below deck
4. Crew gratuities (discretionary) are customary at 10-20%, scaled up/down as per level of service. 
5. Any additional expenses detailed under Terms and Conditions are to be settled in cash by the CHARTERER prior to disembarking.
6. The CHARTER recognizes that changes in Crew may be unavoidable and agrees to accept a licensed  Crew replacement. The OWNER agrees to immediately notify the CHARTER if a change in crew occurs.
7. Should there be any concerns during the charter, for any reason, The CHARTERER must immediately notify both the BROKER and OWNER by telephone and/or email so that the concerns can be overcome during the term of the Charter. Concerns cannot be raised after the charter as this denies the opportunity for the owner to rectify. If rectification is not possible Clause 17 shall apply.
   
2. PAYMENTS: 
It is further understood that charter fees will be deposited in an Escrow Account and will be disbursed to the OWNER in the following manner: Not more than 35% of the charter fee plus delivery fees and other additional expenses as applicable not more than ten (10) days prior to the start date of the charter period. The balance of the charter fee will be dispersed no earlier than the start date of charter. It is further understood that the OWNER considers charter deposits non-refundable. 

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3. DEFAULTS IN PAYMENT: Should any installment of charter fees not be paid on the date designated, the CHARTERER will be advised in writing and will have 14 days to pay balances due. If the default continues thereafter, the OWNER shall be so be advised by the BROKER, and the OWNER shall have the right to cancel this Agreement without prejudice to his rights in respect of any arrears of charter money, or of any breach by the CHARTERER of the conditions contained herein.

 

4. CANCELLATIONS: Should the CHARTERER cancel before the charter term begins, deposits will be refunded under the following conditions; If the yacht is rebooked for the same period or portion thereof Deposits paid will be refunded pro rata, less a service-fee equal to the BROKER’S full commission, If rebooking is not possible, no refund will be made. If the OWNER cancels, the OWNER shall reimburse the CHARTERER, through the BROKER, for all deposits paid as of cancellation date, and pay BROKER’S full commission. Cancellations by OWNER or CHARTERER are to be in writing through the BROKER and acknowledged by both parties.

 

 5. BROKERAGE: The OWNER and CHARTERER recognize Yacht Charters Guru as the sole BROKER in connection with this Agreement. The OWNER agrees to pay said BROKER customary and usual brokerage fees in connection with said charter and for any extensions and subsequent charters of the yacht by the CHARTERER arranged by BROKER for a period of 2 years from the end of the initial charter. The parties, understand and agree that the function of the BROKER is solely that of arranging the charter and that the BROKER is not responsible for the CHARTERER’S, OWNER’S or crew’s actions at any time, nor will the BROKER be liable for the satisfaction of the CHARTER or any actions or events outside BROKER’S direct control. OWNER agrees for itself and on behalf of the vessel’s captain and crew and the OWNER’S other employees and agents, not to solicit future business from the CHARTERER without the written consent of the BROKER, except for any future charters of the Yacht for which BROKER shall be compensated as set forth above. This shall include but shall not be limited to the distribution on the chartered yacht or thereafter to the CHARTERER of marketing materials for other yachts, agents or BROKERS. The OWNER agrees to instruct the vessel’s captain and crew and the OWNER’S other employees and agents regarding their obligations as set forth above.

 

6. DELIVERY: The OWNER agrees to deliver the yacht at the Port of Boarding in full commission and in proper working order, having all licenses required for any jurisdiction within the area of charter, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and utensils, blankets, linens, and towels; in staunch, clean and good condition throughout and ready for service; and, further agrees to allow demurrage pro rata to the CHARTERER for any delay in delivery, unless caused by Force Majeure. Should it be impossible for the OWNER to make delivery within twenty-four hours after the start of the charter period (for any reason other than Force Majeure), the CHARTERER may cancel or reschedule this Agreement. Any charter deposits paid in advance (plus BROKER’S commission) shall be returned by the OWNER in full to the CHARTERER at the CHARTERER’S option without further liability to the OWNER. 

 

7. FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, weather or other occurrences beyond the reasonable control of the OWNER, and not caused by the OWNER’S negligence. No warranty is made as to the suitability of weather with respect to this charter. If a Named Storm threatens or is forecast to threaten the expected location of the charter yacht, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or canceling the charter any time that he/she deems necessary. No refund is provided for cancellation due to weather. 

 

 8. AUTHORITY: The OWNER warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered. While it is agreed the CHARTERER may determine the general movements and destination of the yacht within the boundaries of this Agreement, it is understood that the Captain is in full command, and that the CHARTERER agrees to abide by his judgment as to clearance, sailing, weather conditions, anchorages and other pertinent matters.

 

9. LIENS: The CHARTERER, his agents, and/or employees, have no right or power to permit or suffer the creation of any Maritime Liens against the yacht. The CHARTERER agrees to indemnify the OWNER for any charges or losses incurred as a result of a breach of this paragraph, including reasonable attorney’s fees.

 

10. NON-ASSIGNMENT: The CHARTERER agrees not to assign this Agreement or sub-charter the yacht without the OWNER’S consent in writing.

                          

11. RESTRICTED USE: The CHARTERER agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests and servants, during the term of this charter, and shall not transport merchandise, or carry passengers for pay, or engage in any trade, nor in any way violate the Laws of any Government within the jurisdiction of which the yacht may be at any time, and shall comply with the law in all other respects.

 

12. NAVIGATION LIMITS: The CHARTERER agrees to restrict the cruising of the yacht to the area specified on the 1st page of this Agreement, cruising area.

 

13. INSURANCE: The OWNER agrees to keep the yacht fully insured against fire, marine and collision risks and with protection and indemnity coverage for the full term of the charter period. The CHARTERER shall not be liable for any such loss or damage covered by such insurance. Failure by the OWNER to provide such insurance will burden him with the same responsibility as if the yacht were so insured. The CHARTERER may purchase additional Charter liability insurance at his /her expense. The OWNER shall not be held responsible for loss or damage to personal property or for any injury suffered by the CHARTERER, or any member of his party, during the term of this charter, regardless of whether any such loss or injury occurs on board the yacht or elsewhere, unless such loss, damage or injury is the direct and proximate result of OWNER’S sole negligence. More specifically, but without limiting the foregoing, the OWNER and his insurance underwriters accept no responsibility or liability for accidents, injuries or death related to the yacht’s dinghy, swimming and/or the use of snorkels, masks or allied equipment (such as scuba equipment), water skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying, or other sports equipment, whether or not supplied by the OWNER or CHARTERER. 

 

14: ACCIDENTS: The OWNER agrees that should the yacht, after delivery, sustain breakdown of machinery, or be disabled, or damaged by fire, grounding, collision or other cause so as to prevent its use by the CHARTERER for a period of twenty-four (24) consecutive hours or more, or should the yacht be lost or said damage(s) be so extensive that the yacht cannot be, or is not repaired within twenty-four (24) hours, none of the above being brought about by any act or default of the CHARTERER, the CHARTERER shall have the right to terminate the charter. The OWNER shall make a pro rata return of all charter fees to the CHARTERER from the time of such loss or damage.

 

15. DRUGS AND OTHER ILLEGAL ACTIVITIES: The use, transportation, or possession of illegal drugs or narcotics (INCLUDING MARIJUANA) or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination of this Agreement without refund of any payments made by CHARTERER. CHARTERER will be held responsible for any loss or damage to the yacht due to any such violations and will be put ashore at the next port of call.

 

16. REDELIVERY: The CHARTERER agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for/by the CHARTERER, at the expiration of the charter. The CHARTERER also agrees to be responsible for and to replace or make good any injury to the yacht, her equipment and furnishings caused by himself or by any of his party, less ordinary wear and tear, except to the extent such claims are covered by insurance as provided above. This means that the CHARTERER shall be responsible for any costs up to the amount of any deductible. Should the CHARTERER hinder the yacht’s redelivery to the place and time stipulated, for whatever cause, he shall pay the OWNER demurrage pro rata for additional charter time, plus any other losses the OWNER sustains related to the delayed redelivery. If the delay in redelivery is due to Force Majeure, the CHARTERER is not held responsible for any additional charter fees.

                           

17. DISPUTE RESOLUTIONS: Should the OWNER and CHARTERER be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided in paragraph 18. 

 

18. VENUE: The venue of any action arising from this Agreement shall lie exclusively in the Courts of the City and State of OWNER’S residence, unless another place is mutually agreed upon, and both parties shall submit to the jurisdiction of such court.

 

19. EXECUTION OF AGREEMENT: The OWNER and CHARTERER, whose signatures need not be affixed to the same copy of the YACHT CHARTER PARTY AGREEMENT, may transmit the Agreement by facsimile or other electronic means. The separately signed Agreement, and/or copies thereof, shall constitute a binding Agreement between the OWNER and the CHARTERER.

 

20. TRIP CANCELLATION INSURANCE: The CHARTERER acknowledges that trip cancellation insurance has been offered and that he/she has the choice of either accepting or declining such coverage. If CHARTERER accepts cancellation insurance from BROKER or other source it is the CHARTERER’S responsibility to understand the coverage’s offered from the insurance company. The BROKER shall not be held liable for any claims related to the travel insurance.     

 

This Agreement must be signed and returned within three (3) weeks of receipt by the OWNER or the OWNER’S representative via electronic means to the delivery address provided. Otherwise the CHARTERER has the right to cancel without penalty.

 

I have read and understood the terms of this Agreement, plus all additional conditions and/or addenda listed above, before signing. Therefore, to the true and faithful performance of the foregoing YACHT CHARTER PARTY AGREEMENT, said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.

IN WITNESS WHEREOF, the parties have hereunto set their hands on the date written below and have initialed each page of the Agreement. 

 

OWNER:   Or Authorized Agent          

 

Signature ______________________________     

 

Print Name:      

 

WITNESS TO OWNER:

 

Signature_______________________________       

 

Print Name:      

 

DATE     

 

CHARTERER: 

Travel Insurance: ___Accept   / ___Decline 

 

 

Signature______________________________       

 

Print Name:      

 

WITNESS TO CHARTERER: 

 

Signature______________________________        

 

Print Name:      

 

DATE