1. PAYMENTS: The charter fees are deemed to be paid into an escrow account and paid to the OWNER in the following way: No more than 35% of the charter fees plus delivery costs and other additional costs incurred no more than ten (10) days before the start date of the charter period. The balance of the charter fee will be distributed no earlier than the start date of the charter. It is also understood that the OWNER considers that the charter fees are not refundable. If the CHARTERER cancels before the start of the charter period, the deposits will be refunded under the following conditions: The fees will be refunded on a pro rata basis, less a service fee equal to the BROKER`s full commission if the yacht is rebooked for the same period or part thereof. If a new booking is not possible, no refund will be made. If the OWNER cancels, the OWNER will reimburse the CHARTERER through the broker all fees paid from that date, including the broker`s commission. 14. RETURN DELIVERY: THE CHARTERER undertakes to redeliver the yacht, its equipment and equipment after the expiry of the charter free and free of any debt contracted by the CHARTERER. The CHARTERER also undertakes to be responsible and to replace or compensate for damage caused to the yacht, its equipment and furniture caused by itself or by any of its parts, less ordinary wear and tear, unless such claims are covered by insurance mentioned above. This means that the CHARTERER is responsible for all costs up to the amount of any deductible.
If the CHARTERER prevents the return of the yacht to the agreed place and time for any reason, he must pay the OWNER in proportion to the additional rental time plus any other loss suffered by the OWNER in connection with the new delayed delivery. If the delay in return delivery is due to force majeure, the CHARTERER is not responsible for additional charter costs. b. If the charterer cancels 59 days or less before the start of the initial charter, it will lose all charter fees paid to date. If the charterer has already paid for additional options, DYC will refund these fees to the charterer, unless the cancellation is made within seven days prior to departure. If within seven days, payment for additional options will not be refunded. CHARTER DATA: From (Time/ Date)Port of Embarkation: To (Time/Date) Port of Release: Cruise Area: Number of Charter Guests: Number of Days: (Prices are based on the number of charter passengers specified) Included/Excluded: (Unless otherwise stated in additional conditions): Charter fees include the services of a captain and crew, meals, standard ship helm, fuel and all costs related to the operation of the vessel and the use of sports equipment on board. Rental fees do not include diving, diving equipment, premium beverages and fine wines, excessive alcohol consumption, excursions outside the yacht, jetties, taxes and cruise permits, telephone, airport transfers and tips for the crew or similar costs incurred by the CHARTERER.
CHARTERER: (hereinafter referred to as Charterer) for the chartering of vessels described below. Other issues to consider are possible taxes. Use and sales taxes vary from state to state and depending on the type of charter. There may also be limits on the number of passengers allowed on a charter, regardless of the number of berths on the yacht. Finally, the ship itself may be held liable for the unlawful acts of its operators, whether operated by its owners or by charterers. d. In the event that DYC considers that the sailing experience of the charterer and crew is deficient, DYC reserves the right to cancel or modify the charterer and will not reimburse the charterer for any payment made so far. If available, DYC may offer to provide a licensed skipper at the charterer`s expense. If an approved skipper is provided, the charterer may not dismiss the skipper before the conclusion of the charter, unless agreed by the DYC. Over and over again, yacht buyers and owners think about the same question: “Should we charter the yacht or not?” It is not uncommon for us to have owners who start in the charter and express ambitious goals for 20 weeks of charter per year.
They may lack a qualified charter captain and maritime legal advice, but after gathering information from friends who have “managed” to charter their own yacht, they move forward, ignoring the many laws that govern chartering in U.S. waters. So, what is legal and correct chartering? We don`t have room for a full presentation here, but we do offer some tips. Chartering a yacht is a lot of fun, but there are a few things you can take on board, such as cruise dates, destinations, costs, and the yacht to rent. A broker will draw up a contract that covers all of the above points, as well as any additional information you may need to know. Here are some other expenses to consider. These are charged on charter at the cost paid at no extra charge: Caribbean Terms Inclusive are also widely used in the charter industry, especially on small vessels venturing into the Caribbean. Also known as Caribbean standard terms, ITAs are often described as “primarily all-inclusive.” Under the terms of an ITC contract, the following include basic charter fees; MYBA conditions are fair for the charterer and the ship, so most chartered superyachts around the world operate under these conditions. One.
DYC represents, warrants and undertakes that upon delivery, the Boat complies with all applicable laws and regulations of the Ship`s flag State and any country located in the cruise area, including, but not limited to, all charter laws and regulations and any documentation, registration or customs regulations so that the Vessel may be lawfully used by the Charterer, as shown below. DYC undertakes to deliver a boat in good condition to the charterer. First, let`s take the terms of the Mediterranean Yacht Brokers Association. This is best understood as a contract with “plus all expenses”. It was formerly called Western Med Terms (WMT). A MYBA contract allows an à la carte approach to all the services offered. The concept is that most people who charter yachts in the Mediterranean tend to go ashore to eat, for example. This means that the food and drinks on board would exceed the needs, thus a waste of the guests` money. In the time and voyage charter contract, on the other hand, the owner remains responsible for the operation of the vessel and selects the crew; The charterer only rents the space on the ship for a certain period of time. The obvious advantage for the owners is that they have the comfort of knowing that the crew they have chosen is responsible.
However, you remain responsible for the activities of the vessel while it is chartered. .
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