CHARTER AGREEMENT

E-CONTRACT

​

DELIVERY AND RE-DELIVERY:: 

1. The OWNER shall at the beginning of the Charter Period deliver the YACHT free of encumbrance to the Place of Delivery in compliance with its flag state requirements and in full commission and working order. 

2. 2. If the CHARTERER does not check-in to the YACHT in 24 hours after the check-in hour, the OWNER shall be entitled to cancel the contract and CHARTERER shall be under the obligation to make the payments according to clause 3.1. 

3. 4. CHARTERER shall check-out from the YACHT in the place and time that are designated in this contract. CHARTERER shall return the YACHT, in the same condition as it was delivered to the CHARTERER.

​

BREAKDOWN OR DISABLEMENT:

1. If the YACHT shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the YACHT and these problems are not solved within 48 hours, BROKER can offer the option to continue with an equivalent yacht or the CHARTERER may request a refund of the rent for the time that the CHARTERER could not use the YACHT. This clause excludes failures that do not affect the course of the YACHT like Air Condition failure. .

​

CANCELLATION CONDITIONS:

1. Should the CHARTERER give notice of cancellation of this Agreement, some or all of the Charter Fee may be retained by the OWNER determined as follows: 

   1. If the cancellation is made 45 days before check-in date or earlier, the OWNER shall be entitled to retain the deposit amount only. 

   2. If the cancellation is made between 30 and 44 days before check-in date, the OWNER shall be entitled to retain the deposit amount and to recover 50% of all sums unpaid and due. 

   3. If the cancellation is made within 29 days before check-in date, the OWNER shall be entitled to retain the deposit amount and to recover all sums unpaid and due. 

2. Notwithstanding the OWNER’S right to receive or retain all payments referred to above, the OWNER shall be under a duty to mitigate the CHARTERER's loss and in the event that the OWNER is able to re-let the Yacht for all or part of the charter period under this Agreement, the OWNER will give credit for the net amount of charter hire arising from such re-letting after deduction of all commissions and other consequential expenses arising from such re-letting. 

3. If, prior to the date of cancellation, the Yacht has taken on provisions for the charter as set out in this Agreement, then the CHARTERER shall pay for these.

​

YACHT RULES:

1. Smoking is not permitted inside the yacht; the captain will authorize smoking on deck at designated areas only and if it’s down wind. 

2. CHARTERER or guests shall not use water sports equipment in an unsafe, irresponsible way or when under the influence of alcohol. It is prohibited for guests under the age of 18 to use watersports. CHARTERER shall be responsible for all damages that may arise from the use of watersports. CHARTERER acknowledges that the BROKER or OWNER is not responsible for these damages.

3. Children are to be always under the direct supervision of the CHARTERER or an adult member of his guests. The crew has no obligation and responsibility for the supervision of children. 

4. It is highly recommended that the CHARTERER considers obtaining a personal travel insurance, cancellation/curtailment insurance and charterer’s liability insurance. 

5. The CHARTERER and guests shall always afford the crew due respect. No crew member shall be subjected to any type of harassment by the CHARTERER or guests at any time during the charter period. 

6. If the CHARTERER or any of the guests shall commit any crime & offense which results in any member of the crew members being detained, fined or imprisoned, or the YACHT being detained, seized or fined, the CHARTERER shall indemnify the OWNER against any loss, damage and expense.

7. The Yacht operates a zero-tolerance policy towards possession or use of any illegal drug. Any weapons (including firearms) are strictly prohibited on board.

8. CHARTERER is under the obligation to comply with above mentioned rules. Failure to comply shall be sufficient reason for the OWNER to terminate the charter forthwith without refund or recourse against the BROKER or OWNER.

 

GOVERNING LAW, DISPUTE RESOLUTION AND SIGNATURE

1. This Agreement is governed and construed in accordance with the laws of the Republic of Turkey; any disputes arising between the Parties in connection with this Agreement shall be subject to the jurisdiction of Mugla Courts and Enforcement Offices. 

2. Any notice given or required to be given by either party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by mail or courier service or by fax in the case of the OWNER, to him or to the broker at their addresses as per this Agreement or, in the case of the CHARTERER, to his address as per this Agreement or, where appropriate, to him on board the Yacht. 

3. Electronically signed and legible fax and scan copies of this Agreement shall also be legally binding. 

4. If there is any discrepancy between the English and Turkish version of this Agreement, the Turkish version shall prevail.