YACHT CHARTER AGREEMENT
Ref # BYP-
1. SUBJECT OF AGREEMENT
YACHT : DATE OF EMBARKMENT :
NUMBER OF GUESTS : DATE OF DISEMBARKMENT :
2. THE PARTIES
This agreement is made between the undersigned BODTUR TUR. VE TIC. A.S., Cumhuriyet Bulvari, 242/1, D.3, Alsancak, Izmir-TURKEY (hereinafter called BODTUR) of the one part and _______________________ (hereinafter called CHARTERER) of the other part whereby it is understood and fully agreed as follows.
BODTUR will charter the above mentioned yacht between the above mentioned dates (__ days in total) to the CHARTERER. The period concerning the preparation of the yacht and disembarkation is included in the charter duration.
4. PRICE AND PAYMENT
The yacht rental amount payable to BODTUR is ____________.
____________ of this total amount is to be paid by bank transfer at the signing of this agreement.
The balance ____________ together with the meals cost as per Clause-5 of this agreement is to be paid upon embarkation.
The amounts paid by bank transfer are needed to be received net to BODTUR’s bank accounts. BODTUR does not hold any responsibility for any charge/commission deducted by CHARTERER’s bank and/or its corresponding.
5. PRICE INCLUSIVE AND EXTRA EXPENSES
BODTUR will pay for or provide the running expenses; electricity, water, Turkish port mooring fees, fuel for 20-24 hours a week, generator run for 40~44 hours a week, crew salaries and their meals.
The CHARTERER will pay for the meals cost according to his menu choice (245.Euro/week.adult or 175.Euro/week.child for Superior Menu) or (315.Euro/week.adult or 245.Euro/week.child for Deluxe Menu) together with the yacht rental balance payment.
All Greek Port dues and expenses for yacht custom clearances in & out required in Greece and Turkey are payable by the CHARTERER.
-If any- all other extra expenses like fuel for speed boat for the use of water-sports, beverages, alcoholic drinks, etc. are payable to the Captain on board in cash.
6. DELAY IN PAYMENT
Non-payment of any part of the total amount due by the dates previously agreed makes BODTUR authorized to cancel this agreement and considered any prepaid amounts as indemnity.
7. HANDING OVER THE YACHT
BODTUR will hand over the yacht in _____________ at 15:00 in _____________ to the CHARTERER. In case of any delay in handing over the yacht, the CHARTERER has the option of:
a) to extend the charter period to cover the delayed time if the next charter period is free.
b) not to pay for the delayed period.
c) to cancel this agreement and is authorized to receive all the prepaid payments if the delay period exceeds more than 1/7 of the whole charter period.
8. DELAY IN TAKING OVER THE YACHT
If CHARTERER does not take over the yacht at the above mentioned date, BODTUR is authorized to retain any payment made, notwithstanding the need to prove whether the yacht is used by the CHARTERER or not.
9. RETURN OF THE YACHT
The CHARTERER has to return the yacht to BODTUR in _____________ at 10:00 am in _____________ in received position, clear of all debts and responsibilities. Because of any delay caused by the Charterer, BODTUR is authorized to duplicate the daily charge for each delayed day.
- In case of cancellations until 90 days prior to arrival, 20% of the total amount is retained and the rest is refunded.
- In case of cancellations until 60 days to prior to arrival, 35% of the total amount is retained and the rest is refunded.
- No refund is made in case of a shorter notice.
The yacht insurance covers the yacht, her equipment and all crew members against fire, collision and other marine risks or catastrophe. In case of any accident sustained by the crew, the loss of the yacht, her equipment and the crew damages are included.
The Charterer -by his/her own Travel Insurance- is responsible for any injuries or loses out of board and any injuries on board that may arise from his/her own fault or mistake.
12. ACCIDENTS TO BE OUT OF SERVICE / TOTAL LOSS
Within the rental period, should the yacht suffer any mechanical damage or fire, etc. so that the CHARTERER cannot use it and if this exceeds the period of 24 consecutive hours, the payment for this time period will be refunded to the CHARTERER. The charter period can be extended to cover the repair period in case it exceeds 24 hours, by mutual agreement. The CHARTERER has then the right to cancel this agreement. This clause is not applicable if such loss or damage occurs through any acts, omissions, errors or mistakes of the CHARTERER or his guests.
Before the rental period, should the yacht suffer any problem and fails to welcome the CHARTERER, BODTUR has the option to replace/upgrade the yacht with the reconfirmation of the CHARTERER.
13. NUMBER OF GUESTS
The CHARTERER with himself cannot invite more than __ persons. Latest by 15 days before embarkment date, the CHARTERER is required to inform the total group size and birth dates of all guests to BODTUR.
14. CRUISE AREA
The CHARTERER cannot use the yacht outside of the Turkish Waters unless a written agreement from BODTUR is obtained. The Captain has the right to change the cruise itinerary due to bad weather conditions, the docking impossibilities in ports or change in local legislation without prior notice.
15. CHARTERER'S RIGHTS IN CONNECTION WITH THE CREW
BODTUR will instruct the Captain of the yacht to take all orders from the CHARTERER unless the Captain decides that they are harmful for the yacht or the guests or the crew.
If the disagreement due to not complying with this agreement is not solved by the help of an Arbitrator, Izmir Courts are authorized to solve.
17. ADDITIONAL CONDITIONS
The above mentioned parties and their successive heirs, testament executors, administrators and representatives defined by the Civil Law declare to agree this agreement.
This agreement including 17 clauses is signed between BODTUR TUR. VE TIC A.S. and _____________ on the _____ day of ___________.
BODTUR TURIZM VE TICARET A.S. _________________