CANARY SAILING - TERMS AND CONDITION OF BUSINESS
COPY OF THE CONTRACT THAT YOU WILL BE ASKED TO SIGN ON ARRIVAL WHEN YOU TAKE OVER THE BOAT
Bare Boat charter contract
This agreement is made between :Frank Castella 42.774.317 k ( Canary sailing), The Company, and
The Charterer s name and address ............................................. ..................................................
Yacht model:
Port of delivery:
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Port of re-delivery:
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Cruising limits: CANARY ISLANDS WATERS
Charter period: .......................................................................
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Charter fee: to be paid as follows, ..............................................................
Due on arrival: ............................................
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Security deposit paid on arrival:.......................................................
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Charter terms
1. -The company shall let on bareboat charter and the charterer shall hire the yacht for the charter
period
the starting/finishing dates of the charter cannot be altered unlesss specified in writing
2.- Security deposit
1.- The company may retain and apply the security deposit in deduction or extinction of,
2.- Any liability of the charterer to the company, howsoever the same may arise,
3.- The cost of repairing any loss or damage to the yacht, her equipment, or furnishings attributed to carelessness or bad seamanship, cleaning, cancellations, delays returning boat, theft, missing inventory,
4.- Any liability arising from damage caused to third party property provided that such retention shall be without prejudice to the right of the company to recover any unsatisfied balance of such liability or cost from the charterer
5.- Subject as aforesaid,and after check out, the security deposit or any balance remaining shall be returned to the charterer within 14 days after the re-delivery of the yacht to the company or, in the event of dispute, upon the determination of such a dispute.
6.- Any breakdowns caused by the charterer as a result of negligence, ignorance or improper use of the vessel, shall be paid totally by the charterer and the charter company can consecuently terminate the agreement, asking the charterer to leave the boat and lkeeping all moneys paid as indemnizacion
3.- Company´s obligations
1.- the company shall deliver the yacht to the charterer or his appointed representative in good
and seaworthy condition, complying with the provisions of the Department of Transport, (i.e.
Secretaría de Estado de Infraestructuras y transportes, Dirección General de la Marina Mercante)
for the safety of small commercial vessels code of practice, to the extent that the said code is
applicable to the yacht. In the event of any loss of time occasioned as a result of the company’s
failure to comply with the provisions of this clause, the charterer s damaged shall be limited to
the charter fee and the company’s shall have no liability for consequential losses of
whatsoever nature.
2.-the company will use its best endeavours to deliver the yacht to the charterer at the agreed
time and place. If for any reason the yacht shall not be so delivered, a pro rate refund will be made
to the chartered for each complete 12 hours delay. If such delay exceeds 25% of the total charter
period, the charterer shall be at liberty to treat the charter as determined and the company shall
thereupon return all sums paid. In this event, the company shall not be liable to pay to the charterer
any other compensation for any loss or damage of whatsoever nature resulting from curtailment or
cancellation of this charter.
4.- Insurance
1.- The yacht and her equipment shall be insured for her full value with third party damage cover,subject to a policy
deductible no greater than the security deposit.
2.- Notwithstanding, the charterer shall indemnify the company in respect of any loss or damage
to the yacht or her equipment or any other expenses or liability arising out of any act of omission
of the charterer, his servants or agents or any other member of his party
3.- The company has a additional policy to cover for death or personal injury suffered by the
charterer, his servants, agents or any member of his party save in the event that same is caused
by his wilful default.
4.-The charterer will not take the yacht outside the cruising limits, nor do any other act
which may visitate the yachts insurance or prejudice his right to claim there under
5.- Charterer obligations
1.-The charterer must be the holder of a certificate of competence and warrants that he/she
and his/her crew have the experience and competence needed and they are capable of safely
handling the yacht.
2.-The Charterer shall pay for all running expenses during the charter period -fuel,camping gaz, batteries,food,drinks,ice,cleaning, mooring fees other than port of delivery-and to the extent
that upon return, any consumables have not
been restored to their level upon handover, the charterer shall be liable to the company
for the cost thereof.
3.-In the event of any damage to or failure of the yacht or any incident involving a third party,
the charterer shall at the earliest opportunity report such occurrence to the company or his local
agent and shall comply with any instructions given by him.
4.-The charterer will not sub charter or part with the control of the yacht without the written
consent of the company.
5.-The charterer will not use the yacht for any purpose other than private pleasure cruising
for himself, his crew and gest. He will not race the yacht without written consent of the Owner.
6.-The charterer will limit the number of persons in his party to those specified on the passengers
list, which will be no more than the legal amount which is six,
7.--The charterer shall take care and assume full responsibility for the safety and maintenance
of the yacht and its equipment at all times including periods when the yacht is left unattended.
8.--The charterer shall observe all regulations of customs, harbour or other authorities specially
those related to drugs
9.-The charterer shall not allow any animals on board the yacht without written consent of the company.
10.--The charterer shall ensure that the yacht remains afloat at all times.
11.-At the end of the charter period, the charterer shall re-deliver the yacht to the company at
the port of delivery, cleaned, and in the condition as upon delivery (reasonable wear and tear
excepted) and with her inventory complete. If the charterer shall fail to re-deliver the yacht
at the time and place agreed, he shall be liable for a sum equal to twice the pro-rate daily
charter fee for every day or part thereof by which re- delivery is delayed. The charterer
obligation under this agreement shall continue until eventual re-delivery.
6.- General
1.-The company or its agent shall have the right to accompany the charterer for trial prior to
delivery. In the event that the company is not satisfied as to the ability of the charterer to
safely handle the yacht, the company, shall be at liberty to terminate this agreement.
2.-The company shall have the right to restrict the cruising limits of the charterer in the
light of the experience of the charterer and the members of his party, and/or the actual or
anticipate weather conditions,being specially cautioned not to sail in stormy weather
3.-Save as provided otherwise in the terms of business of the company, the provisions herein
shall exhaustively govern the rights and obligation of the parties hereto.
4.-This agreement is subject to Spanish Law. Any differences or disputes of whatsoever nature
arising out of this charter shall be referred to the Courts of Law of Las Palmas of Gran Canaria.
Signed by or on behalf of the company . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
Signed by the Charterer . . . . . . . . . . . . . . . . . . . . . . Date . . . . .
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