NSS Pattam Affordable Luxury Charters
|CHARTER AGREEMENT DOCUMENT
4905 34 St S #212
St Petersburg, FL 33711
Name of Yacht: NSS Pattam LOA: 84 feet Type: Motor Yacht Official Number: 943507
Charter Period: Start: (Charter Date and time)
End: (Charter Date and time)
Cruising Area: Port of Boarding: Port of Release:
Number of Charter Guests: Number of Nights/Days:
(Rates are based on # of charter guests stated)
Basic Charter Fee: $ Additional Fees: $ plus for crews and fuel.
Total Amount of Charter: $
1st Deposit: $ Due upon signing of contract. (25% of total amount of Charter)
Final Payment: $ Due Date 15 days prior to the start of the Charter.
TERMS AND CONDITIONS
Included: (Unless otherwise noted under additional Conditions): the charter fee includes the services of a Captain and Crew, bottled water and sodas, and all expenses related to running of
the vessel and use of on-board equipment.
Excluded: Charter does not include crew gratuities, diving, scuba equipment, premium beverages and fine wines, alcoholic beverages, off yacht excursions, dockage, airport transfers,
government charges, taxes or similar expense incurred by the CHARTERER,
1. PAYMENTS: It is understood that charter fees will be deposited in an Escrow Account and will be disbursed to the OWNER in the following manner: 25% of the charter fee plus delivery
fees and other additional expenses as applicable not more than ten 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 fees non-refundable. Should the CHARTERER cancel before the charter term begins, deposits will be refunded as
described in the DoCharterNow.com website. If the OWNER cancels, the OWNER shall reimburse the CHARTERER as described in the DoCharterNow.com website.
2. DEFAULTS IN PAYMENT: Should any installment of charter fees not be paid on the date designated, the CHARTERER will be advised and will have two days to pay balances due. After
which 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.
3. BROKERAGE: The owner and CHARTERER recognize there is no/there is a broker in connection with this Agreement. The broker is and the broker commission is percent of
the Basic Charter Fee.
OWNER’S INITIALS:______ CHARTERER’S INITIALS:________
4. 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, 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, the CHARTERER may cancel this Agreement. Any charter fees paid in advance shall
be returned in accordance with the provisions in the DoCharterNow.com website.
5. FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of GOD, accidents, weather or other omissions beyond the reasonable control of a party, and not caused by
that party’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
cash refund is provided for cancellation due to weather, except as provided in the DoCharterNow.com website
6. AUTHORITY: The OWNER warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered and that he/she is competent in both Coastwise
and Off-shore Navigation. 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.
7. 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 in connection therewith, including reasonable attorney’s fees.
8. NON-ASSIGNMENT: The CHARTERER agrees not to assign this Agreement or sub-charter the yacht without the OWNER’S consent in writing.
9. 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.
10. NAVIGATION LIMITS: The CHARTERER agrees to restrict the cruising of the yacht to the area specified on the 1st page of this agreement.
11. 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 is hereby relieved from any and all liability for such loss and damage. Failure by the OWNER to provide such insurance will burden him with the same responsibility as if
the yacht were so insured. The Charter may take 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. 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 and as further specified in the signed Hold Harmless Agreement.
12: 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.
OWNER’S INITIALS:______ CHARTERER’S INITIALS:________
13. 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 and all payments made by CHARTERER, and CHARTERER will be held responsible for any loss or damage to the yacht
due to any such violations and put ashore at the next port of call.
14. 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. 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.
15. ARBITRATION: 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 arbitrated
by arbitrators mutually agreed upon by the CHARTER and the OWNER. The arbitration will be in accordance with the Rules of the American Arbitration Association. The decision of the
arbitrators shall be final and binding upon both the OWNER and the CHARTERER.
16. VENUE: The venue of any action arising from this Agreement shall lie exclusively in the Courts of the State of Florida, unless another place is mutually agreed upon, and both parties shall
submit to the jurisdiction of such court.
17. 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
18. 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
This Agreement must be signed and returned within three 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.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
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 / Date
Signature / Date