SAMPLE CREWED YACHT CHARTER CONTRACT
Yacht Name: _________________________________________
Yacht Information |
Guest Information |
| Owner/operator/Captain: |
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Guest Name: |
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| Address: |
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Address: |
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| City, State, Zip: |
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City, State, Zip: |
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| Phone: |
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Phone: |
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| E-mail: |
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E-mail: |
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| Start Date |
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Pick-up: |
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| End Date: |
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Drop Off; |
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| # of Guests: |
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Cruising area: |
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PAYMENTS & FEES
To be arranged with the yacht directly !
Deposit: $ _______________
Balance Due: $ ____________
Not included in the fee:
Special Wines or liquors or specialty foods not normally in ship’s inventory.
Marina dockage requested by client other than departure and arrival dockage .
Crew’s gratuity.
The YACH OPERATOR/OWNER/OPERATOR agrees to deliver the yacht at the time and place stated, and the GUESTS agree to pay the fee and other agreed charges on or before the dates specified in this Agreement. The GUEST warrants that his/her signature on this Agreement represents consent of all GUESTS to be bound by the terms of this Agreement as if they had each individually signed this agreement. To the true and faithful performance of the foregoing agreement, the said parties bind themselves, their heirs, executors, administrators and assign each to the other. IN WITNESS WHEREOF, the parties have hereto set their hands:
For the Yacht |
For the Guest |
| Signature: |
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Signature: |
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| By: (Print Name) |
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By: (Print Name) |
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| Date: |
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Date: |
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| Witness: |
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Witness: |
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TERMS & CONDITIONS
PAYMENT & FEES: 50% deposit is due at the signing of this Agreement unless start dates are more than 6 months from the signing of this agreement, in which case 20% deposit is due at the time of signing and another 30% deposit is due 6 months in advance of the start date. The balance is due at boarding. Payments are to be made to the OWNER/OPERATOR or OWNER/OPERATOR’s agent unless otherwise specified in writing. If the deposit due under this Agreement is not paid within seven (7) days of its due date or the balance not paid at boarding, the OWNER/OPERATOR shall have the right to treat this Agreement as cancelled by the GUESTS. All funds will be held and paid in accordance with the disbursement instructions on the front of this Agreement.
CANCELLATION: If the GUESTS cancel, all payments shall be forfeited as agreed upon liquidated damages. Refund shall be made to the GUESTS if the Yacht shall be re-hired for the same term; or a pro rata refund if re-hired for part of the same term. If the OWNER/OPERATOR must cancel, the OWNER/OPERATOR shall refund all payments received from GUESTS except where OWNER/OPERATOR’s cancellation is due to Force Majeur as described below.
DELIVERY/ACCIDENTS/UNFORESEEN CIRCUMSTANCES: The OWNER/OPERATOR agrees to deliver the yacht to the pick-up port in full commission, in proper working order and ready for service. However, should it be impossible for the OWNER/OPERATOR to make delivery as agreed, or should the yacht, during the period of this Agreement, be lost, stranded, or disabled by an accident, breakdown or other unforeseen circumstance, or unable to perform this Agreement because of fire, perils of the sea, or other unavoidable accident rendering her unfit for use or purpose of this Agreement, not brought about by an act or fault of the GUESTS, the OWNER/OPERATOR shall not be in default as long as delivery or repair is made within 24 hours. OWNER/OPERATOR shall either extend the agreed upon period by the time delayed or shall reduce the fee pro rata to the actual period, whichever is mutually agreed upon by the GUESTS and OWNER/OPERATOR. If delivery or repair is not made within said 24 hours, GUESTS are entitled to treat this Agreement as cancelled by OWNER/OPERATOR and shall receive a full refund on a pro rata basis.
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 GUESTS, 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 GUESTS, and GUESTS will be held responsible for any loss or damage to the yacht due to any such violations.
RUNNING EXPENSES: The fee includes all food and standard bar & beverages (unless otherwise stated on this agreement), and all expenses related to the operation of the yacht including fuel, water and the use of advertised water sports equipment on board. The fee is generally exclusive of special request charges such as dockage & mooring requested by the GUESTS, gratuity, rental of sports equipment not inventoried by the yacht, premium beverages, off yacht excursions or meal & drinks ashore, telephone and other communications, and other similar expenses incurred by the GUESTS. Any such special charges incurred by the yacht are to be paid to the crew in cash or traveler’s checks. Please refer to the detailed Included / Not Included lists on the front of this Agreement for your yacht’s specific expenses, which terms shall govern this Agreement.
FORCE MAJEUR: Force Majeur means any cause attributable to acts, accidents, weather or omissions beyond the reasonable control of the OWNER/OPERATOR or the CHARTERER. No warranty is made as to the suitability of weather with respect to this trip. If a Named Storm threatens or is forecast to threaten the location/expected location of the chartered vessel as determined by the Captain in his sole discretion, the Captain shall have the option of terminating the charter if GUESTS have boarded or of refusing boarding if the charter has not yet commenced. The Captain’s decision to terminate or refuse boarding shall be final. Upon such termination, the Captain shall immediately disembark the GUESTS at the nearest safe port. In case of inclement weather during or immediately before boarding; every effort will be made to accommodate the trip on another mutually convenient date, if not possible, a refund of the deposit will be made. The captain is solely responsible for determining if the weather is compatible with the purpose of the trip and the safety of the passengers.
INSURANCE: The OWNER/OPERATOR represents that the Yacht is insured against fire, marine and collision risks, and with protection and indemnity coverage as well as carrying appropriate liability insurance.
DISCLAIMER: The OWNER/OPERATOR accepts no responsibility or liability for any injury suffered by the GUESTS or any member of their party, specifically, but not limiting the foregoing statement, any accident, injury, or death due to sailing, swimming, scuba diving, snorkeling, boardsailing, water-skiing, and other related sports, or the operation of the yacht’s dinghy or outboard motor, whether or not such equipment for such activities has been provided by the OWNER/OPERATOR, outside contractor or third parties, or the GUESTS, and regardless of whether such injury occurs onboard the Yacht or elsewhere.
AUTHORITY: The OWNER/OPERATOR shall provide the yacht with a captain and crew appropriate for her size. The captain shall be competent in navigation and piloting, and shall be appropriately licensed. The Captain shall have sole responsibility for the safe operation of the yacht and he/she shall remain in full command of the yacht and his/her decisions as to anchoring, sailing, weather and other matters that may affect the safety and well being of the GUESTS and yacht, shall be final.
GUESTS’ RESPONSIBILITY: The GUESTS agree to be responsible for and to replace or make good any injury to the yacht, her furnishings or equipment caused by themselves or by any of the GUESTS’ party, through carelessness, abuse or neglect, normal wear and tear excepted, and to satisfy any indebtedness that may have been incurred for account of or by order of the GUESTS, including reasonable attorney’s fees.
RESTRICTED USE: The GUESTS agree that the yacht shall be used exclusively for pleasure purposes, and will not in any way violate the Revenue Laws of the United States or of any other Government which may have jurisdiction. The GUESTS agree not to assign or transfer this Agreement without prior written consent of the OWNER/OPERATOR. It is agreed and expressly understood that the GUESTS are not the servants, nor employees of the OWNER/OPERATOR in any way whatsoever, and the OWNER/OPERATOR shall not be responsible for any injuries or damages caused by the GUESTS or any member or guests of their party.
ARBITRATION: All parties to this Agreement agree to submit to binding arbitration under the guidelines of the American Arbitration Association to resolve any dispute that should arise as to the provisions of this Agreement. Such dispute shall be referred to a panel of three arbitrators; one chosen by the OWNER/OPERATOR, one by the GUESTS and the third by the two arbitrators already chosen. Any litigation or arbitration arising from this charter or Agreement shall be held in the state of the OWNER/OPERATOR, unless both the OWNER/OPERATOR and GUESTS mutually agree upon another location. Any prevailing party shall be entitled to costs, expenses, and attorney fees for litigation/arbitration for disputes arising out of this Agreement
FACSIMILE: Both parties acknowledge that this Agreement may be transmitted between them by facsimile machine and both parties intend that a faxed contract containing either original and/or copies of the parties’ signature shall constitute a binding contract.
