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CONDITIONS
FOR BAREBOAT AND SKIPPERED CHARTER
1
DELIVERY
(a)
The Owner (herein referred to as Club Sail) will
deliver the named vessel to the embarkation point
in full commission carrying all equipment required
by law, clean and in good condition. The Charterer
agrees that any lost or damaged item on the vessel
may be deducted against the security bond.
(b) The Charterer shall commence and shall terminate
as set out or upon redelivery of the vessel to
the disembarkation point. In the event that the
vessel shall not be redelivered on or before
the time stipulated, Club Sail shall be entitled
to a further fee based on an hourly rate which
shall be debited against the security bond.
(d) The demonstration time required to familiarise
the Charterer with the vessel, its equipment
and safety procedures shall form part of the
agreed charter time.
(e) The Charterer shall accept and personally
sign for, accepting the vessel in A1 condition,
hygienically cleaned, and in full compliment
of galley and yacht equipment as documented on
the vessels inventory.
2
INSURANCE
The
vessel under charter is insured by Club Sail
against fire, marine and collision risks with
protection and indemnity coverage in favour of
the Charterer as stated in the policy for the
term of the charter, only if the vessel is operated
in accordance with this agreement. Failing in
any agreement to the contrary between the parties
hereto any excess in connection with the said
policy may be debited by Club Sail against the
security bond. In the event of loss, accident
or breakdown or disaster during the course of
the charter, the Charterer shall give immediate
notice to Club Sail and shall not (except to
the extent necessary to avert or minimise a loss
of the vessel) attempt repairs without authorisation
of Club Sail. The Charterer shall be responsible
for the consequences of any unauthorised repairs.
3
PROVISIONING EXPENSES
The
Charterer agrees that he accepts delivery of
the vessel as herein provided and shall be responsible
for provisioning and supplies for himself and
crew during the term of the charter.
4
NAVIGATIONAL LIMITS
(a)
The Charterer agrees to limit his use of the
vessel to the limits under which the vessel is
permitted by the Waterways Authority of New South
Wales, such limits being within an imaginary
straight line drawn between Barrenjoey Lighthouse
and Middle Head. Yachts shall not attempt to
pass under the Hawkesbury Railway Bridge nor
proceed between Pittwater and Cowan Creek when
wave height exceeds 5 metres.
(b) Unless otherwise authorised in writing by
Club Sail the Charterer agrees not to sail at
night between dusk and dawn.
(c) At all times the Charterer shall observe
all regulations applicable to pleasure craft
including the rules governing right of way to
other pleasure craft both sail and power and
commercial shipping and shall observe the courtesies
extended to sail craft engaged in racing.
(d) The Charterer further agrees that anchorage
by day or night shall not take place in any restricted
bay or cove or in or adjacent to any navigation
channel.
I In any event the Charterer shall observe all
necessary courtesy rules and regulations governing
the mooring and anchorage of pleasure craft within
the limits of Broken Bay. No vessel is to come
alongside wharves or jetties or raft up alongside
other vessels.
5
RE-DELIVERY
Excepting
any express arrangements between Club Sail and
the Charterer the Charterer shall redeliver the
vessel in the same order and condition as the
vessel was at the time of commencement of the
charter and that such redelivery shall be made
within the time limits by the charter (see Clause
13b).
6
USE OF THE VESSEL
(d)
The Charterer agrees not to carry more than the
specified number of passengers on board.
(e) The Charterer agrees that the vessel is being
chartered for pleasure and or entertainment purposes
and shall not be hired out or otherwise be utilised
to carry passengers for commercial gain, transport
merchandise or otherwise be used in connection
with any commercial venture for which the vessel
and its crew is not licenced under the provisions
of the Marine Legislation.
7
NON-ASSIGNMENT
The
charter agreement hereby created is personal
only as between Club Sail and the Charterer and
shall not be capable of assignment or sub-charter.
8
THE CHARTER FEE
(a)
The charter fee together with a security bond
shall be due and payable at the time of execution
of the charter agreement. Any deposit previously
paid by the Charterer shall form part of the
agreed charter fee.
(b) Club Sail reserves the right to retain any
monies paid by way of a deposit on account of
the charter fee where a cancellation (and not
withstanding the provisions of clause 7 hereof)
assign his right, title and interest in the within
agreement provided that such assignee shall personally
agree to be bound by the provisions hereof and
provided that such is acceptable to Club Sail.
(c) In the event of 'bad weather" then the agreement hereby created may, at the discretion of The Owner and Club Sail, be cancelled and in that event the charterer is bound to rebook the charter within 48 hours with no cancellation fee being charged. In the event of the charterer cancelling for any other reason within 7 days, then no refund is given.
(d) In the event that through loss or damage
the vessel chartered by the Charterer is not
available or suitable to the Charterer, and in
the event that a suitable alternative vessel
is not available, then Club Sail shall refund
to the Charterer the charter fee and security
bond paid without being liable to the Charterer
for any costs or expenses incurred by the Charterer
whether such loss be either direct or indirect
or result in any special of consequential damages.
9
SECURITY BOND
The
Charterer will deposit with Club Sail at the
date of this agreement a security bond as set
out herein to be applied as provided for in this
agreement and also (and without limiting the
generality of the foregoing) to demurrage, the
repair of any damages or loss of equipment not
otherwise covered by insurance, and such other
charges for consumable items as may have been
used and not paid for during the time of the
charter. The balance owing will be settled within
72 hours.
10
ACCIDENT
In
the event of an accident, loss, breakdown the
Charterer shall give immediate notice to Club
Sail and shall not, except to the extent necessary
to avert or minimise the loss of the vessel,
authorise or undertake repairs without prior
authorisation of Club Sail. The Charterer shall
be responsible for the costs and consequences
of any unauthorised repairs.
11
COMPETENCY
The
Charterer represents and warrants that he (or
the named skipper in this agreement) is experienced
and competent in handling and operating a vessel
similar to the charter vessel and that he has
a practical knowledge of seamanship, pilotage
and the rules of the road. A summary of the nominate
skipper's sailing experience forms part of this
agreement. The Charterer agrees in the event
that Club Sail so elects Club Sail may insist
that a person sufficiently qualified accompany
the Charterer during the term of the charter
or so much thereof as Club Sail in his absolute
discretion shall determine. Any expense associated
with the exercise of such discretion shall be
the expense of the Charterer. The Charterer further
agrees that Club Sail may refuse delivery of
the vessel to the Charterer should the competency
of the Charterer not be established or should
the fact that tat the time of commencement of
the charter the Charterer is suffering from drunkenness
or is under the influence of drugs. The opinion
and decision of Club Sail shall be absolute in
this regard. The vessel is not to be moved, driven
or tampered with by any person under the influence
of intoxicating liquor or drugs. An 0.05 blood
alcohol limit applies.
12
INDEMNITY
The
Charterer hereby agrees to indemnify, reimburse
and hold Club Sail harmless from and against
any act and all losses, claims liabilities, demands,
suits, judgements, or causes of action and all
legal proceedings whether civil or criminal any
costs and expenses in connection therewith which
may result from or grow and arise in any manner
out of management, control, chartering, encumbering
use or operation of the vessel or the failure
of the Charterer to comply with the terms of
this agreement.
13
SPECIAL CONDITIONS
d)
The vessel shall be returned from charter by
the Charterers in a clean and tidy condition
or a cleaning surcharge of not more than $80
will apply.
e) Further to clause 5 if the vessel is redelivered
after the agreed time (as defined in the charter
period) then a charge of $100 per hour or part
thereof will apply.
f) If the head becomes blocked during the term
of the charter, a fee of $120 will apply.
g) In the event that the charter vessel is chartered
complete with skipper and or crew who are the
servants or agents of Club Sail the Charterer
shall during the term of the charter acknowledge
the direction, requirements and regulations imposed
upon the Charterer during the course of the charter
by the said skipper and or crew and shall not
demand or require any action on the part of such
skipper and or crew which may lead to endangering
the vessel or its passengers or complement, and
the decisions of the skipper in this regard shall
be treated as final and absolute.
14
INTERPRETATION
In
this agreement unless the context otherwise requires
the singular shall include the plural and vice
versa, words denoting any genders, the headings
herein are for the convenience of reference only
and references to the Charterer including his
executors and administrators.
I
HAVE READ & AGREE TO ABIDE BY ALL OF THE CHARTER
CONDITIONS ITEMISED ON THIS CHARTER CONTRACT
CHARTERER
..................................................................................................DATE........... |
