BAREBOAT
CHARTER. GENERAL CONDITIONS
Validity : This
contract will only be valid and effective if all payments related to
the charter have been effected according to the terms and conditions
stipulated.
Client must deliver proof of experience and official
sailing license sufficient for the boat reserved.
If
MALLORCA-BALEAR-SAILING & CHARTER, S.L. (MBS&CHARTER)
considers that the client can not skipper the boat or the submitted
licence is not sufficient or valid, MBS&CHARTER reserves its
right to cancel the charter without any obligation thereafter.
As an
alternative, MBS&CHARTER will offer a professional skipper, the
cost of which shall be borne by the client.
Obligations
of the owner : The
boat shall be ready for boarding before 17,00 hours on the first day
of the charter, clean, revised and with full inventory and in perfect
sailing conditions.
If by any unforeseen circumstances, the boat
intended for the client would not be ready or available, MBS&CHARTER
will deliver a similar or superior boat at the same agreed price.
If
only an inferior boat is available, MBS&CHARTER will offer it to
the client at an inferior price and the Client has the right to
accept or refuse it.
In case of refusal, MBS&CHARTER will offer
free Hotel accommodation for the crew while the original boat is
repaired and this for a maximum period of 48 hours.
Past this period
the client has the right to cancel the contract recovering the
amounts paid for the charter till that moment.
The boat is fully insured with a
liability of 1000 Euros.
Skipper and crew are also insured .
Civil
responsibility and third party is also fully covered.
A copy of the
insurance is included in the Boat papers.
Obligations
of the client : It
is the client obligation to submit a copy of a valid and true sailing
licence and also be true about his real sailing experience.
Crew
members will never be superior to the established maximum for each
type of boat.
The boat shall only be used for pleasure navigation and
under no circumstances for commercial purposes, or any kind of
illegal traffic.
Regattas can only be held with the written
permition of MBS&CHARTER and with a special insurance to be
issued prior to the regatta and paid by the client as an extra..
Upon
embarkation, the client will receive a full standard inventory,
checking this list against the items in the boat.
A deposit will be
requested in that moment to cover eventual losses, breakdowns etc .
This deposit will be reimbursed upon returning to Port if no losses,
breakdowns etc. are found.
In this moment it shall considered the
boat as “delivered” and the client has 2 hours to
announce any discrepancies to MBS&CHARTER
Past this period, the
boat shall be considered as fully delivered and accepted in all its
terms and the responsibility passed over to the skipper and its crew.
The skipper shall prepare its itinerary according to the sailing area
and weather forecast always within the Balearic Islands and with
maximum sailing distance to the coastline 25 nautical miles.
The
boat shall be returned to our home Port (unless otherwise agreed in
writing) on the date and hour agreed in the charter contract.
It is
the skipper responsibility to plan his sailing trip accordingly,
taking into consideration all possible circumstances in order to
return to port safely on the day and hour previously agreed.
The
client does not cover damages produced by a hired skipper.
The client shall comply at all
times and in all respects with the local and National laws with
special attention to the navigation restrictions, non-anchorage
areas, protected zones, fishing, anchoring etc.
Extreme care is
requested in order not to pollute in any aspect the sea or shores and
not to destroy the sea bottom and its life.
The skipper shall have
boat papers and documents regarding his crew ready for inspection
should it be requested by the Authorities.
The national flag shall
be always raised and visible.
The skipper shall prevent any
situation which could bring danger to its crew and boat, taking all
necessary measures.
In case of distress he shall phone
MBS CHARTER and any useful authority.
In case of need to be towed
he shall inform MBS CHARTER immediately and negotiate and fix a
price for the towing.
In any case the skipper shall not accept being
towed unless as a last measure and because of imminent danger to crew
and/or ship.
The skipper shall gather
information permanently regarding the weather forecast in its sailing
area and not to leave port or a safe anchorage or navigate if :
- Wind prediction exceeds 27 knots
or Force 6.
- In case there is a special
warning or a navigation restricted/prohibited announcement.
- If the vessel has any kind of
serious breakdown which makes navigation an hazard.
In this case
the client shall advise MBS CHARTER of its situation and position
in order to send help as soon as possible.
The client
shall study carefully all information that will be supplied to him by
MBS CHARTER regarding its boat, navigation area, dangers, general
navigation conditions etc. and shall use all material on board, boat
equipment and boat itself with great care in order to prevent all
risks and breakdowns.
Special care shall be taken to prevent fire
and/or explosion due to the misuse of the Propane gas used for the
kitchen and oven.
The
non-fulfilment of any of above safety restrictions will result in the
cancellation of the charter agreement without any compensation to the
client.
MBS&CHARTER shall retain all quantities paid, included
but not limited to the deposit.
The vessel
shall return to port as agreed on the contract.
In case of delay, the
client shall pay MBS&CHARTER as follows:
- If delay is less than 6 hours :
1 day extra charter
- If delay is more than 6 but less
than 24 hours : 2,5 extra charter days
- If delay is more than 24 but
less than 48 hours : 5 extra charter days
The value of the charter day
shall be found by dividing the price agreed for this contract by the
charter days of same contract.In order to avoid this
inconvenience and the ones which should become unavoidable with the
next client, we beg you to be back in port on the agreed date/time
and always on the evening before the expiry of the charter agreement.
In acceptance
of above terms and general conditions, both parties sign this
document in duplicate in Palma de Mallorca date stated on
contract.
Palma de Mallorca,
MALLORCA-BALEAR-SAILING
& CHARTER S.L. The Charterer
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