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Charter
and Payment

The
Operator shall let on bareboat charter and the Charterer
shall hire the Vessel for the Charter Period for the
Charter Fee.




The
Advance Payment is paid by way of a deposit to secure
the Vessel for the Charter Period and shall be paid
to the Operator on the signing of this Agreement. On
payment by the Charterer of the Advance Fee, the Operator
agrees not to enter into any other agreement for the
charter of the Vessel for the same period. The Balance
Payment and the Security Deposit shall be paid to the
Operator no later than the date stipulated herein.
All monies payable hereunder are deemed due on the
date hereof.

Security
Deposit

The
Operator may retain and apply the Security Deposit
in reduction or extinction of any liability of the
Charterer to the Operator.




Such
retention shall not prejudice the right of the Operator
to recover any unsatisfied balance of such liability
from the Charterer.




Subject
as aforesaid, the Security Deposit or any balance remaining
shall be returned to theCharterer within 14 days after
the Redelivery or, in the event of a dispute, upon the
determination of such dispute.

Operator's
Obligations

The
Operator shall at the beginning of the Charter Period
deliver the Vessel to the Charterer or his representative
in good and seaworthy condition in compliance with
the MCA's Code of Practice for the Safety of Small
Commercial Motor or Sailing Vessels or its equivalent
approved by the appropriate authority in the country
of handover where handover takes place elsewhere than
in the UK (if and as applicable) and with the minimum
equipment requirements of the Marine Leisure Association
(MLA). At a time convenient to the Charterer and for
a reasonable duration, the Charterer may inspect the
Vessel before the start of the Charter Period in the
company of a representative of the Operator.

The
Operator will use all reasonable endeavours to deliver
the Vessel to the Charterer in the aforesaid condition
at the agreed time and place but in default, whether
as a result of a breach of 3.1 or otherwise, its liability
shall be limited to a pro rata return of the Charter
Fee for each period of 12 hours for which delivery
is delayed. If such delay exceeds 25% of the Charter
Period, the Charterer shall be at liberty to treat
the Charter as cancelled. The Operator shall thereupon
return all sums paid together with reasonable compensation
for travel and accommodation costs but shall have no
further liability to the Charterer in respect of the
curtailment or cancellation of the Charter including
without prejudice to the generality of the foregoing
liability in respect of consequential or economic loss
or loss of use or enjoyment, save where delivery is
delayed otherwise than by reason of force majeure in
which case the Operator's maximum liability, in addition
to the return of all sums paid, shall be limited to
an amount equal to 50% of the Charter Fee.

Insurance
and Liabilities

The
Vessel and her equipment shall be insured on the terms
of the Institute Yacht Clauses or on comparable terms for
her full value with third party damage cover of no less
than £200.000 subject to a policy deductible no greater
than the Security Deposit.




The
Charterer shall indemnify the Operator in respect of
any loss or damage to the Vessel or her equipment or
any other expense or liability arising out of any act
or omission of the Charterer, his servants or agents
or any member of his party which is not for any reason
covered by the Vessel's insurance.




The
Operator shall have no liability for death or personal
injury suffered by the Charterer, his servants, agents
or any member of his party unless caused by its negligence
or wilful default.




The
Charterer shall neither take the Vessel outside the
cruising limits nor do any other act which may vitiate
the Vessel's insurance or prejudice the Operator’s
right to claim thereunder.




In
the event of damage to or failure of the Vessel or
any incident involving a third party, the Charterer
shall at the earliest opportunity (and in any case
within 12 hours) report such occurrence to the Operator
or its local agent and shall comply with any reasonable
instructions given.




In
the event of major damage to the Vessel during the
Charter Period involving a claim on the Vessel's insurance
or in the event of a breakdown of gear or machinery
rendering the Vessel unseaworthy and/or unusable, a
pro-rata credit will be made for the period during
which the Vessel was unseaworthy or unusable provided
that neither the Charterer nor any member of his party
caused or contributed to the damage or breakdown and
provided also that the Operator shall not be liable
to the Charterer for any other compensation in respect
of damage or breakdown whether in respect of consequential
or financial loss or otherwise, save where damage or
breakdown is caused by the negligence of the Operator
and results in death or personal injury.

Charterer´s
Obligations

The
Charterer will restrict the navigation of the Vessel to
the Cruising Limits and to those areas within the Cruising
Limits in which the Vessel (i) is legally entitled to be
navigated and (ii) can be safely navigated by the Crew
in the prevailing conditions.




If
the Charterer fails to accept delivery of the Vessel
within 24 hours of the start of the Charter Period
and has not by then notified the Operator of his intention
to accept delivery later during the Charter Period,
the Operator may treat this Agreement as terminated
without prejudice to its rights to
recover any unpaid portion of the Charter Fee.




The
Charterer warrants that he and the Crew have the experience
and competence described on the Operator's Booking
Request Form and that they are capable of safely handling
the Vessel.




The
Charterer shall pay all running expenses during the
Charter Period and to the extent that on redelivery
any consumables have not been restored to their handover
levels, the Charterer shall be liable to the Operator
for the cost thereof.




The
Charterer shall not sub-charter or part with control
of the Vessel without the prior written consent of
the Operator.




The
Charterer shall take care of and assume full responsibility
for the safety and maintenance of the Vessel and its equipment
at all times including when unattended. When the Charterer
leaves the Vessel unattended, the Charterer shall remain
fully responsible therefor and should take all reasonable
precautions to secure the Vessel and the equipment and
gear on board.




The
Charterer shall not allow the Vessel to dry out or be stranded
and shall ensure that the Vessel is moored only at a secure
and well maintained mooring point. The Charterer shall
not anchor the Vessel in a place where anchoring is restricted
or that is not suitable for anchoring such a vessel.




The
Charterer shall neither use the Vessel for any purpose
other than private pleasure cruising for himself, his
crew and guests, nor race the Vessel without the prior
written consent of the Operator.




The
Charterer shall limit the number of persons in his party
to not more than the number of berths on the Vessel, except
by prior agreement with the Operator, such agreement to
be contingent on the Charterer's party not exceeding the
number of places on the Vessel licensed by the appropriate
authority.




The
Charterer shall observe all applicable rules, regulations
and laws whether of customs, harbour or other authorities
or otherwise.




The
Charterer shall not allow any animals on board the
Vessel without the prior written consent of the Operator.




The
Charterer shall redeliver the Vessel to the Operator
at the Port of Redelivery or at such other place as
may be agreed between the parties at the end of the
Charter Period cleaned, in the same condition as on
delivery (fair wear and tear excepted) and with her
inventory complete. If the Charterer fails so to redeliver
the Vessel, he shall be liable for twice the pro rata
Charter Fee for every day or part thereof by which
redelivery is delayed unless such delay is caused by
the operation of an insured peril or circumstances
beyond the Charterer's reasonable control.




The
Charterer's obligations under this Agreement shall continue
until redelivery.

Notice
of withdrawal

Where
the Charterer is not a Consumer, should
the Charterer give notice of cancellation of this Agreement
on or at any time before the commencement of the Charter
Period the Charterer shall remain liable for all payments
due to the Operator prior to and unpaid at the date
of cancellation. Should notice of cancellation be given
by the Charterer or should the Charterer fail after
having been given notice to pay any amount due under
this Agreement, the Operator shall be entitled to treat
this Agreement as having been repudiated by the Charterer
and to retain the full amount of all payments.




Where
the Charterer is a Consumer:







should
the Charterer give written notice to the Operator
more than ten weeks before the start of the Charter
Period of its withdrawal from the Charter, no liability
for any outstanding portion of the Charter Fee will
remain (and if it and/or the Security Deposit have
already been paid, it and/or they shall be refunded)
but the Advance Payment shall be forfeit, save that
half the Advance Payment will be refunded if the
Operator re-charters the Vessel for the Charter Period
for no less than the Charter Fee. The Operator shall
use all reasonable endeavours to re-charter the Vessel
in such circumstances.




Should
the Charterer give written notice to the Operator
within ten weeks of the start of the Charter Period
of its withdrawal from the Charter the Charterer
shall remain liable for all payments due to the Operator
prior to and unpaid at the date of the cancellation,
save for in the circumstances envisaged in Clause
6.3.




If
prior to the commencement of the Charter Period the
Operator gives notice to the Charterer of cancellation,
the Charterer shall be entitled to repayment without
interest of all sums paid by him to the Operator and
shall in addition be entitled to a sum equivalent to
50% of the Advance Payment in liquidated damages.







Notwithstanding
the Operator's right to receive or retain all payments
referred to in Clauses 6.1 and 6.2.2 above, the Operator
shall be under a duty to mitigate his loss and in the
event that the Operator is able to re-charter the Vessel
for all or part of the Charter Period, the Operator will
give credit for the net amount of charter hire arising
from the re-charter after deduction of all commissions
and other consequential expenses arising from such re-charter.
The intention is that the Operator shall receive the
same in net proceeds from any re-charter as would have
been received under this Agreement. The Operator shall
use all reasonable endeavours to re-charter the Vessel
and shall not unreasonably withhold his agreement to
re-charter, although charters which may reasonably be
considered detrimental to the Vessel, its reputation,
or its schedule may be refused.




If
prior to the date of cancellation the Vessel has taken
on provisions for the Charter, then the Charterer shall
reimburse these expenses unless all or part can either
be refunded by the supplier or transferred to the next
charter, in which case such expenses shall be adjusted
accordingly. The Operator shall be under a duty to mitigate
these expenses where possible.

General

References
herein to a "Consumer" means any Charterer
who is a natural
person and is acting for purposes which are outside
his trade, business or profession.




Prior
to handover the Operator may require a seatrial of
up to one hour’s duration and if the Operator
is not reasonably satisfied as to the ability of the
Charterer and his party to handle the Vessel safely
it may terminate this Agreement as if the Charterer
had given written notice of withdrawal at this time
and the provisions of Clause 6.2.2 shall apply.




The
Operator shall have the right to restrict the Cruising
Limits in the light of the experience of the Charterer
and members of his party, and/or the actual or anticipated
weather conditions.




Save
as otherwise provided in the terms of business of the
Operator, and subject to the statutory rights of the
Charterer if contracting as a Consumer, the provisions
of this Agreement shall exhaustively and exclusively
govern the rights and obligations of the parties.




This
Agreement is subject to English law. In the event of
a dispute arising under this Agreement, the parties
agree to use reasonable endeavours to resolve such
a dispute by negotiation and, if such negotiation fails,
to consider referring the dispute to alternative
dispute resolution under the dispute resolution procedures
adopted from time to time by the British Marine Federation.
Save as aforesaid, in the case of a Charterer
contracting otherwise than as a Consumer, any dispute
arising under this Agreement shall be submitted to
the exclusive jurisdiction of the Courts of England
and Wales; in the case of a Charterer contracting as
a Consumer, any dispute shall be submitted to the non-exclusive
jurisdiction of the Courts of England and Wales.




If
any provision of this Agreement is held by any court or
other competent authority to be void or unenforceable in
whole or part, this Agreement shall continue to be valid
as to the other provisions thereof and the remainder of
the affected provision.

THE
PARTIES ACKNOWLEDGE that they have read and understood
the terms and conditions above and have caused
this Agreement to be duly executed the day and year first
above written.

Signature
of charterer

Acceptance
of Chartercompany