VIEWS: 3 PAGES: 4 CATEGORY: Legal Forms POSTED ON: 7/12/2011
Hire out yachts, sailboats or other pleasure craft with this UK Skippered Vessel Charter Agreement. - This template is for a skippered charter, and the operator will supply the services of a qualified vessel master. - The skipper will be in complete control of the navigation and responsible for the safety of the vessel and her guests and crew. - The master also has the authority to terminate the charter if the party does not abide by the operator’s rules regarding use of the vessel. - Any loss or damage to the vessel, furnishings, equipment or fittings will be charged against the charterer’s security deposit. - The charterer’s party shall not do anything which might vitiate the operator’s insurance on the vessel. - The charter is responsible for paying all running expenses and provisions for the skipper, and the replacement cost of any consumables that have not been replaced at the time of redelivery of the vessel. - Provisions for cancellation or withdrawal from the Agreement for instances where the charterer is (i) a natural person, or (ii) not a natural person. The United Kingdom Skippered Vessel Charter Agreement template is in MS Word format, and is fully editable to fit your needs.
[charter company logo] [charter company address] Phone: ____________ Mobile: __________ Website: __________________ VESSEL CHARTER AGREEMENT (SKIPPERED) CHARTERER: Name: Contact Name (if company): Address: Work Tel.: City, County, Fax: Postcode: Email: Mobile: CHARTER DETAILS: Vessel: Type: LOA: ____________ m. Includes all gear and equipment on board and in any inventory attached hereto Delivery Port: Redelivery Port: Cruising Limits: Charter Period: Start Date and Time: End Date and Time: Crew: (names and experience / certificates) FEES: Vessel Fee: £___________________ Catering Fee: £___________________ Miscellaneous: £___________________ For: ________________________________ £___________________ For: ________________________________ Subtotal: £_____________________ Taxes / VAT: £_____________________ TOTAL CHARTER COSTS: £_____________________ Booking Deposit: £___________________ Due Date: PAID ________________ Damage Deposit: £___________________ Due Date: PAID ________________ Other Deposits £___________________ Due Date: PAID ________________ Paid: TOTAL DEPOSITS RECEIVED: £_____________________ BALANCE DUE: £_____________________ -2- CONTRACT TERMS AND CONDITIONS [NAME OF VESSEL CHARTER COMPANY] AND/OR ITS AGENTS AND ASSIGNEES (hereinafter “OPERATOR”) acknowledges receipt from ________________________________________________ (hereinafter “CHARTERER”) the amount set forth on the face of this Vessel Charter Agreement as a deposit for the charter described thereon. The parties hereto agree as follows: 1. CHARTER OF VESSEL OPERATOR agrees to let, and CHARTERER agrees to hire, on skipped charter, the Vessel named on page 1 of this Agreement or, if such vessel is not available due to unforeseen circumstances, a substantially similar vessel (the “Vessel”) on the date(s) and for the duration and at the rates set out on page 1 of this Agreement. 2. BOOKING DEPOSIT OPERATOR requires a booking deposit of ______% of the total charter cost to secure the Vessel for the Charter Period, which must be paid upon signing of this Agreement to confirm the Charter reservation. The booking deposit must be paid by no later than _________ (___) working days prior to the start of the Charter Period. If CHARTERER fails to pay the booking deposit by that date, OPERATOR shall make the date and the Vessel available to other clients. 3. SECURITY DEPOSIT OPERATOR may retain and apply the Security Deposit to any amount owed by CHARTERER, save that no retention shall be made in respect of liability, loss or damage occasioned by the negligence of the skipper, and provided always that such retention shall be without prejudice to the right of OPERATOR to recover any unpaid balance from CHARTERER. The Security Deposit will be refunded to CHARTERER within fourteen (14) days after completion of the charter if there is no loss or damage to the Vessel, its furnishings, equipment, or fittings caused by CHARTERER or its agents, servants, or guests, or, in the event of dispute, upon the determination of such dispute. 4. OBLIGATIONS OF OPERATOR 4.1 At the beginning of the Charter Period, OPERATOR shall deliver the Vessel to CHARTERER in good, seaworthy condition, furnished, outfitted, and ready for service for the intended purpose, and in full compliance with the MCA’s Code of Practice for the Safety of Small Commercial Motor or Sailing Vessels, or (if delivery takes place outside of the UK) its equivalent (if applicable) as approved by the appropriate authority in the country of delivery where delivery takes place, and with the minimum equipment requirements of the Marine Leisure Association (MLA). 4.2 OPERATOR shall provide an experienced and properly qualified Skipper who shall navigate the Vessel to ports within the cruising limits as CHARTERER may direct and who shall, so far as is consistent with the safety of the Vessel and her guests and crew, comply with all reasonable requests of CHARTERER. The Skipper shall, however, be in complete control of the navigation of the Vessel and shall have absolute authority with respect to matters of seamanship and safety. The Skipper shall have the right to require CHARTERER and all members of the party to comply with all reasonable orders where CHARTERER or any member of the party might otherwise endanger the Vessel or any person on board, or vitiate the Vessel’s insurance, or prevent or be likely to prevent timely redelivery at the end of the Charter Period, or otherwise be prejudicial to OPERATOR’s interests. 4.3 OPERATOR will use all reasonable endeavours to deliver the Vessel to CHARTERER at the agreed time and place for delivery but if OPERATOR fails to do so for whatever reason (including a breach of clause 4.1), OPERATOR’s liability shall be limited to a pro rata return of the Charter Fee for each 12-hour period for which delivery is delayed. If such delay exceeds 25% of the Charter Period, CHARTERER shall have the right to terminate this Agreement, and OPERATOR shall return all sums paid together with reasonable compensation for travel and accommodation costs, but shall have no further liability to CHARTERER in respect of the 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 other than by reason of force majeure, in which case OPERATOR’s maximum liability, in addition to the return of all sums paid by CHARTERER, shall be limited to an amount equal to fifty percent (50%) of the Charter Fee. 5. INSURANCE 5.1 OPERATOR shall keep the Vessel and its equipment insured on the terms of the Institute Yacht Clauses, or on comparable terms, for the full replacement value with third party liability cover of not less than £2,000,000 and subject to a policy deductible not to exceed the amount of the Security Deposit. 5.2 CHARTERER shall indemnify OPERATOR in respect of any loss of or damage to the Vessel or its equipment or any other expense or liability arising out of any act or omission of CHARTERER or any member of its party which is not for any reason covered by OPERATOR’s insurance policy. 5.3 OPERATOR and/or the Skipper shall have no liability for death or personal injury suffered by CHARTERER or any member of CHARTERER’s party unless caused by the negligence or wilful default of OPERATOR and/or the Skipper. 5.4 CHARTERER shall not do and shall not permit any member of the party to do anything which may vitiate the Vessel’s insurance or prejudice OPERATOR’s right to claim thereunder. 5.5 In the event the Vessel is damaged or disabled by breakdown of machinery, fire, grounding, collision or other cause which renders the Vessel unseaworthy and/or unusable, a pro rata credit will be given for the period during which the Vessel was unseaworthy or unusable, PROVIDED that neither CHARTERER nor any member of CHARTERER’s party caused or contributed to the damage or breakdown and provided further that OPERATOR shall not be liable to CHARTERER for any other compensation in respect of damage or breakdown, whether in respect of consequential or financial loss or otherwise, unless the damage or breakdown is caused by the negligence or wilful default of -3- OPERATOR and results in death or personal injury. In the event the Vessel is lost, damaged or disabled to such extent that the Vessel cannot be repaired within _______ days following such disability, this Agreement will be terminated at no further liability to either party, and CHARTERER will be refunded for that portion of the charter which was not completed at the time of such los
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