Terms & Conditions for Crewed Yacht Charter

SAMPLE CONTRACT
Delivery The OWNER agrees to deliver the yacht to the beginning port in full commission, in proper working order and ready for service. However, should it be impossible for the OWNER 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 CHARTERERS, the OWNER shall not be in default as long as delivery or repair is made within 24 hours. The OWNER 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 by CHARTERERS and OWNER. If delivery or repair is not made within said 24 hours, CHARTERERS are entitled to treat this Agreement as cancelled by OWNER and shall receive a full refund on a pro rata basis.
Changes in specifications From time to time the specifications of the Yacht and her equipment may change due to repairs or refurbishment of the Yacht, or the exchange of one recreational item for another.
Cancellation If the CHARTERERS cancel, all payments shall be forfeited as agreed upon liquidated damages. Refund shall be made to the CHARTERERS 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 must cancel, the OWNER shall refund all payments received from CHARTERERS and agrees to pay full commission to the BROKER except where OWNER'S cancellation is due to Force Majeur as described below.
Defaults of payment Should any instalment of charter money not be paid on the date designated, or within 7 days thereafter, the OWNER shall have the right to cancel the charter without prejudice to its rights in respect to any of the charter money.
Insurance The OWNER insures the Yacht against fire, marine and collision risks and protection and indemnity coverage for the term of the charter and therefore the CHARTERER shall be relieved of any and all liability for such loss or damage. The OWNER holds said policy of insurance but, should the OWNER fail to carry such insurance, it shall then assume the same responsibility as if the Yacht were so insured.
Broker representation The OWNER and the CHARTERERS each acknowledge that the BROKER, BEST OF BVI, is entitled to the customary and usual brokerage fees in connection with this yachting vacation, and any extensions, renewals or subsequent charters requested by the CHARTERERS for a period of two years. It is further understood that the sole function of the BROKER is solely that of arranging this vacation and forwarding monies in accordance with the Disbursement of Funds, and that the BROKER is in no way responsible for actions of the CHARTERERS, OWNER, YACHT or Captain and Crew. Further, the BROKER shall not be responsible or liable for loss, injury, death or damage to the persons or property suffered of incurred by any person in connection with this Agreement.
Disclaimer The Yacht, the OWNER, and BEST OF BVI LTD are not liable for and accept no responsibility for accidents, bodily injury or death due to watersport activities, use of the Yacht's dinghy or its outboard motor, other on-board or in-water activities, or any use of Yacht's equipment, swimming or the use of snorkels, masks or allied equipment, whether supplied by the OWNER or others, and the CHARTERER acknowledges the risks of such activities and agrees to this provision. The present insurance of the Yacht does not include protection or indemnity coverage of the CHARTERER or his guests. This coverage should be obtained by and for the CHARTERER.
Drug possession; Restricted use; Unlawful actions The CHARTERER agrees to prohibit the use or possession of any illegal drugs on board the Yacht by any members of his party and will be totally responsible for any loss or damage to the Yacht due to any violation of Customs, applicable Drug Acts or any other applicable laws. If such substances are used by or found in the possession of CHARTERER guests, the captain will put all guests ashore at the next port of call without refund of any charter fees. The CHARTERER agrees that the Yacht shall be used exclusively for pleasure purposes, and shall not transport merchandise or carry passengers for hire, or engage in any trade or in any way violate any laws of the USA or any other government within the jurisdiction of which the Yacht may be at any time throughout the charter, and shall comply with all applicable laws in all other respects.
Authority The OWNER 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 CHARTERERS and yacht, shall be final.
Charterer's responsibility & redelivery The CHARTERER agrees to allow redelivery of the Yacht, her equipment and furnishings, free and clear of any indebtedness incurred for CHARTERER'S account, at the expiration of the charter. The CHARTERER agrees to be responsible for and to replace or make good any injury to the Yacht, her furnishings and equipment, caused by himself, or by any of his party, less ordinary wear and tear. Should the CHARTERER not allow redelivery of the Yacht at the time and place stipulated, he shall (a) pay demurrage pro rata to the OWNER for the time that such delivery is delayed at the same rates as is provided herein for the charter and (b) shall be liable to the OWNER and its agents for any and all losses (including lost charter business) incurred as a result of such delay, including any reasonable legal fees. The CHARTERER agrees to indemnify and save OWNER harmless from any and all liabilities for loss or damage to third persons, occasioned by the negligence, misconduct or default by the CHARTERER, except to the extent that any such liability is covered by OWNER'S insurance described in 'Insurance' above.
Force Majeur Force Majeur means any cause attributable to acts, accidents, weather or omissions beyond the reasonable control of the OWNER 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 CHARTERERS 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 CHARTERERS at the nearest safe port. Under no circumstances will a refund be provided for cancellation due to weather.
Liens The CHARTERER has no right to permit or suffer the creation of any maritime liens against the Yacht. The CHARTERER agrees to indemnify the OWNER for any charges or losses in connection with any such liens, including any reasonable legal fees.
Additions The charter fee includes on-board food and standard bar (unless stated), Yacht cruising taxes and all expenses related to running of the Yacht, including the use of sports equipment on board, except as noted. Not included in the charter rate are costs of any Yacht delivery fees to waters not within the Yacht's charter bases' local government charterer cruising, mooring or fishing fees; dive expeditions (unless stated as included in charter rates); dockage requested by the charterer during the term of the charter; rental of sports equipment not inventoried by the Yacht; premium beverages; off-yacht excursions, meals or drinks; telephone or similar expenses incurred by the CHARTERER; purchase of any Yacht souvenirs; and optional crew gratuities, typically 10-20% of charter rate.
Arbitration All parties to this Agreement agree to submit to binding arbitration 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, one by the CHARTERERS and the third by the two arbitrators already chosen. The location of any litigation or arbitration arising from this charter or Agreement shall be determined by the OWNER, unless both the OWNER and CHARTERERS 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.

SAMPLE CONTRACT

Delivery
The OWNER agrees to deliver the yacht to the beginning port in full commission, in proper working order and ready for service. However, should it be impossible for the OWNER 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 CHARTERERS, the OWNER shall not be in default as long as delivery or repair is made within 24 hours. The OWNER 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 by CHARTERERS and OWNER. If delivery or repair is not made within said 24 hours, CHARTERERS are entitled to treat this Agreement as cancelled by OWNER and shall receive a full refund on a pro rata basis.

Changes in specifications
From time to time the specifications of the Yacht and her equipment may change due to repairs or refurbishment of the Yacht, or the exchange of one recreational item for another.

Cancellation
If the CHARTERERS cancel, all payments shall be forfeited as agreed upon liquidated damages. Refund shall be made to the CHARTERERS 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 must cancel, the OWNER shall refund all payments received from CHARTERERS and agrees to pay full commission to the BROKER except where OWNER'S cancellation is due to Force Majeur as described below.

Defaults of payment
Should any instalment of charter money not be paid on the date designated, or within 7 days thereafter, the OWNER shall have the right to cancel the charter without prejudice to its rights in respect to any of the charter money.

Insurance
The OWNER insures the Yacht against fire, marine and collision risks and protection and indemnity coverage for the term of the charter and therefore the CHARTERER shall be relieved of any and all liability for such loss or damage. The OWNER holds said policy of insurance but, should the OWNER fail to carry such insurance, it shall then assume the same responsibility as if the Yacht were so insured.

Broker representation
The OWNER and the CHARTERERS each acknowledge that the BROKER, BEST OF BVI, is entitled to the customary and usual brokerage fees in connection with this yachting vacation, and any extensions, renewals or subsequent charters requested by the CHARTERERS for a period of two years. It is further understood that the sole function of the BROKER is solely that of arranging this vacation and forwarding monies in accordance with the Disbursement of Funds, and that the BROKER is in no way responsible for actions of the CHARTERERS, OWNER, YACHT or Captain and Crew. Further, the BROKER shall not be responsible or liable for loss, injury, death or damage to the persons or property suffered of incurred by any person in connection with this Agreement.

Disclaimer
The Yacht, the OWNER, and BEST OF BVI LTD are not liable for and accept no responsibility for accidents, bodily injury or death due to watersport activities, use of the Yacht's dinghy or its outboard motor, other on-board or in-water activities, or any use of Yacht's equipment, swimming or the use of snorkels, masks or allied equipment, whether supplied by the OWNER or others, and the CHARTERER acknowledges the risks of such activities and agrees to this provision. The present insurance of the Yacht does not include protection or indemnity coverage of the CHARTERER or his guests. This coverage should be obtained by and for the CHARTERER.

Drug possession; Restricted use; Unlawful actions
The CHARTERER agrees to prohibit the use or possession of any illegal drugs on board the Yacht by any members of his party and will be totally responsible for any loss or damage to the Yacht due to any violation of Customs, applicable Drug Acts or any other applicable laws. If such substances are used by or found in the possession of CHARTERER guests, the captain will put all guests ashore at the next port of call without refund of any charter fees. The CHARTERER agrees that the Yacht shall be used exclusively for pleasure purposes, and shall not transport merchandise or carry passengers for hire, or engage in any trade or in any way violate any laws of the USA or any other government within the jurisdiction of which the Yacht may be at any time throughout the charter, and shall comply with all applicable laws in all other respects.

Authority
The OWNER 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 CHARTERERS and yacht, shall be final.

Charterer's responsibility & redelivery
The CHARTERER agrees to allow redelivery of the Yacht, her equipment and furnishings, free and clear of any indebtedness incurred for CHARTERER'S account, at the expiration of the charter. The CHARTERER agrees to be responsible for and to replace or make good any injury to the Yacht, her furnishings and equipment, caused by himself, or by any of his party, less ordinary wear and tear. Should the CHARTERER not allow redelivery of the Yacht at the time and place stipulated, he shall (a) pay demurrage pro rata to the OWNER for the time that such delivery is delayed at the same rates as is provided herein for the charter and (b) shall be liable to the OWNER and its agents for any and all losses (including lost charter business) incurred as a result of such delay, including any reasonable legal fees. The CHARTERER agrees to indemnify and save OWNER harmless from any and all liabilities for loss or damage to third persons, occasioned by the negligence, misconduct or default by the CHARTERER, except to the extent that any such liability is covered by OWNER'S insurance described in 'Insurance' above.

Force Majeur
Force Majeur means any cause attributable to acts, accidents, weather or omissions beyond the reasonable control of the OWNER 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 CHARTERERS 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 CHARTERERS at the nearest safe port. Under no circumstances will a refund be provided for cancellation due to weather.

Liens
The CHARTERER has no right to permit or suffer the creation of any maritime liens against the Yacht. The CHARTERER agrees to indemnify the OWNER for any charges or losses in connection with any such liens, including any reasonable legal fees.

Additions
The charter fee includes on-board food and standard bar (unless stated), Yacht cruising taxes and all expenses related to running of the Yacht, including the use of sports equipment on board, except as noted. Not included in the charter rate are costs of any Yacht delivery fees to waters not within the Yacht's charter bases' local government charterer cruising, mooring or fishing fees; dive expeditions (unless stated as included in charter rates); dockage requested by the charterer during the term of the charter; rental of sports equipment not inventoried by the Yacht; premium beverages; off-yacht excursions, meals or drinks; telephone or similar expenses incurred by the CHARTERER; purchase of any Yacht souvenirs; and optional crew gratuities, typically 10-20% of charter rate.

Arbitration
All parties to this Agreement agree to submit to binding arbitration 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, one by the CHARTERERS and the third by the two arbitrators already chosen. The location of any litigation or arbitration arising from this charter or Agreement shall be determined by the OWNER, unless both the OWNER and CHARTERERS 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.

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BRITISH VIRGIN ISLANDS (BVI) Crewed Yacht Charters