YACHT CHARTER CONTRACT CONDITIONS
1.The right of the charter stays in property of the proprietor,
without taking into account whether the yacht was used during the chartering
time or not, and the causes of this eventual vacancy can only be justify by the
proprietor.
2. In the case the mentioned yacht could not be ready in 48 hours, maximum time,
after the dealt term due to a sudden damaged caused during the previous
charter, or as a consequence of some impediment involuntarily caused by the
proprietor, the latter holds the right to substitute the yacht by
a similar one, providing the charterer with a yacht having a
similar number of staterooms, compensating, partially, the lost time of use.
The proprietor has the right to refund the charterer.
The charterer does not have any right to an indemnity for
damages and / or prejudices.
In the case part of the equipment had been damaged or lost during a previous
charter and it would have not been possible to restore or replace it before
taking possession of the yacht, the charterer could not resign
to the contract nor diminish its validity since this loss or damage would imply
that the yacht is not in its proper state of navigation.
3.The proprietor guarantees an insurance for the yacht, with a
self participation discount, covering the charterer against
legal civil responsibility for damages to the yacht (excluding loss of parts of
the equipments or accessories) and robbery. No personal stuff is covered by the
insurance. The proprietor is not responsible for damages in
the person of the passengers while in the yacht due to accidents.
4.The proprietor delivers the yacht clean, in a perfect state
of navigation and function, fully fuelled and with a full cooking gas
container. The act of delivering is carried out with an inventory list. The
total equipment, the state of the yacht and the inventory will be checked and
confirmed by the charterer while taking possession of the
yacht.
5.The charterer is bound by this contract to keep on board only
the number of persons allowed for this kind of yacht. The charterer
binds himself to use this yacht only for sport navigation, observing and
respecting the established custom and navigation laws, excluding commerce,
professional fishing, renting, transportation, and participation in contests.
Infringing these regulations the charterer will be responsible
to the custom and navigation authorities, and could be judged, fined or
punished with a confiscation; this is also valid in the case of unconscious
culpability.
6.The zone of the charter is the Cuban territorial seas, which should not be
left by any reason. It has to be kept in mind the forbidden zone of Playa Larga
(known as Bahia de Cochinos). Under any circumstances no unauthorized person
can get on board. At night time and when visibility is not enough, navigation
should be until covering the 10 m deep line, or through the marked navigation
routes. It is not allowed to navigate at night within the reef zone. The charterer
pays a USD 6 tax per person and day.
7.The charterer is obliged to carefully observe and follow the
provided binnacle and it should be given back after finishing the use of it.
All rights allegation will be dismissed, specially the rights of compensation
for damages, if the charterer or skipper has made partial or
total omission of the binnacle.
8.Flammable substances, carburants and the port dues will be responsibility of
the charterer. During navigation the charterer
will carefully watch the required controls at the hulk, tackles and ropes of
the yacht, as well as the engine (oil level, water in the radiator, etc).
Necessary actions and previsions will be taken to keep the yacht in its most
perfect state.
9.The charterer has to come back to the departure port within
the agreed term for its return and should let it know to the encharged person.
10.The charterer has to return the yacht and its equipment in a
good state. Those objects that might have been damaged should be reported and
the losses should also be informed. The charterer will
explicitly indicate (in written form) all the damages known about. After
disembarking all personal stuff the yacht will be inspected by the encharged
person. If the state of the yacht is appropriate at the devolution act the
deposit will be refunded.
11.In case a loss or damage in the yacht or/ and in its equipments be confirmed
the charterer will have to pay for the reparation or pay a
compensation. In the cases covered by the insurance the refund will be done by
discounting from the stipulated self participation. When the yacht is not
returned on time, according to the agreed date, the proprietor
has and sustains the right to an indemnity for damages (loss of use, etc).
Devolution is valid when the yacht has been properly delivered and inspected at
the agreed port.
12.In case of a minor damage which does not impede to continue with the yacht
navigation , the charterer has to return, at least, 24 hours
before the agreed term so as to make possible the elimination or reparation of
such minor damage without delaying the use of the yacht by the next charterer
(see above loss of use)
13.The charterer is authorized to repair by his/her own,
“normal” damages (produced by abrasion or daily common use of the yacht) up to
a cost of 50 USD. Such reparations can be executed only with the consent and
advice of the proprietor, whom is accessible through the
telephone number provided in the act of taking possession of the yacht (no
reparations are allowed by unqualified personnel).The receipts and the changed
parts should be preserved.
14.In case of major damages (fire, collision, etc) and robbery, the charterer
is in the legal obligation to permit the official experts to evaluate the
situation and elaborate an act. The former is also oblige to notify the proprietor
or his representative and ask for indications. In case of robbery of the yacht
or some of its equipments, the charterer has to notify the
police. If the charterer does not fulfil these indications he/
she might have found him/ herself in the case of indemnifying all damages. What
has been previously stated is also valid for an embargo (it is indispensable to
present a copy).
15.The loss of use caused by sudden damages occurred during the term of the
chartering period does not lead to exercise the right to be refunded with part
or with the whole price of the charter.
16.Up to 14 days after having finished the charter the charterer
can execute the eventual claims, sending them in written form to the proprietor,
or the agency representing him. Such claims can only be processed after the
charterer communicates the state of the affected things provided
the yacht had been delivered at the agreed place and that it had been confirmed
in written form.
17.charterers under 18 year old are required to present a
written consent from their parents or tutors as well as their acceptance of the
conditions in this contract.
18.This contract will be compulsory to the proprietor as soon
as a prototype of the original, signed by the charterer, be
presented and when the proprietor receives the first part of
the payment. If the charterer resigned after having signed the
contract and the yacht could not be chartered by another person, the following
abrogation costs would expire:
25% from the very moment the contract has been signed.
50% twelve (12) weeks before starting the charter.
75% eight (8) weeks before starting the charter.
100% charter fare, four (4) weeks before starting the charter.
If there is a variation in respect to the chartering date on the charterer
part and the yacht cannot be chartered by another person, the right to a
reservation change will expire in a fifth (1/5) regarding the abrogation costs
mentioned above, Euros 100 minimum, plus the eventual difference between the
charter fares. With the change or abrogation of the chartering date, in case
the yacht might have been (against all odds) chartered to another person for
the originally reserved term, a Euros100 deal arrangement right would expire,
plus the cost of an eventual discount to the new charter and / or the
difference in the fare due to the different duration of the charter.
19.Havana will be the location for writing and closing this contract and it is
the competent tribunal. 20.In case some disposition or condition contained in
the present contract would have to be rescinded, the same thing would
automatically happen to the rest. No amendment of the terms of this contract
shall be binding unless reduced to writing and signed by the charterer
and the proprietor.
