BAREBOAT CHARTER AGREEMENT To be signed and returned to Keppel Bay Marina with deposit payment to secure booking Keppel Bay Marina ROSSLYN BAY Q 4703 [email protected]
freecall 1800 33 62 44 fax 07 4933 6770
Between KEPPEL BAY ESCAPES (Keppel Bay Escapes hereinafter referred to as the operator) and charterer
hereafter referred to as the charterer.
address phone e-mail Pax vessel from
charter $ total
• • • • • •
# days 20% deposit to secure booking full payment due 30 days prior to departure $500 security bond to be paid prior to departure (may be held for upto 14 days) EMC $5 per person/day for first 3 days fuel per engine hour to be paid on completion of charter early briefing surcharge $75 may apply for briefings day prior to departure
port of departure and return Keppel Bay Marina, Rosslyn Bay, Yeppoon.
Current Rates prices incl GST & subject to change without notice Vessel
2 Days 1 night
3 Days 2 nights
Fuel/ engine hr
$8 X 2
TRIP CANCELLATION INSURANCE IS STRONGLY RECOMMENDED CHARTER FEES WILL NOT BE REFUNDED in the case of cancellation due to strong wind warning - see 16 below
OFFICE USE ONLY
deposit (20%) final payment total paid
TERMS AND CONDITIONS 1. TERM AND RENT The operator agrees to let and the charterer agrees to charter and take for fire the vessel for charter period and for the charter fee stated above. A deposit as stated above shall be paid on the signing of this agreement and the balance of charter fee as stated above shall be paid at least 30 days prior to the commencement of the charter period. 2. CANCELLATION In the event that the charterer cancels this agreement by notice in writing received by the booking agent, at least 30 days prior to the commencement of the charter period, $100 will be forfeited as a service fee. If less than 30 days notice of cancellation is given the full charter fee shall remain due and payable and will not be waived or refunded unless the operator is able to obtain an alternative booking for the same charter period. 3. DEPARTURE The operator agrees to provide the vessel at Keppel Bay Marina in full commission and in proper working order, outfitted as a vessel of her size, type and accommodation , with full equipment inclusive of that required by law and fully furnished including galley utensils, blankets, linen and towels; staunch, clean and in good condition throughout and ready for service; and agrees to allow demurrage pro-rata to the charterer for any delay in delivery. The charterer certifies that he will examine the vessel before departure and by accepting the vessel shall be deemed to have satisfied himself that the vessel is staunch and strong and properly outfitted for a vessel of her type, size and accommodations. Should it be impossible for the operator to make delivery at the time stated above causes beyond the control of the operator and should such delivery not be made within 24 hours thereafter, then this agreement may be cancelled by the charterer and all charter monies paid advance shall be returned to the charterer. The operator shall then have no further liability to the charterer beyond such refund. Should the charterer not be present or not be ready to accept delivery of the vessel, for whatever reason, at the time stated above the commencement of the charter period, the operator reserves the right to set the time of delivery within a 24 hour period thereafter. The charterer shall be responsible for the vessel except, if at the charterer’s request, or if the operator, at its option, requires a sailing guide on board the vessel to supervise the charterer if in the operator’s opinion the charterer and his party are deficient in number, training, experience or ability to undertake the proposed cruise, such supervision to be a period to be determined by the operator. The sailing guide shall be the sole responsibility of the charterer and the charterer shall pay the operator for the sailing guide rate currently listed by the operator. The charter period commences with the area briefing and boat familiarization or sail orientation. 4. CHARTERER’S AUTHORITY FOR CREW At the commencement of the charter period the operator shall relinquish his possession, command and navigation of the vessel to the charterer and full authority regarding the management of the vessel and its crew of members of the charter group and their guests shall thereupon be transferred to the charterer for the period of this charter. It is further agreed that although the charterer shall have possession, command, navigation and full control over the vessel, if a sailing guide is required by the operator as hereinafter provided, the operator shall rely upon the sailing guide for the safe navigation of the vessel, and the sailing guide is to be sole judge as to whether it is reasonable or prudent to sail at any given time, having regard to the state of the weather, and the surrounding circumstances, and also as to whether any specified anchorage is reasonably safe. Subject to the above, the sailing guide will obey all reasonable orders of the charterer and will do his best to sail the vessel such safe parts and places as the charterer may desire to visit providing that the vessel can at all times and places always lie safely afloat at any tide. 5. LIMITATIONS ON USE The charterer agrees to restrict the cruising of the vessel to the hours from 0700 to 1600 unless authorized by the operator. The vessel shall not be sailed outside the sailing area as specified by the Queensland Transport on the Certificate of Registration of the vessel at the time of charter. The charterer agrees that the vessel shall be employed exclusively as a pleasure vessel for the sole proper use of members of the charter group, his family, guests and during the term of this charter and shall not transport merchandise or carry passengers for pay, or engage in trade nor in anyway violate the laws of government within jurisdiction of which the vessel may be at any time, and shall comply with the law in all other respects. The charter agrees not to carry on the vessel more than the specified number in the party and not to exceed the survey requirement. No goods, documents or drugs shall be carried which would involve risk of seizure, capture or repatriation of the vessel by any government. The charterer agrees not to permit any other party, except competent members of his charter group while he is aboard, to operate the vessel unless the written permission of the operator is obtained in advance. 6. SERVICE CALLS The operator agrees to supply the vessel and associated equipment in proper working order. In the event of damage to or malfunction of the vessel or its equipment deemed by the operator by the operator to be vital to the safety of the vessel or its passengers, the operator will endeavor to reach the vessel with a service call at the earliest opportunity. In the event or damage to or malfunction of the vessel’s associated equipment in circumstances beyond the control of the operator and which is deemed by the operator not vital to the safe passage of the vessel or its passengers such as but not limited to the outboard motor, refrigeration or sails, the charterer agrees to proceed to the nearest point recommended by the operator where appropriate repairs or replacements, where possible, may be made.
7. LIMITATION ON LIABILITY Subject to clause 8 hereof, the operator and its insurance underwriter shall not be liable for any property loss or damage or personal injuries or indirect special or consequential damages sustained by the charterer or any member of the charter party or any third party whether such property loss or damage, personal injury or indirect special or consequential damages shall be caused by or arise from negligence or unskilfulness of the operator or any servant or agent of the operator or howsoever otherwise occurring, notwithstanding the foregoing, this agreement shall be subject to any implied warranty under the Trade Practices Act, 1074 (as amended) if and to the extent that the Act is applicable to this agreement and prevents the exclusion, restriction or modification of the warranty. 8. INSURANCE The operator shall ensure that the vessel and the charterer is insured against hull and machinery risks, collision liability risks and protection and indemnity risks as stated in the policy customarily obtained by the operator for the term of this charter as protection against any loss or damage which may occur to be occasioned by the vessel during the charter period. Any excess or deducted under the policy may be deducted by the operator from the security bond. 9. ACCIDENT In the event of any accident, loss, breakdown or disaster the charterer shall give immediate notice to the operator of the same and shall not except to the extent necessary to avert or minimize a loss of the vessel, authorize or undertake repairs without prior authorization of the operator. The charterer shall be responsible for the costs and consequence of any authorized repairs. The charterer shall make no admission of liability to any party and no refund shall be made in respect of any claim arising out of such accident, loss, breakdown or disaster. 10. RUNNING COSTS The charterer shall pay all pilotage, towage, customs and running expenses for himself and his party. 11. SECURITY BOND Prior to taking possession of the vessel the charterer shall lodge a security bond of $500 on credit card. The security bond will be credited, less charges for loss or damage or excess cleaning costs (if any) within 14 days of completion of the charter. 12. INVENTORY AND RETURN The vessel shall be delivered to the charterer with fuel and water tanks topped up. Extra fuel and water can be arranged by contacting the operator. At the time of delivery the charterer agrees if requested by the operator, to sign a Certificate of Inventory and upon return will attend to the checking thereof with an agent or servant of the operator and to counter-sign the Certificate of Inventory forthwith after such checking. Any lost or damaged item of inventory may be debited against the security bond. If the operator elects not to require the signing of the Certificate of inventory at the time of return, its right to debit lost or damaged items will not thereupon be waived. The charterer shall keep the vessel in good running order and condition, and in substantially the same condition as when received from the operator, reasonable wear and fear and ordinary depreciation only excepted. The charterer agrees to surrender the vessel at the expiration of the charter or earlier termination of the charter at the port of return stated above, free and clear of any indebtedness which may have incurred for his account during the term of the charter and in as good condition and in as clean state as when delivery was taken, fair wear and tear from ordinary use excepted and having properly cleared Customs. The charterer is responsible for allowing sufficient time for unforeseen contingencies to permit his return at the time and place stated above for return. Should the charterer not make return of the vessel at the time and place stated above, for whatever cause, he shall pay demurrage pro-rata to the operator for the time that such delivery is delayed plus any losses that the operator may have sustained due to the delay of delivery in not being able to meet his charter agreement with other charterers, as well as expenses incurred in the return of the vessel to Keppel Bay Marina. 13. NON ASSIGNMENT The charterer shall not assign or sublet his interest in the vessel without the prior written consent of the operator. The operator may assign its right to payment under the charter. 14. COMPETENCY AND CREW The charter represents and warrants that the answers given on the Boating Experience Questionnaire are true and that no information likely to influence a prudent assessment of the charterer’s boating ability has been withheld. The charterer further warrants and represents that he is fully competent to take possessions, command, navigation and manage the vessel and its crew or members of the charter group and their guests and that all members of the charter group are accurately listed on the boats booking form. 15. RADIO The charterer will contact the operator’s base on VHF channel 21 at such time as the operator may in its discretion stipulate on each day of the charter period and furnish details of the position of the vessel. In the event that the charterer fails to so notify the operator, then the charterer shall be responsible for any costs or expenses incurred by the operator in searching for the charterer, including but not limited to the hire of aircraft. 16. RETENTION AND RECALL If the operator considers at any time and from time to time the weather is unsafe for sailing then the operator shall have the right to retain the vessel, at or recall the vessel to a mooring the operator deems suitable. The operator shall not be liable to refund any charter or other monies paid by the charter owing to recall in inclement weather conditions. Appropriate holiday insurance is advised. The operator shall have the right, at its discretion, to repossess the vessel at any time during the charter period if in its opinion the vessel is being improperly or incorrectly sailed, managed or controlled so as to imperil the safety of the vessel or its occupants or if it is being navigated or controlled in a manner dangerous to other vessels, property or life.
17. INDEMNITY The charterer hereby agrees to indemnify, reimburse and hold the operator harmless from and against any and all claims, losses, liabilities, demands, suites, judgements, or cause or causes of action and all legal proceedings whether civil or criminal, penalities, fines and other sanctions and any costs and expenses in connection therewith which may result from or arise in any manner out of the management, control, chartering, encumbering, use or operation of the vessel by the charterer or the failure of the charterer to comply with terms of this agreement. No claim of whatsoever nature shall be brought against any servant or agent of the operator by the charterer or any of the family or guests of the charterer and the charterer hereby agrees that the operator shall be entitled to indemnity any person against whom such claim is brought and that he will indemnify the operator in request of any amount paid by the operator in respect of such claim. 18. SUB-CONTRACTORS The charterer hereby authorizes the operator (if it should think fit to do so) to arrange a sub-contractor or sub-contractors for the provision of any services the subject of this agreement. Any such arrangement shall be deemed to be ratified by the charterer upon provision of the said services by such sub-contractor or sub-contractors who shall thereupon be entitled to the full benefit of the terms and conditions of this agreement to the same extent as the operator. In so far as it may be necessary to ensure that the sub-contractor or sub-contractors shall be so entitled the operator shall be deemed to enter into this contact for its own benefit and also as agent and trustee for the sub-contractor or sub-contractors. 19. APPLICABLE LAW This agreement shall be governed by the laws of the Commonwealth of Australia and ay dispute arising hereunder shall be referred to and heard by the Courts of the State of Queensland.
20. TRIP CANCELLATION INSURANCE The charterer acknowledges that the operator has requested that suitable trip cancellation insurance be effected to cover the charter in the event of a cancellation. In witness whereof the parties have signed this Agreement on the date first above-written.
SIGNED by the Charterer
Please print name
In the presence of
Please print name
SIGNED on behalf of the Operator
Please print name
In the presence of
Please print name