Bareboat Charter - viviTravels

Bareboat Charter - viviTravels

Bareboat Charter POGO 40 TERMS & CONDITIONS The Altamarea shall: 1. Deliver the charter vessel to the agreed charter base staunch, clean and in full c...

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Bareboat Charter POGO 40 TERMS & CONDITIONS The Altamarea shall: 1. Deliver the charter vessel to the agreed charter base staunch, clean and in full commission. 2. Provide a competent skipper if so requested, at charterer's expense, if a skipper is available. 3. Refuse to allow the departure of the vessel if in The Altamarea' discretion the charterer is not competent to sail unless a Altamarea approved skipper has been employed to captain the vessel for the entire charter period at the charters expense. In the case of the this decision will be made during the ‘at sea’ skipper briefing. 4. Reserve the right to recall the vessel to the base upon the forecast or occurrence of severe weather. The Altamarea may give charterer a credit certificate for use on future charters or the charter may be extended, subject to vessel availability. If charterer elects to prematurely end the charter, the charter is deemed cancelled and the cancellation policy in Details, Details will be followed. 5. For all bareboat charters The Altamarea will provide a skipper aboard the yacht for the first 3 hours of charter to ensure the charterer and their party are briefed at sea on the yachts systems and handling of the yacht. It is also mandatory for each party to have 2 competent skippers and 2 capable crew aboard all bare boat charters. 6. At the sole discretion of The Altamarea hulls, rudders and keels maybe checked by professional divers pre and/or post charter. This will form the basis for any claim with regard to damage. Charterer shall: 1. Inspect the vessel upon delivery. Acceptance of the vessel upon delivery constitutes full performance by The Altamarea. 2. Not hold The Altamarea liable to charterer for any refund of charter fees or costs, including travel expenses, should the charterer cancel the charter. 3. Pay any additional running expenses not included in the charter price. 4. Indemnify and hold The Altamarea, its insurers, affiliates and employees harmless for any death or injury arising from swimming, windsurfing, kayaking, or the use of dinghies, snorkels, masks or other equipment such as scuba equipment, the abuse of drugs, consumption of alcohol, unauthorized night sailing, or sailing in areas designated hazardous by The Altamarea. The Liability Indemnification Agreement must be signed and returned along with these Terms & Conditions. Charterer is responsible for ensuring all members of the party have signed the agreement. 5. Unless a Altamarea approved skipper has been employed to captain the vessel for the entire charter period, you should avoid sailing in areas designated hazardous; a violation will result in the forfeiture of the security deposit. Costs, expenses or damages sustained to the vessel and caused by you or your guests shall be limited to the value of the security deposit paid unless caused by the gross or willful negligence of charterer, charterer’s guest or charter party in which case charterer is responsible for the entire loss. 6. Having cleared customs, deliver the vessel at the time and place specified by The Altamarea free and clear of liens and indebtedness in the same condition the vessel was delivered to charterer less reasonable wear and tear. Any delay in delivery of the vessel may result in charterer being charged pro rata the charter fee for use of the vessel, plus consequential and incidental losses suffered by The Altamarea caused by the delay. 7. Use the vessel for pleasure only. The vessel shall not transport merchandise or carry passengers for pay without the prior written consent of The Altamarea. Charterers shall not assign this agreement or subcharter without prior written consent of The Altamarea. 8. Comply with all laws and regulations of the UE or of any other government within the jurisdiction in which the vessel may be at the time. 9. Refrain from night sailing unless The Altamarea pre-approves in writing the competence of two members of the charter party to sail at night. The Altamarea shall be held harmless to the extent information provided to The Altamarea upon which it bases its decision to allow night sailing is materially false or misleading. Landfall must be accomplished in daylight. 10. By signing this agreement, certify that he/she is competent to handle and operate the inboard auxiliary powered sailing craft of the general make and size herein chartered and that charterer has sufficient practical knowledge of seamanship, piloting and Rules of the Road, unless a Altamarea approved skipper has been employed to captain the vessel for the entire charter period. Charterer shall not delegate any duties to any person not similarly qualified. General provisions: 1.The Altamarea cannot be responsible or liable for loss, damage or theft of personal luggage and belongings. Please check with your insurance agent prior to departure to make sure you are adequately covered for any eventualities. 2.The Altamarea cannot be responsible or liable for physical damage caused to equipment rented from parties other than The Altamarea. 3.All passengers with the exception of any skipper or cook provided by The Altamarea or its affiliates are considered guests of the charterer. Charterer is responsible for the safety and well-being of charterer and all guests unless a Altamarea approved skipper has been employed to captain the vessel and such skipper is actually piloting the vessel. 4.Should either party to this Agreement violate any provisions of this Agreement or in any proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other all legal fees and costs that may be incurred, including any fees and costs associated with court ordered mediation and arbitration, or appellate proceedings. 5.This Agreement cannot be modified without the written consent of both parties hereto and the failure of either party to insist upon strict compliance with the terms set forth herein shall not be deemed a waiver of any such party's rights hereunder. 6.This Agreement shall be construed and interpreted in accordance with the laws of the state of Italy, with the exception of any admiralty or maritime claims which shall be construed under the maritime, admiralty laws of the UE. The venue for any proceedings hereunder shall lie in Milan Court Italy. Cancellation Policies: 1. 2.