1. OBJECT OF THE AGREEMENT
Name of the Yacht : .............................. Duration
: .........................................
Type of the Yacht :
............................... Number of the Crew :
...........................
2. PARTIES
Herewith an agreement has been made between the undersigned Mr./Mrs.
............................................... of Tok Turizm,
Yatcilik Sanayi ve Ticaret Ltd. Sti, Bodrum, Mugla, Turkey (
hereinafter called BODEX ) of the one part and
..........................................................................
( hereinafter called the CHARTERER ) of the other part whereby it is
understood and fully agreed as follows.
3. DURATION
BODEX will charter the above mentioned Yacht between ....../ ....../
.......... and ....../ ....../ .......... to the CHARTERER. The
period concerning the preparation of the Yacht and disembarkation is
included in the charter period.
4. PAYMENT
The total amount due to BODEX is ......................... . Of this
total amount, EUR ........................... is requested as
deposit payment latest on ............................... . The
balance .................................. is to be paid by the
CHARTERER to BODEX latest on ....../ ....../ .......... .
5. DELAY IN PAYMENT
In the case of non-payment of any part of the total amount due by
the dates previously agreed, BODEX is authorised to cancel this
agreement and consider any prepaid amounts as indemnity.
6. HANDING OVER THE YACHT
BODEX will hand over the Yacht on ....../ ....../ .......... at
12.00 o'clock in ..............................harbour to the
CHARTERER afloat ready for sea with all necessary gear and equipment
in proper, running and seaworthy condition, with full crew.
7. DELAY IN HANDING OVER / TAKING OVER THE YACHT
In the case of any delay in handing over the Yacht, the CHARTERER
has the option of either to extend the charter period to cover the
delayed time if the next charter period is free, or not to pay for
the delayed period, or to cancel this agreement and be authorised to
receive all the prepayments if this delay exceeds 1/3 of the whole
charter period. The parties hereto are not liable for any indemnity
except to above. If the CHARTERER does not take over the Yacht at
the indicated date, BODEX is authorised to retain any payment made,
notwithstanding the need to prove whether the Yacht is used by the
CHARTERER or not.
8. CANCELLATION
In the case of a cancellation by the CHARTERER 60 days prior to the
departure date, 75% of the down payment will be refunded. In the
case of a cancellation 30 days prior to the departure date, 50% of
the deposit payment will be refunded. No refund will be made in the
case of shorter notice. Then BODEX has the right to find another
charterer.
9. INSURANCE
The Yacht, her equipment and the crew are insured against fire,
collision and other marine risks so that the CHARTERER will not be
responsible for any accident and losses arising therefrom. In the
case of any accident or catastrophe, the CHARTERER will give
immediate notice to BODEX or their representatives. BODEX does not
have any responsibilities for any accident or losses and damages
sustained by the CHARTERER or his guests or loss or damage of their
own properties. The responsibility of all sea sports by the
CHARTERER and his guests is under the cover of their own insurance.
10. ACCIDENTS / TO BE OUT SERVICE / TOTAL LOSS
Should the Yacht suffer any mechanical damage or fire, etc. so that
the CHARTERER cannot use it and if this exceeds the period of 48
consecutive hours, the payment for this same period will be refunded
to the CHARTERER. The charter period can be extended to cover the
repair period in case it exceeds 48 hours, by mutual agreement. In
the case of the total loss of the Yacht or damages needing more that
7 days repair, the total payment due will be refunded after the
deduction of the prorate payment for the 48 hours. The CHARTERER has
then the right to cancel this agreement. This clause is not
applicable if such loss or damage occurs through any acts, omissions,
errors of faults of the CHARTERER.
11. EXPENSES
BODEX will pay for or provide all running and harbour expenses (excluding
foreign harbours and private marina fees in Turkey and abroad),
water, fuel enough for 4 hours operation per day and crew. The
CHARTERER will pay for all food and beverages, alcoholic drinks,
water sports, mobile phone expenses etc. and personal expenses.
12. PURPOSE OF USE
The Yacht will be used only for touristic purposes. In this respect,
only the CHARTERER is responsible to comply with the regulations and
rules in validity. In case of the taking over the Yacht by the
authorities for not complying with said rules and regulations, this
agreement shall terminate immediately warranted that BODEX will
retain all her rights previously obtained. Articles, usage and
carriage of which are prohibited by the Turkish Law and pets are not
allowed into the Yacht.
13. CHARTERING TO THIRD PERSONS
The Yacht cannot be chartered to third persons unless a written
agreement from BODEX is obtained.
14. NUMBER OF GUEST
The CHARTERER cannot invite more than ........ persons unless a
written agreement from BODEX is obtained. BODEX has the right to ask
extra payment if the number of guests exceeds the above mentioned
number.
15. SAILING AREA
The CHARTERER cannot use the Yacht outside Turkish & Greek Waters.
16. REDELIVERY OF THE YACHT
The CHARTERER has to return the Yacht to BODEX on at 12.00 o'clock
in harbour in received condition, clear of all debts and
responsibilities. The CHARTERER agrees to be responsible for and to
replace or make good any injury to the Yacht, her furnishings and to
the equipment, caused by himself or by any of his party, less
ordinary wear and tear. In the case of any delay due to the
CHARTERER's actions, BODEX is authorised to duplicate the daily
charge for each delayed day. In the case of delay exceeding 3 days,
BODEX's losses due to this delay are to be indemnified by the
CHARTERER. If the Yacht is returned to BODEX before the final date,
the CHARTERER cannot ask for a rebate.
17. CHARTERER'S RIGHTS IN CONNECTION WITH THE CREW
BODEX will instruct the Captain of the Yacht to take all orders from
the CHARTERER unless the Captain decides that they are harmful for
the Yacht, the guests and the crew and will delay the return of the
Yacht. The CHARTERER has to oblige to all measures taken by the
Captain related to the safety of the Yacht, its passengers and its
crew.
18. FORCE MAJEURE
Should the Yacht not be available for delivery due to causes such as
Government prohibitions, Government's withdrawal of licenses earlier
issued, fire, flood, drought, ice hurricane, earthquake, acts of God,
insurrection, invasion, rebellion, riot, acts of public enemy,
strikes, lock-outs, commotion of workmen, war declared or undeclared,
or any other beyond the control of BODEX or any consequences
resulting therefrom, hindering, preventing or delaying the
performance of this contract, BODEX reserves the right substitute an
alternative yacht, if necessary a different type but of similar
dimensions.
19. ARBITRATION
If the disagreement du to not complying with this agreement is not
solved with the help of an Arbitrator, Istanbul Courts are
authorised to solve the problem.
20. ADDITIONAL CONDITIONS
21. This contract is valid only after the first
deposit payment. The contract will be invalid if the first deposit
payment is not made on the date specified.
The above mentioned parties and their successive heirs, testament
executors, administrators and representatives defined by the Civil
Law accept to fulfil all the conditions stated in this agreement.
....../ ....../ ..........
....../ ....../
..........
Green
& Blue Travel Yachting
:
CHARTERER :
