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BAREBOAT CHARTER (Terms and Conditions)
M/V THE RIG
This Agreement must be read carefully. It contains important exclusions and limitations of liability. If any part of this Agreement is found to be invalid or unenforceable, then the remainder of this Agreement will not be affected and will remain valid and enforceable.
1. Definitions
In this Charter, the following terms shall have the following meanings:
“Owner” means 1474903 Alberta Ltd., the person or company registered as owners of the Yacht.
“Charterer” means the bareboat charterer and includes all crew, and does not mean a time or voyage charterer.
“Yacht” means the motor vessel THE RIG.
2. Yacht Charter Reservation
Your contract is with the Owner, 1474903 Alberta Ltd. By signing this document it means you have read and accepted the terms of this charter agreement. The party leader hereinafter referred to as the “Charterer”, will be responsible for the full cost of the charter including any insurance premiums, cancellation or amendment charges. The contract exists as soon as Owner issues an invoice. Charterer should check the details of the invoice carefully to ensure that it accurately reflects the booking and costing Charterer has requested and immediately inform Owner of any discrepancies. Owner may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and agents who, hereinafter, shall be referred to collectively as “Owner Group”.
3. Payment Terms
Schedule A- $135 an hour plus HST. (This does not include hired crew - available through agent at $40. an hour plus HST). 50% payment is due at time of booking. Balance due prior to departure.
4. Cancellation Terms
Cancellation Terms: There is a $100 non- refundable charge at time of booking. A 50% refund (minus the $100.) will be made for trips canceled one month prior to departure. A 25% refund will be made for cancellations two or three weeks before departure. No refund will be made if trip is canceled within one week of departure, unless due to extraordinary circumstances. Full refunds will be made if the skipper has had to cancel the trip due to unsafe conditions on the water. Initial
5. Delivery
Owner will deliver the Yacht to the start port on the specified start date in full commission and ready for service. Should the Yacht not be available, Owner reserves the right to substitute a similar yacht of similar length and capability. The Charterer must inspect the Yacht prior to departure to determine whether it and its ancillary equipment are in good working order, are properly outfitted with all standard safety equipment, accessories, and utensils, as well as any other requested items. Acceptance by the Charterer certifies that the obligations of Owner for delivery have been fulfilled. If Owner is unable to deliver the Yacht or a substitute within 24 hours of the delivery time specified, the Charterer may cancel this agreement and the total charter fee will be refunded. Owner may allow credit pro rata of charter fees covering periods of delay in delivery. Should the Charterer not be present or not ready to accept delivery of the Yacht for whatever reason at the specified time and place, Owner reserves the right to reset the time of delivery within a 24 hour period thereafter.
6. Drugs, Alcohol, Smoking, and Pets
Owner strictly prohibits the use or consumption of illegal drugs on its Yacht. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the Charterer and all crew accept that risk. Owner shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to, directly for indirectly, the use or consumption of alcohol or drugs, even if the property damage, personal injury or death is caused in whole or in part by the negligence of Owner. Smoking is prohibited inside the cabin and a fine will be imposed for failure to comply with this regulation. Subject to prior written approval of the Owner, pets are permitted aboard the Yacht, but will result in an additional cleanup cost. Initial
7. Running Expenses
The Charterer agrees to pay any additional running expenses during the term of the charter which have not been prepaid as part of the charter package. Such additional running expenses may include, but are not limited to, fuel surcharges for extended operations, food and other consumable stores, fuel, pilotage, mooring and dockage fees, port charges, park permits, customs and provisions, and supplies for the Charterer and their party.
8. Insurance
The Yacht is covered by a standard marine Yacht policy insuring against; (1) direct physical loss to the vessel, subject to specified deductibles, and (2) bodily injury and property damage, subject to certain conditions and limits. The Yacht Damage Waiver (YDW – protects Charterer and crew for loss or damage to the Yacht and its equipment less the specified deductible. However, Charterer and crew remain responsible for loss or damage from negligent or willful misuse of the Yacht, such as by sailing outside the permitted cruising area or daylight hours, groundings, operating the Yacht under the influence of alcohol or drugs, or failing to adhere to the rules and principles of prudent seamanship. In the event of incident or damage, the Charterer must take all reasonable steps to minimize further loss; must report the incident immediately to Owner, and must promptly report to the local authorities any damage or loss to people or other property. Failure to comply with these terms may void the insurance coverage and YDW.
9. Redelivery
The Charterer shall surrender the Yacht at the expiration of the charter at the release port specified, free and clear of any indebtedness and liens whatsoever, and in condition and clean state as when delivered (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 the return of the Yacht at the stated time. Should the Charterer not make redelivery of the Yacht at the time and place herein before stipulated for any cause, other than that occasioned by an occurrence beyond the Charterer’s control, the Charterer shall pay a charter fee pro rata for the time that such delivery is delayed plus any losses that Owner may sustain due to the delayed delivery. The Charterer shall surrender the Yacht’s equipment in as good a condition as delivered, fair wear and tear excepted. If the Yacht requires unusual cleaning, including with respect to pets, Owner may charge the Charterer accordingly.
10. Operation and Restricted Use
The Yacht shall during the charter period be in the full possession and at the absolute disposal for all purposes of the Charterer and under Charterer’s complete control in every respect. Charterer shall maintain the Yacht in good working order and condition at all times during the charter. The Yacht shall be used exclusively as a pleasure vessel for the sole and proper use of the Charterer, his or her family, guests, employees and agents, during the term of this charter and shall not transport merchandise or carry passengers for pay or engage in any trade, nor in any way violate the laws of British Columbia and Canada and shall comply with the law in all other respects. The Charterer agrees to restrict the use of the Yacht to the permitted “cruising area” as discussed with Owner. Rafting to another vessel at anchor is strictly prohibited. Operating the Yacht at night (between 30 minutes before sunset and 30 minutes after sunrise) by the Charterer is not permitted, or as approved by the Owner.
11. Non Assignment
The Charterer shall not assign this agreement or sub-charter the Yacht without the prior written consent of Owner. Owner may assign its rights to payments under the charter.
12. Competency
The Charterer certifies that he/she is experienced and competent in the handling and operation of inboard auxiliary powered vessels of the general type and size as the Yacht herein chartered and that the Charterer has a sufficient practical knowledge of seamanship, piloting and Rules of the Road. Except as otherwise may be permitted by the Owner and the Yacht’s insurer, the Charterer must possess a valid 60 tonne designation, or equivalent proof of competency. The Charterer shall not delegate any of these duties to any person not equally qualified. The Charterer agrees not to operate the Yacht single-handed and to ensure at all times a competent skipper and leading crew member are aboard except while safely moored. The Charterer shall provide proof of qualifications and competency upon the request of Owner. Owner may in its sole discretion verify the Charterer’s and leading crew’s competency at the time of the charter. Should the Charterer or leading crew be deemed less than fully competent by Owner in its sole discretion, Owner may provide for the Charterer, at the Charterer’s expense, a hired hand to assist the Charterer to achieve competency. Should a hired hand be unavailable, Owner may restrict the Charterer’s use of the Yacht to the chartering party’s occupancy of the Yacht at dock until a suitable hired hand has become available. The Charterer acknowledges that Owner does not independently investigate the competency of any Charterer to operate the Yacht, but relies solely and exclusively on the representations of the Charterer. The Charterer further acknowledges that Owner in its sole discretion may refuse to release the Yacht but this exercise of discretion shall in no way be construed as an acknowledgment or determination of the competency of the Charterer’s crew or the assumption of any liability for loss or damages incurred as a result of operation of the Yacht, for which the Charterer assumes sole responsibility.
13. Termination of Charter and Indemnity
The Charterer accepts responsibility for the proper conduct of themselves and their crew. Owner reserves the right in its absolute discretion to terminate, without further notice, the arrangements for any Charterer who refuses to comply with the instructions or orders of Owner and whose behavior or competence in Owner’s opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party or to the property. Upon such termination Owner’s responsibility for the Charterer’s charter ceases and Owner shall not be liable for any costs incurred by the Charterer.
14. Crew
If so requested by the Charterer in advance, Owner shall make available a competent skipper/guide for the Charterer. Although the Charterer shall exercise control over the Yacht, the Charterer shall depend upon the skipper/guide for the safe navigation of the Yacht and shall abide by the judgment of the skipper/guide as to sailing, weather, anchorages and pertinent matters. The Charterer shall not have the authority to discharge the skipper/guide without prior consent from Owner.
15. Miscellaneous (including Assumption of Risk and Waiver and Release)
The Charterer understands that the charter may include activities that could be hazardous to them, including activities that involve many inherent risks and dangers and that may put them at risk of serious injury, including death. The Charterer acknowledges that these risks and dangers may arise from any number of circumstances, including, without limitation, those caused by physical obstacles, sea conditions, weather conditions, mechanical defects, and failure to follow safety procedures, failure to abide by applicable legislation, and acts or omissions of third parties. The Charterer further acknowledges that there may be other hazards and other risks that may exist, that they may occur without warning, and that safety equipment, supervision, compliance with, and enforcement of rules and laws do not guarantee safety. The Charterer hereby expressly and specifically assumes the risk of injury or harm at all times during the charter. It is understood that Owner will not be liable to any person for any loss, damage, injury, or death that results from the Charterer's use of the Yacht. Owner makes no representations other than those contained in this agreement. Owner will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason whatsoever. To the fullest extent permitted by law the Charterer hereby forever releases, waives, covenants not to sue, exonerates, discharges and agrees to hold harmless Owner from any and all liability, claims, demands and causes of action whatsoever that the Charterer may have against Owner with respect to any loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the Yacht and related equipment or other inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the Yacht.
This agreement shall be construed and interpreted in accordance with the maritime law of Canada.