SmartBoating Yacht Charter Agreement

Yacht Charter Agreement Terms and Conditions

• 1. VESSEL CHARTER

1. If the Hirer gives written notice which is received by smartboating thirty days prior to the said date of commencement, that the Hirer wishes to cancel the charter and this agreement then the same shall be cancelled and smartboating will refund all monies paid less $150 incl GST cancellation fee.


2. If the Hirer gives notice which is received by smartboating less than 30 days but more than 7 days prior to the said date of commencement, that the Hirer wishes to cancel the charter and this agreement then the same shall be cancelled and the Hirer will forfeit the deposit paid. Any variation to this condition is at the sole discretion of smartboating.


3. The Hirer becomes liable for payment of the full charter fee 7 days prior to the date of commencement.


4. If the Hirer gives notice which is received by smartboating 7 days or less prior to the date of commencement, that the Hirer wishes to cancel the charter and this agreement then the same shall be cancelled and the Hirer will forfeit the full charter fee. Any variation to this condition is at the sole discretion of smartboating.


5. Inclement weather is not regarded as sufficient reason for cancellation. However, smartboating will cancel a charter if the Bureau of Meteorology forecast a Gale Warning or stronger winds for Pittwater Closed Waters during the duration of the charter or conditions are deemed by smartboating as unsuitable to undertake the charter. In this incidence paid charter funds will be held in credit for a period of 3 months with smartboating during which time the Hirer must reschedule on the same charter vessel.



• 2. SECURITY DEPOSIT

1. The Hirer will Lodge a Security Deposit with smartboating prior to commencement of the charter by means of a credit card imprint.


2. The credit card imprint will be destroyed by smartboating within 14 days of return of the charter vessel.



• 3. DELIVERY

smartboating

1. will present the Vessel in good condition with all necessary gear, supplies and equipment (including full supplies of fuel, water and gas) at the commencement of the charter at the agreed point of collection.


2. may substitute the Vessel with an alternative vessel should the Vesel become unavailable due to unforseen cicumstances providing the alternative vessel is of a similar size and standard.


3. may require the Hirer and the Crew to demonstrate their competence in handling and navigating the Vessel and if unsatisfied may place (at the expense of the Hirer) a Sailing Assistant/ Skipper on the Vessel.



• 4. THE HIRER

1. by accepting the Vessel thereby acknowledges that delivery has been duly made;


2. shall be entitled to a pro rata refund of the Charter Fee for each complete three hours delay in providing a suitable vessel;


3. may cancel the Agreement and receive a refund of the payments made under Clause 1.1 if provision of a Vessel is no made within 12 hours of the booked Charter Date. Repayment (under this or the previous paragraph) will extinguish the right of the Hirer to compensation from smartboating.





• 5. TERMINATION OF CHARTER

If smartboating considers the actions of the Hirer or any Crew member to be endangering the Vessel, it's occupants, or any third party. smartboating may terminate the Charter at any time and retain the Charter Fee.




• 6. OBLIGATION OF HIRER

The Hirer shall

1. Be responsible for the Vessel at all times during the Charter Period;


2. Not sub-let or part with the control of the Vessel;


3. Appoint a Skipper to ensure the responsible handling and navigation of the Vessel (exercising all due reasonable care and skill) at all times;


4. Ensure the Skipper is not under the influence of intoxicating liquor or drugs whilst the vessel is underway;


5. Ensure that no animals, firearms, gas lamps or stoves are carried on board the Vessel without the written consent of smartboating;


6. Use the Vessel for private pleasure cruising and no other purpose;


7. Not sail the Vessel outside the Cruising Limits "Cruising Limits" described in the Chart provided by smartboating Group,


8. Ensure that the Vessel is anchored between sunset and sunrise;


9. Obey any reasonable directions of smartboating the Rules of Sea and all Regulations of port, harbour or other authorities to which the Vessel becomes subject;


10. Other than mooring buoys the Hirer undertakes not to bring the vessel alongside any wharfs, jetties, piles or pontoons, or fixed installations or to raft up the vessel fixed overnight with other vessels;


11. If the Hirer is reported to have disregarded items 1-9 above, automatic forfeit of the security bond takes place.


12. Shall bear all running expenses of the Vessel during a Charter Period and be liable to pay:
    
    
    • the costs of rescue and salvage;
    
    
    • any fines, penalties and costs imposed by any competent authority or court for any breach of law or contract committed by the Hirer or a Crew member during the Charter Period;
    
    
    • any tolls, levels or charges imposed by any authority for the use of facilities under its control;
    
    
    • Interest at the rate of 18% per annum on any monies due to smartboating pursuant to this Agreement, which remain unpaid for more than seven days after demand, has been made by smartboating.



• 7. INSURANCE AND DAMAGE

smartboating shall insure the Vessel against fire and the usual marine and collision risks (including third party and passenger liability) within the Cruising Limits.

1. Hirers use the vessel at their own risk. The Hirer accepts liability to any loss or damage to the Yacht or any third party, death or any personal injury or any other loss of any nature suffered by the Hirer or any Crew member, arising in connection with the Charter and shall indemnify smartboating and the vessel owners in respect of any claim arising there from. The Hirer agrees not to contravene any items of which he has been advised with regard to the insurance policy.


2. Any excess in connection with the said policy may be debited by smartboating against the security deposit.


3. The Hirer will notify smartboating whenever any damage or loss occurs as soon as practically possible. The Hirer will not try to effect repairs beyond those necessary to avoid further damage to the Vessel or danger to the Crew, without the consent of smartboating. smartboating shall take all reasonable steps to promptly effect any necessary repairs to the Vessel.


4. Should the Vessel breakdown or become unseaworthy or a total loss, a pro rata refund of the Charter Fee will be made for the period until the Vessel is repaired or a suitable alternative Vessel is provided, PROVIDED THAT the Hirer or any Crew member has not caused or contributed to that breakdown or loss. The Hirer will not be entitled to any other compensation in respect of any breakdown, loss or consequential loss to the Hirer. Engine breakdown in an Auxiliary Yacht does not make the Yacht unnavigable.


5. If the Hirer or a Crew member has contributed to such breakdown or loss, the portion of the Charter Fee applicable to the remainder of the Charter Period will be deemed to form part of the security Deposit.



• 8. RETURN

The Hirer will return the Vessel to Bayview in a clean and tidy state upon conclusion of said Charter Agreement.

If the Hirer fails to return on the agreed date the Hirer shall pay (as applicable)

1. addtional fees as applicable based on the published charter rates for the Vessel


2. the daily rate shall be a minimum of total fee divided by the number of days of hire on the agreement


3. pay all losses incurred by smartboating due to late return, and


4. pay any repair, replacement or cleaning charges required to restore the Vessel (ordinary wear and tear excluded) to its condition upon return.


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