Terms and Conditions
1. AGREEMENT TO LET AND HIRE
The OWNER agrees to let the vessel to the CHARTERER and not to enter into any other Agreement for the Charter of the vessel for the same period.
The CHARTERER agrees to hire the vessel and shall pay the Charter Fee, the Delivery/Redelivery Fee, the Security Deposit and any other agreed charges, in cleared funds, on or before the dates and to the Account specified in this Agreement and accompanying invoice.
2. MAXIMUM NUMBER OF PERSONS – RESPONSIBILITY FOR CHILDREN – HEALTH OF THE CHARTERER’S PARTY
a) The CHARTERER shall not at any time during the Charter Period permit more than the maximum number of guests on board.
b) If children are taken on board, the CHARTERER shall be fully responsible for their conduct.
c) The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signature of this Agreement the CHARTERER warrants the medical fitness of all members of the CHARTERER’s party for the voyage contemplated by this Agreement.
3. CREW
The OWNER shall provide a suitably qualified Captain, acceptable to the insurers of the vessel. The OWNER shall ensure that no member of the Crew shall carry or use any illegal drugs on board the vessel or keep any firearms on board (other than those declared on the manifest) and shall ensure that the Captain and Crew comply with the laws and regulations of any country into whose waters the vessel shall enter during the course of this Agreement.
4. DELIVERY
The OWNER shall deliver the vessel at the appointed time and location for charter or shipping in a good and seaworthy condition and complying with the requirements of current law. Should there be a delay in the delivery of the vessel, due to circumstances beyond the control of the OWNER or managing agent, then the CHARTERER will be entitled to a refund of the charter fee on a pro rata basis. If the OWNER or managing agent is unable to deliver the vessel on the appointed date then the CHARTERER shall be at liberty to treat the charter as terminated and shall be refunded all monies paid. In this event the OWNER or managing agent shall not be liable to pay the CHARTERER any other compensation for any loss of whatsoever nature resulting from the curtailment or cancellation of the charter.
5. CANCELLATION/CURTAILMENT
CANCELLATION OR VARIATION BY CHARTERER
If you as the yacht charterer, wish to cancel your yacht charter, you must notify us immediately in writing. Cancellation will be effective on the date at which Maishem Ltd receives the cancellation. If you have notified us by email please follow up to check that we have received it.
In the event of having to cancel the charter, the following refunds of the Charter Fee will be:
Refund Policy
100% REFUND: More than 30 Days before departure
75% REFUND: All reservations cancelled between 30 and 14 days before departure
50% REFUND: All reservations cancelled between 14 days and 24 hours before departure
NO REFUND: All reservations cancelled less than 24 hours before departure
CANCELLATION OR VARIATION BY US
We will do our best to provide the contracted charter but occasionally it may be necessary to make a significant change to your charter. We reserve the right to make such changes should they become necessary. Most of these changes will usually be minor and we will advise you of them at the earliest possible date. We also reserve the right in certain circumstances to cancel your charter. We will contact you to discuss alternative arrangements. If we are unable to provide an acceptable alternative, or if circumstances arise beyond our control, we may find it necessary to cancel your charter. In this case we will return in full all monies paid by you.
We reserve the right to terminate without further notice the yacht charter of any charterer who refuses to comply with the instructions or orders of the company staff, whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. You and your party agree to behave responsibly and not to consume excessive alcohol or take illegal drugs, whilst on-board the charter yacht. Failure to comply may lead to termination of the charter. Upon such termination, our responsibility for your charter ceases and we shall not be liable for any extra costs incurred by you.
If in the case of bad weather, it is the skipper’s decision as to whether to cancel the charter. If the weather or sea is in any way dangerous, the captain will decide whether the charter will be cancelled. If navigating is dangerous, the charter will be cancelled. If there is calm sea conditions, but for example, it is cloudy, this is not valid reason to cancel. If the charter is cancelled, then you will be offered an alternative date or dates, or if no alternative can be agreed, you will be offered a full refund.
6. USE OF THE VESSEL
The CHARTERER shall comply, and shall ensure that his Guests comply, with the laws and regulations of any country into which the vessel shall enter during the course of this Agreement.
The CHARTERER shall ensure that no pets or other animals are brought on board the vessel without the consent in writing of the OWNER. The CHARTERER shall ensure that the behaviour of the charter party shall not cause nuisance to any person or bring the vessel into disrepute.
7. NON-ASSIGNMENT
The CHARTERER shall not assign the Agreement, sub-let the vessel or part with control of the vessel without consent in writing of the OWNER, which consent may be on such terms as the OWNER thinks fit.
8. INSURANCE & CHARTERER’S LIABILITY
a) Throughout the period of this Agreement the OWNER shall insure the Vessel with first class insurers against all customary risks for a Vessel of her size, value and type, to cover no less than is provided under the Institute Yacht Clauses 1.11.85 or other recognised terms. The insurance shall also cover War, Strikes, and Pollution and include insurance of Crew against injuries and/or Third Party liabilities incurred during the course of their employment. The CHARTERER shall remain liable for any loss, damage or liabilities arising from any act of negligence of the CHARTERER or his guests and not recoverable by the OWNER under his insurance.
b) All such insurances shall be on such terms and subject to such excess (deductible) as are customary for a vessel of this size, value and type. Copies of all relevant insurance documentation shall be available on request for inspection by the CHARTERER prior to the Charter on reasonable notice to the OWNER, and shall be carried on board the Vessel.
c) The CHARTERER should carry independent insurance for personal effects whilst on board and for and Medical or Accident expenses (including emergency transport evacuation) incurred.
d) The CHARTERER should be aware that neither Charterer’s Liability insurance nor Cancellation and curtailment Insurance are included in this Agreement.
9. BROKERS
By their signature to this Agreement the CHARTERER confirms and agrees to the following:-
a) The broker’s commission shall be deemed to be earned upon the signing of this Agreement and be payable by the OWNER on the full Charter Fee plus the Delivery Fee/redelivery Fee, if applicable, but excluding running expenses. In the event of Cancellation by the CHARTERER, the commission shall be deducted as an expense from the deposit.
b) If the CHARTERER should extend this Charter, The Broker (s) shall be entitled to and shall be paid by the OWNER, commission on the gross Charter Fee for the extension, on the same basis as provided herein.
c) The Broker (s) shall have no responsibility for any loss, damage or injury to the person or property of the OWNER or CHARTERER or any of their Guests, servants or agents, and further, the Broker(s) shall be under no liability for any errors of judgement or description or otherwise of whatsoever nature and howsoever arising and shall be under no further obligation, duty or responsibility to the OWNER or the CHARTERER save as set out herein. The CHARTERER shall hold harmless The Broker(s) for any loss or damage sustained by them as a result of any liability by The Broker(s) to any Third Party (person, firm, company or authority) arising from promoting or introducing this Charter, assisting in the performance of this Agreement or performing their duties as Stakeholder.
10. COMPLAINTS
The CHARTERER shall give notice of any complaint in the first instance to the OWNERS AGENT and note shall be taken of the time, date and nature of the complaint.
If, however, this complaint cannot be resolved at that time the CHARTERER shall give notice to the OWNER or to the BROKER on the OWNER’s behalf as soon as practicable after the event giving rise to the complaint has taken place and anyway within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing (by fax, or mail) specifying the precise nature of the complaint.
Any dispute in connection with the interpretation and fulfilment of the Agreement shall be decided by arbitration in England. Each Party shall appoint their own arbitrator and if necessary, the two arbitrators shall appoint a third arbitrator whose decision will be final and binding. This Agreement shall be construed in accordance with the laws of England.