Bareboat Charter Agreement Fact Sheet

Transcription

1 Bareboat Charter Agreement Fact Sheet VESSEL START & TIME RETURN & TIME CHARTERER NAME CHARTERER CHARTERER CELL PHONE CHARTERER GUESTS NAMES v. January 2018 Page 1

2 Briefing Departure Check List CAPTAIN/SKIPPER & CREW LIST: Vessel: Base location: End of charter location: Charter briefing completed Waived Cruising restrictions: Safety briefing check list completed Inventory and safety equipment: Vessel documents completed Provisions completed and paid Tanks (water) topped off Extra equipment received and paid for (SUPs kayaks, etc.) I HAVE INSPECTED AND FIND IT ACCEPTABLE FOR THE CHARTER I AM ABOUT TO UNDERTAKE. I AGREE TO ALL TERMS AND CONDITIONS AND SAFETY REQUIREMENTS. Charterer Signature: Captain (if applicable): Denison customer service contact: Date: I AUTHORIZE DENISON TO DEBIT MY CARD FOR SECURITY DEPOSIT OF $ NAME CARD NO. SEC CODE EXPIRATION PHONE FOR ANY CHARGES OR SECURITY DEPOSITS OR OTHER APPLICABLE CHARGES: CARD HOLDER v. January 2018 Page 2

3 Bareboat Power or Sail Charter Terms & Conditions DENISON ADVENTURES SHALL: 1. Deliver the charter vessel to the agreed charter base, clean and in full commission. 2. Provide a competent skipper if so requested, at charterer s expense, if so available. 3. Refuse to allow the departure of the vessel if the charterer is not competent in any way to captain the vessel. 4. Perform the charter in accordance with the briefing sheet which is incorporated herein. 5. Give charterer a credit certificate for use on future charters if there is a delay in delivery of the vessel of more than 24 hours or the charter is cancelled by Denison Adventures. 6. Place charterer on a comparable vessel should the originally booked vessel be unavailable due to causes out of Denison Adventures control. 7. Reserve the right to recall the vessel to the base upon the forecast or occurrence of severe weather. A credit certificate for use on future charters or the charter may be extended, subject to vessel availability. lf charterer elects to prematurely end the charter, the charter is deemed cancelled and the cancellation policy will be followed. CHARTERER SHALL: 1. Inspect the vessel upon delivery. Acceptance of the vessel upon delivery constitutes full performance by Denison Adventures. 2. Not hold Denison Adventures liable 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 charter price. 4. Indemnify and hold Denison Adventures, its insurers, affiliates and employees harmless for any death or injury arising from swimming, windsurfing, kayaking, the use of dinghies, snorkels, masks, or any other equipment such as scuba equipmentthe abuse of drugs, the consumption of alcohol, unauthorized night sailing, or cruising in areas designated hazerdous. Charterer is responsible for ensuring all members of the party attend safety briefing. 5. Avoid cruising in areas designated hazerdous, a violation will result in forfeiture of security deposit. Costs, expenses, or damages sustained to the vessel shall shall be limited to the $6,000 insurance deductible unless caused by the gross or willful negligience of charterer, chanerer 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 free and clear of liens and indebtedness in the same condition the vessel was delivered to charterer. Any delay in delivery of the vessel may result in charterer being charged pro rata the charter fee for use of vessel plus consequential and incidental losses suffered by the company. 7. Use the vessel for pleasure only. The vessel shall not transfer merchandise or carry passengers for pay without the prior written consent of Denison Adventures. Charterer shall not assign this agreement or subcharter without prior written consent of Denison Adventures. 8. Comply with all laws and regulations of the U.S. or any other government within jurisdiction in which the vessel may be at the time. 9. Refrain from night sailing unless Denison Adventures preapproves in writing the competence of two members of the charter party to sail at night. Denison Adventures shall be held harmless to the extent information provided to the company upon which it bases its decision to allow night ailing 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 or power craft of the general make and size herein chartered and that the charterer has sufficient practical knowledge of seamanship, piloting and rules of the road, unless a company-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. Denison Adventures cannot be responsible or liable for loss, damage or theft of personal luggage or belongings. Please check with your insurance agent prior to departure to make sure you are adequately covered for any eventualities. 2. All passengers with the exception of any skipper or chef provided by Denison Adventures or its affiliates are considered guests of the charterer. Charterer is responsible for the safety and well-being of charterer and all guests. 3. Should either party to this agreement violate any provisions of this agreement or enter into 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. 4. 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. 5. This agreement shall be construed and interpreted in accordance with the laws of the state of Florida, with the exception of any admiralty or maritime claims, which shall be construed under the maritime and admiralty laws of the United States. The venue for any proceedings hereunder shall lie in Miami-Dade County or the United States District Court for the Southern District of Florida, Miami Division. 6. This agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements to the extent inconsistent herewith. No representations or warranties not set forth herein have been offered to or made to any party as an inducement into this agreement & all negotiations are merged herewith. IN WITNESS WHEREOF, the parties hereto have executed these presents as of the date written below. CHARTERER SIGNATURE PRINTED NAME This agreement must be signed and returned to Denison Adventures in order to start your charter. Denison Adventures requests prompt return of this agreement within 14 days of your initial deposit. v. January 2018 Page 3

4 Bareboat Power or Sail Charter Agreement NAME OF VESSEL LENGTH TYPE PORT OF REGISTRY OR U.S. OFFICIAL NUMBER FLAG VESSEL INSURANCE LIMITS: HULL: PROTECTION & INDEMNITY DEDUCTIBLE PARTIES OWNER CHARTERER BROKER CHARTER PARTICULARS CHARTER PERIOD FROM: TO : HRS ON THE: PLACE OF DELIVERY PLACE OF RE-DELIVERY CRUISING AREA MAXIMUM NUMBER OF GUESTS SLEEPING ( ) AND CRUISING ( ) ON BOARD FEES: Charter Fee: Delivery/Re-Delivery Fees: Additional Payments: Security Deposit: TO BE PAID AS FOLLOWS: First Installment: Second Installment: CHARTERER SIGNATURE PRINTED NAME v. January 2018 Page 4

5 Safety Briefing CHARTERER NAME VESSEL CAPTAIN (IF APPLICABLE) CHARTERER (SKIPPER) MUST BE BRIEFED AND FULLY UNDERSTAND THE FOLLOWING ITEMS: Batteries and how to isolate them to conserve power; low battery alarm Instrument panel and its full uses VHF radio Seacocks in the hull and the position of the soft wood bungs Location of the firefighting equipment; check indicators Gas and all shutoff points and gas detector showing green Location and cleaning of bilge pump and shower pump filters Lifejackets brief visual check required by skipper, manual gas, light and whistle Operating manual Electric toilet and holding tanks and how to use them (limit paper) Head sail brief furling with locked halyard beware of halyard wrap Mainsail reeling procedure slab reeling, 3 reefs Hazards of gybing including mainsheet, boom and preventer Engines and how to operate them max revs 2,200 Calling base procedures for inquiries Main toilets, showers and the code Electrical system including panel, generator, inverter, etc. Must return the yacht to the base at the correct time It is the responsibility of the skipper to adequately brief the remainder of his/her crew The vessel will be inspected for and damage or loss of gear, upon return. All payments for items or damage must be paid for before leaving the base. Vessel will be dived within 48 hours and any damage will be deducted from your security deposit within 10 days of end of end of charter. BASE STAFF SIGNATURE DAMAGES COST SIGNATURE CHARTER/SKIPPER SIGNATURE AT CHARTER START v. January 2018 Page 5

6 End Of Charter Debriefing VESSEL CHARTERER Fuel filled Equipment stowed Garbage removed Food removed Linens bagged Charts and guild returned Rental equipment returned Below water line did you notice any problems? Hull condition OK Service required: Keel OK Service required: Rudder OK Service required: Propeller and shaft OK Service required: *FOR INTERNAL USE ONLY: Results of diver s inspection? Hull Gel coat condition OK Service required: Transom condition OK Service required: Deck Gel coat condition OK Service required: Anchors/shackles/thimbles OK Service required: Windlass/chain wheel OK Service required: Tank OK Service required: Winches/winch handle OK Service required: Hatches OK Service required: Swim ladder OK Service required: Rigging Standing shrouds, stays, yang OK Service required: Running sheets reefing line OK Service required: Halyards OK Service required: Life lines & stanchions OK Service required: Sails Standing shrouds, stays, yang OK Service required: Running sheets reefing line OK Service required: Halyards OK Service required: Life lines & stanchions OK Service required: Diesel Auxiliary Starting/idling/shifting OK Service required: Fluid levels coolant or oil OK Service required: Temperature OK Service required: Vibrations OK Service required: Did any alarm sound at any time? NO YES Refrigeration OK Service required: v. January 2018 Page 6

7 End Of Charter Debriefing, continued Electrical system Batteries OK Service required: Interior lights OK Service required: Cabin fans OK Service required: Masthead light OK Service required: Cockpit light OK Service required: Electronics VHF OK Service required: Depth sounder OK Service required: Speed/log OK Service required: Wind speed/direction OK Service required: GPS OK Service required: Autopilot OK Service required: Sound system AM/FM radio OK Service required: CD player OK Service required: Plumbing Water pump/faucets/showers OK Service required: Shower pumps OK Service required: Heads OK Service required: Sea cocks/ball valves/handles OK Service required: Hot water OK Service required: Bilge pump OK Service required: Propane Stove Burner operation OK Service required: Oven operation OK Service required: Propane operation OK Service required: Below Deck Hatches/port lights OK Service required: Cabinetry OK Service required: Latches/catches OK Service required: Pests OK Service required: Dinghy & Outboard Dinghy OK Service required: Outboard OK Service required: I, who have just completed charter aboard, attest that I have not grounded the vessel or sustained other incidents during charter. CHARTERER SIGNATURE EXPLAIN ANY ISSUES: v. January 2018 Page 7