Сharter in Turkey
CHARTER OF YACHTS.
The contract on rent (charter) of the yacht consists between the charter company, on the one hand, and the tenant of the yacht, or intermediary agency, on the other hand.
1 . General terms of the contract and payment of this contract.
1.1 .The charter price will be payable as follows:
1/2 at closing prepayment, in 7 days after signing the contract
1/2 have to be on charter company’s account 45 days before start the charter.
If a charter is less than 45 das from the charter start date, a 100% deposit is required.
1.2 . The charter company has the right to cancel the contract within 7 days from the date of its signing in case of approach of force majeur circumstances and is obliged to return at once all payments the yachts made by the tenant.
1.3 . In case by the time of the charter beginning into the account of the charter company the overall cost of a charter doesn't arrive, the tenant of the yacht can pay the missing sum cash money on charter base, prior to yacht acceptance. Any commissions of bank arising at payment of account, have to be paid by the tenant of the yacht. At not to full payment of a charter of the yacht, the charter company has the right to refuse granting the yacht.
1.4 . The yacht is insured from a civil liability and damage on the case, with the franchize of €2000 that is the returnable deposit. The returnable deposit is paid on charter base by cash money. The sum of the deposit will be returned completely to the tenant of the yacht after the charter termination if the yacht is returned without damages. At yacht rent for participation in a regatta, the sum of the returnable deposit can be increased.
1.5 . The sum at which yacht damages which don't become covered by an insurance are estimated, have to be paid by the tenant of the yacht.
1.6 . In case the tenant of the yacht has no opportunity to use the yacht according to the charter contract, it is obliged to notify in writing on it the charter company. Money will be returned to the tenant of the yacht the following way:
- More than 12 weeks before the charter - the entire amount will be fully refunded;
- From 6 to 12 weeks - advance payment will not be returned, except rebooking period (the boat can be taken at any time);
- Less than 6 weeks - no refund.
In any case if the reservation is cancelled will be charged 10% of the total amount
2 . The charter company is obliged.
2.1 . The charter company is obliged to transfer the yacht to the tenant of the yacht ready to cruise, namely: pure, with a full fuel tank, with the serviceable equipment and stock. The beginning of acceptance of the yacht – Saturday 17:00.
2.2 . If the charter company owing to any circumstances can't submit the reserved yacht to the tenant of the yacht within the specified terms, it is obliged to provide similar according to characteristics and cost the yacht.
3 . The tenant of the yacht is obliged.
3.1 . The charterer, or the shipmaster appointed by the charterer, assures that he/she has sufficient naval knowledge and experiences to master the yacht in open waters, and he/she further assures the he/she holds sailing licences
3.2 . The charterer shall provide the passports of all persons participating in a turn (crew) no later than 30 days before the beginning of charter. All crew members will be considered a vicarious agents.
3.3 . It is obliged to possess necessary skills and to have the document, allowing to operate this type of yachts, or to appoint the captain, satisfying to these criteria. Otherwise the charter company has the right to terminate the contract and to hold an overall cost of a charter, or to provide the qualified skipper, whose services are paid by the tenant of the yacht separately.
3.4 . To observe laws of those countries, in whose territorial waters he will be, declare arrival/departure to authorized officials.
3.5 . Not to transfer to a charter the yacht to the third parties, not to use the yacht in the purposes forbidden by the law, not to take aboard foreign persons, not to transport the forbidden and dangerous freights.
3.6 . Without the written notice charter, the company not to leave the region of passing of cruise.
3.7 . To maintain purity on the yacht. To contain the equipment and stock in working condition.
3.8 . To keep the logbook in the simplified form. In advance to receive all information necessary for cruise, namely: prevailing winds and currents, sea level changes at a strong wind, depths and so forth.
3.9 . Not to leave port at the wind forecast more than 6 points on "Beaufort's" scale
3.10 . To return the yacht on charter base no later than 17:00 hours on Friday in good repair, with all serviceable equipment and stock, with an empty fecal tank and a full fuel tank. Otherwise, expenses will be withheld from the deposit sum.
3.11 . At emergence of any emergency situation: damage, collision, accident and so forth, the tenant of the yacht is obliged to notify immediately the charter company in any available way. To prepare the written official report about happened and to certify it at the chief of port or the doctor assisting.
3.12 . If necessary unmooring the yacht to do it by only own mooring rope, or to notify the charter company and to receive the instruction on further actions.
3.13 . At acceptance of the yacht to check stock and equipment existence according to "An inventory leaf".
3.14 . At detection of shortcomings of stock or the equipment, at once to tell to the manager of the charter company and to make a mark in an inventory leaf.
4 . Control of a condition of the engine, tryumny spaces and elimination of malfunctions.
4.1 . In case of detection of malfunctions which can be eliminated with improvised tools available onboard, team and the captain are obliged to eliminate them. The cost of small repairs to €500, will be compensated by the charter company, when providing documents on payment. All replaced details have to be kept and transferred on base to the representative of the charter company.
4.2 . The tenant of the yacht is obliged to check daily level of oil and cooling liquid in the engine, and also availability of water in tryumny space. The engine damages, caused by an overheat, doesn't become covered by an insurance and it will be paid by the tenant of the yacht. The engine shouldn't be used at a list yachts more than 100-120 since at such list intake of oil and cooling liquid doesn't function.
5 . Cancellation of a charter or compensation of cost of a charter in case of a delay of granting or detection of defects of the yacht.
5.1 . In case the charter company can't submit the yacht within the terms specified in the contract, the tenant can terminate the contract during the first 24х hours since the beginning of a charter and receive an overall cost of a charter.
5.2 . If the tenant of the yacht doesn't refuse yacht rent, he has the right to demand cost compensation in proportion to delay time. No other claims of the tenant of the yacht will be accepted.
5.3 . Damages of the yacht or its equipment which don't interfere with yacht operation, can't be the cause for refusal of a yacht charter, and respectively, won't be compensated financially.
6 . Responsibility of the charter company.
6.1 . The charter company bears responsibility before the tenant of the yacht only if it is established that the damage is caused as a result of negligence of the charter company and only in a size not exceeding charter cost.
6.2 . The charter company doesn't bear the damage liability, received as a result of inaccuracy of the additional sea equipment, such as: sea charts, sailing directions, compass readings, radio navigational equipment and so forth.
6.3 . If use of the yacht became impossible in a consequence of actions of the tenant of the yacht and whether third parties, the complaints of the tenant of the yacht for compensation won't be reviewed.
7 . Responsibility of intermediary agencies.
The agency bears responsibility only for intermediary services and for intended evasion from the duties.
8 . Tenant's liability of the yacht.
8.1. Checkout of the ship has to be accomplished at the port of resitution at the scheduled time, not later when 17:00.
8.2 . The tenant bears full responsibility before the charter company for the actions or inaction which led to emergence of claims, private or criminal, to the charter company from the third parties, and also for all expenses which have arisen in this regard.
8.3 . In case the tenant of the yacht leaves the yacht not in a place of delivery of the yacht specified in the contract, all expenses on yacht delivery by sea or by land in the specified place will be at the expense of the tenant of the yacht.
8.4 . If the tenant of the yacht handed over the yacht after term, contractual, it is obliged to pay to the charter company compensation.
8.5 . The tenant of the yacht bears a liability for any damage which isn't covered by an insurance, including for the damage which has resulted negligence of the tenant of the yacht, or as a result of non-compliance with terms of the contract.
8.6 . If at delivery of the yacht of the charter company damages are found, the cost of these damages will be withheld from the deposit. If the sum of damages exceeds deposit cost, the difference has to be paid by the tenant of the yacht immediately cash money. The full sum of the deposit comes back to the tenant of the yacht at the time of yacht delivery, at total absence of damages.
9 . Other conditions of the agreement.
9.1 . Extensions of term of rent of the yacht probably only on condition of coordination with the charter company.
9.2 . In case of mistake detection at calculation of cost of rent of the yacht, errors are eliminated immediately. Such correction has no impact on other terms of the contract.
10 . The judicial claims, the applied right.
All claims and the disagreements following at performance of the present contract, will be considered according to laws and the applied right of the country in which the charter company is officially registered.