CHARTER AGREEMENT FORM click to download

DEFINITIONS
CHARTER - the time the vessel is hired and of which the Charterer is paying
CHARTERER - person or company paying for the Charter, the client of the Operator
CHARTERER'S GROUP - all the passengers who will take part in the Charter
MASTER - the commercially qualified person in charge of the vessel

TENTATIVE BOOKINGS
Tentative reservations will be held for up to 1 week or until another party wants to book on the same date.

DEPOSIT/CONFIRMATION OF BOOKING
A Charter will be confirmed on receipt of a minimum 50% non refundable deposit of the total vessel hire amount. (Unconfirmed bookings may be subject to cancellation after 7 days if no prior arrangement is made). In the event of bookings made within 14 days of the charter immediate payment in full is required.

FINAL PAYMENT
Full payment is to be made 14 working days prior to the charter unless otherwise negotiated. The total amount due will be calculated on total time of vessel hire, all menus for final number of guests advised and any additional miscellaneous costs.

METHOD OF PAYMENT
Cheque, bank cheque, cash or EFT.

FINAL NUMBERS
Confirmation of minimum final number of guests must be made no later than 7 working days prior to the Charter for catering and beverage menus. Within 7 days the numbers may increase, however they cannot decrease.

SERVICE OF ALCOHOL

Crew and wait staff have the responsibility and authorisation to refuse the service of alcohol to either intoxicated persons or guests under the age of 18. Please note that it is an offence for individuals to carry liquor from the vessel on disembarkation

RESPONSIBILITY OF THE CHARTERER
The Charterer is at all times responsible for the conduct of the Charterer's group.

INDEMNIFY
The Charterer shall indemnify the Operator in respect of any loss or damage to the vessel or its equipment or fittings howsoever caused by members of the Charterer's group.

The Operator is not liable for any death, loss, damage or injury to any person or property which occurs and is attributable to or associated with:

•  Failure to follow any reasonable direction given by the master or crew;
(b) Failure to comply with any of these terms or conditions;
(c) Failure to comply with any warning sign;
(d) Unreasonable or unsafe behaviour;
(e)  Wilful misuse of the equipment or facilities of the vessel;
(f) Intoxication or the use of prohibited drugs.

AGREEMENT TO LET AND HIRE
The Owner agrees to let the Yacht to the Charterer and not to enter into any other Agreement for the Charter of the Yacht for the same period.

The Charterer agrees to hire the Yacht and shall pay the Charter Fee, the Security Deposit and any other agreed charges set out in the CONDITIONS on page 1 of this agreement, in cleared funds, on or before the dates indicated and to the account specified in this agreement

DELIVERY
The Operator shall at the beginning of the charter deliver the Yacht to the Port of Delivery and the Charterer shall take delivery in full commission and working order, seaworthy, clean, in good condition throughout and ready for service with full equipment including up-to-date safety and life-saving equipment

RE-DELIVERY
The Charterer shall re-deliver the yacht to the Owner at the Port of Re-Delivery free of any debts incurred for the Charterers account during the charter period and in as good a condition as when delivery was taken.

Early Re-Delivery shall not entitle the Charterer to any refund of the charter fee.

CRUISING AREA / LENGTH OF CHARTER
The Master shall restrict the cruising of the Yacht to within the legal limits, agreed cruising area and between the allocated times. The course to be undertaken during the Charter may be agreed in advance with the Master on the occasion of the Charter; however the Charterer acknowledges that the Master has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vessel, its passengers and crew. Guests are given a 15 minute window in which to disembark after a cruise - time in excess of this is charged at an hourly rate.

MAXIMUM NUMBER OF PERSONS
The Charterer shall not at anytime during the Charter Period permit more than the Maximum Number of Guests on board. The Master can disallow guests to board if the charterer has more than the legal amount of guests allowed to be taken onboard.

If children are taken on board, the Charterer shall be fully responsible for their safety, conduct and entertainment and no member of the crew shall be held responsible for their safety or entertainment.

OPERATING COSTS
The Charterer shall be responsible for the operating costs, as specifically defined under "CONDITIONS" on Page One of this agreement, for the entire charter period for himself and his guests. Any unpaid operating costs owing at the end of a charter must be paid to the owner in cleared funds prior to disembarkation in return for a written statement giving details of the amount due and owing.

CANCELLATION BY OWNER
At anytime prior to the commencement of the charter period the owner shall be entitled, without assigning any reason; to cancel this agreement whereupon the charterer shall be entitled to a refund of monies paid as the charterer's exclusive remedy. Cancellation shall be in writing to the charterer.

CANCELLATION BY CHARTERER
a) In the event of failure of the charterer to pay the Charter Fee in the manner set herein then the owner shall be entitled to deem this agreement repudiated by the charterer and at an end and the owner shall be entitled to retain all monies paid by the charterer.

b) Without prejudice to the Owners other rights and remedies in the event the owner is able to re-let the yacht for the whole or any part of the Charter Period referred to in this agreement then the owner shall refund such part of the monies paid by the charterer after payment to the owner of all costs and expenses associated with reletting the yacht and the Charter Fee referred to in this agreement.

SALE OF THE YACHT
.  Should the Owner agree to sell the yacht after the signing of this Charter Agreement, but before delivery to the Charterer, the Owner shall immediately give notice of such sale in writing to the Charterer or via the Broker if applicable. This information shall be kept in strict confidence by all parties to the Agreement.

.  If the buyer is unwilling or unable to fulfil the charter agreement, the Owner will appoint a broker to procure the charter of a replacement yacht of similar or superior standard and condition for the charter period on the same terms & conditions. If a suitable replacement vessel is found a new charter agreement shall be prepared and this original agreement cancelled.

.  Should the Owner be unable to obtain a similar or superior yacht for the use of the charterer on the same terms as this original agreement or should the charterer reject the proposed replacement then this charter agreement shall be considered as having been cancelled by the owner in accordance with clause 8. All payment made by the charterer shall be promptly refunded.

SECURITY BOND
A security bond, if required, will be specified at time of quotation and must be paid before the commencement of the voyage, which will be refunded within seven days of the Charter, unless any of the following have occurred:

(i) loss of or damage to the vessel or its equipment or fittings, caused by members of the Charterer's Group;

(ii) Excessive uncleanliness caused by members of the Charterer's Group, given the nature of the Charter.

(iii) Unruly behaviour by members of the Charterer's Group to the extent that the Master, in his sole discretion, in the interests of the safety of the vessel and other passengers and its crew, decides that the Charter must be terminated early.

BROKERS/AGENTS
The Broker shall sign this agreement for the purposes of this clause only. By their signatures to this agreement the Owner and the Charterer both confirm and agree to the following:-

The brokers commission shall be deemed to be earned by the Broker(s) upon the signing of this agreement and be payable by the Owner on the total vessel hire only. Relocation fees, catering and beverage costs and all other additional items to the vessel hire do not attract commission.

An invoice is required for any commission payable made to Aristocon Pty Ltd.

JURISDICTION
This agreement shall be covered by the laws of the state of Queensland or of the Commonwealth of Australia as the case may require.

BREAKDOWN
If, after delivery, the yacht at any time is disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the yacht by the charterer for a period of time during the elected charter times (and the disablement has not been brought about by any act or default of the Charterer), the Owner shall allow a pro-rata extension of the Charter Period or the Charter Fee shall be repaid by the Owner pro-rata, whichever is mutually and reasonably agreed.

LATE RETURN / EXTENSION
a) If re-delivery of the yacht is delayed due to intentional delay or change of itinerary against the Captain's advice, then the Charterer shall pay forthwith to the Owners account by direct telegraphic transfer demurrage at the daily rate plus forty percent (40%) of the daily rate, and if delay in re-delivery exceeds 24 hours, the Charterer shall be liable to indemnify the Owner for any loss or damage which the Owner shall suffer by reason of deprivation of use of the Yacht or cancellation of, or delay in delivery under, any subsequent charter of the Yacht.

.  If re-delivery of the yacht is delayed due to a mutual agreement to extend the itinerary, payment of additional charter time must be settled by telegraphic transfer into the Owners account prior to disembarkation.