1. Charter Payment
1.1 Marbella Yacht Charter S.L. (“The Company”) shall let the Charterer hire the Vessel for the Charter Period for the Charter Fee (the “Charter”).
1.2 The Advanced Payment shall be paid to the Company within three days of the signing of this Booking Form/Charter Agreement. The Final Payment shall be paid to the Company no less than 60 days prior to the commencement of the charter (unless a shorter period is agreed). All monies payable hereunder are deemed due upon acceptance of the booking by the Company.
2. Security Waiver
2.1 The Charterer shall pay a Security Waiver to the Company as security against the Vessel not being returned in good condition and towards any loss of or damage to the Vessel occurring during the Charter Period which is the result of accidental, negligent or wilful damage by the Charterer and against any loss or damage suffered by the Company due to any breach of this Booking Form/Charter Agreement by the Charterer but without prejudice to any claim over and above the Security Waiver that the Company may have.
2.2 The Company may retain and apply the Security Waiver in reduction or extinction of:
a) Any liability of the Charterer to the Company howsoever the same may arise;
b) The cost of repairing any loss or damage to the Vessel, her equipment or furnishings which occurs during the Charter Period and which is for any reason not recoverable under the Vessel’s own insurance, howsoever the same may arise; and/or
c) Any liability arising from the damage caused to third party property provided that such retention shall be without prejudice to the right of the Company to recover any unsatisfied balance of such liability or cost from the Charterer.
2.3 Save as aforesaid, the Security Waiver or any balance remaining shall be returned to the Charterer within 14 days following inspection after the completion of the charter.
3. Charter Commencement
3.1 The Charter must occur during the agreed Charter Period.
3.2 If the Charterer fails to accept delivery of the Yacht within 8 hours from the commencement of the Charter Period and has not notified the Company of its intention to accept delivery later during the Charter Period, then the Company shall be at liberty to treat this Agreement as being terminated.
4. Company’s Obligations
The Company hereby undertakes as follows:
4.1 The Company will use its best endeavours to supply the Vessel to the Charterer in a seaworthy condition as stated on the Company website. In the event of the Company’s failure to comply with the provisions of this Clause, the Charterer’s damages shall be limited to the Charter Fee and the Company shall have no liability for consequential losses of whatsoever nature. The Company does not warrant the fitness of the Vessel in all conditions of weather for any particular passage within the Cruising Limits.
4.2 To use its best endeavours to deliver the Yacht to the Charterer at the agreed time and place. The Company reserves the right to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 4 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter.
5. Documentation
The Company shall provide all necessary documentation for the Vessel in accordance with the regulations for the time being in force under the Customs and Excise or other Acts and any amending statute, and ensure that the Vessel is provided with the necessary papers.
6. Insurance
6.1 The Company shall ensure the insurance of the Vessel and her equipment under the terms of the Institute Yacht Clauses or on terms similar thereto for her full value with third party damage cover of no less than £2,000,000 subject to a policy deductible no greater than the Security Deposit.
6.2 Notwithstanding the provisions of clause 6.1, the Charterer shall indemnify the Company in respect of any loss of or damage to the Vessel or her equipment any other expenses or liabilities arising out of any act or omission of the Charterer, his/her servants or agents or any member of his party.
6.3 The Company shall have no liability for the death or personal injury of, or the loss of or damage to the personal property of, the Charterer, his servants, agents or any member of his party or any other person invited on board the Vessel during the Charter Period, except for death or personal injury caused by the negligent act or omission of the Company, its servants or employees.
6.4 If the Yacht shall become an actual or constructive total loss during the Charter Period this Booking Form/Charter Agreement shall terminate and no refunds shall be payable by the Company to the Charterer.
6.5 The Charterer shall not take the Yacht outside the Cruising Limits nor do any other act which may vitiate the Yacht’s insurance or prejudice a right to claim there under
7. Charterer’s Obligations
The Charterer undertakes as follows:
7.1 Not to take the Yacht outside the Cruising Limits.
7.2 In the event of any damage to or failure of the Vessel or any incident involving a third party, at the earliest opportunity to report such occurrence to the Company and comply with any instructions given on behalf of the Company.
7.6 To limit the number of persons in his party to not more than the number of berths on the Yacht, unless the Company grants permission for a greater number.
7.8. With the exception of loss or damage arising from latent defects or from fair wear and tear to make good all loss of or damage to any stores, gear, equipment or furnishings belonging to the Yacht caused during the Charter Period which is not recoverable under any insurance affected by the Company as well as any loss or damage arising after the Charter Period but attributable to any act or default of the Charterer or his party.
7.9. To report to the Company as soon as possible any event likely to give rise to a claim under the insurance and any other accident, damage, failure of or to the Vessel, and to comply with any reasonable instructions given to him by the Company.
7.10 To observe all regulations of Customs, Harbour or other Authorities.
7.11 Not to allow any animals on board the Yacht without written consent of the Company.
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