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CHARTER AGREEMENT

 

Article 1: Starting time and chartering.

The OWNER agrees to charter a vessel (hereinafter called 'the Boat ") for the period referred to in the competent authority charter and starts from the reported time at the starting date and ending on the said delivery time on the day of delivery, for the amount mentioned below. The OWNER agrees not to enter into any other agreement to charter The Boat for the same period. 

Article 2: Applicability of The Charter Agreement

The signing of This Charter Agreement (or of the official electronic acceptance via internet) by The OWNER and / or The CHARTER BROKERS, enters into force and is binding on The OWNER’S obligations as set out below and only provided that The CHARTERER will pay the amounts such as those listed under the headings "Total Freight / Warranty" and "Other charges and payment Terms" as mentioned: http://www.yachting-themis-iv.gr/agreement

 Article 3.a: Delivery

Equip The Boat and to deliver it to The CHARTERER, with captain only and without a crew, in the sea, clean, and ready to cruise, including all instruments and equipment mentioned in the brochure of The BOAT, the board display page within the website http://www.yachting-themis-iv.gr and the equipment inventory list, seaworthiness, and in perfect working order at the departure port.

Article 3.b: Insurance

To insure The BOAT and its equipment against fire hazards, seafarers impact, damage to third parties, marine pollution and against partial or total loss. If The OWNER fails or chooses not to do such an insurance policy, he will bear the same responsibilities, as if The BOAT was insured, but will have no liability for loss or damage that will relate to the personal property of The CHARTERER or the injury of The CHARTERER or persons on board on his permission.

Article 3.c: Delayed Delivery - Further delay

The CHARTERER must ensure and try in every way to deliver The BOAT to the date and time at the departure port referred to in The Charter Agreement, and if for any reason The BOAT is not available, The CHARTERER shall be entitled to choose one of the following options:
I. If the next fare of The BOAT allows it and The OWNER agrees, may extend the charter period for the same time the delivery was delayed.
II. To sustain the agreed date of expiry of the charter referred to in The Charter Agreement, without any alteration, and The OWNER to return to The CHARTERER the amount corresponding to the days of delay, in the ratio corresponding to the total amount of the fare.
III. If the delay in delivery exceeds the one fourth (1/4) of the total time of charter, The Charter Agreement will be canceled and returned to The CHARTERER the total amount paid for this charter. In any of the options listed in this Article, either of the two parties will not be obligated to pay the other any further compensation for loss or damage which will result from the curtailment or the cancellation of this Charter Agreement.

Article 4.a: Return of The BOAT and Delays:
The CHARTERER agrees:
If he decides to leave The BOAT to another port, he will be liable to pay The OWNER all costs resulting from the transfer of The BOAT to the port of delivery and on the ratio proportionally as above for the number of days it will take for the transfer,

Article 4.b: Deposit and Redemption
To pay in advance the 40% of the total fare, and to pay off the rest of the fare before boarding, including all the supplies made at his instigation, and 

Article 4 c: Compliance with customs and Laws on submarine dives
The CHARTERER agrees to prohibit any person on board to take any action against the customs and the laws of Greece or that of any country or against the fishing laws or scuba diving or to look for and / or appropriate archaeological nature objects or the value of them and that If take such actions, The Charter Agreement will cease immediately, with any prejudice to The OWNER’S rights, and that The CHARTERER will bear any responsibilities charger with, and will himself be liable to the relevant authorities.

Article 5: Acceptance of Responsibility of The CHARTERER of The BOAT during the period of the Charter
Before signing the above-mentioned Agreement, The CHARTERER shall be entitled to scrutinize The BOAT, its equipment and inventory, in order to ensure that everything is in good working order, except for any possible notes made in the census, but the signature of this Agreement of acceptance by The CHARTERER will be considered as acceptance of The BOAT, and that from then on it will be in the full responsibility of The CHARTERER, who will not have the right to demand any compensation for any loss of time or expense that might be caused in the case of an accident or injury or of non-operation of any part of The BOAT. 

Article 6: Running costs

After the delivery of The BOAT, the costs of port charges, water, beverages, alcohol, food and other essential supplies, as for any damages or deficiencies that may occur while The BOAT is under the responsibility of The CHARTERER and which are not the result of normal use will be undertaken by The CHARTERER’Ss expenses. The cost of fuel and lubricants are paid by the owner.

Article 7: Cancellation or early Termination

If The CHARTERER cancel’s the charter for any reason, other than that referred to in Article 3c, having signed This Charter Agreement, all the advances which have been made until the date of cancellation will be kept by The OWNER, and The OWNER reserves the right to repay the mentioned deposits, only in the case that The BOAT is chartered to another CHARTERER for the same period and under the same conditions. If The CHARTERER chooses to end the charter and deliver The BOAT before the date set in This Charter Agreement, The OWNER is not obliged to return any proportionate part of the fare.

Article 8: Total loss of The BOAT

If The BOAT is lost actual or constructional before the charter period begins, This Charter Agreement will be considered ended and The CHARTERER will receive from The OWNER all the fare money that have paid in advance to The OWNER and only if the loss occurred before the charter period.

Article 9: Specific conditions

The specific conditions, if any, that are included in the existing Program are fully accepted and are part of This Charter Agreement.

Article 10: Arbitration of disputes
In the event of a dispute arisen between the two mentioned parties in This Charter Agreement or its content, it will be reported to two independent arbitrators in Greece, appointed consecutively by each party and their ruling will be final and binding or to a Judge who will be appointed by the independent arbitrators, if and when they disagree, in which case the decision of the Judge is final and binding.

Additional Provisions

Any information concerning The BOAT, listed in http://www.yachting-themis-iv.gr website on the day of Confirmation of the Availability Request made by The CHARTERER and approved this charter described in This Charter Agreement, and any agreement made between The OWNER and The CHARTERER via the message board provided by http://www.yachting-themis-iv.gr to The OWNER and The CHARTERER, are a part of This Charter Agreement. In the event of conflicting agreements, articles and conditions of The Charter Agreement will supersede all others, unless a different agreement is indicated, clearly, distinctively, and legally, and follows

 


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