2. PARTIES
Herewith an agreement has been made between the undersigned Mr./Mrs.
............................................... of Tok Turizm,
Yatcilik Sanayi ve Ticaret Ltd. Sti, Bodrum, Mugla, Turkey (
hereinafter called BODEX ) of the one part and
..........................................................................
( hereinafter called the CHARTERER ) of the other part whereby it
is understood and fully agreed as follows.
3. DURATION
BODEX will charter the above mentioned Yacht between ....../
....../ .......... and ....../ ....../ .......... to the CHARTERER.
The period concerning the preparation of the Yacht and
disembarkation is included in the charter period.
4. PAYMENT
The total amount due to BODEX is ......................... . Of
this total amount, EUR ........................... is requested as
deposit payment latest on ............................... . The
balance .................................. is to be paid by the
CHARTERER to BODEX latest on ....../ ....../ .......... .
5. DELAY IN PAYMENT
In the case of non-payment of any part of the total amount due by
the dates previously agreed, BODEX is authorised to cancel this
agreement and consider any prepaid amounts as indemnity.
6. HANDING OVER THE YACHT
BODEX will hand over the Yacht on ....../ ....../ .......... at
12.00 o'clock in ..............................harbour to the
CHARTERER afloat ready for sea with all necessary gear and
equipment in proper, running and seaworthy condition, with full
crew.
7. DELAY IN HANDING OVER / TAKING OVER
THE YACHT
In the case of any delay in handing over the Yacht, the CHARTERER
has the option of either to extend the charter period to cover the
delayed time if the next charter period is free, or not to pay for
the delayed period, or to cancel this agreement and be authorised
to receive all the prepayments if this delay exceeds 1/3 of the
whole charter period. The parties hereto are not liable for any
indemnity except to above. If the CHARTERER does not take over the
Yacht at the indicated date, BODEX is authorised to retain any
payment made, notwithstanding the need to prove whether the Yacht
is used by the CHARTERER or not.
8. CANCELLATION
In the case of a cancellation by the CHARTERER 60 days prior to
the departure date, 75% of the down payment will be refunded. In
the case of a cancellation 30 days prior to the departure date,
50% of the deposit payment will be refunded. No refund will be
made in the case of shorter notice. Then BODEX has the right to
find another charterer.
9. INSURANCE
The Yacht, her equipment and the crew are insured against fire,
collision and other marine risks so that the CHARTERER will not be
responsible for any accident and losses arising therefrom. In the
case of any accident or catastrophe, the CHARTERER will give
immediate notice to BODEX or their representatives. BODEX does not
have any responsibilities for any accident or losses and damages
sustained by the CHARTERER or his guests or loss or damage of
their own properties. The responsibility of all sea sports by the
CHARTERER and his guests is under the cover of their own insurance.
10. ACCIDENTS / TO BE OUT SERVICE / TOTAL LOSS
Should the Yacht suffer any mechanical damage or fire, etc. so
that the CHARTERER cannot use it and if this exceeds the period of
48 consecutive hours, the payment for this same period will be
refunded to the CHARTERER. The charter period can be extended to
cover the repair period in case it exceeds 48 hours, by mutual
agreement. In the case of the total loss of the Yacht or damages
needing more that 7 days repair, the total payment due will be
refunded after the deduction of the prorate payment for the 48
hours. The CHARTERER has then the right to cancel this agreement.
This clause is not applicable if such loss or damage occurs
through any acts, omissions, errors of faults of the CHARTERER.
11. EXPENSES
BODEX will pay for or provide all running and harbour expenses (excluding
foreign harbours and private marina fees in Turkey and abroad),
water, fuel enough for 4 hours operation per day and crew. The
CHARTERER will pay for all food and beverages, alcoholic drinks,
water sports, mobile phone expenses etc. and personal expenses.
12. PURPOSE OF USE
The Yacht will be used only for touristic purposes. In this
respect, only the CHARTERER is responsible to comply with the
regulations and rules in validity. In case of the taking over the
Yacht by the authorities for not complying with said rules and
regulations, this agreement shall terminate immediately warranted
that BODEX will retain all her rights previously obtained.
Articles, usage and carriage of which are prohibited by the
Turkish Law and pets are not allowed into the Yacht.
13. CHARTERING TO THIRD PERSONS
The Yacht cannot be chartered to third persons unless a written
agreement from BODEX is obtained.
14. NUMBER OF GUEST
The CHARTERER cannot invite more than ........ persons unless a
written agreement from BODEX is obtained. BODEX has the right to
ask extra payment if the number of guests exceeds the above
mentioned number.
15. SAILING AREA
The CHARTERER cannot use the Yacht outside Turkish & Greek Waters.
16. REDELIVERY OF THE YACHT
The CHARTERER has to return the Yacht to BODEX on at 12.00 o'clock
in harbour in received condition, clear of all debts and
responsibilities. The CHARTERER agrees to be responsible for and
to replace or make good any injury to the Yacht, her furnishings
and to the equipment, caused by himself or by any of his party,
less ordinary wear and tear. In the case of any delay due to the
CHARTERER's actions, BODEX is authorised to duplicate the daily
charge for each delayed day. In the case of delay exceeding 3 days,
BODEX's losses due to this delay are to be indemnified by the
CHARTERER. If the Yacht is returned to BODEX before the final date,
the CHARTERER cannot ask for a rebate.
17. CHARTERER'S RIGHTS IN CONNECTION WITH THE CREW
BODEX will instruct the Captain of the Yacht to take all orders
from the CHARTERER unless the Captain decides that they are
harmful for the Yacht, the guests and the crew and will delay the
return of the Yacht. The CHARTERER has to oblige to all measures
taken by the Captain related to the safety of the Yacht, its
passengers and its crew.
18. FORCE MAJEURE
Should the Yacht not be available for delivery due to causes such
as Government prohibitions, Government's withdrawal of licenses
earlier issued, fire, flood, drought, ice hurricane, earthquake,
acts of God, insurrection, invasion, rebellion, riot, acts of
public enemy, strikes, lock-outs, commotion of workmen, war
declared or undeclared, or any other beyond the control of BODEX
or any consequences resulting therefrom, hindering, preventing or
delaying the performance of this contract, BODEX reserves the
right substitute an alternative yacht, if necessary a different
type but of similar dimensions.
19. ARBITRATION
If the disagreement du to not complying with this agreement is not
solved with the help of an Arbitrator, Istanbul Courts are
authorised to solve the problem.
20. ADDITIONAL CONDITIONS
21. This contract is valid
only after the first deposit payment. The contract will be invalid
if the first deposit payment is not made on the date specified.
The above mentioned parties and their successive heirs, testament
executors, administrators and representatives defined by the Civil
Law accept to fulfil all the conditions stated in this agreement. |
