Explore Yacht Tours C

Explore Yacht Tours C.A.
Casa #51 Plaza Bolivar, Gran Roque
Los Roques, Southern Caribbean

C0/ Oficina Caracas: Edificio Oriental #401, Los Palos Grandes, P.O 1062 Los Palos Grandes, Caracas, Venezuela.

Tel:(58) 414 2877554
Fax (58) 212 2842015

E-mail: info@explore-yachts.com

CREWED CHARTER BOAT AGREEMENT

BOAT NAME: ________________________________________

Sailboat: _____________________________

Between: Explore Yacht Tours C.A. D&B NUMBER: 85-504-0374

and

Charterer:

Address:

1. Witnesseth: In consideration of the covenats hereinafter contained, the said owners ___________ agrees to let, and the said charterer agrees to hire the said boat from the ________ Gran Roque _____to the _________ Gran Roque __________.

for a_______ Days Charter for the total sum of $ ______dollars of which amount $________ shall be paid by _asap.____ as deposit,

the balance thereof payments due (30) thirty days before boarding, as follows:

Balance $__________ due by_____.

2. Delivery: The owner agrees to deliver the boat at the port of boarding in full commission and in proper working order, with full equipment inclusive of that required by the Venezuelan coast guard, and fully furnished, including dinner ware, all food and local drinks (including beers, wine, rum, soft drinks, and bottle water in 20 liters tanks) + all fuel and sweet water (return to Gran Roques for refills, depending on quests washing habits) might be for the whole trip, all in good condition and ready for service; and agrees to allow demurrage pro rata to the charterer for any delay in delivery. Port of Boarding & Redelivery: Gran Roques, Venezuela. Should it be impossible for the owner to make delivery as stipulated through causes beyond his control, and should such delivery be not made within 24 hours thereafter, then this agreement may be cancelled by the charterer and any charter money paid in advance shall be returned to him by the owner or as an alternative Explore Yachts Tours will provide another sailboat in similar condition.

3. Crew: Venezuelan Captain and Cook (providing local navigation knowledge and general cooking, cleaning etc..).

4. Insurance: The owner agrees to keep the boat fully insured against fires, marine and collision risks for the term of the charter, the policy to be held by him as full protection for any loss or damage that may occur to the yacht during the charter period, and the charterer shall thereby be relieved of any and all liability for such loss or damage and in the case of any accident or disaster, the charterer shall give the owner, or his agent prompt notice of the same. Should the owner fail to carry such insurance, he shall cover the charterer's protection and indemnity during the term of the charter.

5. Accidents: The owner agrees that should the boat after delivery sustain breakdown of machinery, preventing the use of the vessel by the charterer for a period of not less than 24 hours consecutively, at any time, the same not being brought about by any act or default of the charterer, the owner shall make a pro-rata return of hire to the charterer for such period in excess of the said 24 hours that the yacht shall be disabled or unfit for use. If repairs cannot be made within 48 hours after the report of disablement, the charterer will be rebated pro-rata for the time the boat is unusable, and the charterer has the right to terminate the charter if so desired.

6. Running Expenses: The charterer agrees to accept the boat as hereinbefore provided and to pay all running optional expenses such as dinners in Gran Roques, scuba diving, bone fishing with guide, Lobsters during the term of the charter.

7. Navigation Limits: The charterer agrees to restrict the cruising of the boat to the navigable waters of the archipelago of Los Roques.

Navigation beyond these limits shall constitute default of this agreement in which event the owner or his agent may immediately board the described vessel and resume possession of her. All sums paid under this agreement, including damage deposits, shall be forfeited as damages. Without prejudice, however, to the rights of the owner to sue and collect for the costs of returning the boat to the port of release, together with any legal fees incurred in such suit.

8. Replacements: The charterer agrees to be responsible for, and to replace or make good any injury to the boat, her equipment or furnishings, caused personally by himself or any of his party, but not if caused by any of the owners crew. The charterer further agrees to leave all furnishings listed in the ship's inventory log, fair wear and tear accepted, upon expiration of the charter term or reimburse the owner for the cost thereof.

9. Re-delivery: The charterer agrees to surrender the boat at the expiration of this charter at the port provided above, free and clear to indebtedness that may have been incurred for his account during the term of charter and in as good condition as when the delivery was taken, fair wear and tear from ordinary use and any loss of damage that he shall not be liable to make good excepted. The charterer, his agents, and employees have no right or power to permit or suffer the creation of any maritime liens against the boat, except for crews wages and salvage. The charterer agrees to indemnify the owner for any charges or losses in connection therewith, including reasonable attorney fees. Should the charterer not make re-delivery of the yacht as stipulated the owner may demand, and receive demurrage at 1-1/2 the stipulated charter rate for the time that such re-delivery is delayed.

10. Restricted Use, Drug use, etc.: The charterer agrees that the boat shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests during the term of this charter, and shall not transport merchandise or carry passengers for pay or engage in trade or in any way violate the laws of the Republica Bolivariana de Venezuela, or any other Government within the jurisdiction of which the yacht may be at any time, and shall comply with the law in all other respects. Any sailing after 5PM is strictly prohibited.

11. Non-Assignment: The charterer agrees not to assign this agreement or sub-charter the boat without the consent of the owner in writing.

12. Defaults: It is mutually agreed that should any installment of the charter money not be paid on the date designated, the owner shall have the right to resume possession of the boat and terminate this charter, without prejudice to his rights in respect of any arrears of charter money, including necessary legal fees to collect any such arrears or damages.

13. Indemnification of Owner: The charterer will at all times indemnify and keep indemnified that the owner and his agent and save themselves harmless from and against any and all actions or causes of action claims, demands, liabilities, loss damage or expense of whatsoever kind including counsel or attorneys fees which they shall or may sustain or incur by reason or in consequence of any act or omission of the charterer, his agents or others during the term of hire of said boat.

14. Arbitration Clause: Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the Rules of the Asonave (Group of commercial Charter boats in Los Roques) of Los Roques, said arbitration to be held in the City and State of the OWNER'S residence, unless another place is mutually agreed upon. Judgment upon any award reached by the Arbitrator(s) may be entered in any Court of said State having jurisdiction thereof. To the true and faithful performances of the foregoing Agreement, the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.

15. Other Conditions: Owner to provide a not less than a 10' dinghy with a Yamaha 25 HP outboard engine. No smoking below deck.

To the true and faithful performance of the foregoing agreement, the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.

IN WITNESS THEROF, the parties hereunto set their hands the day and year written below.

Owner's and Signature: ________________________

Charterer Signature: ............ with Date

___________________________________________

***Remember to bring your own big beach towels and sun crème, special food or alcoholic beverages. Any additional things such as lures for trawling (fishing when sailing) are welcome including hooks and nylon…

Please send us a general preference list if you believe it is needed to info@explore-yachts.com

Additional conditions not stated is this agreement please look at: http://www.explore-yachts.com/charter/conditions.htm