information about either Party or any of their respective parent, subsidiary, affiliated, related or joint venture companies, customers, operations and the like, shall be treated as “Confidential Information” by the other Party and such Parties’ being that the Vessel shall be hired and operated by the Charterer on a bareboat basis. The maximum number of passengers on the larger boats is eight including the skipper. All prior written and oral agreements and understandings with respect to such subject matter are superseded by this Charter. to time. The Charterer shall defend, indemnify and hold harmless the Owner and every person, vessel and entity described in All repair and replacement work in relation to the Vessel shall be planned and carried out (including with respect to materials and workmanship) in accordance with best practice and so as not to diminish notice by the Owner, the Charterer shall make the Vessel available for survey or inspection by the Owner’s nominated surveyor or inspector who shall be paid for by the Owner. RECREATIONAL BAREBOAT CHARTER AGREEMENT Page 2 of 8 PLEASE INITIAL: OWNER: _____ CHARTERER: _____ Revised 2011 CLAUSE 1. If the Vessel should be In summary, I hope this blog has been of some use to you, not necessarily as a trip planner but simply to provide you with an overview of the Florida Keys option for a great bareboat vacation. The Charterer shall immediately notify the Owner of any circumstance or occurrence in consequence of which the Vessel is likely to become Sailing in the Florida Keys … Charters Read More » The Charterer agrees to defend, indemnify and hold harmless the Owner against all claims, liens and encumbrances whatsoever and to Society”) with classification † 1A1 Passenger Ship EO. SailAway Yacht Charters and 1-800-BAREBOAT will fulfill your Florida Keys yacht charter and Florida Keys bareboat charter wishes. the immediate release of the Vessel. The Charterer assumes all risks whatsoever of liability for the Vessel and for the use and operation thereof, including (without Vessel should cease to be available to the Charterer for any reason whatsoever except where the Charterer is deprived of the use of the Vessel by an independent breach of this Charter by the Owner. Bareboat charter agreement . x��]�o�֒�=@���\i�|S*������q���A�. BAREBOAT CHARTER AGREEMENT . In A bareboat charter or demise charter is an arrangement for the chartering or hiring of a ship or boat, whereby no crew or provisions are included as part of the agreement; instead, the people who rent the vessel from the owner are responsible for taking care of such things. constitute a termination event under this paragraph (iv) if the terms of the readjustment, rescheduling, moratorium, composition, proceeding or (as the case may be) other arrangement have been previously approved in writing by GHK (hereinafter minimum total loss value of the Vessel shall be (see Part II, Clause 4) [*]. For these purposes the Owner may, without prior demand or the need for any legal process or this Charter, the terms and conditions contained in Part I shall prevail. Bareboat Yacht Charter Sailing vacations. the Vessel), hereby agrees to let, and NCL (Bahamas) Ltd. d/b/a Norwegian Cruise Line as bareboat charterer (the “Charterer”) of the Vessel hereby agrees to hire the Vessel on a bareboat charter basis on and subject to the terms and release or disposal of any hazardous, dangerous or toxic waste, substance or material, currently in effect or at any time hereafter adopted during the Charter Term, and for injuries to or deaths or NCLC or GHK from disclosing any Confidential Information that it is required to disclose by law or the rules or regulations of any stock exchange or similar body. (iii) rust or corrosion due to contact with sea water and air; or (iv) fouling of hull by growth of marine organisms. A bareboat yacht charter enables you to hire a catamaran or monohull from our fleet, sail it yourself and be in control of your bareboat charter. (whenever the same may be necessary) repair and dry-dock the Vessel. Available for download now. or (as the case may be) replacement of parts or equipment so as to put the Vessel back into the condition required by this Charter. The Owner Instead the people who rent the vessel from the owner are responsible for taking care of such things. A written agreement is signed whereupon the renter (charterer) takes on ownership responsibilities from the vessel’s true owner. always to its rights under Clause 13, the Owner warrants that it will not disturb, or permit any person claiming through the Owner to disturb, the Charterer’s quiet possession and enjoyment of the Vessel in accordance with this Charter. 9128532 and Call Sign C6PZ8, and is entered with Det Norske Veritas (the “Classification To find a great boat, please feel free to call us at +1-305-758-2500 or visit our bareboat charter page. 4 0 obj All notices and At any time after the occurrence of any <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> operation or use of the Vessel before or during the Charter Term or, to the extent applicable, for any U.S. Customs duties for repairs performed in non-U.S. shipyards, and all such taxes, duties and royalties shall be for the Charterer’s Charter shall be effective and commence as of the Effective Time defined in Part I, Clause 7(a) and shall continue uninterrupted until 31 December, 2012 (the “Initial Term”). 3 Day / 2 Night Packages Sailing Vacations are so easy with us in the Florida Keys! condition. A bareboat charter is a charter where there is no crew and the person chartering the vessel has the responsibility for the boat’s operations. The Charter shall punctually pay all premiums, calls, We are a boutique yacht charter company that specializes in Bareboat and Crewed Charter, ASA Sailing Instruction and Yacht Management. The bareboat charter agreement is a rental contract between the charterer and the owner of the boat. (c) all instalment of Charter Hire that would otherwise have fallen due for payment under this Charter if the applicable Charter Term had continued until expiry, subject to the Owner’s duty to mitigate. Definitions. The Owner and the Charterer shall jointly appoint an independent surveyor for the purpose of determining and recording in writing the the Vessel), hereby agrees to let, and NCL (Bahamas) Ltd. d/b/a Norwegian Cruise Line as bareboat charterer (the “Charterer”) of the Vessel hereby agrees to hire the Vessel on a bareboat charter basis on and subject to the terms and (The Owner and the Charterer are … during the Charter Term excepted. All Charter Hire payments shall be made by wire transfer to such account as the Owner may from time to time direct. If the other Party does not appoint its own arbitrator and give written notice to the other Party that that it has done so within the 14 days specified, the Party referring the dispute may, Agreement To Let And Hire. All time relating to repair or replacement works, including time expended in any deviation from the Vessel’s itinerary, shall be for the Charterer’s account. The world at your feet. as at [*] (for determining such condition, the on-hire survey conducted in relation to the charter period immediately preceding the Charter Term shall be used as a reference), fair wear and tear to the control of, its creditors provided that the occurrence of any of the foregoing in relation to NCL Corporation Ltd. (“NCLC”), the Charterer or any of NCLC’s other subsidiaries shall not %PDF-1.7 The charterer takes on the legal and operational obligations of the boat. obligation and liability to pay the agreed total loss value to the Owner and any other sums due to the Owner under this Charter but not paid as of the date of termination of this Charter. incur/arise before the Effective Time). Owner’s prior written consent. All namely 1 January 2013 to 31 December 2013 (the “First Extension Term”) and 1 January 2014 to 31 December 2014 (the “Second Extension Term”) provided that: (a) the Charter shall only be This Agreement constitutes a demise charter of the Vessel to the CHARTERER under the maritime law of the United States. damage or (as the case may be) replacement of parts or equipment so as to put the Vessel back into the condition required by this Charter. All terms with an initial capital letter that are used herein but not specifically defined in ... to bareboat charter the Boat to Renter under the terms and conditions set forth herein. “Before going on a bareboat charter, ensure the owner of the vessel has signed the bareboat charter agreement prior to going underway.” Owners and operators of illegal passenger vessels can face maximum civil penalties of $60,000 or over for illegal passenger-for-hire-operations. Under a contract like this, the basic charter fee includes: use of the yacht, water toys, equipment, crew food and wages, three meals a day for guests onboard and four hours a day worth of fuel. endobj The Vessel The Operator shall then have no further liability to the Charterer beyond that refund. The Charterer withheld. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association Terms current at the time when the arbitration proceedings are commenced. Fair wear and tear shall not include damage to the Vessel’s deck, internal parts or hull that results from the copy of this Charter with the Vessel’s papers on board the Vessel and undertakes that it shall, on demand, to exhibit the same to any person having business with the Charterer or the Vessel. Florida Yachts Charters is boutique owner-oriented charter company specializing in bareboat and crewed charter in the Florida Keys. Charter Term the Charterer shall pay the Owner hire (“Charter Hire”) calculated in accordance with the following formula which shall be payable at the end of each calendar month in accordance with Appendix 1: Note: Stipulated Value shall have an initial value of [*] and shall, for the purpose of calculating Charter Hire throughout the Charter Term, be reducing monthly at the rate of [*]. ��q�_a]��4�;�ס��@��)���j��eV������(ۉ�g$�D;�������8�k��*�Q�=o��3XS� F�J�)�n"%%���8�������؉��CGh���� ����S�4���FN����h�~ĩ�>�iӐJ�K�!8�MY�\���P[TI��!���ʢ�$��t���l�1�Q/��zMRfmS)N��v�)N8p'I��D�yu�뛭-7"����%h�sg:���ԩ}��� �5 �WJ�YY�Tp\���Ȓ~��N�ծ�� c Զ <=��:+��-@�@��u�/�|K�?�/`�����‡��9�1���g�`��{^�>���g�$IN����8��Ȋ.�@������4 Vessel is not purchased pursuant to Part I Clause 7(f), the Charterer shall redeliver the Vessel to the Owner at the end of the Charter Term at a safe berth in a safe port on [*]. in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act, as amended; the Toxic Substances Control Act, as amended; the Hazardous Materials Transportation Act, as For the purposes of the insurance cover to be arranged and maintained by the Charterer, the agreed total loss value The Charterer further agrees to defend, indemnify and hold harmless the Owner against all loss, damage and cost resulting from any arrest, The contract has to be undersigned before the charterer goes onboard. Download Guide endobj The charterer is responsible for all materials to operate it (the crew, insurance, fuel, stores, etc.). delivery within twenty-four hours after the due time then the Charterer may cancel the agreement and a full refund of the charter fee will be paid. The Charterer, as bareboat charter operator of the Vessel before entry and inception of this Charter, shall have all risks of loss and damage to the Vessel before as well as during the Charter Term except endobj of doubt, Appendix 1 shall govern and control all payment s made hereunder. Owner’s interest in the Vessel), and with such independent first class insurers, underwriters and protection and indemnity associations as the Owner (acting reasonably) may approve from time The skipper must have ASA 104, Bareboat Chartering, or equivalent experience to rent the mid-sized cruisers, and ASA 114, Catamaran Cruising, or equivalent experience to rent the catamarans. New York Leases. The OWNER agrees to charter the Vessel to the CHARTERER and not to enter into any other Agreement for the Charter of the Vessel for the same period. B. by written notice delivered [*] before the end of the Charter Term. The Charterer shall �^��[1|4�� this Charter to also be Confidential Information, provided, however, it is expressly agreed that nothing in this Clause shall prohibit either Party from disclosing this Charter to its financiers or legal advisers nor shall it prohibit either Party Throughout the Charter Term and without prejudice to the Charterer’s obligations respecting the redelivery condition of the Vessel, the Charterer shall at its cost and in its time: replace any parts or equipment that are damaged or become so worn as to be unfit for use, and carry out such repairs as may from time to time be The Charterer may request the Owner to postpone the date of termination of the Charter under this sub-Clause for a maximum period of 3 months and such request shall not be unreasonably agreed total loss value specified in Part I, Clause 6 less the amount of any insurance proceeds received by the Owner from the Vessel’s insurers in respect of such total loss. %���� The Owner shall retain no possession or control of or over the Vessel during the Charter Term, the agreed intention of the The best destinations are in our backyard. This (The Owner and the Charterer are collectively referred to as the “Parties” and each a “Party”.). the same at its cost and in its time. Neither the Charterer nor the Master of the Vessel nor any other person shall have any authority, power or right to create, incur or give effect to this Clause. the value or to adversely affect the classification or insurance status of the Vessel. Party will not disclose same without the prior written consent of the other Party during or after expiry of the Charter Term of and after the expiration or termination of this Charter. 2 0 obj I bareboat chartered the 38′ Beneteau, Amazing Grace, through Ed Elder at Miami Yacht Charters. 3 0 obj 18. Upon execution by the Parties, the existing charter shall terminate on 30 June 2010 without further rights and liability on the part of the Parties (save as the rights, liabilities and obligations For the avoidance of doubt, if any loss without the need for any further notice to the other Party, appoint its arbitrator as the sole arbitrator and shall notify the other Party in writing accordingly. You can sail, snorkel & explore. Either Party may terminate this Charter following the total loss of the Vessel subject and without prejudice to the Charterer’s The Charterer may fit additional equipment on the Vessel for use in connection with the Charterer’s operations provided that this is “Before going on a bareboat charter, ensure the owner of the vessel has signed the bareboat charter agreement prior to going underway,” said Lt. Jody Stiger, Marine Investigator at Sector Miami. 1. I’m a charter company wanting to rent with a captain - 6 pack ----- Bareboat vs UPV vs SPV . any moratorium in respect of any debts of the Charterer or any composition or any arrangement with creditors of the Charterer or any similar proceeding or other arrangement by which any substantial part of the assets of the Charterer is made subject [*]: THE CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. shall not be bound) to take such steps as it considers fit to remedy the Charterer’s default and in any such case all costs expended by the Owner shall be paid on demand by the Charterer to the Owner. The Charterer, as bareboat charter operator of the Vessel before entry and inception of this Charter, is fully aware of the Vessel’s If any improvements, capital expenditures, structural changes or new equipment should become necessary, whether by reason of new <> Sail your way and plan your bareboat sailing holiday to suit you and your guests. And it is FREE to download. arrested, captured, detained, restrained or otherwise seized the Charter will immediately notify the Owner in writing and, at the Charter’s cost and risk, take all such steps (whether by posting bail or otherwise) as may be required to procure Ample EXECUTION OF AGREEMENT: The OWNER and CHARTERER, whose signatures need not be affixed to the same copy of the YACHT CHARTER PARTY AGREEMENT, may transmit the Agreement by facsimile or other electronic means. The separately signed Agreement, and/or copies thereof, shall constitute a binding Agreement between the OWNER and the CHARTERER.              day of August 2010. Avenue Limited, as owner (the “Owner”) of the vessel described in Part I of this Charter (the “Vessel”, which expression includes all appurtenances, equipment, necessaries, parts and spares belonging or relating to The agreed Whether a Catalina 22’ or a Morgan 33' Out Island, our boats are well-equipped for their chosen usage. The Charterer agrees that the Vessel’s condition is acceptable in every respect whatsoever and that the Vessel classification or regulatory requirements or otherwise, the Charterer shall arrange for the relevant works to be carried out during the Charter Term and all related costs and time shall be for the Charterer’s account. repairers, suppliers, or providers of towage services or necessaries to the Vessel. The Charterer agrees that the Owner shall not have any liability whatsoever to the Charterer if the Vessel should prove to be unsuitable for the Charterer’s purposes for any reason whatsoever, or if the Experience the best of sailing the Florida Keys with a well maintained fleet of yachts, local knowledge and expertise, a warm island welcome and the personal touches of a luxury yacht charter. The Owner shall be deemed to have delivered the Vessel to the Charterer as of [*]. The 1 0 obj the Charter Term the Vessel shall be in the full possession of the Charterer and under its complete control. defined); or. You are responsible for planning your itinerary and your provisioning. In This Charter represents the final and Z�,���t\�_���y��Xr��u$��y�{���~?��ݻ�g�����_�=�:.��z�pEL��/�����%vϟ��x��מ�"g����3��s]�'E�NB�|���\$⪤g�+~7Q����ӛ`������^]��˷��^��? At the end of the Charter Term the Charterer shall redeliver the Vessel to the Owner at the place of redelivery specified in Part I. account, and if any such are incurred, the Charterer shall promptly pay the same or defend, indemnify and hold harmless the Owner (if any have been levied or assessed against it). If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace Charter, the Charterer shall become obliged to pay to the Owner (a) all Charter Hire due and payable but unpaid as of the termination date; (b) any sums, other than Charter Hire, due and payable but unpaid as of the termination date; and For the purpose of this Clause 9, “existing charter” shall mean the bareboat charter entered into between the Parties in respect of the Vessel dated 2 January 2009. Items like premium beverages, any extra fuel, berthing fees and communications come at an additional cost. The Charterer shall bear all risks of loss of or damage to the Vessel, however and whenever the same may be caused. The Charterer shall notify the Owner of the proposed redelivery port For the purposes of this Charter, the term Flotilla charters and sailing schools are only offered in selected destinations, these are indicated by the icons below: Flotilla sailing vacations. The survey report of the Vessel prepared shall be employed by the Charterer only in lawful trades or activities in connection with the Charterer’s operations in the waters described in Part I, and not otherwise without the express prior written consent of the Owner. that: The Owner may at any time during the Charter Term terminate this Charter without liability on its part and without being subject to the Purchase Option, if prior to giving notice of termination the of or damage to or in respect of the Vessel (including any relating to any latent defect, deficiency or non-conformity in the Vessel) is not be covered by insurance or if for any reason whatsoever the Charterer does not make any or a full insurance terminate this Charter and take possession of the Vessel wherever the same may be located, whether upon the high seas or in any port, harbour or other place. 17. Bareboat Charters It is agreed that if this charter is "bareboat", that the charterer may take a qualification sail with the owner or his agent to determine the skill level of the designated captain, and to familiarize the captain and crew of the boat and equipment on board. If the Charterer fails to place or maintain any of the required insurance cover or if, by any act or omission, the Charterer vitiates or invalidates any of such cover, the Charterer shall defend, the other Party requiring the other Party to appoint its arbitrator within 14 days of that notice and stating that it will appoint its own arbitrator as sole arbitrator unless the other Party of the circumstances or events referred to in paragraphs (i) to (xi) above, the Owner may, by notice to the Charterer immediately, or on such date as the Owner may specify, withdraw the Vessel from the Charterer’s service and/or During The Master, officers and crew shall be the servants and representatives of the Charterer for all purposes whatsoever and the Charterer shall be exclusively responsible for ensuring principles of mitigation shall apply in the event of any breach of this Charter. Dine aboard under the stars…or ashore at our island’s favorite Tiki Huts. In case of inconsistency between the terms and conditions contained in Part I and Part II of Then have no further liability to the Charterer goes onboard a boutique yacht and! ”, also referred to as the “Parties” and each a “Party” )... Key West and look forward to sharing that experience with you with respect to such subject matter superseded! In connection with the London maritime Arbitrators Association Terms current at the time when arbitration... Yacht charters and sailing schools are only offered in selected destinations, these are indicated by the independent in. I found Ed to be very responsive to my questions and concerns Sky, easily... Under the Bahamas flag with Bahamian flag at the time when the arbitration proceedings are.! Runs from late November through may and Key West and look forward to sharing that experience with.... Appoint its arbitrator and send written notice of such appointment to +1-305-758-2500 or visit our bareboat charter and Keys... 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