GENERAL TERMS AND CONDITIONS
THIS BAREBOAT CHARTER AGREEMENT (‘AGREEMENT’) made TODAY, by and between, Waypoints USVI, LLC d/b/a Waypoints St Thomas, as the exclusive agent (‘AGENT’) of the YACHT OR SIMILAR YACHT, and the CHARTERER. Upon acceptance by CHARTERER, AGENT will surrender care, custody, and control of the YACHT to CHARTERER. CHARTERER is considered the MASTER of the YACHT, regardless of any requirement by AGENT for CHARTERER to employ a Captain and is fully and solely responsible for the YACHT and related equipment and inventory, tender, outboard engine, guests, passengers, navigation, provision of navigational charts and equipment and all running expenses.
TERM & HIRE
In consideration of the covenants hereinafter provided, the AGENT agrees to rent, and the CHARTERER agrees to hire the aforesaid YACHT for time period specified above for the sum in USD, (‘FEE’) as indicated on the Charter Invoice.
PAYMENT
50% of said FEE will be paid as a reservation deposit (‘DEPOSIT’), with this AGREEMENT; and the balance, along with full and final payment for any and all extras, shall be paid 60 days prior to commencement of the Charter. All payments called for in this paragraph shall be made in US Dollars and by wire transfer, unless agreed otherwise.
REFUNDS AND CANCELLATION
The DEPOSIT and any subsequent payments are non-refundable except as provided for below. Cancellations must be made in writing to AGENT. Upon receipt of written or faxed notice of cancellation, refunds, if any, will be made as follows: The Reschedule Insurance Fee of $200 will be automatically added to your booking. You have the option to decline this fee prior to making the initial deposit. Once the deposit has been made, this becomes non-refundable. Please read our Cancellation Policy below.
CANCELLATION POLICY – Once the charter has been reserved and deposit monies have been received, the charter is considered non-refundable. Should a Charterer be forced to cancel, all monies will be forfeited. However, a Charterer may wish to purchase Reschedule insurance for $200 per charter, which will allow the following:
- If a charter is canceled within 91 or more days of embarkation, a $300.00 administration fee will be deducted from the deposit monies. Alternatively, all funds paid can be held on account and applied to a new charter within 24 months.
- If the charter is canceled within 90 days and prior to 61 days of embarkation, the penalty is 50% of the total charter fee, including the sleep aboard fee. Alternatively, all funds paid can be held on account and applied to a new charter within 24 months.
- If the charter is canceled within 60 days to 31 days of embarkation, the full charter fee, including the sleep aboard fee, is forfeited less the cost of additional Alternatively, 50% of the total charter fee can be held on account and applied to a new charter within 24 months.
- If the charter is canceled within 30 days of embarkation, the full charter fee, including the sleep aboard fee, is forfeited less the cost of additional extras, except for pre-paid Skipper fees.
Cancellation insurance can only be used once. In the event of cancellation, where Cancellation insurance is used and a charter is rebooked, the new dates are considered non-refundable. Cancellation insurance is not available to purchase for ‘rebooked’ charters. In the event of a refund, Credit card surcharges, wire transfer fees or any fees occurring through any other method of payment will not be refunded. The charterer is also advised that Travel Insurance is highly recommended for all travelers to all destinations. AGENT and OWNER assume no responsibility for weather conditions that may arise during the term of this AGREEMENT. This AGREEMENT will remain in full force and effect regardless of weather conditions before, during or after the period of this AGREEMENT.
DELIVERY
AGENT agrees to deliver the YACHT in full commission and in proper working order, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and domestic equipment; staunch, clean and in good condition and ready for service. AGENT agrees to allow demurrage, pro rata to the CHARTERER for any delay in delivery, beyond four (4) hours. Should it be impossible for the AGENT to make delivery as stipulated, and should such delivery not be made within 24 hours thereafter, then this AGREEMENT may be canceled by written notice to AGENT, and any money paid in advance shall be returned to CHARTERER within 14 days of the receipt of such notice.
ACCEPTANCE
CHARTERER certifies that he will examine the YACHT and her equipment and inventory before departure and will be satisfied that the YACHT is staunch and strong and properly outfitted for a YACHT of her size and accommodation and for the intended use and notify AGENT, in writing, of any damages or shortages noted before departure. Departure constitutes acceptance of full and complete performance by AGENT. CHARTERER understands and agrees that arrivals after 3PM, at the yacht being chartered, may, at the sole discretion of the AGENT, require a next day departure from the charter base.
NOTIFICATION OF COLLISION, ACCIDENT, OR GROUNDING
In the event of any occurrence, collision or accident, release of pollutant or disaster during the term of this AGREEMENT CHARTERER will give prompt written notice to AGENT of such event and agrees to cooperate and comply fully with any requirements of local, territorial, or federal authorities and/or the insurance policy underwriters with respect to such occurrence, accident, grounding, release of pollutant or disaster.
INSURANCE
CHARTERER shall be liable to the AGENT and OWNER for all sums not covered by insurance for any damage, or loss, sustained to the chartered YACHT and/or her contents, tender, outboard engine, and related equipment or to another person or another person’s property while the YACHT is under the control of CHARTERER. Deductible amounts are a ”sum not covered by insurance”. AGENT represents that OWNER maintains fire, marine collision, pollution and third-party property and indemnity insurance on the YACHT to include CHARTERER as additional insured. Such extension of coverage is subject to all applicable terms, exclusions, and other conditions of the policy, including its’ stated maximum limits of liability, exclusions, and deductible amounts for a specific type of coverage.
DEDUCTIBLE EXPOSURE REDUCTION
AGENT offers and CHARTERER is required by AGENT to purchase a DEDUCTIBLE REDUCTION AGREEMENT (‘DRA”) to reduce CHARTERER’S financial obligation for certain deductible amounts. CHARTERER understands that should any violation of DRA terms occur, the DRA agreement becomes void, and CHARTERER is responsible for the full amount of any costs, damages, fees incurred.
REDELIVERY & LIENS
CHARTERER agrees to redeliver the YACHT, her equipment and furnishings, tender and outboard engine free and clear of any indebtedness incurred by CHARTERER, to the charter base in the same condition as when accepted, ordinary wear and tear, and any loss or damage for which the CHARTERER is covered by his purchased DRA, as set forth above, excepted. CHARTERER agrees to pay demurrage to AGENT at the rate of $1,500 USD per day, or portion thereof, for each and every day yacht is detained beyond the date agreed to for return, above, unless AGENT has agreed, in writing, to a pro rata extension of the term of this AGREEMENT or in the event of total loss or serious damage to YACHT, in which event the rights of the parties shall be determined by the other terms of this AGREEMENT. CHARTERER does not have any right, power, or authority to create, incur, or permit to be imposed upon the YACHT any liens whatsoever. CHARTERER agrees to notify any person furnishing repairs, supplies, towage, or other necessaries to the YACHT of the reservation of authority to incur liens.
DELAYS, ADJUSTMENTS & CANCELLATION
AGENT agrees that should YACHT, after delivery, sustain breakdown or be disabled or damaged, through no fault of CHARTERER, preventing (preventing means ”unable to sail or motor”) the use of YACHT by CHARTERER for more than six hours AGENT shall make a pro rata return of FEE to CHARTERER (Six (6) hour delay policy is applicable between 9AM and 4PM, Sundays and government holidays excluded). Provided, however, that in case YACHT is lost or said damage is so extensive that the YACHT cannot be or is not repaired within 48 hours, then the CHARTERER shall have the right to terminate this AGREEMENT and FEE shall be abated pro rata, from the time of notification to AGENT. Should YACHT be driven into port or anchorage by stress of weather or from illness, or accident, to CHARTERER, or to members of his party or crew, or in the event YACHT sustains breakdown or damage resulting from negligent action, or inaction, by CHARTERER then time so lost or expenses incurred shall be at CHARTERER’S expense. In event of a collision or grounding, that arises in connection with any violation of this AGREEMENT and provided written instructions, DRA and or the written ”Off Limits Areas” AGENT and OWNER reserve the right to terminate this AGREEMENT without any offset, or recourse, whatsoever for unused charter time or expenses incurred by CHARTERER or his party.
RUNNING EXPENSES
AGENT will provide included towels, bed linens and pillowcases, stove, and engine fuel. Water and engine fuel tanks will be full at the start of the charter. CHARTERER agrees to pay all running expenses after commencement and during the term of the charter including ice, fuel, oil, food, and other consumable goods, pilotage, port charges, fines, and provisions for himself and party, unless these have been ordered and paid for through AGREEMENT with AGENT. CHARTERER is responsible, physically, and financially, for returning the YACHT with full fuel and water tank(s).
LIMITATIONS OF USE
CHARTERER agrees to restrict the cruising of the YACHT to the hours of the day from ONE HOUR AFTER SUNRISE TO ONE HOUR BEFORE SUNSET. AGENT will supply a written list of areas that are ”Off Limits Areas” and CHARTERER agrees that any violation of this list will result in the automatic forfeiture of any reduction in deductible amount(s) that were agreed to when the required DRA was purchased. CHARTERER agrees that the YACHT shall be employed exclusively for pleasure purposes for the sole and proper use of himself, his family, guests and servants during the terms of this AGREEMENT, and shall not transport merchandise or carry passengers for pay, or engage in trade nor in any way violate the Revenue Laws of the United States or of any government within the jurisdiction of which the YACHT may be at any time, and shall comply with the law in all respects. No goods, documents, drugs, or persons shall be carried that would involve risk of seizure, capture or repatriation by any government, the CHARTERER agrees not to permit any other party to operate the YACHT unless the written permission of the AGENT is obtained in advance. No dogs, cats or other pets shall be taken aboard the YACHT. Racing is not permitted. The sailing area shall be restricted to the US and British Virgin Islands, Spanish Virgin Islands, except the island of St. Croix in the USVI. Restricted areas for the BVI are with limited access to Oil Nut Bay (no monohulls), White Bay in Jost Van Dyke, Savannah Bay, Little Dix in Virgin Gorda, between Pelican Island and the Indians, and the areas lying within 3 nautical miles of Herman Reef, The White Horse, Horseshoe reef, and reefs surrounding Anegada Island as shown on British Admiralty Chart 2008.
INDEMNITY
Notwithstanding any other terms and provisions contained herein, CHARTERER acknowledges that he is not the agent, servant or employee of OWNER or AGENT in any way whatsoever and that OWNER and AGENT shall not be responsible for any injuries or damages to, or caused by, CHARTERER or any member of his party, including any sailing guide or crew employed by CHARTERER. CHARTERER agrees to indemnify and hold harmless AGENT and OWNER from any and all losses or damage to third persons caused by him or any of his party and / or sailing guide and crew. CHARTERER shall keep the YACHT in good running order and condition and in substantially the same condition as when received from AGENT, reasonable wear and tear excepted. AGENT and OWNER accept no responsibility for anyone aboard for accident, injury or death, due to any cause whatsoever arising out of the use of the YACHT, including but not limited to sailing, powering, towing or use of any equipment aboard, or any other equipment whether or not it is provided by the AGENT. CHARTERER further agrees to hold the AGENT and OWNER harmless from any liability whatsoever in connection with scuba or skin diving, snorkeling, swimming or similar activities or the use of allied equipment whether or not it is supplied by AGENT or others. AGENT and OWNER accept no responsibility for any allegedly defective condition of the YACHT limited to, outboard motor, dinghy, fuel, water, ice, provisions, or beverages.
CREW
CHARTERER shall be solely responsible for procuring and compensating his own crew. The AGENT may, at its sole and absolute option, require a Captain on board the YACHT to assist the CHARTERER, if, in AGENT’S opinion, the CHARTERER is deficient in training, experience, or ability to safely undertake the proposed voyage. The period that a Captain will be required for will be determined by the AGENT. CHARTERER is not responsible for any loss or damage directly caused or incurred by a required Captain
CHARTERER’S AUTHORITY OVER CREW
It is mutually agreed, and it is the intent of the parties hereto that the AGENT relinquishes possession, command, and navigation of the YACHT to the CHARTERER, and that full authority regarding the management of the YACHT is hereby transferred to the CHARTERER for the term of this AGREEMENT. It is further mutually agreed that although the CHARTERER shall have possession, command, responsibility for navigation, and full control over the YACHT, if a Captain is required by the AGENT, as provided herein, the CHARTERER shall rely upon the Captain for professional guidance in the safe navigation of the YACHT. The Captain is responsible to the CHARTERER for the safe navigation of the YACHT, and is the sole judge as to whether it is reasonable or prudent to sail at any given time, having regard to the state of the weather and the surrounding circumstances, and also as to whether any specified anchorage is reasonably safe. But subject to the above, the Captain shall obey all reasonable orders of the CHARTERER and do their best to sail the YACHT into such safe ports and places as the CHARTERER may desire to visit.
LIMITATION OF OWNER’S AND AGENT’S LIABILITY
AGENT agrees that should YACHT, after delivery, sustain breakdown or be disabled or damaged, through no fault of CHARTERER, preventing (preventing means ”unable to sail or motor”) the use of YACHT by CHARTERER for more than six hours AGENT shall make a pro rata return of FEE to CHARTERER (Six (6) hour delay policy is applicable between 9AM and 4PM, Sundays and government holidays excluded). Provided, however, that in case YACHT is lost or said damage is so extensive that the YACHT cannot be or is not repaired within 48 hours, then the CHARTERER shall have the right to terminate this AGREEMENT and FEE shall be abated pro rata, from the time of notification to AGENT. Should YACHT be driven into port or anchorage by stress of weather or from illness, or accident, to CHARTERER, or to members of his party or crew, or in the event YACHT sustains breakdown or damage resulting from negligent action, or inaction, by CHARTERER then time so lost or expenses incurred shall be at CHARTERER’S expense. In event of a collision or grounding, that arises in connection with any violation of this AGREEMENT and provided written instructions, DRA and or the written ”Off Limits Areas” AGENT and OWNER reserve the right to terminate this AGREEMENT without any offset, or recourse, whatsoever for unused charter time or expenses incurred by CHARTERER or his party.
NON-ASSIGNMENT
The CHARTERER agrees not to assign this AGREEMENT or sub-charter the YACHT without the consent of the AGENT in writing.
CONTRABAND AND SMOKING
No contraband substances are permitted aboard the YACHT. Use or possession of contraband substances, by CHARTERER or any member of his party or crew, shall result in the immediate termination of this AGREEMENT and forfeiture of FEE without recourse. CHARTERER is fully responsible for any costs associated with any boarding or seizure of YACHT, including, but not limited to, lost charter revenue. AGENT will report any violation of this clause to the appropriate authorities. Smoking is not allowed below decks. If it is determined that smoking, of any kind, occurred below decks the Damage Deposit will be forfeited.
REFUSE & GARBAGE REGULATION COMPLIANCE
CHARTERER agrees that refuse shall not be thrown or allowed to fall overboard, and that all garbage will be deposited in appropriate containers. No oil, spirits, inflammable liquids, or contaminated bilges shall be discharged. All laws and regulations with regard to marine sanitary devices shall be complied with.
CHARTERER’S CERTIFICATION
CHARTERER, if he is to operate the YACHT himself, certifies that he is experienced and competent in the handling and operation of a yacht of the type named in this AGREEMENT and that he has sufficient practical knowledge of seamanship, piloting and the Rules of the Road and agrees that he will not allow the YACHT to be operated by anyone not so qualified during the term of this AGREEMENT. The Waypoints Client Responsibility Agreement, that is executed at the base prior to boarding, is an integral part of and an agreed addendum to this Bareboat Charter AGREEMENT, with all terms and responsibilities set forth therein being accepted by the parties hereto as if they were disclosed herein – a copy, for prior review, is included with this contract.
ARBITRATION
Any controversy or claim arising out of or relating to this AGREEMENT, or the breach thereof, shall be settled by arbitration through the British Virgin Islands International Arbitration Centre or Similar. The Waypoints Yacht Operations Manual, DRA, and Off-Limits Areas are an integral part of and an agreed addendum to this Bareboat Charter AGREEMENT, with all term’s responsibilities set forth therein being accepted by the parties hereto as if they were disclosed herein. If any provision of this AGREEMENT or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this AGREEMENT and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
FIND US
FINE SAILING NAUTICAL LIMITED
2 The Charter, Santry Cross, Dublin, Ireland
Office: Put Žnjana 43, Split, Croatia
