Terms and Conditions
CHARTER AGREEMENT
1) COVID-19 CONDITIONS AND CANCELLATIONS
If government regulations or Covid-19 related illness prevents the CHARTERER from commencing the CHARTER, the remedy is to reschedule the CHARTER and the funds will be held as a credit for a 12-month period. The credit can only be used for the VESSEL specified in the Particulars of Charter.
Case-by-case scenarios may result in alternative actions at YACHTSMEN INTERNATIONAL’S discretion.
2) CHARTER FEE
The CHARTER FEE shall include:
Fuel, including fuel for the use of the VESSEL’S Tender, cruising at the rate stated in the Particulars of Charter.
All meals: Tailored catering based on a completed preference sheet, including breakfast, lunch, dinner, and snacks. Non-alcoholic beverages for CHARTERER and guests. All meals and beverages are based on the ship’s standard offering, and special requests will incur additional fees.
Communications include internet access but not including usage of satellite phone;
Berthing fees, including pick up and drop off at the approved Place of Delivery and Re-Delivery;
10% GST;
The use of the Tender, operated by crew only, and water sports equipment on board the VESSEL.
If the CHARTERER and or the CHARTERER'S GROUP, requests services or items other than those specified in this AGREEMENT then these will be charged to the CHARTERER in addition to the CHARTER FEE set out in this AGREEMENT. All additional expenses incurred during the Charter Period must be paid before the CHARTERER departs the VESSEL at the completion of the CHARTER.
The CHARTERER shall make payment to the STAKEHOLDER/BROKER into nominated bank account. All monies to be held in STAKEHOLDERS Trust and will be transfer to the OWNER’S bank account upon successful completion of CHARTER.
The CHARTERER shall pay the CHARTER FEE to the STAKEHOLDER/BROKER in two instalments:
The FIRST INSTALLMENT totalling 50% of the CHARTER FEE at the time of booking; and
The second instalment totalling the final 50% of the CHARTER FEE and any additional charges 30 days prior
to the commencement of the Charter Period.
All payments held in TRUST.
Not included in the CHARTER FEE:
Alcoholic beverages. Alcohol is all BYO (Orders for Alcoholic beverages can be placed and paid for by the
CHARTERER at the local bottle shop and collected by the crew prior to the CHARTER).
Additional fuel for extra cruising hours.
Additional activities, including tours, water sport equipment hire, and diving activities.
3) SECURITY DEPOSIT
The CHARTERER shall provide credit card details for a Security Deposit to the STAKEHOLDER/OWNER prior to commencement of the Charter Period (held with credit card details on file).
The OWNER may use the details for a Security Deposit or in the event that the CHARTERER or the CHARTERER’S GROUP causes damage or loss to the VESSEL during the Charter Period.
Providing that no amounts are due to the OWNER, the OWNER shall at the end of the Charter Period discard the Security Deposit information of the CHARTERER.
4) PAYMENTS
It is further understood that full payment of the CHARTER FEE will take place in accordance with the “PAYMENT OF FEES” section on page 1 of this AGREEMENT.
5) DEFAULTS IN PAYMENT
Should any instalment of CHARTER FEE not be paid on the date designated, the CHARTERER will be advised in writing and will have 7 days to pay balances due. If the default continues thereafter, the OWNER shall be so be advised by the BROKER, and the OWNER shall have the right to cancel this AGREEMENT without prejudice to his rights in respect of any arrears of Charter money, or of any breach by the CHARTERER of the conditions contained herein.
6) CANCELLATIONS
During the Charter Period, the OWNER may terminate this AGREEMENT in the event of any serious breach by the CHARTERER of any term of the AGREEMENT.
Prior to the commencement of the Charter Period, the OWNER may terminate the AGREEMENT for reasons relating to Force Majeure. In this event, the OWNER shall offer the CHARTERER a refund of the full amount paid without interest or the option to reschedule the CHARTER.
Prior to commencement of the Charter Period, the OWNER may terminate the AGREEMENT, by reason other than Force Majeure, the CHARTERER shall be entitled to repayment of the full amount of all payments made under the terms of the AGREEMENT without interest.
d. Should the CHARTERER give notice of cancellation of this AGREEMENT on or at any time before the commencement of the Charter Period, some or all of the CHARTER FEE may be retained by the OWNER, which will be determined as follows:
0% of the CHARTER FEE refunded by the OWNER to the CHARTERER if cancellation is received from the CHARTERER to the OWNER between 0 and 30 days prior to the commencement of the Charter Period. The full CHARTER FEE will be payable by the CHARTERER to the STAKEHOLDER/BROKER.
100% less a 10% booking and administration fee of the FIRST INSTALMENT of the CHARTER FEE will be refunded by the OWNER to the CHARTERER if cancellation is received from the CHARTERER to the OWNER in writing over 30 days prior to the commencement of the Charter Period.
7) BROKERAGE
The OWNER and CHARTERER recognize Chloe James of Yachtsmen International as the sole BROKER in connection with this AGREEMENT. The OWNER agrees to pay said BROKER in connection with said CHARTER in accordance with the Central Agent Agreement signed 4 APRIL 2023 and for any extensions and subsequent charters of the VESSEL by the CHARTERER arranged by BROKER for a period of 6 months from the end of the initial CHARTER. The OWNER is permitted to revise this AGREEMENT at any time. The parties, understand and agree that the function of the BROKER is solely that of arranging the CHARTER and that the BROKER is not responsible for the CHARTERER’S, OWNER’S, or Crew’s actions at any time, nor will the BROKER be liable for the satisfaction of the CHARTER or any actions or events outside the BROKER’S direct control. The OWNER agrees for itself and on behalf of the VESSEL’S Master and Crew and the OWNER’S other employees and agents not to solicit future business from the CHARTERER without the written consent of the BROKER, or Master in accordance with the Central Agent Agreement signed 4 APRIL 2023.
8) DELIVERY
The OWNER agrees to deliver the VESSEL at the Place of Delivery in full commission and in proper working order, having all licenses required for any jurisdiction within the area of CHARTER, outfitted as a VESSEL of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and utensils, blankets, linens, and towels; in staunch, clean and good condition throughout and ready for service; and, further agrees to allow demurrage pro rata to the CHARTERER for any delay in Delivery, unless caused by Force Majeure. Should it be impossible for the OWNER to make delivery within twenty-four hours after the start of the Charter Period (for any reason other than Force Majeure), the CHARTERER may cancel or reschedule this AGREEMENT. Any CHARTER FEE deposits paid in advance (plus BROKER’S commission) shall be returned by the OWNER in full to the CHARTERER at the CHARTERER’S option without further liability to the OWNER.
9) FORCE MAJEURE
Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, weather, or other occurrences beyond the reasonable control of the OWNER, and not caused by the OWNER’S negligence. No warranty is made as to the suitability of weather with respect to this CHARTER. If a Named Storm threatens or is forecast to threaten the expected location of the VESSEL, as determined by the Master in their sole discretion, the Master shall have the option of terminating or cancelling the CHARTER any time that they deem necessary. No refund is provided for cancellation due to weather. In the event of a Force Majeure event taking place, the CHARTER may still proceed however, the Master may at his or her sole discretion, change the original proposed CHARTER Cruising area to alternative destinations.
10) AUTHORITY
The OWNER warrants that the Master meets all requirements necessary to legally command the VESSEL in the area chartered. While it is agreed the CHARTERER may determine the general movements and destination of the VESSEL within the boundaries of this AGREEMENT, it is understood that the Master is in full command, and that the CHARTERER agrees to abide by his or her judgment as to clearance, sailing, weather conditions, anchorages, and other pertinent matters.
11) MASTER AND CREW
The OWNER shall provide a Master for the VESSEL, qualified in accordance with the VESSEL’S flag state requirements and to the approval of the insurers of the VESSEL.
The OWNER shall provide a suitably qualified and properly trained Crew.
The Master and Crew shall comply with the applicable laws and regulations of Australia and the VESSEL’S flag state during the course of this AGREEMENT.
The Crew shall not carry or use any illegal drugs on board the VESSEL
The Master and Crew shall at all times keep all information related to this AGREEMENT, the OWNER, the CHARTERER, and all Guests as confidential and shall not disclose any information unless prior permission in writing has been sought, they are required to do so by law or in circumstances related to the immediate health and safety of anyone onboard the VESSEL.
The parties acknowledge that the Master and Crew are entitled to a minimum amount of rest in accordance with the VESSEL’S Code of Practice, including the Maritime Labour Convention (MLC) 2006.
The OWNER shall ensure that the Master shows the CHARTERER the same attention as if the CHARTERER were the OWNER of the VESSEL.
The OWNER shall direct the Master to comply with any reasonable directions given by the CHARTERER regarding the management, operation, and movement of the VESSEL, weather, and other circumstances permitting.
The Master shall not be bound to comply with any direction from the CHARTERER that they reasonably believe may result in the VESSEL being operated in an unsafe manner, or which may result in the VESSEL moving to any port or place that is not safe and proper, or which would, in the reasonable opinion of the Master, cause a breach of this AGREEMENT.
Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Master, the CHARTERER or any guests of the CHARTERER fails to comply with this AGREEMENT, and if such failure continues after the Master has given warning to the CHARTERER of the non-compliance, the Master shall inform the OWNER, and the OWNER may terminate this AGREEMENT forthwith or instruct the Master to return the VESSEL to the place of Re-Delivery and upon such return this AGREEMENT shall be terminated. The CHARTERER and the CHARTERER’s guests shall disembark, the CHARTERER having settled all outstanding expenses with the Master beforehand and the CHARTERER shall not be entitled to any refund whatsoever.
The OWNER shall give the Master of the VESSEL authority to exclude the CHARTERER and/or any of its guests from using any of the water sport equipment on board the VESSEL if they are not complying with the VESSEL’S Code of Practice, or are unsafe, behaving in an irresponsible manner or under the influence of alcohol when operating the water sport equipment.
12) LIENS
The CHARTERER, their agents, and/or employees, have no right or power to permit or suffer the creation of any Maritime Liens against the VESSEL. The CHARTERER agrees to indemnify the OWNER for any charges or losses incurred as a result of a breach of this paragraph, including reasonable attorney’s fees.
13) NON-ASSIGNMENT
The CHARTERER agrees not to assign this AGREEMENT or sub-charter the VESSEL without the OWNER’S consent in writing.
14) RESTRICTED USE
The CHARTERER agrees that the VESSEL shall be employed exclusively as a pleasure VESSEL for the sole and proper use of themselves, their family, guests and employees, during the term of this CHARTER, and shall not transport merchandise, or carry passengers for pay, or engage in any trade, nor in any way violate the Laws of any Government within the jurisdiction of which the VESSEL may be at any time, and shall comply with the law in all other respects.
15) DURATION OF CHARTER
The duration of the CHARTER is the Charter Period.
The Charter Period includes time taken by the CHARTERER to embark and disembark and the Master may pull into the point of Re-Delivery up to 10 minutes prior to the end of the Charter Period to allow time for the CHARTERER to disembark the VESSEL.
If the CHARTERER takes longer than 15 minutes past the end of the Charter Period to disembark, the CHARTERER will be charged for every 30-minute period thereafter (or part thereof) at pro rata the CHARTER FEE.
The OWNER is not responsible for any delays caused by the late arrival of the CHARTERER or any passengers, delays at the wharf caused by third parties or any other events beyond the control of the OWNER.
If, while the CHARTER is in progress, the CHARTERER wishes to extend the duration of the CHARTER, the extension will be at the sole discretion of the Master and will be charged pro rata of the CHARTER FEE.
16) CHARTER COURSE
The course to be undertaken during the CHARTER may be agreed in advance with YACHTSMEN INTERNATIONAL or with the MASTER on the day of CHARTER. The CHARTERER acknowledges that the MASTER always has sole discretion to take whatever action is necessary to protect and maintain the safety, welfare, and good order for the VESSEL, its passengers, and crew with regard to cruising course, weather conditions, anchorage, clearance, and any other activity on the water.
17) CONDITIONS OF USE
The CHARTERER shall, while on board the VESSEL during the Charter Period, comply with and shall ensure that its guests comply with:
The laws and regulations of Australia;
All instructions from the Master and crew; and
The requirements of the VESSEL’S Code of Practice, including the proper use of recreational non-motorised sporting equipment and snorkelling.
The CHARTERER shall ensure that no pets or other animals are brought on board the VESSEL unless the prior written consent of the OWNER has been provided.
The CHARTERER shall ensure that the behaviour of the CHARTERER and its guests shall not cause a nuisance to any person or bring the VESSEL into disrepute.
The CHARTERER shall not be permitted to hold any parties on board the VESSEL.
The CHARTERER and their guests shall not be permitted to smoke while on board the VESSEL, including the smoking of e-cigarettes unless agreed by the Master.
The CHARTERER is not permitted to wear shoes while on board the VESSEL. All shoes must be removed prior to boarding the VESSEL.
The CHARTERER and its guests shall notify the Master or a member of the Crew immediately in the event of any accident or incident that takes place while on board the VESSEL.
The CHARTERER and its guests are not permitted to bring on board or consume any illegal drugs or weapons, including firearms. If the CHARTERER and/or their guests breach this clause 3(h), the OWNER may terminate this AGREEMENT immediately without a refund being payable to the CHARTERER.
The VESSEL is not to be used for any commercial photo or film shoots of any nature unless prior written permission has been provided by the OWNER.
If the CHARTERER or any of their guests infringes any of the terms of this AGREEMENT, the Master shall issue a warning to the CHARTERER. If the infringement continues, the Master will notify the OWNER and the OWNER may terminate this AGREEMENT in accordance with clause 12 of this AGREEMENT.
If the CHARTERER or any of their guests commits an offence contrary to the laws and regulations of Australia, which results in any member of the Crew of the VESSEL being detained, fined, or imprisoned, or the VESSEL be detained, arrested, seized, or fined, the CHARTERER shall indemnify the OWNER for all loss, damages and expenses incurred by the OWNER. The OWNER may terminate the AGREEMENT in accordance with clause 10 of the AGREEMENT.
18) CHARTERERS GUESTS
The CHARTERER shall not at any time during the Charter Period permit more than the maximum number of guests to board the VESSEL.
The CHARTERER shall be fully responsible for any children brought on board the VESSEL including being responsible for their conduct and entertainment. No member of the Crew shall be responsible for the conduct or entertainment of any children on board the VESSEL.
The nature of the CHARTER may render it unsuitable, impractical, or uncomfortable for anyone with a disability (physical or intellectual) or for anyone undergoing medical treatment. Whilst the OWNER is willing to make reasonable adjustments in accordance with its legal obligations, there are practical limits to the changes that can be made to the VESSEL or the access to the VESSEL to accommodate all disabilities. The OWNER reserves the right to restrict access to the VESSEL if the special services or facilities required would impose unjustifiable hardship on the OWNER. By signing this AGREEMENT, the CHARTERER warrants that all guests on board the VESSEL are medically fit to endure the CHARTER.
19) NAVIGATION LIMITS
The CHARTERER agrees to restrict the cruising of the VESSEL to the area specified on the 1st page of this AGREEMENT, Cruising Area.
The CHARTERER may agree upon a course within the Cruising Area, in advance with the OWNER or the Master. The OWNER or Master may alter the agreed course at their sole discretion, having regard to any conditions which may affect the safety of the VESSEL or any passengers.
20) INSURANCE
For the duration of the Charter Period the OWNER shall insure the VESSEL against all customary risks for a VESSEL of her size, value, and type on cover no less than is provided under the Institute Yacht Clause 1.11.85 or other recognised terms.
The insurance maintained and effected by the OWNER shall cover war, strikes, pollution, and include insurance of Crew against injuries and/or third-party liabilities.
The CHARTERER shall be liable for any loss, damage, injuries, or liabilities arising from any act or negligence of the CHARTERER or his guests and not recoverable by the OWNER under their insurance.
The OWNER shall ensure that copies of all relevant insurance policies and documentation shall be carried on board the VESSEL and available on request of inspection by the CHARTERER prior to the Charter Period providing the CHARTERER has provided reasonable notice to the OWNER.
The CHARTERER shall affect insurance for any personal effects, medical, and accident expenses (including emergency transport evacuation) incurred during the Charter Period.
In any event, the liability of the OWNER, their employees, agents, and sub-contractors is limited in accordance with the Limitation of Liability for Maritime Claims Act 1989 (as amended, re-enacted, or replaced).
21) BREAKDOWN, DISABLEMENT, OR TOTAL LOSS OF VESSEL
If after Delivery of the VESSEL, the VESSEL shall at any time be disabled by breakdown of machinery, collision, or other cause preventing the CHARTERER’s reasonable use of the VESSEL for a period of between 12 and 48 consecutive hours or one tenth of the Charter Period, whichever is the shorter, and the disablement has not been brought about by any act or default of the CHARTERER, the OWNER shall make a pro-rata refund of the CHARTER FEE for the period of the disablement or, if mutually agreed, allow a pro-rata extension of the Charter Period corresponding with the period of disablement. In this event, the CHARTERER shall not be liable for any additional costs relating to the immobilisation of the VESSEL however, the CHARTERER shall remain liable for any usual expenses during the period of the VESSEL’S disablement.
In the event of the actual or constructive loss of the VESSEL or if the VESSEL is disabled for a consecutive period of more than 48 hours or more than one tenth of the Charter Period, whichever is shorter:
The CHARTERER may terminate the AGREEMENT by notice in writing to the OWNER via the Master if no means of communication is available;
The OWNER shall repay to the CHARTERER the CHARTER FEE on a pro-rata basis and without interest;
In the event of such termination, the CHARTERER may affect Re-Delivery by giving up possession of the VESSEL at her current location;
The CHARTERER shall be entitled to recover from the OWNER the reasonable cost of returning the CHARTERER and his guests to the place of Re-Delivery together with any reasonable accommodation expenses incurred.
After disablement of the VESSEL for a period of more than 48 hours or one tenth of the CHARTER Period, whichever is shorter, and depending on the nature and severity of the disablement, by mutual AGREEMENT the CHARTERER may remain on board the VESSEL for the duration of the CHARTER PERIOD and the CHARTERER will have no further or additional claim against the OWNER.
25) RESPONSIBLE SERVICE OF ALCOHOL
The VESSEL operates under the Responsible Service of Alcohol (RSA) and as such reserve the right to refuse service to the CHARTERER and the CHARTERER’S GROUP under 18 years of age or who is perceived intoxicated, for all CHARTERS including those who utilise Bring Your Own (BYO) beverage service.
The CHARTERER and the CHARTERER’S GROUP are not permitted to carry alcohol from the VESSEL on disembarkation, a suitable collection time can be arranged on another day for leftover beverages. In line with RSA, the VESSEL’s Crew are happy to assist passengers to book suitable transport for their safe onward journey after disembarkation.
29) DRUGS AND OTHER ILLEGAL ACTIVITIES
The use, transportation, or possession of illegal drugs or narcotics (INCLUDING MARIJUANA) or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the CHARTER and shall be cause for immediate termination of this AGREEMENT without refund of any payments made by CHARTERER. CHARTERER will be held responsible for any loss or damage to the VESSEL due to any such violations and will be put ashore at the next port of call.
30) STINGER SUITS
During stinger season (November to May) it is strongly advised for the CHARTERER and the CHARTERER’S GROUP to wear a stinger suit when entering the water. Stinger suits need to be hired by the CHARTERER prior to the CHARTER and at their expense. If the CHARTERER or the CHARTERER’S GROUP fail to adhere to this advice, they do so at their own risk.
31) SWIMMING AND WATERSPORTS ACTIVITIES
Swimming and/or water sport activities, including Stand Up Paddle Boards, must be arranged ahead of CHARTER, so a suitable charter course and swimming location can be provided. Swimming and water sport activities are only permitted during daylight hours, when the VESSEL is at anchor, and all passengers entering the water do so at their own risk. YACHTSMEN INTERNATIONAL and the VESSEL take absolutely no responsibility for your safety for swimming and any water activities that carry throughout the CHARTER.
ACTIVITY WAIVER
An Activity Waiver will need to be signed at the beginning of the CHARTER by the CHARTERER and each of the CHARTERER’S GROUP if they wish to participate in any activities off the VESSEL during the CHARTER.SWIMMING AND ALCOHOL CONSUMPTION
YACHTSMEN INTERNATIONAL does not permit any swimming off the VESSEL or participating in any water sport activities after the consumption of alcohol and reserves the right to prevent any passenger/s who are deemed unfit from entering the water to ensure the safety of passengers, crew, and equipment.WATER SPORTS
Due care and diligence will be given to the sea state on the CHARTER Day. The CHARTERER acknowledges that the Master always has sole discretion to cancel water sports due to unfavourable weather conditions (including but not limited to wind, severe weather, tidal currents, or risk associated from marine wildlife). If an additional cost for Water Sport has been incurred, it will not be reimbursed to the CHARTERER. Any additional cost to hire an extra Crew for specific water sports will not be refundable.
32) REDELIVERING
The CHARTERER agrees to re-deliver the VESSEL, her equipment, and furnishings, free and clear of any indebtedness incurred for/by the CHARTERER, at the Place of Re-Delivery at the expiration of the CHARTER. The CHARTERER also agrees to be responsible for and to replace or make good any injury to the VESSEL, her equipment, and furnishings caused by themselves or by any of their guests, less ordinary wear and tear, except to the extent such claims are covered by insurance as provided above. This means that the CHARTERER shall be responsible for any costs up to the amount of any deductible. Should the CHARTERER hinder the VESSEL’S Re Delivery to the place and time stipulated, for whatever cause, he shall pay the OWNER demurrage pro rata for additional Charter Period, plus any other losses the OWNER sustains related to the delayed Re-Delivery. If the delay in Re-Delivery is due to Force Majeure, the CHARTERER is not held responsible for any additional CHARTER FEES.
33) DISPUTE RESOLUTION
Should the OWNER and CHARTERER be unable to reconcile any differences that may arise with respect to the CHARTER or this AGREEMENT, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided.
34) COMPLAINTS
The CHARTERER shall in the first instance give notice of any complaints in relation to the CHARTER of the VESSEL to the Master on board the VESSEL.
The Master shall take note of the date, time, and nature of any complaints received from the CHARTERER and notify the OWNER as soon as reasonably practicable.
The Master and the OWNER shall take all reasonable steps to resolve the complaint while on board the VESSEL.
In the event that the complaint cannot be resolved on board the VESSEL, the CHARTERER shall give notice to the OWNER within 24 hours of the event or occurrence unless it is unable to do so due to a failure or non-availability of the VESSEL’S communications equipment.
The CHARTERER may give verbal notice to the OWNER of any complaints and as soon as possible shall provide notice of the complaint in writing to the OWNER
35) PRIVACY
The OWNER is committed to ensuring that all personal information it holds about the CHARTERER is collected, used, stored, and disclosed in accordance with its obligations under the Privacy Act 1988 (Cth).
The CHARTERER acknowledges that the OWNER will collect, use, and store its personal information for purposes related to this AGREEMENT only and may disclose its personal information to a third party in the following circumstances:
i. if required to do so by law; or
ii. to a debt collection agency in the event that the CHARTERER defaults on any payments due to the OWNER