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. |
