Terms and Conditions
SALYMAR, S.L. TERMS & CONDITIONS
1. THE OWNER agrees to let the Yacht to the CHARTERER and not to enter into any Agreement for the Charter of the Yacht for the same period.
The CHARTERER agrees to hire the Yacht and shall pay the Charter Fee, the Security Deposit and any other agreed charges, in cleared funds on or before the dates and to the Account specified in (2) of this Agreement.
2. PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNER/BROKER: Fifty percent (50%) of the Charter Fee and the Delivery Fee and/or Re-Delivery Fees (if applicable) shall be paid to SALYMAR S.L. at the time of booking. Unless specified under â€œConditionâ€ in the Agreement form, the balance shall be received in cleared funds, one (1) calendar month prior to the Commencement of the Charter Period. The monies provided for in the above shall be paid into an account specified at the time of booking.
3. SECURITY DEPOSIT â€“ the security deposit shall be paid to SALYMAR S.L. at the
commencement of the Charter Period prior to boarding the Yacht,. Payment may be made by
Cash, Bank Transfer or Bank Cheque, drawn on a Clearing Bank mutually agreed upon by the
CHARTERER and SALYMAR S.L.
4. RETURN OF SECURITY DEPOSIT â€“ Unless otherwise provided for on page one of this Agreement, the Security Deposit shall be held by SALYMAR S.L. and may be used in, or toward discharging any liability that the CHARTERER may incur under any of the provisions of this Agreement but to the extent that it is not so used, the Security Deposit shall, within twenty-four (24) hours of the end of the Charter Period, or the settlement of any outstanding questions, whichever is later, be refunded to the CHARTERER without interest.
5. CRUISING AREA â€“ The CHARTERER shall restrict the cruising of the Yacht to within the Cruising Area in which the Yacht is legally permitted to cruise. Should the CHARTERER be found not to keep to the Cruising Area he will be asked to disembark at the first convenient port and upon termination of this Agreement shall not be entitled to any refund of the Charter Fee or of the Deposit held.
6. MAXIMUM NUMBER OF PERSONS â€“ The CHARTER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on board plus a reasonable number of visitors whilst the Yacht is securely moored in port. If, in the reasonable opinion of SALYMAR S.L. the CHARTERER fails to observe the provision above concerning the Maximum Number of Persons on board, then SALYMAR S.L. may terminate this Agreement. In this case, the CHARTERER shall disembark at the first convenient port and upon termination of this Agreement shall not be entitled to any refund of the Charter Fee or of the Deposit held.
7. OPERATION OF THE YACHT â€“ In the event of the Yacht being Chartered under a Bareboat Agreement, the CHARTERER agrees if, in the reasonable opinion of SALYMAR S.L. the CHARTERER is not competent to handle the Yacht in a safe and seamanlike manner, the CHARTERER will, at his own cost undertake to use the services of a professional Captain designated by SALYMAR S.L. until such a time that the designated Professional Captain deems that the CHARTERER is competent to handle the Yacht without the services of the Professional
Captain. The CHARTERER shall be responsible for the operating costs of the Yacht which shall include but not be limited to: Fuel, Lubricating Oil, Filters, Port Charges other than home berth, any losses, breakages or damage beyond reasonable fair wear and tear caused to the Yacht or its equipment by the CHARTERER, (whether intentionally or non-intentionally), shall be deducted form the Security Deposit.
8. DELAY IN DELIVERY
If by any reason on force majeure in (14), SALYMAR S.L. fails to deliver the Yacht to the CHARTERER at the Port of Delivery at the commencement of the Charter Period and delivery is made within forty eight (48) hours of the scheduled commencement date, or within one-tenth (1/10) of the Charter Period, whichever is the shorter, SALYMAR S.L. shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate, or if it be mutually agreed SALYMAR S.L. shall allow a pro rata extension of the Charter Period.
9. FAILURE TO DELIVER
(a) If by any reason of force majeure SALYMAR S.L. fails to deliver the Yacht within forty-eight (48) hours or a period equivalent to one-tenth (1/10) of the Charter Period, whichever is the shorter, from the due time of delivery the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERERâ€™S exclusive remedy will be to receive payment without interest of the full amount of payment made by him to the OWNER or Stakeholder. Alternatively, if the parties mutually agree the Charter Period shall be extended by a period equivalent to the delay.
(b) If SALYMAR S.L. fails to deliver the Yacht at the Port of Delivery at thye commencement of the Charter Period other than reason of force majeure, the CHARTERER will be entitled to repayment without interest of the full amount of all payments made by him to SALYMAR S.L.
10. DELAY IN RE-DELIVERY
(a) If re-delivery of the Yacht is delayed by reasons of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charges against the CHARTERER
(b) If the CHARTERER fails to deliver the Yacht to the Owner at the Port of Re-Delivery due to intentional delay, then the CHARTERER shall pay forthwith to SALYMAR S.L. by direct transfer, demurrage at the daily rate, plus forty percent (40%) and if the delay in re-delivery exceeds twenty-four (24) hours, the CHARTERER shall be liable to indemnify SALYMAR S.L. for any loss or damage which SALYMAR S.L. shall suffer by reason of deprivation of use of the Yacht or cancellation of, or delay under any subsequent charter of the Yacht.
11. CANCELLATION BY CHARTERER
Should the CHARTERER give notice of cancellation of this Agreement on or at any time before commencement of the Charter Period the CHARTERER shall remain liable for all payments due prior to and unpaid at the date of cancellation. Should notice of cancellation be given by the CHARTERER or should the CHARTERER fail after having been given notice to pay any amount payable under this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payment made by the CHARTERER.
12. BREAKDOWN OR DISABLEMENT.
(a) If, after delivery, the Yacht is at any time disabled by breakdown of machinery, grounding, collision or other causes, so as to prevent reasonable use of the Yacht by the CHARTERER for a period of not less than twelve (12) consecutive hours of one-tenth(1/10) of the Charter Period, whichever is shorter and not more than forty-eight (48) consecutive hours or one-tenth (1/10) of the Charter Period, whichever is the shorter (and the disablement has not been brought about by any act or default of the CHARTERER), SALYMAR S.L. shall make a pro rata return of the Charter Fee from the date and time from when the Yacht was disabled or became unfit for use. The CHARTERER shall remain liable for normal expenses during this period. If it be mutually so agreed SALYMAR S.L. shall allow a pro rata extension of the Charter Period.
(b) If, however, the Yacht is lost, or so extensively disabled as aforesaid, that the Yacht cannot be repaired within forty-eight (48) hours or one-tenth (1/10) of the Charter Period, whichever is the shorter, the CHARTERER may terminate this Agreement by notice in writing to SALYMAR S.L. as soon as practicable after such termination the Charter Fee shall be repaid pro rata for that part of the Charter Period remaining after the date and time the loss or disablement occurred. In these circumstances the CHARTERER may effect re-delivery by giving up possession of the Yacht where she lies. The CHARTERER shall be entitled to recover from SALYMAR S.L. any reasonable costs of returning himself and his passengers to the port of re-delivery by scheduled services, together with any accommodation expenses reasonably necessary for this purpose.
13. USE OF THE YACHT
The CHARTERER shall use the Yacht exclusively as a pleasure vessel for the use of himself and his guests. The CHARTERER shall ensure that no pets or other animals are brought on board the Yacht without the consent in writing of SALYMAR S.L. The CHARTERER shall ensure that the behavour of himself and his guests shall not cause a nuisance to any person or bring the Yacht into disrepute. SMOKING IS EXPRESSIVELY FORBIDDEN IN ANY INTERIOR SPACE ON BOARD THE YACHT. The CHARTERER shall comply and ensure his guests comply with the laws and regulations of any country in whose waters the Yacht may enter during the course of this Agreement. The CHARTERER shall ensure that any bonded stores or other merchandise which may already be on board the Yacht or may be brought aboard the Yacht through the course of the Charter are cleared through customs before being taken ashore. It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly fire arms) shall be sufficient reason for SALYMAR S.L. to terminate the Charter forthwith without any recourse against SALYMAR S.L.
14. INSURANCE AND CHARTERERS LIABILITY
(a) THE OWNER. shall ensure the Yacht with first class insurers against all customary risks for a Yacht of her size and type.
(b) Under normal circumstances, the CHARTERER, shall only be liable for such costs or losses as may be incurred repairing damage caused by the CHARTERER or his guests (intentionally or otherwise) to the Yacht or any third party up to the level of the Excess (Deductions) on the insurance policy for each separate accident or occurrence.
(c) The CHARTERER may be liable for a sum greater than the Excess (Deductible) on any one accident or occurrence if the CHARTERER or any of his guests acted in such a manner (intentionally or otherwise) as to void or limit the cover under the insurance policy.
(d) The CHARTERER shall carry independent insurance for Personal Effects whilst on board or ashore and for Medical or Accident expenses incurred other than covered under the Yachtâ€™s Insurance.
The parties hereby agree that this contract shall be governed by the LAWS OF SPAIN (Palma De Mallorca) and subject to the jurisdiction of the Balearic Islands PROVIDED THAT at the absolute discretion of SALYMAR S.L. this contract shall be governed by the laws of the country of residence of the Charterer and/or subject to the jurisdiction of the country of residence of the Owner.
16. DEFINITIONS â€“ FORCE MAJEURE
In this Agreement, â€˜force majeureâ€™ means any cause directly attributed to acts, events, non-happenings, omissions, accidents or Acts of God, beyond the reasonable control of the OWNER or the CHARTERER (including but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation major mechanical or electrical breakdown beyond the crewâ€™s control and not caused by SALYMAR S.L.â€™s negligence.
17. OTHER FACTORS of importance
In this Agreement, based on motor yachts of up to 15 metres (49 foot) a â€œcrewâ€ tip is not applicable. On Motor and Sailing Yachts over 15 metres, with full crew, a minimum tip fee/expense is of 10% (ten per cent) of the agreed charter fee. Please note, normal crew tipping arrangements are 12% (twelve per cent) or over.