1.
OBJECT OF THE AGREEMENT
Name of the Yacht : ..............................
Duration : .........................................
Type of the Yacht :
............................... Number of the
Crew : ...........................
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.
....../ ....../ ..........
....../ ....../ ..........
Floriday Holidays
Travel
:
CHARTERER :
