Rental Contract
Yacht Charter
This contract is between
Boreal Yachting
and
The Hirer
as defined in the following pages
The Contract
This contract has been agreed between the parties as stated below
Contract Type / Svalbard CharterContract number / 00106/2018
Rental
company / Name
Address
Phone / Boreal Yachting AS
P.O Box 4107, Kvaløysletta, 9280 TROMSØ, Norway
+47 99381360
Hirer / Name
Address
Phone / Little Graham
, , United Kingdom
Agency / Name
Address
Phone / NPE Media Ltd
, , United Kingdom
Yacht / Model
Name / Ovni 445
Aleiga
Rental time / Start
End / 01-05-2018
06-05-2018
The yacht should be in the harbour the night before disembarkation.
Commercial / Total sum
Deposit / NOK 0.00
NOK 0.00 to be paid one weekbefore check-in
Extra's (invoiced) / Dayrental Yacht incl running costs + skipper 117500.00 NOK
Skipper Svalbard 0.00 NOK
Bedclothes (per person) 0.00 NOK
Dingy & Outborder 0.00 NOK
IMO approved lifejackets 0.00 NOK
Additionals
Payment Plan / As agreed in Order Confirmation 18-00322
As agreed in Order Confirmation
Insurance / Insurance company / Pantaenius GmbH & Co,Scandinavien, Postbox 110, DK-7800 Skive, Denmark.
Upon signing this contract you will accept the rules as stated by the insurance company.
The charter company is not responsible for any activities ashore.
Other
agreements / Running costs are not included. (E.g. harbour fees, fuel, gas, etc.)
Maximum number of passengers is limited as specified by Boreal Yachting
Cutting and cleaning of fish in the yacht is strictly forbidden
Terms & Conditions / By signing this contract or executing the first payment, whatever comes first, you will accept the Boreal Yachting Terms & Conditions, including appendix 1 and 2.
Tromso, 28-02-2018
------/ ------/ ------Little Graham
Hirer - sign / NPE Media Ltd
Agency - sign / Boreal Yachting
Ivar M. Bertelsen -sign
General Terms & Conditions
These Terms & Conditions apply to booking that you make with Boreal Yachting and should therefore be read carefully. Terms & Conditionscontain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.
1. Purpose of the Contract
We are Boreal Yachting, offering various sea based activities. Registered Office: Postboks 4107, Kvaløysletta, 9280 TROMSØ, Norway. Registered in Norway; NO 997672488 MVA. By signing this contract you agree to these terms & conditions. A contract exists as soon as the customer signs this contract or pays the first invoice. Notification of discrepancies should be made immediately.
2. Method of Payment Payment of the charter shall be made in instalments - Details are listed on your order confirmation and in the contract.
3. Taking the Yacht into possession Taking the yacht into possession is effective once the formalities below have been completed. a) Full payment of the charter b) Submission of Crew list and arrival details (no later than 2 weeks prior to charter) c) Submission of Sailing Certificate or Experience Report (not applicable when a Boreal Yachting skipper is on board)d) Refundable Deposit is made (only applicable on bare boat charter)
4. Boreal Yachting’s Obligations
Boreal Yachting will provide a navigable yacht equipped according to the laws and regulations in force of the flag and registration of the yacht at specified start time. Boreal Yachting will hand over the yacht papers specifying the navigation area, period authorized and area/yacht covered by insurance. Should the specified Yacht not be available, Boreal Yachting reserves the right to substitute with a similar Yacht. In the event of the yacht being cheaper/smaller, Boreal Yachting will refund the price difference or alternatively you may elect to cancel the charter with a full refund. The Hirer shall be entitled to a pro-rata portion of the charter fees covering periods of delay in delivery of the Yacht. Alternative accommodation will be arranged and paid for by Boreal Yachting whilst the yacht is delayed.
The hirer must be notified as soon as possible when Boreal Yachting has reason to believe that the vessel will be delayed or not able to be delivered in the condition outlined in the contract.
5. Competence of Hirer
The Hirer shall at all times conduct themselves in a reasonable and responsible manner, demonstrate good seamanship and use the vessel in a responsible way. The Hirer must familiarise himself/herself with the vessel and the prevailing conditions in the Hirer’s preferred cruising ground.
The hirer/skipper must document relevant sailing experience and must be accompanied on board by at least one other competent sailor who is capable of commanding the vessel.
Should Boreal Yachting discover that the Hirer/Skipper is not competent to handle a yacht; or another competent sailor is missing, Boreal Yachting reserves the right to terminate this agreement forthwith with no refund of charter fees or, if available, employ a skipper for an additional charge. The Hirer acknowledges that Boreal Yachting does not independently investigate the competency of any Hirer to sail, but relies solely on the information provided (Sailing Certificate and Experience Report). The Hirer agrees not to sail the Yacht single-handed and to ensure at all times a competent skipper (over 18 years of age) and leading crew member are aboard except while safely docked. At anchor at least one competent person shall stay on board.
Boreal Yachting reserves the right to terminate the arrangement without liability if the Hirer or crew behaviour (in Boreal Yachting’s reasonable opinion) is causing distress, damage, danger or annoyance to the crew, other customers, staff, any third party and property – Boreal Yachting shall not be liable for any costs incurred.
Boreal Yachting reserves the right to accompany the Hirer on a brief voyage at sea to enable the skipper/crew to demonstrate their competence.
6. Obligations of the Hirer
Should the Hirer not be present at the specified date/time due to whatever reason, Boreal Yachting needs to be informed and alternative time of delivery to be agreed.
The Hirer must examine the Yacht prior to departure to determine whether the vessel and dinghy are in good working order, are properly outfitted with all standard safety equipment and accessories as well as any other requested items (inventory).
Acceptance by the Hirer certifies that Boreal Yachting has fulfilled its obligations. Boreal Yachting strictly prohibits the use or consumption of illegal drugs on board. Boreal Yachting shall not be held liable for claims resulting in property damage arising from or related to consumption of alcohol or drugs.
7. Use of the vessel
The Hirer agrees to take on board the number of Passengers stated on the Crew list. This must not exceed the maximum number as specified by Boreal Yachting. The Hirer is only permitted to take persons named on the crew list.
The yacht is only to be used for pleasure. Racing is not permitted except for booked events when specific conditions apply. The vessel shall not transport merchandise, engage in trade, nor in any way violate the laws of any other government within the jurisdiction.
Cruising area is restricted to Norwegian waters and within 10 nm of the coastline as well as the area
South of latitude N 80º 00.0 and West of Verlegenhuken
West of the line between Sørkapp (N 76º 35.0 E 17º 00.0 ) and Nordkapp
East of longitude E 09º 00.0
Should permission be given to cruise outside the cruising area, then the Hirer is fully responsible for the maintenance and management of the yacht and crew. In this case the Refundable Security Deposit is not the maximum liability of the Hirer.
Dogs, cats or other pets are not allowed on any of our yachts. Boreal Yachting yachts are smoke free.
Cutting and cleaning of caught fish is forbidden on board.
Breach on the previous mention regulations is subject to additional charging.
8. Redelivery of the vessel
The Hirer agrees to return back to the port specified not later than 16:00 the day before charter end. The Hirer agrees to return the yacht fully equipped, clean (inside and outside) and in the same condition as first delivered, includingrefill of water and fuel tanks and drained septic tank.
The Hirer should allow sufficient time to make this re-delivery taking into account prevailing weather conditions. Should the Hirer be delayed, Boreal Yachting needs to be informed immediately. Otherwise Boreal Yachting has the right to:
a) Charge a pro rata fee for the time the delivery is delayed plus 25% for any loss due to the delayed delivery.
b) Charge for all expenses involved in returning the yacht to the originally agreed port (should the yacht be left at any other location).
Boreal Yachting cannot claim compensation if the Hirer can document that the vessel’s late return results from impediments outside the Hirer’s control and for which the Hirer could not reasonably have been expected to foresee (force majeure). Weather conditions are not included within the term force majeure.
9. Insurance
All yachts in Boreal Yachting are covered by a standard marine yacht insuranceagainst direct physical loss and damage to the vessel, bodily injury, property damage and civil liability.
Details for each yacht / area canbe provided upon request.
The Hirer is encouraged to review his/her current health and liability insurance to ensure proper coverage during the period of his charter. A supplementary insurance for cancellation is recommended
10. Hirer’s Security Deposit / Insurance
The Security Deposit is refundable when return of the vessel has been completed by Boreal Yachting no later than one week (seven days) after the conclusion of the charter period as long as no disputes have arisen.
In cases of gross negligence, sailing under the influence of alcohol or drugs or taking the yacht single handed, the Refundable Security Deposit is not the maximum liability of the Hirer.
A supplementary insurance for cancellation is recommended.
In addition, the Hirer is encouraged to review his/her current health and liability insurance to ensure proper coverage during the period of his charter.
11. Accidental Damage, Fire, Theft
In the event of damages, collisions and loss of equipment, the Hirer must take all reasonable steps to minimize further loss.
1. Report the incident immediately to Boreal Yachting.
2. Promptly report to the local Authorities any damage or loss to people or other property
3. Instances of theft or burglary must also be reported to the nearest police station.
Boreal Yachting and the Hirer must reach agreement on how the Hirer will further act.
12. Cancellation of contract by Hirer
Cancellations made prior to one month before the commencement of the charter will result in a charge of 50 percent of the agreed and paid charter fee. Cancellations made one week or more but less than one month prior to the commencement of the charter will result in a charge of 75 percent of the agreed charter fee. Cancellations made less than one week (seven days) prior to the commencement of the charter will result in a charge of 90 percent of the agreed charter fee.
If the owner is able to re-charter the yacht for all or part of the discontinued charter period, the charge will be adjusted accordingly. In the event of cancellation, the Hirer will always be charged a minimum of 10 percent of the agreed charter fee.
In the event of sickness, death and other impediments outside of the Hirer’s control, which the Hirer could not reasonably have been expected to take into consideration at the time of entering into the charter contract (force majeure), the Hirer will still be charged 10 percent of the agreed charter fee.
13. Transfer of contract
In the event that the Hirer is prevented from using the yacht for the period of the charter, the contract can be transferred to another person. Transfers must be approved in writing by Boreal Yachting,.
14. General
Use of the onboard VHF-radio requires a radio license. Fees for radio use must be covered by the Hirer.
After signing the check in form when picking up the vessel, the Hirer assumes full responsibility for the vessel with any faults, as noted on the form. The Hirer cannot claim loss of time/expenses that result from faults or malfunctions which occur on board, unless they result from negligence by the vessel owner.
Boreal Yachting is not to be held responsible for any shore/land based activities. Any special conditions noted in the contract are accepted and regarded as a formal part of the contract agreement.
14. Skipper
The Skipper undertakes the same contractual responsibilities as the Hirer in cases where the Skipper is not the Hirer.
15. Disputes
Any misunderstandings or disputes, which cannot be mutually settled, will be referred to under Norwegian court.
I accept the Terms & Conditions
Date; / - 20
______
Little GrahamHirer - sign
Boreal Yachting
Appendix 1; Before arrival check list
Please submit the following information to Boreal Yachting at the latest 10 days before your journey starts. Boreal Yachting cannot guaranty deliveries of orders and pick-up on shorter notice.
- Complete crew list completed ( download template)
- Copy of sailing certificate
- Radio license
- Skipper CV – nautical experience ( download template)
- Crew CV – nautical experience ( download template)
Travel times
- Boreal Yachting has been informed about flight arrival and departure times.
(Pickup is as of now only possible for clients arriving/departing Tromsoe)
Additional Orders
- The number of bed linen and towels
- Food supplies according to food order list (please download)
Deposit for the charter to be paid by
- Bank transfer
Accomodation before / after trip is ordererd
Notes;
Appendix 2; Additional Terms & Conditionsfor cruises above latitude N 71° 00.0
The hirer declares the he or she will pay attention and make sure that the crew act carefully in all aspects, both at sea and at land in Svalbard, Bjørnøya and Jan Mayen. Furthermore that the hirer is updated on special conditions, dangers and regulations in the Svalbard region
Sailing area permission
Boreal Yachting grants the hirer to take the yacht outside the area as stated in General Terms and Conditions section 7. The area granted is restricted by the;
South of latitude N 80º 00.0 and West of Verlegenhuken
West of the line between Sørkapp (N 76º 35.0 E 17º 00.0 ) and Nordkapp
East of longitude E 09º 00.0
Danger, Incidents and precautions
Sailing in arctic waters is challenging and the hirer must pay special attention to local conditions. The skipper must familiarize himself /herself with emergency procedures, contact point, area restrictions, meteorology, sea and ice conditions, navigational map quality and other. In case of immediate danger to crew and yacht, the skipper should contact appropriate instances without any delay and activate Search & Rescue if required.
In the event of unforeseen and foreseen situations, where crew or yacht is in not in immediatedanger, or can find themselves potential risky situations it is required to contact Boreal Yachting without any delay to present and discuss potential action to mitigate risk. Example on incidents are reduced ability to navigate, ice conditions, defects on yacht, defect navigational equipments, loss of property, accidents on shore and others. The skipper and responsible personnel from Boreal Yachting shall mutually seek the best possible solution. The skipper shall carefully consider advice from Boreal Yachting. This does not placethe skipper under guardianship and the skipper is fully responsible for crew and yacht.
At anchor, at least one crew member capable of sailing the yacht must always stay on board.
The skipper must familiarize himself /herself with the potential risk in the glacier front and respect the recommended minimum distance to glacier fronts.
Extra special care must be exercised when sailing in the waters around Svalbard. Navigation should be conducted with established navigational traditions using all available aids (including radar), comparing the observations from aids in use, maintaining a sharp lookout and generally applying sufficientmarginsat all times to maintain navigational safety.
Use of the electronic chart does not exempt the navigator from the operational obligations and requirements. The same professional and critical attitude should be maintained as with those for traditional navigation when a paper chart is used.
Other
- The skipper is responsible for havingat least one working satellite phone on board. Please state the number …………………………………..
- The skipper is responsible for ensuring that all activities are following regulations, taxes/insurance for search and rescue are valid, entrance permissions or other legislative decrees from the Governor of Svalbard (Sysselmannenare followed). Ref;
- Boreal Yachting is not to be held responsible for any changes in sailing restrictions imposed by the Norwegian authorities.
Signatures; Date ______
Skipper ______Co-Skipper ______