agrees to let the yacht to the CHARTERER and not to enter onto any other
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.
One hundred percent (100%) of the Charter Fee and the Delivery Fee and/ or
Re-Delivery Fees (if applicable) shall be paid to Krishna Developments Limited
at the time of booking. Unless specified under “Condition” in
the Agreement form, the balance shall be received in cleared funds, one (1)
calendar month prior to commencement of the charter Period. The monies provided
for in the above shall be paid into an account specified at the time of booking.
$5,000 for one day charters
and
$8,333 for charters exceeding
one day shall be paid to Krishna Developments
Limited one week prior to commencing
the charter. Payment may be made by
Cash or Bank Cheque.
Unless otherwise provided for on page one of this agreement the Security
Deposit shall be held by Krishna Developments Limited and 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 be returned to the client by post or as required
by the client within one week of the end of the Charter Period, or the settlement
of any outstanding questions, which ever is later, be refunded to the CHARTERER
without interest.
The Cruising area is to be agreed at the time of booking the charter and
to the discretion o f the captain.
The maximum number of person on board for day charter will be Eight (8i)
persons. The exact number to be agreed at the time of booking the boat. PLEASE
NOTE THAT AT NO TIME WILL THE MAXIMUM NUMBER OF PERSON AS DETAILED ABOVE
BE EXCEEDED. Failure to comply with this condition will result in the charter
being terminated and no refund being given.
The maximum number of persons sleeping on board will be 8 in 4 guest cabins.
PLEASE NOTE THAT AT NO TIME WILL THE MAXIMUM NUMBER OF PERSON AS DETAILED
ABOVE BE EXCEEDED. Failure to comply with this condition will result in the
charter being terminated and no refund being given.
The CHARTERER shall be responsible for the operating costs of the Yacht which
shall include but not be limited to Fuel, Food , Drinks and 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 from the
Security Deposit.
Should the CHARTERER give notice of cancellation of the 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, Krishna Developments Limited shall be entitled to treat this Agreement
as having been repudiated by the CHARTERER and to retain the full amount
of all payment made by the CHARTERER.
a) If, after commencing the charter,
the yacht is at any time disabled by way of collision,
grounding or other cause as to prevent reasonable use
of the yacht (in the opinion of the captain) the charter
period will be terminated and all monies forfeit. If
the breakdown is due to mechanical failure which in the
opinion of the captain means the boat cannot be continued
to be used for charter then Krishna Developments Ltd
will endeavour to repair the fault with 24 hours following
which an alternative vessel will be sought.
The CHARTERER shall use the Yacht exclusively as a pleasure vessel for the
use of himself and his Guests. The Charterer will not sub let the vessel.
The vessel will under no circumstances be used for any commercial purposes.
The CHARTERER shall ensure that no pets or other animals are bought on board
the Yacht. The CHARTERER shall ensure that the behaviour of himself and his
CHARTERS shall not cause a nuisance to any person or bring the Yacht into
disrepute.
The CHARTERER shall comply and ensure his Guests comply with the laws and
regulations of any country into 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 possessions
or use of any illegal drugs or any weapons (including particularly firearms)
shall be sufficient reason for Krishna Developments Ltd to terminate the
Charter forthwith without any recourse against the company and all charter
monies paid will be forfeit.
a) Krishna Developments Ltd shall insure 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 (Deductible)
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 CHARETERER 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 Yachts insurance.
The parties hereto hereby agree that this contract shall be governed by the
by and subject to the jurisdiction of the COURT OF PALMA DE MALLORCA at the
absolute discretion of Krishna Developments Ltd this contract shall be governed
by the Laws of the country of residence of the Charter and/or subject to
the jurisdiction of the country of residence of the Charterer.
FORCE MAJEURE – In this Agreement ‘force majeure’ means
any cause directly attributable 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 crew’s control
and not caused by Krishna Developments Limited’s Negligence
