BOAT CHARTER TERMS AND CONDITIONS
Paradise Charters (JH Marine Ltd.) and the Charterer(s) (together, the “Parties”, and each a “Party”) hereby agree:
Part A: Charter Agreement
- Agreement. These boat Charter Terms and Conditions (the “Terms”) form part of the boat charter agreement (the “Agreement”) being entered into between the parties identified on the information sheet (“Information Sheet”) to which these Terms are attached.
- Agency. Paradise Charters (JH Marine Ltd.) (“PARADISE”) is a broker of yacht charters, is not the owner of the Vessel, and is authorized by the OWNER to enter into this Agreement solely as agent for the OWNER. Any reference in these Terms to PARADISE is a reference to PARADISE in its capacity as agent of the OWNER and not in PARADISE’s own capacity.
- PARADISE hereby charters the Vessel to the CHARTERER in accordance with the terms and conditions set out in this Agreement, for the duration set out on the Information Sheet.
Part B: Money
- Charter Hire. CHARTERER shall pay to PARADISE all monies set out in Information Sheet at or before the applicable dates set out in the Information Sheet. All monies are payable in cleared funds.
- Late Payment. Should the CHARTERER fail to pay any amount due under this Agreement after written notice that payment is due, PARADISE shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and to retain all payments made to date and shall remain entitled to all payments due hereunder had this Agreement not been repudiated.
- Running Expenses. The CHARTERER shall accept the Vessel delivered as described herein and shall pay for all running expenses (including skipper and crew cost, fuel, moorage, water, provisions, and holding tank pump out and disposal) during the term of the charter.
- Taxes. Any and all taxes imposed on this charter are the responsibility of the CHARTERER, and the CHARTERER shall indemnify and hold harmless the OWNER and PARADISE from any liability for such taxes, including associated penalties and interest.
- Security Deposit. The amount of the Security Deposit should be paid by the CHARTERER. The Security Deposit shall be held by PARADISE and may be used in, or towards, discharging any damage or liability that the CHARTERER may incur under any of the provisions of this Agreement. If not required, the Security Deposit shall be refunded without interest to the CHARTERER promptly after settlement of all outstanding queries, differences and disputes.
Part C: Beginning and End of the Charter
- PARADISE shall deliver the Vessel at the time and place as specified in the Information Sheet, in full commission and proper working order, exclusive of master or crew, outfitted as a Vessel of her size, type and accommodations; with full equipment inclusive of that required by law, and fully furnished, including all necessary operating and maintenance stores and supplies, laundry of ship’s linens, and seaworthy, clean and in good condition throughout and ready for service. PARADISE may change the place of delivery upon notice to the CHARTERER.
- Inspection. PARADISE will conduct an inspection of the Vessel interior and exterior at delivery and redelivery to ascertain condition under the charter and any damage thereto.
- Delay or impossible in Delivery. The CHARTERER understands demurrage pro rata or impossible in delivery as a result of unforeseen incidents, boat mechanical break down and force majeure. the CHARTERER could cancel this Agreement prior to taking delivery of the Vessel, In such case PARADISE shall immediately refund to the CHARTERER all charter hire paid to PARADISE, and PARADISE shall have no further liability to CHARTERER whatsoever.
- Re-delivery. The CHARTERER at the expiration of this charter shall re-deliver the Vessel, her equipment and furnishings, free and clear of any liens or indebtedness incurred for the CHARTERER’s account, to PARADISE, at the time and place specified in the Information Sheet, in as good condition as when delivery was taken, ordinary wear and tear excepted. The CHARTERER shall re-deliver the Vessel with the fuel and water tanks full (or at the same level as at delivery, if this was ascertained during the inspection) and the holding tanks empty.
- Delay in Re-Delivery and Indemnification. If the Vessel is not re-delivered within the charter period for reasons attributable to the CHARTERER, in whole or in part, then the CHARTERER shall pay to PARADISE as liquidated damages a sum equal to the charter hire divided by the number of days (period of 8 consecutive hours, or portion thereof) comprised in the charter period, subject to PARADISE’s right to recover further additional loss or damages, if any, sustained as a result of the delay in re-delivery. The CHARTERER shall indemnify and hold harmless the OWNER and PARADISE against and from any and all liability to third parties for loss or damage attributable to the CHARTERER’s acts or omissions.
If the CHARTERER elects to re-deliver the VESSEL before the expiration of the charter for reasons not attributable to PARADISE, the CHARTERER shall not be entitled to any return of any charter hire.
Part D: Use During the Charter
- Use and Restrictions of Use.
Pleasure craft using only :The CHARTERER represents and warrants that the Vessel shall be employed exclusively as a pleasure Vessel for the sole and proper use of the CHARTERER and his or her crew, family, guests, invitees, employees and servants, during this charter period, and shall be used without remuneration or object of profit; and that the Vessel shall not transport merchandise or carry passengers for hire, or engage in any trade nor in any way violate the laws of British Columbia or Canada (including, without limitation, the revenue laws of Canada) or any other Government within the jurisdiction of which the Vessel may be at any time, and shall comply with the law in all respects. Without limiting the foregoing, the Charterer shall not use the Vessel for any non-pleasure or commercial purposes whatsoever.
Children：The CHARTERER shall ensure that any children on board the Vessel shall be restrictedly supervised by an adult member of the charter party at all times.
Smoking policy：The yachts do not allow smoking inside the cabins. However, the yachts do designate a smoking area on an outside deck in case guests fancy an after-dinner cigar
Alcohol limitation: Every guest on board have to be in sober during the whole charter period, any behaviors while intoxicated on board shall be cause for immediate termination of the charter without refund of the charter hire and any additional payments made by the CHARTERER with no recourse against PARADISE.
Pet is forbidden on board: Any pet or animals are not allowed to be on board.
Nuisance： The CHARTERER shall ensure that the behavior of the charter party shall not cause a nuisance to any person or bring the Vessel, PARADISE, or the OWNER into disrepute. The CHARTERER shall be liable for fines, penalties, damages and forfeitures as a result of negligence or intentional acts of the CHARTERER or his or her crew, family, guests, invitees, employees or servants, and the CHARTERER shall indemnify, hold harmless and defend the Releasees (defined below) for such acts.
Crew： The CHARTERER acknowledges and agrees that the CHARTERER exclusively is responsible for the employment, engagement, and payment of the master and crew and any other personnel used by the CHARTERER on or in connection with the Vessel under this charter.
Illegality： The use, transport or possession of illegal drugs or narcotics, including marijuana, or of any other contraband, or the participation of any other unlawful activity, the transport of illegal aliens, is strictly prohibited and constitutes a breach of the Agreement and shall be cause for immediate termination of the charter without refund of the charter hire and any additional payments made by the CHARTERER and with no recourse against PARADISE.
Weapons. It is specifically understood that the possession or use of any weapons (including particularly firearms) is strictly prohibited aboard and failure to comply shall be cause for immediate termination of the charter without refund of the charter hire and any additional payments made by the CHARTERER with no recourse against PARADISE.
Cruising Range： The Vessel may be operated only in the waters of British Columbia, Canada and shall not enter or be operated in US waters.
- Repairs. In the event of a breakdown by the Vessel after delivery as described by the previous section, the CHARTERER shall immediately notify PARADISE, and the CHARTERER shall not authorize or effect any repairs to the Vessel except with PARADISE’s prior consent, provided however that the CHARTERER may effect emergency repairs to protect and maintain the integrity and safety of the Vessel in which case the CHARTERER shall notify PARADISE forthwith of any such repairs.
- Force Majeure. In this Agreement “force majeure” is defined as any cause directly attributable to acts, events, non happenings, omissions, accidents or Acts of God, beyond the reasonable control of the OWNER, PARADISE or the CHARTERER (including, but not limited to, strikes, lockouts or other labor 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 the negligence of PARADISE or the CHARTERER).
Part F: Insurance
Insurance. PARADISE has obtained confirmation from the OWNER that the Vessel is insured against fire, marine and collision risks, hazards to the voyage, including all engine, hull and Vessel equipment, for any and all casualty and loss or damage that may occur to or be suffered by the Vessel for the full term of the charter including any proper extension thereof. Cancellation insurance and curtailment insurance are not included under the terms of this Agreement. Any accidents under influence (alcohol or drugs) will not be covered by insurance
- The CHARTERER shall be responsible to pay any deductible for any insurance claim arising in connection with the charter.
Part G: Cancellation
- Cancellation by the CHARTERER. In the event the CHARTERER cancels the charter for any reason whatsoever, the charter hire will be refundable as follows:
- For cancellations received by PARADISE more than 90 days prior to the first day of the charter period, a full refund of charter hire monies paid, less an administration fee of ten (10) percent of the total vessel charter fee payable under the charter.
- For cancellations received by PARADISE more than 60 but less than 90 days prior to the first day of the charter period, a full refund of charter hire monies paid, less an administration fee of 30 percent of the total Vessel charter fee payable under the charter.
- For cancellations received by PARADISE less than 60 days prior to the first day of the charter period, no refund is available.
The parties agree that the above amounts retained by PARADISE are not a penalty but are a reasonable estimate of the damages incurred by PARADISE and the OWNER as a direct result of the CHARTERER’s cancellation.
- Cancellation by PARADISE. If prior to the start date of the charter period, the Vessel becomes unavailable for mechanical issues, vessel incidents, force majeure whatsoever, the Agreement is cancelled in writing by PARADISE, all charter hire monies paid shall be refunded in full forthwith to the CHARTERER and PARADISE shall have no further liability whatsoever to the CHARTERER.
- Addendums: This Agreement together with a booking waiver document signed by CHARTERER, and exhibits hereto constitutes the entire agreement among the Parties and it supersedes any prior agreement or understanding among them, oral or written, all of which are hereby canceled
RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND IDEMNITY AGREEMENT
PURPOSE OF CHARTER: Pleasure Cruising
The Date, Time, and Purpose collectively referred to as the (“CHARTER EVENT”)
IN CONSIDERATION of being permitted to charter a yacht from JH MARINE LTD.(Calls Paradise Charters) EACH OF THE UNDERSIGNED (“Releasor”), for himself or herself, his or her personal representatives, heirs, and next of kin:
- Acknowledges, agrees, and represents that he/she has or will immediately upon boarding HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Paradise Charters Ltd. the boat owners, lessees, crew members, any other persons regarding the CHARTER EVENT(S) and each of them, their directors, officers, agents and employees, all for the purpose herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE CHARTER EVENT(S), WHETHER CAUSED BY THE NEGLIENCE OF THE RELEASEES OR OTHERWISE.
- HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the CHARTER EVENT(S) WHETHER CAUSED BY THE NEGLIENCE OF THE RELEASEES OR OTHERWISE.
- HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the CHARTER EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
- HEREBY acknowledges that THE ACTIVITIES OF THE CHARTER EVENT(S) ARE POTENTIALLY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
- HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of Canada in which the CHARTER EVENT(S) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.