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MYBA Charter Agreement

When chartering a vessel with a crew you will be offered to sign a standard contract of the Mediterranean charter yacht broker Association (MYBA), which was also signed by the ship owner and the broker (s) and contains the following items:

 

Article 1. Rental agreement

OWNER promises to lease a SHIP and not to make any a freight agreements on the vessel at this time.

CHARTERER agrees to hire the ship and make payments, Advance payment (APA - Advanced Provisioning Allowance), payment for the delivery and return of the ship, the deposit payment and other fees in due time or in advance to the account specified in the Agreement.

Article 2. DELIVERY

OWNER agrees to deliver the vessel in the port of delivery at the beginning of the Charter Period and employers shall take the ship fully loaded and in working order, seaworthy, clean, in good condition and suitable for use in the presence of all equipment, including modern equipment to ensure work safety, safety and rescue equipment (life jackets for children if there are children on board at the time of hiring), according to the requirements of marine registration authority, in accordance with its size, type, allowing CHARTERER use vessel in accordance with Article 13. OWNER does not guarantee good performance of the vessel in bad weather conditions on all routes within the Navigation Area.

 

Article 3. RETURN OF THE VESSEL

CHARTERER is obliged to return the vessel to the Port Return to the OWNER, and the ship should not be burdened with debt, an employer who last could take over at the time the previous trip, in as good condition as at time of delivery of the vessel, excluding damage from bad weather conditions and normal wear and tear. Employer may, if desired, return to the port and the Return to attempt a landing before the end of the Charter Period, but early repayment of the vessel does not give the employer the right to receive compensation.

 

Article 4. NAVIGATION ZONE

Tenant shall be obliged to choose the route for sailing on a vessel in navigation zone and in accordance with its frontiers, within which the ship has a legal right to cruise. In addition, tenant shall be obliged to limit the voyage of 6 (six) hours, unless the captain, at its discretion decides to increase the navigation.

 

Article 5. Maximum number of people - RESPONSIBILITY FOR CHILDREN - HEALTH crew and passengers CHARTERER

a) The employer has the right during the Charter Period permit the presence on board of persons, the total amount does not exceed the maximum amount at the discretion of the Captain plus some reasonable number of visitors during the stay.

b) If the board the Vessel by children, employers will have full responsibility for their behavior and pastime, no other crew member will not be held responsible for their behavior and the ship.

c) Swimming can have a detrimental effect on physical ailments or persons who are being treated. At the conclusion of this Agreement CHARTERER ensures good health of all persons accompanying him on the voyage to this Agreement. The tenant and his crew have committed all the necessary visas and vaccinations for the countries visited.


Article 6. CREW

OWNER shall provide qualified Captain acceptable to the insurers of the Vessel, and an experienced crew that will ensure a decent uniform, meals and insurance. OWNER warrants that none of the crew members will not store or take on board the Vessel is not permitted by law narcotic substances, and will not be kept on board undeclared weapons, but also ensures that the captain and all crew members will conduct themselves in accordance with laws and regulations adopted by the countries in whose waters the vessel will sail during the term of this Agreement.

 

Article 7. POWERS OF THE CAPTAIN

OWNER agrees that the captain of the ship will be subject to CHARTERER as if CHARTERER was the owner. The captain must comply with all reasonable orders, which he will give the employer in respect of management, operation and movement of the vessel, as far as wind, weather and other circumstances. However, the captain is not obliged to carry out any orders, which, according to Captain, may lead to the fact that the vessel is docked at the port or place where the vessel will not be safeguarded, or that may cause that the employer will not be able to return the vessel after Charter Period, or break, according to Captain, Article 13 and / or any other Article of the Agreement. In addition, if in the opinion of Captain NANIMETEL or any of its guests violate Article 13 of this Agreement and if not stop it after the break timely specific written notice of the employer in respect of this, the Captain must notify the OWNER and the Agent (s), and the OWNER may terminate the agreement early and ordered the Captain to return the vessel to the port return and the return of the Charter Period shall end. The tenant and his guests have to leave the Ship, the employer must pay for incidental expenses in advance to Captain, and employers will not be entitled to a refund of paid money.

 

With respect to the use of port facilities, as defined in Article 16, Captain has the right to prohibit the use of equipment the employer or his guests, if in his opinion, they are not qualified, can cause damage or behave irresponsibly, or may cause damage to others when using this equipment.

 

Article 8. RUNNING COSTS

CHARTERER will pay all its operating expenses and operating costs of its guests, which are specifically defined under "CONDITIONS" on Page 1 hereof during the Charter Period. Advance payment through the Agent's account in accordance with the Agreement, the captain will be informed on the performance of the CHARTERER Advance, and when it will be almost completely depleted, in light of current costs, employers will pay the necessary amount of money the Captain to maintain an acceptable balance of the loan. Tenant shall be obliged to ensure due respect to Captain to spend upfront. Before the advance will be fully spent at the end of the Charter Period captain must submit a detailed report on CHARTERER costs by providing all possible receipts that can prove it, employers are obliged to pay the captain of the amount which would exceed the down payment, with a positive balance of the captain is obliged to return The unspent money the employer.

 

Payment of special expenses, fees for equipment, ground transportation and tours, or pay other expenses that were not included in the cost of operation of the vessel can be made on request in advance through the account of the Agent or the Captain, in addition to a down payment.

 

If it was not taken in advance in writing by the special agreements, all operating expenses must be paid in the same currency as the Charter payment. Payment by check, credit card or otherwise unacceptable in relation to changing seasonal calendar of the Vessel. And employers must ensure that it has sufficient funds to pay current expenses, or may need to invest additional funds to the Agent.

 

Article 9. LATE DELIVERY

a) If as a result of force majeure as described in Article 18 (a) the owner can not deliver the vessel employer in the port of delivery of the Vessel at the beginning of the Charter Period and delivery is made within 48 (forty eight) hours after the scheduled start of the Charter Period or within one-tenth (1 / 10) of the Charter Period, thereby reducing the charter period, the OWNER shall pay compensation CHARTERER from the Chartered Payment in proportion to the rates, or if there was an agreement, the owner must extend the Charter Period.

 

b) If as a result of force majeure the OWNER fails to make delivery within forty-eight (48) hours or a period equal to one tenth (1 / 10) of the Charter Period, that is, the shorter, with a scheduled delivery date, the employer must consider the Agreement terminated. Owner's exclusive right to receive back the full amount, interest from funds that were paid to the OWNER or the Organizer. In another case, if the parties have agreed charter period may be extended for the delay.

 

c) If the OWNER fails to make delivery of the Vessel at Port of Delivery at the beginning of the Charter Period due to reasons that are not force majeure, the employer must consider the Agreement terminated. Only the exclusive right of the employer in this case will receive a refund of the amounts paid by the OWNER or the Organizer.And employers will consider an agreement is not executed by the owners. CHARTERER will be eligible to receive a refund of the interest-free funds that were paid by the OWNER or the Organiser, in addition, it should cover the liquidated damages in an amount equal to 50% of the total amount of Chartered Payment.

 

TERMINATION BY OWNER

 

d) If prior to the Charter Period in accordance with the provisions on page one of this Agreement, the OWNER shall give notice of termination through a broker, and if there was no termination of the Agreement due to force majeure will apply the measures stipulated in the said paragraph b).

 

e) If an agreement is terminated for reasons that are not force majeure, the employer has the right to receive a refund of all monies that were paid by the owner or agent, without interest, and in addition has the right to pre-estimated compensation to be calculated and paid on follows:

 

i) thirty (30) days or more before the commencement of the Charter period - the amount equal to twenty-five (25) percent of the amount of Chartered Payment

ii) more than fourteen (14) days but less than thirty (30) days prior to the Charter Period - the amount equal to thirty-five (35) percent of the amount of Chartered Payment

iii) fourteen (14) days prior to the Charter Period - the amount equal to fifty (50) percent of the amount of Chartered Payment

 

Article 10. DELAY RETURN OF THE VESSEL

a) If the return of the Vessel is delayed due to force majeure, the return of the vessel shall be made as quickly as possible and in this period, this Agreement shall remain in force, but the employer is not going to pay fines or surcharges.

 

b) If an employer cannot return the Vessel to the OWNER in Port Return of the Vessel in connection with intentional delay or change of route, which argued against the captain, the employer shall pay to the OWNER by direct telegraphic transfer via the Account Agent-Organizer demurrage according to the daily rate plus forty ( 40) percent of the per diem rates, and if the delay in the return of the Vessel exceeding twenty-four (24) hours, the tenant shall be obliged to compensate the OWNER the damage that the ship-owner will suffer due to the inability to use the ship, refusing to use it, or in connection with the delay in delivery of next charter agreement.


Article 11. TERMINATION BY THE CHARTERER

a) (i) if the employer notifies the termination of the Agreement on or before the commencement of the Charter Agreement, the employer is not exempt from the payment of cash, which he must pay to the owner and not paid on the date of termination. If a notice of termination given by the tenant or if the employer can not pay the amount at the same time under this Agreement, it is treated as a waiver by the OWNER to pay debt tenant and the owner has the right to withhold the entire amount that was paid.

 

In spite of the right owner to keep or money owed, the landlord must reduce the amount of debt and if the owner can lease the vessel to another person during the Charter Period under the Agreement or part thereof, the OWNER will give credit for the net amount of delivery of the Vessel for rent by putting it out to another person after deduction of all fees and other indirect costs as a result of delivery of the Vessel to rent to another person. The aim is that the owner has received the same amount of net profit, which could be provided under this Agreement, resulting in delivery of the Vessel to rent to another person. OWNER shall make every effort to pass the vessel to another person and has no right to arbitrarily do not, unless the agreement, in its opinion, may damage the vessel, its reputation, or if you receive a denial of carriage or a route.

(Ii) If prior to the date of termination vessel was taken as a result of carrying out the provisions of this Agreement, or if Payment Delivery / Return was used, as described on Page 1 hereof, the tenant shall be obliged to pay all costs, unless all or part of the costs not will be paid by the supplier or allocated to the following agreement under which the relevant amount will be credited. The captain and the OWNER shall decrease the amount of these costs as much as possible.

 

b) If, after signing this Agreement, the OWNER is adjudged bankrupt, if the company, the receiver or administrator appointed responsible for the asset owner, hirer will be entitled to terminate this Agreement and all funds that were paid by the owner or his agent, or the Promoter in accordance with the Agreement, will be refunded without any deduction.

 

Article 12. FAILURE AND VESSEL FOR USE Unsuitable

If, after delivery of the Vessel, it is not suitable for use in connection with equipment failure, stranding, accident, resulting in inability to use the vessel within twelve (12) and forty-eight (48) consecutive hours, or within one-tenth (1 / 10) of the Charter Period, whichever is shorter, and this failure was not caused by any breach of the Agreement, the owner must compensate for the amount of Chartered Payment commensurate period of time during which the vessel will be unusable, or by mutual agreement, Charter Period will be extended in proportion to the period during which the vessel was unsuitable. If an employer wishes to this article was valid, he must immediately give written notice to the Captain. CHARTERER will bear the ordinary costs during the period when the vessel is unsuitable.

 

In case of serious damage or if the Vessel is not suitable vessel for more than forty-eight (48) hours or one tenth of the Charter Period, whichever is shorter, an employer may terminate the Agreement by giving written notice to the owners, agents, or master, if the means of communication available. How soon as possible after termination, Chartered payment must be refunded in proportion to the coming of the Charter Period, beginning from the date of breakage or damage to the ship. In the event of termination, an employer may make a return of the Vessel by placing them in the order where it is located. CHARTERER will be entitled to receive compensation from the owner for delivery of crew and passengers return to the port the ship by regular means of transport, as well as for housing, which is needed due to the failure of the Vessel.

 

Or, after a period of unfitness will Vessel or more than forty-eight (48) hours or one tenth of the Charter Period, whichever is shorter, and depending on the nature and severity of injury, by mutual agreement, an employer may decideremain aboard the Charter Period in time and employers will not have any claim to the vessel owner.

 

Article 13. USE OF VESSEL

CHARTERER agrees to conduct himself, and ensures that its guests will conduct themselves in accordance with the laws and regulations adopted in those countries in whose waters the vessel will sail during the term of this Agreement.

 

Tenant shall be obliged to ensure that no prior consent, the presence on board of pets and other animals will be prohibited. CHARTERER ensures that the behavior of its guests do not cause harm to others and not bring him into disrepute. The tenant and his guests are obliged to respect the members of the crew.

 

Captain shall promptly draw the attention of the employer to breach it or its guests these conditions, and if the misconduct continues after the warning, he is obliged to inform the owner or agent, and the OWNER may, by giving written notice CHARTERER, to conclude an agreement in accordance with Clause 7 of this Agreement.

 

If the tenant or his guests violate laws or regulations of the country, resulting in any passenger vessel will be detained, fined or imprisoned, or vessel will be arrested or fined, employers will compensate for all losses and damages and costs incurred by the OWNER as a result of This, and the owner has the right to submit written notice to terminate the Agreement CHARTERER.

 

In addition, states that possession or use not permitted by the legislation of drugs or weapons, except for the declared, be permitted on board. Violation of this condition is grounds for OWNER to terminate the agreement without paying any compensation to tenant with CHARTERER may not require recourse.

 

Article 14. NO ASSIGNMENT

Employers do not have the right to assignment of rights under this Agreement, to take ship for sublease or transfer to anyone the right to use, without the prior written consent of the owner, whose consent may be obtained on the terms of the OWNER.

 

Article 15. SHIP SALES

a) The owner of the vessel will not sell the vessel during the Charter Period, specified on Page 1 this Agreement.

 

b) If the owner agrees to sell the vessel after the signing of this charter agreement, but prior to delivery of Employers, the OWNER shall immediately provide written notice of CHARTERER this sale, through his agent. This information is confidential and the parties are obliged not to disclose it.

 

If the vessel is sold, it will apply one of the following provisions:

 

i) The OWNER agrees with the Purchaser that the latter will fulfill the obligations under this Agreement to the same conditions, assign its rights under the charter agreement.

 

ii) If the terms of the Agreement will not change, then the owner will not be fined, and the agent will not be paid additional fees.

 

iii) If the buyer is unwilling or unable to perform the obligations under this charter agreement, the owner has appointed an agent to fulfillment of its obligations under this Agreement, the other vessel was found in the same class or better and at the same charter period. If a suitable vessel was found, then be prepared by a new Charter Agreement, and this initial agreement is canceled. The owner must pay the fee to the Agent under this Agreement, as well as a commission for that agent found another vessel to perform its obligations under this Agreement.

 

iv) If the owner can not find another vessel of the same class or better for the employer to use those terms as are specified in the original agreement, or if the owner does not agree to the proposed change (the owner has no right to arbitrarily refuse to replace the vessel Vessel of the same class or better), the Charter Agreement is terminated by the OWNER in accordance with Article 9. All the money that was paid by the employer, shall be promptly returned to him in full without any deduction and must be paid in advance the estimated amount of compensation in accordance with Article 9 (e), (i), (ii), (iii) respectively . The owner also must pay a commission to the Agent the full amount owed to him on the original agreement.

 

Article 16. INSURANCE

a) The OWNER shall insure ship first-class insurers against all usual risks for vessels of this size and type, to cover damages in the amount provided for in Articles I.II.85 Yachting Act or other conditions that allow the resolution to Charter, the coating expenses in respect of third parties, water skiers, and other expenses arising from the right to use the employer and other authorized persons vessel or other means of transport, as well as windsurfing boards, boats, catamarans and other water sports equipment, which are on board. This insurance should also cover the cost in case of war, strikes, and include insurance against injuries of crew members, as well as insurance costs for third parties that were incurred as a result of the use of their services. CHARTERER will be eligible for insurance claims.

 

b) All such insurance shall be on such terms and in such amount, usually set for the ship of this size and class. Copies of all documentation for insurance relating to the vessel which must be submitted for study to CHARTERER Charter after notification employer and must be kept on board.

 

c) Under normal circumstances, an employer may incur costs only for those damages and losses that arose as a result of repairing damage caused by the tenant or his guests (both intentionally and otherwise) to the vessel or any third party, to an amount deductible or excess of loss on insurance policy holder in each case. However, in any event, the obligations of employers do not have to exceed the amount deductible or excess of loss, equal to one percent (1%) of the total amount of insurance.

 

d) an employer may have obligations in excess of deductibles or excess of loss as a result of misconduct by the tenant or his guests (intentionally or unintentionally) as a result of which the amount of insurance on the insurance policy owner is limited or invalidated.

 

e) CHARTERER self insures that goes beyond the insurance policy holder on the risks of the Vessel, and insure against costs associated with the loss of or damage to personal belongings, with care and disaster management.

 

f) The employer must keep in mind that insurance is not included in this agreement, but must be coordinated and approved by the Parties.

 

Article 17. PLEDGE

Unless otherwise due on Page One of this Agreement, the deposit must be paid on account of the Agent on behalf of the owner and spent in payment for the obligations of lessee any provision of this Agreement, but not completely. Bail for twenty-four (24) hours after the end of the Charter Period, or after the payment of unpaid bills, depending on what happened later, must be returned CHARTERER without interest.

 

Article 18. DEFINITIONS

a) In this Agreement, the term "force majeure" shall mean events, actions, omissions, mistakes, accidents and natural disasters beyond the reasonable control of the employer or the OWNER (including strikes, lockouts, labor disputes, civil commotion, insurrection, blockade , invasions, wars, fires, explosions, sabotage, storm, accident, grounding, fog, governmental act or decision, major mechanical and electrical damage, beyond the reasonable control of the crew and passengers, and not a result of negligence occurred OWNER. Changes in the composition of the crew not a force majeure, acts of God are not exempt from paying fees OWNER.

 

b) the owner, hirer, AND AGENTS

 

In the Agreement, the terms "OWNER", "employer" and "Agent" as well as the related pronoun must refer to the relevant persons, regardless of their gender, number, depending on the circumstances.

 

Article 19. RESCUE OPERATIONS

During the term of this Agreement, all profits (if any) resulting from finding another ship abandoned by the crew, save the sunken ship and receive payment for the towing of other vessels, shall be divided equally between the owners and tenants.

 

Article 20. COURT OF ARBITRATION AND LEGISLATION

Unless otherwise provided for in section due to Page One of this Agreement, all differences and disputes arising in connection with the interpretation and execution of this Agreement shall be within the competence of the Court of Arbitration in London, and construed in accordance with the laws of England. The dispute will be submitted to an arbitrator appointed by the parties. If the parties cannot agree on the appointment of the arbitrator, the dispute shall be considered by three arbitrators - each party shall appoint one arbitrator, the third judge assigned to the then current President of the Mediterranean Yacht charter of the Association.

 

Appointment of Arbitrators, or substitution of arbitrators who are unable to perform his duties, shall be conducted within two (2) weeks from the date of submission of a written notice to the other, failing one of the parties, appoint an arbitrator in the Mediterranean Yacht Club President, appoint a third arbitrator, the arbitrator shall also appoint on behalf of a Party that cannot appoint him.

 

Arbitration decision shall be final and binding upon both parties, and if necessary, enforced by the arbitral tribunal or any other competent authority in accordance with procedures established by the High Court of Justice of England.

 

If notice of the proceedings before the Court of Arbitration provided by each party, the manager, after receiving notice of the proceedings before the court has no right to dispose of the funds that they have without the mutual consent of both parties and in accordance with the definition of Arbitrators or their final decision . Cash should be stored at designated for that client account. These funds should be earning interest while the bank account in accordance with how it is established by bank rules. The organizer may by mutual agreement of the Parties to put money into an escrow account, which will be monitored by authorized representatives of both parties until the results obtained as a result of the proceedings in the Arbitration Court.

 

Article 21. CLAIMS

Tenant shall be obliged to notify all the claims in the first place Captain, all claims will be recorded with the date, time and nature.

However, if the claim cannot be allowed on board and if on board a means of communication and they are not damaged, employers are obliged to immediately, within twenty-four (24) hours notify the owner or agent of the incident, which resulted in the rise to the claim. First, a claim can be communicated verbally, but then you have to confirm the information in writing by fax or by mail, just specifying the nature of the claim.

 

Article 22. NOTICES

Any notice to be given or should be given one of the Parties to the Agreement, shall be submitted in writing and deemed given upon confirmation of departure in the prepaid postal address or through a reputable courier service, or fax, if the notice is addressed to the owner or agent, on address specified in the agreement or if the lessee assigned the address specified in this Agreement and, if possible - on board.


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