CHARTER AGREEMENT made by the Coastal Exploration Co (hereinafter referred to as the CEC) and the CHARTERER (hereinafter referred to as the CHARTERER) for bespoke charters in the area of the North Norfolk Coast.
CEC Vessels include:
CHARTER DATES as arranged through charter planning between the CEC and the Charterer.
OPERATIONAL AREAS include the North Norfolk Coast (NNC) from Thornham in the west of the NNC to Cley in the east of the NNC.
Number of Charter Guests; as agreed by the CEC and the Charterer through the planning phase.
Charter Fee as per the prices on the CEC’s website and further agreed in the planning phase.
Deposit; 10% following email confirmation of the charter activities, route, timings and food arrangements and in agreement of the terms and conditions. Final payment; prior to departure.
Included/Excluded: (unless otherwise specified under Additional Conditions): The charter fee includes the services of a Captain and Crew (where necessary), safety equipment (life jackets) meals, soft drinks, fuel, and all expenses related to running of the vessel. The charter fee does not include crew tips, alcoholic beverages or similar expense incurred by the CHARTERER.
It is further understood that charter fees will be paid directly to the CEC account either through an internet transfer or “ping it”(Barclays smart phone payment system). A deposit of 10% of the charter fees are applicable once email confirmation of the booking has been agreed and finalised. The balance of the charter fee should be paid prior to departure.
Should the CHARTERER cancel before the charter term begins, deposits are not refunded; unless the boat is rebooked for the same period or portion thereof, deposits paid will then be refunded pro rata. If the CEC cancels due to inclement weather or for any other safety related reason, the CEC shall reimburse the CHARTERER with the full deposit.
The CEC agrees to ensure that the boats, at the point of b oarding, are in full commission and in proper working order, having all licenses and coding required for the area of charter, outfitted as a commercial sailing boat of her size, type and accommodation, with full equipment, inclusive of that required by law, and f ully furnished, including camping gear and utensils, sleeping bags, camp beds and camping mattresses ; in clean and good condition throughout and ready for service; and, further agrees to allow demurrage pro rata to the CHARTERER for any delay in agreed delivery, unless caused by Force Majeure. Should it be impossible for the CEC to make the pick up point within two hours after the start of the charter period (for any reason other than Force Majeure), the CHARTERER may cancel or reschedule this Agreement. Any charter deposits paid in adv ance shall be returned by the CEC in full to the CHARTERER.
Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, weather or other occurrences beyond the reasonable control of the CEC , and not caused by CEC’s negligence. No guarantee is made as to the suitability of weather with respe ct to any charter. If a storm or weather with winds above force 6 threatens or is forecast to threaten the expect ed location of the charter, as determined by the CEC in his/ her sole discretion, the CEC shall have the option of terminating or canceling the charter any time that it deems nec essary. A refund is provided if the CEC cancels the charter.
The CEC shall provide a Captain that meets all requirements necessary to legally command the vessel in the area chartered. While it is agreed the CHARTERER may determine the general moveme nts and destination of the vessel within the boundaries of this Agreement, it is understood that the Captain is in full command, and that the CHARTERER agrees to abide by his judgment as to operational management, sailing, weather conditions, anchorages and other pertinent matters.
The CHARTERER agrees not to assign this Agreement or sub-charter the vessel without the CEC’S consent in writing.
The CHARTERER agrees that the vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests, during the term of this charter, and shall not transport merchandise, or carry passengers for pay, or engage in any trade, nor in any way violate the Laws of any Government within the jurisdiction of which the boats may be at any time, and shall comply with the law , and all Coding and Licensing requirements in all other respects.
The CHARTERER agrees to restrict the cruising of the boats to the area specified on the 1st page of this Agreement, operational area.
The CEC agrees to keep the boats fully insured against fire, marine and collision risks and with protection and indemnity coverage for the full term of the charter period. The CHARTERER shall not be liable for any such loss or damage covered by such insurance. The CHARTERER may purchase additional Charter liability insurance at his /her expense. The CEC shall not be held responsible for loss or damage to personal property or for any injury suffered by the CHARTERER, or any member of his party, during the term of this charter, regardless of whether any such loss or injury occurs on board the boats or elsewhere, unless such loss, damage or injury is the direct and proximate result of the Captain’s sole negligence. More specifically, but without limiting the foregoing, the CEC and its insurance underwriters accept no responsibility or liability for accidents, injuries or death related to the use of the vessel’s tender, swimming and/or the use of snorkels, spear fishing, foraging, personal watercraft, jib/stay sail flying, halyard flying, boom movement, or other sports equipment, whether or not supplied by the CEC or CHARTERER.
The CEC agrees that should the boats, following the start of the charter, sustain breakdown of machinery, or be disabled, or damaged by fire, grounding, collision or other cause so as to prevent its use by the CHARTERER for a period of four (4) consecutive hours or more, or should the boats be lost or said damage(s) be so extensive that the boats cannot be, or is not repaired within twenty-four (24) hours, none of the above being brought about by any act or default of the CHARTERER, the CHARTERER shall have the right to terminate the charter. The CEC shall make a pro rata return of all charter fees to the CHARTERER from the time of such loss or damage.
The use, transportation, or possession of illegal drugs or narcotics or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination of this Agreement without refund of any payments made by CHARTERER. CHARTERER will be held responsible for any loss or damage to the boats due to any such violations and will be put ashore at the next available landing point.
The CHARTERER agrees to redeliver the boats, her equipment and furnishings, free and clear of any indebtedness incurred for/by the CHARTERER, at the expiration of the charter. The CHARTERER also agrees to be responsible for and to replace or make good any damage to the boats, her equipment and furnishings caused by himself or by any of his party, exceptional wear and tear excepted.. Should the CHARTERER hinder the boat’s redelivery to the place and time stipulated, for whatev er cause, he shall pay the CEC demurrage pro rata for additional charter time, plus any other losses the OWNER sustains related to the delayed redelivery. If the delay in redelivery is due to Force Majeure, the CHARTERER is not held responsible for any additional charter fees.
Should the CEC and CHARTERER be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate or agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided in paragraph 15.
This Agreement shall be subject to the Law of England and the jurisdiction of the English High Court.
The CHARTERER should agree to the terms and conditions via electronic means prior to the start of the charter, which will constitute a binding Agreement between the CEC and the CHARTERER.
The CHARTERER acknowledges that trip cancellation insurance has been recommended.
The CHARTERER has read and understood the terms of this Agreement, plus all additional conditions and/or addenda listed above, before agreeing. Therefore, to the true and faithful performance of the foregoing BOAT CHARTER PARTY AGREEMENT, said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.
v1.1 December 2016, Coastal Exploration Company