PRIVATE BOAT CHARTER CONTRACT
PREAMBLE
IT IS THIS DAY AGREED between
BUENOWAYS YATÇILIK TURİZM SAN ve TİC LTD ŞTİ (hereinafter called “BuenoWays”)
resident at ______________________________________
and ______________________________________________ (hereinafter called “Charterer”)
resident at _______________________________________________ that the transportation herein provided for will be performed subject to the terms and conditions of this Charter Party, which includes this Preamble and Part I and Part II, the provisions of Part I will prevail over those contained in Part II
PART I
A. SUBJECT OF THE PARTY
| Boat Name | : | Charter Duration | : _____Nights |
| Boat Type | : | Crew Number | :_______ |
B. VALIDITY OF THE PARTY
Starting from ___/___/_____ ending ___/___/_____ BUENOWAYS agrees to charter the Boat to Charterer.
PART II
TERMS & CONDITIONS
1. It is recommended that, wherever possible, the most recent edition of either the MYBA Charter Agreement or the AYCA Charter Agreement shall be used and adhered to.
2. It is the responsibility of the Charter-Operator to ensure that the boat is fully insured at all times and that the underwriters are aware that the Boat being chartered and have endorsed the policy accordingly. Copies of insurance documents shall be made available to BuenoWays or the Charterer on request. CA has the insurance on file.
3. It is the responsibility of the Owner to ensure that the Vessel complies with all safety standarts and regulations pertaining to the flag state and cruising areas entered.
4. Cruise Interruption:
During the cruise should the boat sustain any breakdown in machinery, or be disabled by fire, grounding or collision disrupting the cruise itinerary for more than 48 hours, and if no substitute boat or arrangement is offered, passengers will be entitled to a refund proportional to the cruise days not operated. No further claims will be accepted. It is further recognized that BuenoWays is a Turkish Company and it is agreed between BuenoWays and contractual party that the interpretation of the terms and conditions will be resolved solely according to the Turkish Laws in Turkish Courts. Buenoways strongly suggests you to purchase trip cancellation and trip interruption insurance through your Travel Agent at home. Many of them can be found on the internet.
5. Boat:
BuenoWays may operate the cruise program with another boat as long as this boat is of the same or higher standard. Passengers offered a suitable alternative boat are not entitled to any refund.
6. Liabilities of BuenoWays:
BuenoWays works with a large national online database of boats and has established business partnerships with many Charter-Operators who operate boat fleets. The Charterer acknowledges that BuenoWays acts as an agency mediator between the Charterer and the Charter-Operator. Thus, BuenoWays will provide the Charterer with the information on the type of the Boat’s accommodation, its integral parts and possible additional costs (jetski, water toys, massage services etc.), it will assist the Charterer in obtaining most appropriate Boat to meet Charterer’s specific needs, and also assist the Charterer throughout the entire booking process.
BuenoWays shall inform the Charter-Operator about relevant booking information, collect documents from the Charterer (e.g. licenses, crew lists etc.), as well as make payments to the Charter-Operator and perform all other agency-mediator duties according to business cooperation contract concluded between BuenoWays and the Charter-Operator. In case of any possible disputes between the Charterer and the Charter-Operator before, during or after the charter, BuenoWays will put its best efforts to help the Client and strive to protect Client’s interests to the maximum possible extent. Also, in case the Charter-Operator fails to fulfill some of their obligations towards the Charterer, BuenoWays will support and assist the Charterer, striving to obtain the appropriate refund from the Charter-Operator to the Charterer. In extreme and very rare cases in which the Charter-Operator fully fails to fulfill their obligations (e.g. filing bankruptcy, loss of boats or similar), BuenoWays will put utmost effort to assist the Charterer in finding the best possible alternative solution with minimum possible costs/losses for the Charterer. The Charterer acknowledges that BuenoWays shall not be liable to pay to the Charterer any refund or loss caused by Charter-Operator’s failure to fulfill their obligations, provided that BuenoWays had made appropriate payments to the Charter-Operator for chartering the Boat(s), following the corresponding Charterer’s payments to BuenoWays. Still, BuenoWays will assist and help the Charterer towards obtaining appropriate refunds from Charter-Operator and protecting Charterers interests as stated above in this article.
BuenoWays is responsible for making all the arrangements for everything specified in the services and itineraries. BuenoWays’ liability and responsibility does not extend beyond the boat; any arrangements made by or for passengers either before boarding or when disembarking are at the passenger’s own risk. BuenoWays does not own or control any ground transportation or hotels. As a convenience to our passengers, BuenoWays may sell tickets for land excursions or arrange other services which are operated by independent contractors, but shall not be responsible in any way whatsoever for any damage, loss, injury or death arising.
Nevertheless, all of the service provided in the boat bears BuenoWays’ guarantee and responsibility for quality service, which we provide to all of our customers with. BuenoWays preserves the right to cancel the whole tour without a refund, once the capacity of the passengers excesses the booking and the capacity of the boat itself.
7. Additional services – Extras:
Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective price list of BuenoWays (e.g. one-way options, transfers, massage services, jetski, etc.) should be requested by Charterer and agreed prior to booking confirmation. Charterer may ask for addition of certain Extras even after the booking confirmation. BuenoWays will try its best to provide the Charterer with the newly requested Extras and if it is possible, and inform the Charterer about it. Charterer acknowledges that BuenoWays is not obliged to provide newly requested Extras at that point in time. At the latest, all Extras must be confirmed by both sides in writing not later than 10 days prior to the beginning of the charter date. Only very exceptionally, BuenoWays can allow last minute confirmation of Extras in particular cases.
8. Crew List and Arrival Details:
The Charterer must send a correctly filled crew list, not later than 15 days prior to the first day of charter. The Charterer agrees that s/he is the main contracting party for yacht charter, and that the Charterer is responsible for the other guests on board. Additionally, it is recommended to send an estimated time of arrival at least 15 days prior to the first day of charter, in order for base staff to organize check-in procedure in the smoothest way possible. If Charterer has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 15 days in advance is obligatory. The Charterer is responsible for the accuracy of delivered crew list information, as well as for validity of all passports, visas, licenses and other identification documents. The Charterer and her/his guests aboard are responsible to obtain appropriate visas for all countries they travel to, if applicable. In bareboat charters, the Charterer acknowledges that the sailing license is a very important document on board and is legally responsible for its accuracy and trustworthiness.
9. Liabilities of the Charterer:
Other than what was already stated in these Terms, the Charterer shall also be liable:
– to have all required licenses for operating the Vessel in case of bareboat charter
– not to leave the Vessel to a third party
– not to transport persons or goods for commercial purposes, or engage in any other commercial use of Vessel
– to have aboard the exact number of persons, and exact persons, as stated on the crew list – to keep the crew list with the passports together with vessel documentation for the whole duration of the charter
– to promptly inform the Charter-Operator about any possible changes in crew members or passengers
– to fully respect legal regulations of the host country
– not to participate in competitions and regattas without consent granted by BuenoWays
– to undertake all safety precautions in order to keep the Boat in good condition
– not to operate the boat under influence of alcohol or any illegal drugs, and generally not to use or have any illegal drugs on board
– not to make excessive noise in marinas, harbors and other mooring locations
– to respect privacy and night-rest rights of occupants of the neighboring boats
– not to engage submarine activities without a valid license for such activities
– not to embark pets (dogs, cats, birds, etc.) aboard without written consent BuenoWays
10. Insurance:
All boats are under fully comprehensive and third-party insurances, but we suggest you to have your own personal travel, health, accident, cancellation, luggage and trip-interruption insurance. The insurance usually does not cover damages of personal property of clients, property brought to the boat and a deliberately caused damage, or any damage caused by clients’ lack of diligence. It is strongly recommended that, upon booking, Client and all crew-guests should contract adequate travel and health insurance packages for their travel arrangement.
11. Cancellations by the Charterer and Refunds:
For full refund of charter fee, notice of cancellation must be in writing and received by BuenoWays no later than ninety (90) days prior to sailing.
If a cancellation occurs, the following charges will apply:
* 90 days prior to your departure: 25% of the deposit will be funded as an administration fee; the rest of the deposit will be refunded.
* Less than 89-60 days prior to departure: 50% of the deposit will be funded; the rest of the deposit will be refunded.
*Less than 59 days prior to your departure, the deposit will not be refunded.
*In case of cancellations after 45 days, the whole of the rental fee has to be paid by the customer.
12. Cancellations by the Charter-Operator:
Should the booking be cancelled by Charter-Operator (e.g. due to severe damages on the reserved boat or other unforeseen circumstances occurring to the boat), then the Charterer will be remunerated by Charter-Operator according to valid Terms & Conditions of that Charter-Operator. The examples of what most Charter-Operators would offer to Charterer in such cases are: a) reservation of another boat of similar size and with similar features, from same fleet or from another fleet, if possible or b) a refund of all amounts received from the Charterer for the boat. Charterer acknowledges that in case when severe damages of the boat have occurred during previous charters, or due to events such as Acts of God, neither BuenoWays nor Charter-Operator are objectively guilty for this, and thus the Charterer shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances.
13. Force Majeure:
We do not accept liability for any loss, damage or expense resulting from war or terrorist activities, threatened or actual, civil unrest, industrial action, weather conditions, fire, flood, drought, harbor & airport regulations and closure, unforeseen alterations to public transport schedules, rescheduling of aircrafts, boats, or any type of transportation means or any other event outside our control which either delays or extends the holiday arrangements.
* We do not accept any responsibility for any client who contravenes any law or regulation of any of the countries visited while on the tour.
14. Complaints:
During the tour should any complaints arise on board please report them to your Captain right away so that he can contact the representative of yours whom you met at the briefing at embarkation from BuenoWays. Any complaints must be made in writing directly to BuenoWays Services, which should be received by BuenoWays within 21 days of completing the tour the complaint is regarding. Complaints that are received by the company 21 days after the end of cruise are not acknowledged. Please also ensure that your personal guest questionnaire is filled and submitted to our colleague. We welcome all your suggestions for improvements as well as your feedback on our cruise operation and on our crew.
The complaints shall be typically resolved in the manner described below, or a similar manner, depending on the Charter-Operator in question:
– In case of a cleanliness complaint, BuenoWays will inspect the issue, and if the complaint is justified, organize additional cleaning activities to correct the issue. In case of such type of complaints there will be no financial refunds.
– In case of a smaller reported shortcomings or damages, which do not seriously affect security of navigation, the BuenoWays will inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue. The Charterer acknowledges that, despite best efforts of the team, it may happen sometimes that it will not be possible to correct the issue in a given timeframe due to objective reasons. Generally, in case of such smaller issues there will be no financial refund.
– In case of a larger reported shortcomings or damages, which do seriously affect security of navigation, BuenoWays will inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue in the fastest possible way. Depending on the time needed to correct the issue, the Charterer will be remunerated by the Charter-Operator according to relevant provisions of Terms & Conditions of the Charter-Operator. In case of serious issues that objectively could not have been noticed during check-in, but were properly reported, the Charterer may require indemnity latest during check-out. On this occasion he/she should file a complaint in writing signed by the both parties with all belonging documentation. If the Charterer has filed the complaint via BuenoWays as the Client’s Agency-Mediator, BuenoWays will analyze the received complaint, collect information from the Charter-Operator, advise the Charterer on the industry practices in such cases, and try to resolve the complaint, mediating between the 2 parties, in a timely and fair manner. BuenoWays will provide an official answer to the Client as soon as possible, and latest within 7 days from receiving relevant answers from the Charter-Operator.
15. Jurisdiction
The parties will strive to resolve any dispute in a peaceful manner. If the parties are not able to reach an agreement among them, the court in Muğla province, Turkey has the jurisdiction over their dispute.
Charterer acknowledged having understood the terms of this Agreement