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Phuket Fishing - Terms and Conditions

Phuket Fishing Andaman Deep Sea Fishing Fishing in Phuket Phuket Fishing

By making a booking from this site you agree to our Phuket Fishing Charter Terms and Conditions for Yacht Rental.

Charter party conditions:

Contractual partners
The charter party is concluded between the charter company and the
charterer, and may be concluded through the intermediary of the agency
if need be.

Payment, cancellation, non performance of the charterer
1. Unless otherwise stated in the charter party, payment of the first
instalment, as defined, of the charter price is due within three days of
conclusion of the charter party; the balance is due six weeks before the
commencement of charter. Payment must be received before the deadlines
indicated.

2. In emergencies the charter company may withdraw within 4 days of
conclusion of the charter party. In such a case the charter company
undertakes to repay to the charterer without delay any monies already
paid (if need be, through the agent).

3. If the charterer is unable to accept the charter, he must inform the
charter company immediately. If a replacement charter is concluded at
the same terms, the charterer shall be repaid any monies he has already
paid, less any handling costs which have arisen, but which shall be not
less than 20% of the charter price. If no replacement charter is
available at the same terms, the charter company may claim the full
charter price. The charterer is strongly recommended to take out a
voyage cancellation costs insurance. The charter company or the agent
will be pleased to send a quotation for such insurance.

4. The charter company may withdraw from the charter party if the
charterer fails to pay by the stated dead-lines. Instalments already
paid will only be reimbursed, less a handling charge of 20%, if a
replacement charter is concluded at the same terms.

Obligations of the charter company
1. The agreed yacht will be delivered to the charterer in a clean,
sailable, sea-worthy condition, and with full tanks.

2.If the agreed yacht cannot be delivered at the date agreed in the
charter party (e.g. because of average, un-seaworthiness as a result of
an accident in the preceding charter etc) the charter company may
deliver an equivalent yacht without prejudice to the warranty claims of
the charterer in so far as there are defects in the replacement yacht.

The charterer warrants and undertakes the following:
1.to observe the principles of good seamanship.

2.to possess a good command of seamanship and sufficient experience in
the command of a yacht or to appoint a responsible skipper with such
capabilities. If the charterer or his skipper does not possess the
necessary licence or certificate of competence to skipper a yacht of the
agreed class, the charter company reserves the right to refuse to hand
over the yacht, retaining the charter price, or to appoint a skipper in
the name of and for the account of the charterer.

3.to observe the laws of any country he might visit and to report the
arrival and departure of the yacht to the harbour master.

4.not to use the yacht for the purposes of business or trade, not to
take on board any persons not being a member of his immediate group, not
to hand over or hire the yacht to a third party without the written
consent of the charter company and not to transport any hazardous goods
or materials.

5.not to leave the maritime region of the charter company without the
prior written consent of the charter company.

6.not to make any changes to the yacht or its equipment.

7.to handle the yacht and its equipment with care, always to wear
sailing shoes when on board, to maintain the log book in a simple form,
prior to the commencement of charter to inform himself in detail about
the area to be travelled, e.g. currents, and sea level changes during
strong winds etc.

8.not to leave the protective harbour if winds over 7 on the Beaufort
scale are forecast.

9.to return the yacht in proper working order, in an orderly condition
with all equipment properly stowed and with full tanks; failure to do
this will mean that the cost of filling the tanks and stowing equipment
will be deducted from the deposit.

10.to inform the charter company immediately by phone or telegraph in
the event of damage, collision, average or other unusual events. To
prepare a written account In the event of damage to the yacht or injury
to persons, and to have this countersigned by the harbour-master or doctor.

11.always to have the yacht towed by its own line in the event of
average or similar events, and to make no agreement about towing or salvage.

12.to check the condition of the yacht and check that all its equipment
and items listed on the inventory are complete, both on taking over and
returning the boat (the check list), and to confirm this by means of a
signature.

13.to report complaints concerning the yacht without delay to the
yacht’s base and to note these in the delivery or return documents.
Claims notified at a later date cannot be entertained.

14.where applicable, to sign charter parties required by law or the
charter company's own contract forms before taking over the yacht.

Repairs, engines and monitoring of the bilges
1.Repairs costing over € 100 must have the approval of the charter
company. The original of any part replaced must be retained. Payments
for repairs necessary as a result of wear and tear will be reimbursed by
the charter company on presentation of invoices accompanied by the
corresponding receipt.

2.The charterer must check the level of the oil, the cooling water and
the bilges each day. The charterer must check the cooling water flow
continuously during the charter. Damage due to the motor running dry are
not insured under any circumstances, and is for the account of the
charterer. The motor must not be used when heeling under sail at over
10 as in such a case oil or water supplies to the engine do not function.

Cancellation by the charterer or reduction of the charter price in the
event of late delivery or defects

1.If the charter company fails to provide the yacht, or at least an
equivalent replacement yacht at the time agreed in the charter party,
the charterer may withdraw from this charter party, but not before 24
hours from the commencement of the charter, and receive full
reimbursement of all payments made under this charter party. If the
charter period is two or more weeks, the minimum time before which the
charterer can withdraw is increased by 24 hours per additional week.

2.All other claims for compensation by the charterer are excluded,
except in the case of intent and gross negligence by the charter
company. If the charterer does not withdraw from the charter, he may
claim for reimbursement of the charter price pro rata for the time for
which the charter company failed to hand over the yacht.

3.Damage to the yacht and its equipment which does not prejudice its
sea-worthiness and which allow the yacht to continue to be used in a
reasonable manner shall not be grounds for withdrawal. A reduction in
the charter price in such a case is also excluded.

Charter company’s liability
1.The charter company shall only be liable towards the charterer and his
crew for loss or damage arising from intent or gross negligence on the
part of the charter company.

2.The charter company shall not be liable for loss or damage caused by
inaccuracies, amendments, mistakes and defects in the ancillary nautical
equipment provided, e.g. marine charts, handbooks, compass, radio
direction finding equipment etc.

3.Claims by the charterer due to the inability of the yacht for use
resulting from damage or total loss caused by the charterer or a third
party during the charter shall be excluded.
Agency’s liability

The agency is only liable as an intermediary for intentional or grossly
negligent dereliction of duty in the performance of its services as an
intermediary.

Charterer’s liability
1.The charterer shall indemnify the charter company against all civil
and criminal consequences of third party claims arising from actions and
failures to act on the part of the charterer including all legal costs
in the country of delivery and abroad. The charterer accepts the yacht
on his own responsibility.

2.If the charterer leaves the yacht at any place other than the agreed
location for any reason whatsoever, the charterer shall bear the costs
for the return of the yacht by water or by land. If the return of the
yacht extends beyond the time period of the charter, the yacht shall be
deemed to be returned by the client at the time of its arrival in the
agreed harbour.

3.Late return of the yacht and non-usability of the yacht caused by the
charterer shall be grounds for claims for compensation by the charter
company.

4.Attention is drawn to the fact that conclusion of hull insurance by
the charter company does not mean that the charterer is not liable for
loss or damage not covered by such insurance, or for loss or damage for
which the insurance expressly reserved the right of recourse to the
charterer. This applies particularly to damage caused by gross
negligence, intent or failure to observe the conditions of the charter
party, and for any consequential loss or damage.

5.The conditions of the insurance, which we will gladly provide on
request, are an integral part of this contract. The deductible excess
for each loss is to be borne by the charterer and may differ from the
deposit paid. The deposit will be repaid without delay on the return of
the yacht and equipment in good condition. Loss and damage will be
off-set against the deposit. Loss and damage not covered by the deposit
or the insurance shall be paid without delay by the charterer.

Conclusion of an extended “Skipper’s liability insurance” (which covers
crew’s liability amongst themselves and recovery of losses to the
chartered yacht in the event of substantiated gross negligence) and a
consequential loss insurance is strongly recommended. The charter
company and broker will be pleased to send all necessary documentation.

*Miscellaneous/subsidiary agreements/ information / separability clause*
1. The charter period may only be extended with the agreement of the
charter company. If there should be obvious errors in the invoicing of
the charter price and the extras, the charter company and the charterer
have the right and the obligation to correct the charter price in line
with the valid price list. This does not affect the legality of this
contract

2.Oral undertakings and subsidiary agreements are only valid after
written confirmation by the charter company. This applies also to any
waiver of the requirement for written form. All care is taken in the
preparation of information, but information is given without guarantee.

3.The invalidity of individual provisions shall not affect the validity
of the remaining provisions of the charter party. The parties agree to
replace invalid provisions by valid provisions most closely approaching
the invalid provisions.

Place of jurisdiction, applicable law.
All claims relating to the relationship between charterer and agency
shall be subject to the law applicable to the registered office of the
agency; the place of jurisdiction shall be the registered office of the
broker. All claims relating to the relationship between charterer and
charter company shall be subject to the law applicable at the registered
office of the charter company, and the place of jurisdiction shall be
the registered office of the charter company.
 



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