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Charter vs. Rent

4K views 30 replies 12 participants last post by  RobGallagher 
#1 ·
Why do you charter a boat or a bus, but rent a car or a house?
 
#3 ·
I think a charter or charter party refers to the contract that is used to hire transportation for a specified period of time or a specified voyage.

Rent refers to the rendering of payment for a service or use of an item.

I think it would be reasonable to say. "I paid a $1000 per week rent to charter that Beneteau for a month.".
 
#4 ·
I've rented and chartered sailboats before I owned one. When I got them by the hour, half-day (4 hours) or full-day (8 hours) they seemed to be called a rental. When it was multi-day with overnights involved they were called charters. Just my personal experience, nothing official implied.
 
#8 ·
I actually looked this up thinking that there may be some legal reason that just made it into the vernacular. But legally speaking I couldn't find a difference.

The degree of liability for an asset is part of the rental or charter contract and is not by operation of law. Though there are some standard industry contracts like a bareboat charter that by labeling a contract a state such adopt a number of industry standards. But they are not obligatory just custom.
 
#9 ·
Another example of why you never use "legal" advice from the internet.
 
#12 · (Edited)
Statutes are only the beginning. One of the main problems with internet legal advice is the overwhelming majority of non-lawyers who think that what a statute says is the law, when in fact it is only one source of law, and is the first source of law.

It's the last source of law that matters. The statutes are like the first points scored, and it's the final score that counts.

I've never understood the public's aversion to consulting an attorney, and I've never seen a truly expensive legal opinion, relative to their value.
 
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#13 ·
I have. Attorneys that stir cases to generate billable hours, high dollar firms that notice depositions because it's a good excuse to generate a couple hundred billable hours for no work...

Opinion letters from someone who practices in that area though are generally very good deals.
 
#14 · (Edited)
I did a quick word search "Charter" under the Canada Shipping Act, and got one hit back on the word "Charter". Here it is:

"bare-boat charter means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew."

I think this might be the concept Yamsailor is referring to. But this is specifically a "bare boat charter", not any contract or charter agreement. You can put pretty well whatever you like as terms in a charter agreement as long both parties agree to it and nobodies doing anything illegal.

Etymology might be useful in this case, here's an etymology search for the word "charter"

charter (n.) Look up charter at Dictionary.comc. 1200, from Old French chartre (12c.) "charter, letter, document, covenant," from Latin chartula/cartula, literally "little paper," diminutive of charta/carta "paper, document" (see chart (n.)).charter (v.) Look up charter at Dictionary.comearly 15c., "provide with a charter," from charter (n.). Meaning "to hire" is attested from 1806. Related: Chartered; chartering.

Here's one for "rent"

rent (v.) Look up rent at Dictionary.commid-15c., "to rent out property, grant possession and enjoyment of in exchange for a consideration paid," from Old French renter "pay dues to," or from rent (n.1). Related: Rented; renting. Earlier (mid-14c.) in the more general sense of "provide with revenue." Sense of "to take and hold in exchange for rent" is from 1520s. Intransitive sense of "be leased for rent" is from 1784. Prefix rent-a- first attested 1921, mainly of businesses that rented various makes of car (Rentacar is a trademark registered in U.S. 1924); extended to other "temporary" uses since 1961.rent (n.1) Look up rent at Dictionary.com"payment for use of property," mid-12c., a legal sense, originally "income, revenue" (late Old English), from Old French rente "payment due; profit, income," from Vulgar Latin *rendita, noun use of fem. past participle of rendere "to render" (see render (v.)).
 
#16 ·
You say tomato, I say tomato. Let's call the whole thing off..............

Actually, when non-sailors ask what we're doing on vacation, I say we are renting a sailboat. To the layperson, I believe charter makes them think of having a crew and none understand the term bareboat.
 
#23 ·
This is sort of what started my question. When I tell people at work I'm chartering a sailboat they think I'm also hiring Cap'n Ron to sail it.

When I explain that there's no crew then they ask "So you're renting it?"

I'm just going to chalk it up to another "Because sailing" moment. Like when I explain to newbies "That wire at the front that holds the mast up is called the forestay. This one here in back is called the backstay. What do you think those ones on the side are called." "Sidestays?" "Nope, shrouds. Because sailing."
 
#17 ·
Man you folks are over complicating it- rent sounds low brow ... - charter sounds more "yachtie" . Just like a lot of other sailing terms - jib sheet - it's a damn rope, just like what grandma used to hang wash on, better quality , more expensive , but still rope... I'm not even gonna get into the moronic term commodore ....
 
#22 · (Edited)
I would think the question of a charter is business law, as much as if not more than marine law. A charter party is just a contract between two individuals, one with a boat and one in need of a boat.

They do up a contract or "charter party", if the product or payment isn't satisfactorily delivered, they sue each other.
 
#26 ·
Nope, I had no idea what you do for a living.

I'm pretty sure we agree on the basics.
 
#31 ·
Wow, I can't believe this thread has continued.

OK...seriously now. Isn't "Charter" an agreement? I really thought it was a shorter way to say, May I pay you to use your ______ for a period of time? If so let's draw up all the paperwork that will detail the fees, liabilities, and what is included or not.

Then we put on funny hats, sit down with quill pens and write on really thick parchment all the things that in so much as or furthermore, define charterer and charterie while drinking rum from metal cups.

Later, when things don't work out, we duel with swords or pistols at dawn.
 
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