SailNet Community

SailNet Community (http://www.sailnet.com/forums/)
-   Chartering (http://www.sailnet.com/forums/chartering/)
-   -   Charter contract (http://www.sailnet.com/forums/chartering/96660-charter-contract.html)

alex_sauvage 02-15-2013 12:01 PM

Charter contract
 
I am planning to charter a boat in Greece and one paragraph in "Charter agreement" attracted my attention:

Itinerary:



To plan and to carry out the yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the yacht must be returned to the owner (Turn-Around Point) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the yacht’s port of call shall lie at a distance not greater than forty (40) N.M. from the point at which the yacht is to be returned to the owner.



I understand what they are trying to achieve (insure that you don't go too far that you will be late to return), but it will inconvenience us a great deal since we are planning to spend a few days in the marina of origin (to do some sightseeing) and it will leave us almost no time to reach "Turn-Around-Point".
Is that a fair common clause in charter contract or something rather unusual?

Faster 02-15-2013 12:18 PM

Re: Charter contract
 
Too late to change the time and book a hotel for the few days of sightseeing???

Jiminri 02-15-2013 12:24 PM

Re: Charter contract
 
Could you do your sightseeing from the marina of origin at the end of the trip, instead of the beginning?

sony2000 02-15-2013 12:51 PM

Re: Charter contract
 
Nothing is written in stone. Write in the destination port by 2/3 of rental, and initial it. It they accept, they initial it. And Bobs is your oncle.

alex_sauvage 02-15-2013 01:02 PM

Re: Charter contract
 
Thanks guys!
I would rather not sleep on board, but it seems almost impossible to charter a boat for anything rather than whole week(s). Adding sight-seeing will extend our trip beyond reasonable. And considering jet-lag, I would rather be sight-seeing jetlaged than sailing. But it is an option. I might try changing timing in the contract as have been suggested and see how it will go.
I am just curious if somebody seen that clause before?

chucklesR 02-15-2013 02:25 PM

Re: Charter contract
 
It's a normal clause.

Check what your insurance covers too - most policies only cover topsides i.e. if you run aground it's on your nickel.

alex_sauvage 02-15-2013 03:07 PM

Re: Charter contract
 
Quote:

Originally Posted by chucklesR (Post 990621)
It's a normal clause.

Check what your insurance covers too - most policies only cover topsides i.e. if you run aground it's on your nickel.

You as in total boat insurance (presumably provided by the charter company) or insurance on deductible?

johnnyquest37 02-15-2013 03:11 PM

Re: Charter contract
 
I've not see anything like that before - not that I've chartered extensively. Every charter that I have done, I just had to get the boat back to the marina by a certain time. They left it up to me to figure out how to do that.

chucklesR 02-15-2013 03:38 PM

Re: Charter contract
 
You as in the charter policy (may) only cover damage to topsides - i.e. running around and dropping stuff.
Damage below the water line might not be covered at all. I've seen it both ways.

alex_sauvage 02-15-2013 03:45 PM

Re: Charter contract
 
Quote:

Originally Posted by chucklesR (Post 990654)
You as in the charter policy (may) only cover damage to topsides - i.e. running around and dropping stuff.
Damage below the water line might not be covered at all. I've seen it both ways.

This is very good point. So this how it looks:

Owner has: "to insure the Yacht and her equipment against fire, marine and collision risks and third party damage and against any and all loss or damage in excess of 2.000
and the charterer shall therefore be relieved of any and all liability which is covered by the said Policy, provided that such loss or damage is not caused or contributed to
by any act of cross negligence or willful default on his part.
---------------------------------------------------------------
So I guess it depends what constitutes "act of cross negligence or willful default". I am curious how you read it?


All times are GMT -4. The time now is 06:31 PM.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012