Between
Dota Turizm Bilisim Ihracat Tic ve San Ltd. Sti. Company OWNER of the yacht Dufour 412 GL “DOTA DREAM” in the following named “OWNER”
and
Customers, renting from the AGENCY in the following named CHARTERER
1. CONTENT OF THE CONTRACT
Item of the contract is to let the Beneteau Oceanis 48 feet, “DOTA DREAM ” have the AGENCY for charter business. AGENCY is instructed to rent the yacht to clients for bareboat charter. This contract shows the rights and the duties between parties of the contract.
2. RENTAL
The full amount of which shall be paid no later than 30 days prior to delivery. A security and damage deposit of €1.500 shall be paid by the CHARTERER to the OWNER prior to delivery, which shall be applied to late return charges, any damage within the insurance deductible amount for which the CHARTERER shall be responsible, the repair of any damages or loss of equipment and such other charges for consumable items as may have been used and not paid for or replaced during the term of the charter. Deposits on the boat chartered to be a universal security deposit from which the OWNER can deduct all of the losses and damage caused by the CHARTERER regardless of any perceived individual limits on the boat. The said deposit will be paid to the other party after an inspection by the OWNER.
3. DELIVERY AND REDELIVERY
The OWNER agrees to deliver the yacht in full commission and in proper working order, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and dining utensils and blankets, life jackets for the number of people on the Boat, staunch, clean and in good condition throughout and ready for service.
In addition, the OWNER undertakes to verify that,
– the CHARTERER has a regular Boating licence if required by regulations,
– the credit card used belongs to the CHARTERER,
– the CHARTERER agrees to follow the local rules of navigation (he will for example have follow authorised sea channels).
The CHARTERER agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for the CHARTERER’S account, at the expiration of this charter, to the OWNER, at his dock in as clean a state as when delivery was taken, ordinary wear and tear excepted. The CHARTERER is responsible for allowing sufficient time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the yacht as stipulated, he shall immediately notify OWNER, and he shall pay such demurrage pro rata to the OWNER for the time that such redelivery is delayed, and in addition thereto shall pay all costs of such redelivery, if any, except in the event of total loss to such yacht, in which event the rights and obligations of the parties shall be determined by other provisions of this Agreement.
The CHARTERER is responsible for the Boat, as he is appointed as the person who has the thing under his care, from taking possession of the Boat up to the date at which the Boat is returned. He will have to use it responsibly, maintain it and take care of it as a reasonable and prudent person. It is specified that only the CHARTERER having validated the reservation of the Boat rental is allowed to manoeuvre the Boat.
As an exception, one person other than the CHARTERER can take the role of Master Onboard if the following conditions are met:
– be at least 18 years old,
– have a Boat licence if required for the category of the rented Boat,
– have no medical inability to navigate.
In addition, the CHARTERER agrees with the OWNER to:
– return a Boat which is clean, without any damage other than those listed on
the inventory of fixtures established while taking possession of the ship,
– comply with the time schedule agreed with the OWNER,
– make sure that the people onboard wear a life jacket,
– comply with all laws and regulations in terms of navigation,
– return the Boat with the fuel level observed at the beginning of the rental.
It is forbidden the CHARTERER to sublet the Boat, to tow another Boat, transport other passengers against payment.
Unless otherwise stated on the advertisement, animals are not accepted on board. The CHARTERER must return the boat to the same place the handover took place.
The CHARTERER undertakes to ensure the routine checks and cleaning of the Vessel during the Rental Period and in particular to check the oil levels of the engines and the proper functioning of the equipment and appliances on board on a daily basis. In all circumstances, the CHARTERER shall remain the custodian of the Yacht until its return to the OWNER and shall therefore ensure its conservation as a good sailor.
Respect for the laws and regulations in terms of navigation or rental with a Skipper remains the sole responsibility of the Users. Users must ensure and check that all necessary conditions are met, so that CHARTERERs waive any liability of Dota Turizm Ltd. Sti. as such.
4. TAKING POSSESSION OF THE BOAT
The OWNER and the CHARTERER meet on the first date of the rental to allow the CHARTERER to take possession of the Boat with the keys. The OWNER and the CHARTERER must verify their identity, by controlling the Boat licence authenticity, the registration papers of the Boat. The CHARTERER has until the evening of the first day of the rental period to assert any claims on the rental terms . The OWNER has until the evening of the first day of the rental period to assert any claims on the rental terms.
The CHARTERER must arrive at the base at the agreed time and date. The administrative formalities (payment of the options, signature of the contract, crew list, inventory of fixtures…) must have been carried out beforehand. The rental conditions of the partner fleet apply throughout the rental period until the boat is returned.
5. RETURN OF THE BOAT
The end of the rental occurs during the return of the Boat, the keys and the inventory of fixtures shall be recorded on report of end of tenancy signed by both parties and each party will have to keep a copy. It must mention the level of the fuel tank, as well as any damage caused to the Boat during the rental. The Boat must be returned on time and at the agreed location.
6. AUTHORISED CASES FOR CANCELLATION OF A RENTAL
From the date of payment made for Reservation of a rental, cancellation of the rental can take place at the initiative of the OWNER or the CHARTERER only in the following cases:
• The rental can be cancelled by the OWNER in the case of unfavourable weather forecast for the entire duration of the rental, or in the event of major natural disasters affecting the rental conditions. A copy of the special weather statement shall be communicated to the AGENCY/CHARTERER in order to justify cancellation.
• The rental can be cancelled by the OWNER if he believes that the CHARTERER does not have the skills necessary for a safe handling of the Boat, or if the rented Boat suffered a damage making it unfit for navigation and which cannot be repaired by the OWNER before the rental. The OWNER must inform the CHARTERER and the AGENCY of the occurrence of the damage without delay and provide any documentary evidence of such damage.
In case of cancellation by the CHARTERER of his Reservation without any acceptable motive;
· If the cancellation occurs more than 2 (TWO) weeks before the rental, CHARTERER will be liable to the OWNER for 50% (FIFTY PERCENT) of the cost of the rental,
· If the cancellation occurs less than 2 (TWO) weeks before the rental, CHARTERER will be liable for the total amount of the rental.
This contract is subject to Turkish Law. Any dispute or claim arising out of this contract shall be resolved by the Central Courts and Execution Offices of Ankara.
Orally negotiated subsidiary agreements are not made.
Prepared transit logs are only issued for Turkish territorial waters, unless otherwise stated. Please inform us if travel is planned for Greek territorial waters.
It is not possible to go beyond the route specified in the transitlog, and the renter is responsible for all damages and penalties that may arise in the event of such a change.
TIN : 3101472947