ARTICLE 1 – PURPOSE
5 Oceans Experience Ltd, registration number 8234456, whose registered office is at 145-157 St John Street London EC1V 4PW, Great Britain, hereinafter called the OWNER
You, hereinafter called the TENANT
5 Oceans Experience Ltd leases the ship Gibsea 472 with skipper for the term defined in the quotation. The provision by 5 Oceans Experience Ltd ship the TENANT will be at San Blas.
ARTICLE 2 – SKIPPER
The ship is provided with its own skipper, having all the qualifications required for the exercise of the function.
He ensures the skipper functions and ensure the smooth running of the ship and its safety.
The skipper will try to meet the tenant’s wishes in connection with the use of the vessel, yet remain sole master of the final decisions related to navigation and proposed locations, depending on weather conditions, the ability of tenants, and anything that will allow him to make these decisions.
ARTICLE 3 – PRICES AND CONDITIONS
1 / The price for this property is: see accompanying quote.
The rental payment will be made as follows: 30% down payment at signing of this contract; 70%, 30 days prior to arrival.
2 / Children under 12 get a 20% discount and an additionnal 10% extra is charged during christmas and new years eve time.
3 / boat delivery time is fixed according to the estimate. The return time is set according to the estimate.
4 / THE OWNER provide the boat with full tanks both in water than diesel. On return, the boat must be returned with the water tanks and diesel full. Similarly the boat comes with two full gas bottle, replace the return.
5 / THE OWNER provide a boat cleaned funds, floors, deck, cockpit, stove, fridge, annex. TENANT agrees to return the boat in the same state.
6 / If the boat is not in condition to go at sea, for any reason, THE OWNER will offer a replacement boat, with same services or better. If the TENANT does not accept the replacement, THE OWNER will reimburse the funds already paid, without entitlement to any compensation of any kind.
ARTICLE 4 – THE BOAT INSURANCE AND FRANCHISE
1 / OWNER claims to have taken out an insurance policy against all risks, including the boat rental. The contract guaranteed tenant Damage caused to the body of the boat, its parts and accessories, total theft and embezzlement, theft of part of the engine. The price of the insurance premium is included in the rental price.
2 / The insurance policy does not guarantee persons carried on the ship accidents they might be victims.
3 / The OWNER accepts no liability for loss or damage on the tenant’s personal property or that may affect the tenant and his guests. Individual insurance for passengers may be taken by the tenant for his benefit and at the expense to cover these risks and those specified in paragraph 3 above.
ARTICLE 5 – MANAGEMENT
1 / The management of the boat with the tenant may in no case be made before the balance of the price have been paid. The owner will give the tenant a boat seaworthy, equipped and maintained in accordance with laws and regulations issued by the competent authorities for the navigation category.
2 / Fuel, fuel for cooking, electric batteries, tolls ports, any repairs and generally any material supplies and for the maintenance of the boat during the rental period are at the load TENANT except stay all inclusive, depending on the quote submitted.
ARTICLE 6 – USE OF THE BOAT – LIABILITY – DAMAGE
1 / TENANT agrees to use the boat in “good father” and to comply with the regulations for maritime affairs, customs, and police in the countries visited.
2 / TENANT agrees not to board the number of people allowed to use the boat for a boating, with the exception of any sales operation, professional fishing, transportation, race or other . THE TENANT OWNER expressly disclaims any liability as owner or otherwise, due to a breach of the prohibition and answer only vis-à-vis maritime and customs trial, prosecution, fines and forfeiture incurred by it thus, even in case of unintentional fault of his own. In case of seizure of the rented boat TENANT will be required to pay the owner a contractual compensation equivalent to the required current rental price. In case of confiscation, the TENANT will be required to repay the value of the boat within 8 days.
3 / THE TENANT or his skipper is responsible for keeping the logbook that is provided by the renter. This document must be written directions on navigation and the relationship of all incidents and related damage to the boat and navigation.
4 / In case of loss or damage during the rental period, due to normal wear and tear, the TENANT is permitted under its responsibility to proceed without delay to repair or replacement required as long as the amount does not exceed 10% of the rental amount. The outlay would be refundable return on presentation of invoice if the loss or damage is not due to the fault or negligence of the tenant or persons on board. The TENANT will have to consult the owner for any repairs in excess of this amount.
5 / In case of serious damage: dismasted, leak, fire, TENANT must inform urgently the owner and the insurance broker asking for instructions. Pending these, the tenant will be required to establish a report by a Commissioner of damage in order to get the insurance company reimbursement of the amounts assigned to it. Failure to complete these actions the tenant will be responsible and will pay all expenses of the damage.
6 / loss of use due to damage liability of the tenant, which occurred during the lease does not cause even a partial refund of the amount of the rental. In the event that such damage would not be attributable to the tenant, a franchise within 48 hours will still be applied.
7 / Subletting or lending the boat are strictly forbidden.
ARTICLE 7 – TERMINATION BY THE TENANT
1 / The timing and duration for which this contract was concluded can not be changed without the consent of the owner and the extent of its possibilities. The deposit paid will be forfeited to the owner if the TENANT for any reason whatsoever request termination of the contract. The rental amount will be retained by the owner, the TENANT has used or not the boat for a period and that whatever the reason.
2 / In order to guard against the risks specified above, the TENANT shall contract for its benefit and expense cancellation insurance.
3 / If the boat comes not seaworthy for lack of essential security or does not comply with the regulations, and if the owner can not propose to replace a boat with equal or superior characteristics the TENANT may terminate this agreement, the restitution of the amounts paid without claim compensation for damages or to any compensation.
ARTICLE 8 – TERMINATION BY THE OWNER
If as a result of damage caused by the previous rental period or any impediment beyond his will the owner can replace the boat by a boat with equivalent or superior characteristics, it could either propose an amicable agreement changes the expected rent or return the money paid without the TENANT able to claim damages or to any compensation. The refund of amounts paid will be proportional to the number of days corresponding to the loss of use.
ARTICLE 9 – DISPUTES
In case of dispute, if no amicable solution is found, the allocation of jurisdiction shall be expressly made to the court of London.