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YACHT CHARTER AGREEMENT

1-Subject of the Agreement:
Name of yacht: M/S H. DOGAN
Home port: Bodrum / Turkey/ Member of Bodrum Mariners Association / ID NO: 3390022614
Type of yacht: Ketch/ Gullet
Date of Departure: ../…./ 2006

2-The Parties: This agreement made between:
Tanju Erbil / Bodrum, Turkey (herein after called THE YACHT OWNER) on the one part and
Mr. / Mrs…………. (herein after called the CHARTERER) on the other part whereby it's understood and fully agreed as fallows.
TANJU ERBIL ID DETAILS; I02 / 579630

3-Duration: The Yacht owner will charter the above mentioned Yacht for the period between …………... 2006 ( 7-14 days) in total to the CHARTERER.

4-Payment: The total amount for this charter is ………Euro/US$. based on a daily rate of ……..Euro/US$.
(30%) of this total amount shall be paid by the CHARTERER upon signing of this Agreement. Charter will be regarded as confirmed upon receipt of this initial payment of ……..
The balance of the total amount due to shall be paid by the CHARTERER on ………before the cruise starts.

5-Delay in payment: In case of non payment of any part of the total amount due, by the dates previously agreed, Yacht Owner is authorized to cancel this Agreement and consider the prepaid amounts as indemnity.

6-Delivery of the Yacht: The yacht owner will deliver the Yacht, on ………… at 15.00 hours at ….……. harbor to the CHARTERER, afloat, ready for sea with all necessary gear and equipment in proper, running and seaworthy condition, with full crew.

7- Delay in Delivery of the Yacht:
In case of any delay in delivery of the yacht, the CHARTERER has the options:
a)to extend the charter period to cover the delayed time, if this does not conflict with the next charter period of the Yacht.
b)to receive the reimbursement for the period of delay.
c)to cancel this agreement and to receive the refund of all the pre-payments, if this delay exceeds 1/3 of the whole charter period.
d)to accept another yacht of corresponding quality.

8- Delay in Taking Delivery of the Yacht: If the CHARTERER does not take delivery of the Yacht on the indicated date, the yacht owner is authorized to retain any payments made, unless such a delay is to by both parties in writing. The CHARTERER, however, has the right to substitute another CHARTERER under the same conditions upon mutual written agreement. Or ask to keep the reservation for the same period within next year.

9- Insurance: Yacht Owner will insure the Yacht, her equipment and crew against fire, collision and other marine risks and be otherwise responsible for loss or damage to Yacht equipment, crew and for Third Party Liability incurred as a result of accident for which owner or yacht's personnel are responsible, to the extent that such coverage is provided by yacht's insurers. This insurance does not cover loss or damage of any property of the CHARTERER and his guests, nor any liability for accidents during sea sports or other hazardous activities.

10-Loss of the Use: Should the contracted Yacht become unavailable for use due to mechanical malfunction, fire or any other cause, and if this exceeds the period of 48 consecutive hours, the CHARTERER agrees to accept the substitution of a yacht of equivalent quality or, if such is unavailable, to accept a refund for the period of loss of use. Also the charter period can be extended by mutual agreement to cover the repair period in case it exceeds 48 hours if this does not conflict with the next charter period of the Yacht.
In case of the total loss of the Yacht, or damages needing more than 7 days repair, the total payment made by the CHARTERER will be refunded unless a yacht of equivalent quality is substituted permitting the realization of the contracted cruise. This clause is not applicable if such loss or damage occurs through any acts, omissions, errors or faults of the CHARTERER.

11-Expenses: The charter terms include: Transit log, fuel for hours cruising per day, crew, cooking service, Harbor charges and taxes in Turkish waters only.
The charter terms do not include: Private Marina fees, dockage and related charges, food and beverages for CHARTERER'S party, personal laundry, communication costs transfers. And harbor and marina fees, taxes and related charges in GREEK waters if such a visit requested.

12- Purpose of Use: The Yacht shall be used for tourism purposes only. If the CHARTERER or any member of this party engages in any unlawful activities and thereby causes the Yacht to be detained by the authorities, this agreement shall be null and void and all the responsibility belongs to the CHARTERER.

13- Chartering to Third Persons: The Yacht shall not be chartered to third persons without a written agreement from the yacht owner.
14- Charter Participants: The CHARTERER'S party shall consist of up to max. persons only.
15-Cruising Area: Turkish waters ???

16- Return of the Yacht: The CHARTERER shall return the yacht to …… Harbor on ….. 2004
at 9.00 hours in above stated condition as received.

17- Cancellations: For the cancellation of booking for any reason the following charge will apply;
60 days or more: Loss of deposit
No refund will be due to you if you wish to cancel your holiday after it has started for the unused portion of the travel arrangements made for you.
In any refund made to you is subject to deduction of the international Bank charges.

17- Disputes: Any dispute in connection with the interpretation and fulfillment of this Agreement which cannot be resolved through negotiation between the parties shall be decided by the applicable Court in Bodrum in accordance with Turkish Laws. Also the parties may agree to submit the resolution of any conflict or dispute to International Arbitration.
*Food is provided by the yacht, full board for 25 Euro/ Per person per day as detailed in previous communication. Drinks and other related arrangements will be confirmed upon on further communication.

*Air-conditioning will run during the nights as long as required(7/8 hours). And for the short periods during the afternoon if a guest wishes to take a rest in the cabin.(AC can not be on all day long because of the shut off times of the generator to cool down.)

For Yacht H.DOGAN.
Mrs. Tanju Erbil (H.Doğan Yachting, Owner Operator)
Signature


YACHT HAKKI DOGAN
REGISTERED COMMERCE NUMBER: 3390022614
For your booking security;
Member of Bodrum Mariners Association

Address: Yeni Carsi No:10   
48400 BODRUM / TURKEY
TEL: 0090 252 313 2359
GSM: 00 90 532 497 6232
info@yachtdogan.com

the CHARTERER
(Name in full and Signature)

 


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