Yacht Charter Agreement

This is a template of our yacht charter contract.  Each agreement is prepared on a case-by-case basis. Conditions are subject to change.

PRIVATE YACHT CHARTER CONTRACT

PREAMBLE

__/__/202__ It is this day agreed between BUENOWAYS YATÇILIK TURİZM SAN TİC LTD ŞTİ (hereinafter called “Buenoways”) resident at Foça Mah. 1030 Sok. No:166/B Fethiye Muğla Turkey and __________ (hereinafter called “Charterer”) resident at ___________________________that the transportation herein provided for will be performed subject to the terms and conditions of this contract, which includes Preamble, Part 1 and Part 2, the provisions of Part I will prevail over those contained in Part 2.

PART 1 SUBJECT & VALIDITY

This contract becomes valid after the advance payment is transferred to Buenoways within 3 workdays.

PART 2 TERMS & CONDITIONS 

1. It is recommended that, wherever possible, the most recent edition of MYBA Charter shall be used and adhered to.
2. It is Buenoways’ responsibility to ensure that the yacht is insured at all times and that the yacht complies with all safety standards and regulations pertaining to the flag state and cruising areas entered.
3. Liabilities of Buenoways: Buenoways is a licenced travel agency, specialized on yacht charters and yacht management, registered by the Turkish Ministry of Tourism (TURSAB #13597). In addition to yachts owned and/or managed by Buenoways itself, Buenoways works with a large national portfolio of yachts and has established business partnerships with many Charter-Operators. The Charterer acknowledges that Buenoways acts as an agency mediator between the Charterer and the Charter-Operator. Thus, Buenoways will provide the Charterer with the information on the type of the yacht’s accommodation, amenities, services and possible additional costs (jet-ski, water toys, massage services etc.), Buenoways will assist the Charterer in obtaining most appropriate yacht to meet Charterer’s specific needs, and also assist the Charterer throughout the entire booking and charter process.

Buenoways shall inform the Charter-Operator about relevant booking information, collect documents from the Charterer (passports, guest lists etc.), as well as make payments to the Charter-Operator and perform all other agency-mediator duties according to business cooperation concluded between Buenoways and the Charter-Operator. In case of any possible disputes between the Charterer and the Charter-Operator before, during or after the charter, Buenoways will put its best efforts to help the Charterer and strive to protect Charterer’s interests to the maximum possible extent. Also, in case the Charter-Operator fails to fulfil some of its obligations towards the Charterer, Buenoways will support and assist the Charterer, striving to obtain the appropriate refund from the Charter-Operator to the Charterer. In extreme and very rare cases in which the Charter-Operator fully fails to fulfil its obligations (e.g. filing bankruptcy, loss of yachts), Buenoways will put utmost effort to assist the Charterer in finding the best possible alternative solution with minimum possible costs/losses for the Charterer.

Buenoways is responsible for making all the arrangements specified in the services and itineraries. Buenoways’ liability and responsibility does not extend beyond the yacht; any arrangements made by or for guests either before boarding or when disembarking are at the guests’ own risk. Buenoways does not own or control any ground transportation or hotels. As a convenience to our guests, Buenoways may sell tickets for land excursions or arrange other services which are operated by independent contractors, but shall not be responsible in any way whatsoever for any damage, loss, injury or death arising.
Nevertheless, all of the service provided on the yacht bears Buenoways’ guarantee and responsibility for quality service, which we provide to all of our guests with. Buenoways preserves the right to cancel the whole tour without a refund, once the number of the guests excesses the capacity of the yacht.

4. Cruise Interruption:
   During the cruise should the boat sustain any breakdown in machinery, or be disabled by fire, grounding or collision disrupting the cruise itinerary for more than 48 hours, and if no substitute boat or arrangement is offered, passengers will be entitled to a refund proportional to the cruise days not operated. No further claims will be accepted. Buenoways strongly suggests you to purchase trip cancellation and trip interruption insurance through your travel agent at home.
5. Yacht: Buenoways may operate the charter with another yacht as long as this yacht is of the same or higher standard. Passengers offered a suitable alternative boat are not entitled to any refund.
6. Additional services – Extras: Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective price list of Buenoways (e.g. one-way options, transfers, massage services, water toys/sports etc.) should be requested by the Charterer and agreed prior to booking confirmation. Charterer may ask for addition of certain Extras even after the booking confirmation. Buenoways will try its best to provide the Charterer with the newly requested Extras and inform the Charterer about it. Charterer acknowledges that Buenoways is not obliged to provide newly requested Extras at that point in time. At the latest, all Extras must be confirmed by both sides no later than 30 days prior to the start of the charter.
7. Guest List and Arrival Details: The Charterer must send a correctly filled guest/crew list, no later than 15 days prior to check-in. The Charterer agrees that s/he is the main contracting party for yacht charter, and that the Charterer is responsible for all guests on board. Additionally, it is recommended to send an estimated time of arrival at least 15 days prior to the first day of charter, in order for base staff to organize check-in procedure in the smoothest way possible. If Charterer has booked a transfer, sending detailed arrival and departure information at least 15 days in advance is obligatory. The Charterer is responsible for the accuracy of guest list information, as well as for validity of all passports, visas, licenses and other documents. The Charterer and her/his guests aboard are responsible to obtain appropriate visas for all countries they travel to, if applicable.
8. Liabilities of the Charterer: Other than what was already stated, the Charterer shall also be liable:

– not to leave the Vessel to a third party, – not to wear shoes aboard,

– not to transport persons or goods for commercial purposes, or engage in any commercial activity

– to have on board the exact persons, as stated on the guest list, with their passports during the whole charter

– to promptly inform Buenoways and captain about any possible changes in guests

– to undertake all safety precautions in order to keep the yacht in good condition

– not to consume excessive alcohol or drugs, and not to possess any illegal drugs on board

– not to make excessive noise in marinas, harbours and other mooring locations;  to respect privacy and night-rest rights of occupants of the neighbouring yachts

– not to engage submarine activities without a valid license

– not to embark pets (dogs, cats, birds, etc.) on board without the consent of Buenoways

– to compensate damages to the boat or its equipment caused by guests due to negligence or misconduct
9. Insurance: All boats are under comprehensive and third-party insurances, but Buenoways suggests you have your own personal travel, health, accident, cancellation, luggage and trip-interruption insurance. The insurance does not cover damages of personal property of guests, property brought to the boat and a deliberately caused damage, or any damage caused by guests’ lack of negligence or misconduct. It is strongly recommended that, upon booking confirmation, all guests should contract adequate travel and health insurance packages for their travel arrangement.
10. Cancellations by the Charterer and Refunds:
* 180 or more days prior to embarkation, 10% of the advance payment is non-refundable.
* 179-91 days prior to embarkation, 25% of the advance payment is non-refundable.

* 90-46 days prior to embarkation, 50% of the advance payment is non-refundable.
* 45 or less days prior to embarkation, no refunds.

If the yacht is booked for the same period at the same price, the Charterer may receive a refund minus administrative costs.

11. Cancellations by Buenoways: Should the booking be cancelled by Buenoways (e.g. due to severe damages on the reserved yacht or other circumstances beyond contol), Buenoways will: A) offer an alternative yacht of similar or higher standart, or B) refund all amounts received from the Charterer. Charterer acknowledges that in case when severe damages of the boat have occurred during previous charters, or due to force majeure, Buenoways cannot be held responsible for this, and thus the Charterer shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances. The refund is the full extent of compensation.
12. Force Majeure:  Buenoways cannot be held responsible for any loss, damage or expense resulting from war/terrorist activities, threatened or actual civil unrest, industrial action, weather conditions, fire, quake, flood, drought, harbour & airport regulations, unforeseen alterations to public transport schedules, rescheduling of aircrafts, boats, or any type of transportation means or any other event outside our control which either delays or extends the charter. Buenoways is not responsible for any guests who contravene any law or regulation on the tour. In case of force majeure, the charterer can use 100% of the advanced payment for another charter without any penalty charges.
13. Jurisdiction: The parties will strive to resolve any dispute in a peaceful manner. If the parties are not able to reach an agreement among them, the court in Muğla province of Turkey has the jurisdiction over their dispute.

Charterer acknowledged having understood the terms of this contract.

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