I'm sure almost none of you have ever read a charter contract

I decided to take the basic contract of Dream Yacht Charter, the world's largest charter company, and translate into Russian all the important points except the obvious ones. Some might surprise you.

I would like to emphasize right away that the conditions are almost the same for different charter companies — everything you read below is likely to be found in one form or another in any contract.

Item 3d

In the event that DYC believes that the Charterer and crew members have insufficient yachting experience, DYC reserves the right to cancel or change the charter and will not refund the Charterer any money paid so far. If possible, DYC may offer to provide its own skipper at the Charterer's expense. If a hired skipper is provided, the Charterer has no right to fire the skipper before the end of the charter, except with the consent of DYC. If DYC is unable to provide a hired skipper, the Charterer will be allowed to use a boat parked at the pier (without access to sea).

Paragraph 3 (e)

Sometimes, for various reasons, your booked boat may be replaced, and DYC reserves the right to provide an alternative yacht. If your yacht changes after booking, you will be notified as soon as possible. You will be offered a yacht of equal or larger size, and if you upgrade to a more expensive yacht category, you will not be charged extra for the difference. If the only alternative yacht available is cheaper, you are entitled to a refund of the price difference.

Paragraph 4 (b)

If the return of the yacht is delayed due to force majeure, as defined below, it must be returned as soon as possible. The terms of the Agreement remain in force in the meantime, but without penalties or additional charges from the Charterer.

Paragraph 4 (c)

In the event of a delay in returning the yacht, the Charterer undertakes to pay DYC a proportional charter price plus 50%. Any day started beyond the charter period is considered a full day. If the Charterer leaves the yacht at a location other than the designated End Port, the Charterer agrees to pay DYC all costs and fees incurred to return the vessel to the designated Destination Port. As well as compensation in proportion to the charter cost for the number of days required to return the vessel to base. Leaving a yacht is defined as leaving the yacht for more than 12 hours.

Paragraph 4 (d)

If the Charterer is unable to return the DYC yacht to its destination port due to intentional delay or change of itinerary, the Charterer undertakes to pay DYC a pro rata charter fee plus 50%. Any day started beyond the charter period is considered a full day. If the return delay exceeds 24 hours, the Charterer is obliged to compensate for any loss or damage that DYC suffers as a result of the inability to use the vessel, the cancellation or delay in delivery of any subsequent ship charter.

Paragraph 5 (c)

On the first and last day of the charter, the Charterer is provided with a free seat in the home marina.

Paragraph 5 (d)

DYC considers the generator and air conditioning as additional equipment and, if it fails, undertakes to reimburse the Charterer $550 or €500 for the charter.

Paragraph 5 (e)

If for any reason the desalination plant fails during the charter and our technical team is unable to resolve the issue, please keep your refueling checks during your charter and you will be refunded the water price when you drop off the boat (only the cost of water is reimbursed, but not the cost of docking/towing, fuel, or ancillary expenses such as ice).

Item 5 (f)

DYC is committed to responding to all claims received no later than 1 month after the end of the charter.

Paragraph 6 (a)

If the Charterer (or crew member) will operate a yacht, he represents and guarantees that he has experience and a license and is competent in managing and operating a yacht of the type specified in this Agreement. And also that the Charterer has sufficient practical knowledge in the field of sailing, navigation and MPPSS to fully control the yacht. The charterer undertakes to allow only suitably qualified persons to fly the yacht during the charter.

Paragraph 7 (a)

At the time of picking up the yacht and before signing the checklist, the Charterer must check that the vessel and equipment are in good working order and meet minimum standards. The charterer may report to DYC anything that it considers to be contrary or inconsistent with the standards specified in the invoice. Acceptance of the yacht by the Charterer certifies that DYC's obligations have been fulfilled.

Paragraph 7 (b)

Upon acceptance, the Charterer and crew are fully responsible for the yacht and for any damage to property or personal injury that may occur, including third parties. In the event that DYC provides a skipper, the Charterer remains responsible for the vessel, the conduct and the well-being of the crew.

Paragraph 7 (c)

The charterer assumes responsibility for all crew members and passengers on board and requires crew members and passengers to comply with the conditions set forth in this document. DYC prohibits solo sailings on bareboat charters.

Paragraph 7 (d)

The charterer is responsible for servicing the yacht during the charter and pays for all ongoing expenses that arise after acceptance, such as mooring fees, local taxes, fuel, water and meals.

Paragraph 7 (e)

If technical problems require outside assistance, the Charterer must notify DYC immediately before incurring any costs, unless the delay results in personal injury or significant material damage. The charterer must keep all invoices and repair receipts that DYC will refund on the day the yacht is delivered or as soon as possible. The charterer must take all reasonable steps to prevent the yacht from being towed by another vessel. However, if towing is necessary despite all reasonable efforts, the Charterer must record the cost of towing with the master of another vessel before it begins and notify DYC about it.

Item 7 (f)

In the event of an accident involving another vessel, the Charterer must immediately contact DYC and follow DYC's instructions, regardless of whether the Charterer has caused damage to the DYC yacht and/or another vessel.

Item 7 (g)

The charterer undertakes to carry only the number of passengers permitted by the ship's safety regulations. The charterer agrees that he/she will not carry goods, carry passengers for a fee, or engage in any other commercial activity, such as professional fishing. Subletting or renting a yacht is not permitted.

Item 7 (h)

The charterer undertakes to use the yacht responsibly and to comply with all laws, including fishing and deep sea fishing regulations. The Charterer shall hold DYC harmless from any claims or lawsuits arising out of or in connection with this Contract for failure to comply with these rules and regulations.

Item 7 (i)

The charterer agrees that DYC yachts are only allowed to participate in selected regattas approved by DYC. Participation in the regatta may incur additional fees and an increase in the security deposit. It is strictly forbidden to participate in regattas that are not approved by DYC.

Paragraph 7 (j)

The boat must be returned to the final port with all equipment on board in the same condition as at departure, ready for cleaning, on the specified date and time when the charter ends. If the boat is returned without a full tank of fuel, a fee of 100 €/110 US $ will be charged in addition to the fuel cost. If the toilet is clogged during the charter, a fee of €200/US$220 per toilet is clogged.

Item 7 (k)

The charterer undertakes to pay for any loss or damage not covered by insurance that may occur on or from the ship before return. The charterer is fully responsible for the vessel until the final checklist is signed and the yacht is finally delivered.

Item 7 (l)

The charterer agrees to stay within the approved cruise area as required by DYC and/or by law and specified in the charter agreement. The charterer undertakes to respect the sailing area specified in the contract. The charterer agrees not to leave the harbour or the parking lot:

— when the wind is more than 6 points, or if such wind strength is predicted

— if port authorities have banned navigation

— if the Ship is damaged and not repaired

— if any vital equipment such as engines, sails, rigging, bilge pump, navigation lights, mooring devices, compass or safety equipment is not in working order

— if fuel supplies are insufficient

— if, in general, weather conditions or the condition of the Vessel or crew pose a danger to the Vessel or crew.

The charterer agrees to follow any navigation and itinerary instructions the DYC may give him, especially in the event of bad weather.

Item 7 (m)

The charterer agrees not to go to sea after dusk. The charterer undertakes to keep daily entries in the ship's log, including the destination harbor, the condition of the vessel and crew, any changes in crew composition, sequential positions/locations, weather conditions, sails used and engine hours.

Item 7 (n)

Any image or image of you or your crew aboard your chartered vessel obtained during the charter may be used by DYC free of charge in all media for fair advertising or marketing purposes, including without limitation promotional material of any kind such as brochures, slides, video shows, commercials and the Internet.

Item 8

The operator insured the chartered ship and the charter client against all accidental damage, including damage caused to third parties.

However, the theft or loss of personal belongings of a charter client, as well as all people on board, as well as any accidents they may be victims of, are excluded from the scope of this insurance.

In the event of any damage, including to third parties, the charter client must submit a report, including, if necessary, a response statement with the full contact details of third parties and their own insurers, and in all cases immediately notify the operator. Failure to comply with this requirement is governed by article 13 “Voluntary violation”. The insurance coverage organized by DYC has an insurance franchise (charter deposit) paid by the charter client. Thus, the latter bears risks for any loss or damage, including those caused to others, up to the deposit amount specified in special contractual terms.

Dream Yacht Charter offers a full reduction in this deposit through additional optional contractual payments (“Essentials pack”) - this additional charge is mandatory when chartering with a skipper and to most destinations listed on the booking confirmation.

The operator is not obliged to provide the charter client with a replacement vessel or to pay any compensation if the chartered vessel is immobilized as a result of accidental damage during the charter.

If equipment of significant value, such as an outboard engine or tuzik, is lost or damaged, the charterer is entitled to immediate replacement during the charter, subject to a separate security deposit of 2,000 euros (to cover equipment replacement costs).

Item 9

If the Charterer cancels the charter more than 60 days before the start of the charter, the Charterer loses his first booking fee. If the Charterer has already paid for additional options, DYC will refund these costs. If the Charterer cancels the charter 59 days or less before the start of the charter, he loses the entire charter price. If the Charterer has already paid for additional options, DYC will reimburse the Charterer for these costs unless the cancellation takes place within seven days of departure. If the cancellation takes place within seven days, additional options are not refundable. The charterer has the option to purchase travel insurance to cover any losses he may incur if the charter is canceled.

Paragraph 10 (a)

DYC is not responsible for any loss, loss, delay, or failure to perform any obligations under this agreement resulting from any force majeure event, including natural disasters, fire, natural disasters, epidemics, war (declared or undeclared), military action, mutiny, revolution or civil disorder, piracy, civil war or hostile acts, strikes or disagreements with workers, changes in federal or regional laws, regulations and civil disorder, or changes in federal or regional laws, regulations and civil strife regulations of any public authority or any other group, organization or informal association (officially recognized or not recognized as a government), as well as any other reasons beyond DYC's control that make it impossible to continue operations.

Paragraph 10 (b)

In case of delay or non-fulfillment of obligations in connection with the event described above:

  1. All payments made to pay for the charter will be used as credit to pay for a future charter. Refunds are not available.
  2. DYC will work with the Charterer to book a new charter on another vessel in agreement with the Charterer, at a new location, for new dates based on availability and Charterer's preferences. If the parties are unable to book a new charter during this time, the Charterer's deposit will remain as a DYC credit and will never expire.
  3. DYC is not responsible for additional costs incurred by the Charterer as a result of changes to the charter caused by force majeure.

Paragraph 11a

If the leased vessel or its equivalent is not available on the day of departure for a reason other than force majeure, the Charterer is entitled to the following options, if possible:

  1. If it is possible to postpone the departure date and maintain the duration of the charter;
  2. Save the end date and the Charterer will be refunded for the duration of the ship's absence on a pro rata basis of the charter price.
  3. If the delay exceeds a quarter of the charter time, the Charterer may terminate the contract with DYC and receive a refund of the charter price.

Paragraph 11 (b)

The Charterer waives all claims, losses, debts, liabilities, demands, costs, expenses, interests, claims and/or attorney fees as a result of the delay in the charter.

Paragraph 11 (c)

Any interrupted or shortened charter, any service not used by the Charterer for any reason, is non-refundable.

Paragraph 12 (a)

Governing Law: Any legal action arising out of or in connection with this contract will be heard in Port Louis, Mauritius

Paragraph 12 (b)

The Charterer must not create or allow any maritime liens, rescue operations, or debts to the Ship or DYC. The charterer must not leave (abandon) the Ship or enter into any agreement to save the vessel without the prior written consent of DYC. The Charterer is obliged to indemnify and hold DYC harmless from any liability for any maritime bond, rescue, or debt incurred by the ship or DYC as a result of any act or omission by the Charterer.

Paragraph 13

A charterer or his crew who intentionally violates any of the specific or general provisions of this agreement will be liable if that breach results in proven damage to Dream Yacht Charter:

  • damage not covered by insurance, including in the event of the complete loss of the vessel
  • tripling the charter deposit when the charter continues, with the cancellation of the possibility of reducing it in the event of damage by the Charterer