Valencia 51ft Leopard Power Catamaran

Charter Agreement

Name of Yacht: Valencia

• Rented out by Valencia Yachts Private Limited UEN: 201505090W, hereinafter to be referred to as the Owner/ Operator &/or Broker.
• All departures will be from Marina at Keppel Bay unless otherwise stated.

Name of Yacht: Maximum 1

• Rented out by Maximum Yacht Charters Private Limited UEN: 202117111D, hereinafter to be referred to as the Owner/Operator &/or Broker.
• All departures will be from One Degree 15 unless otherwise stated

1. Charter details

The Owner/ Operator hereby agrees to charter the yacht according to the booking information.

2. Charter fees and security deposit

Charter fee: As shown on booking information.

Inclusions: Charter fee for day charters includes (unless otherwise specified)

• Exclusive use of the yacht for duration of charter
• Services of skipper and crew
• Fuel & utilities for the operations of the yacht during the charter
• Use of any water sport equipment on the yacht e.g., kayaks, water mat (complimentary but subject to availability)
• Use of the standard equipment e.g., fridge, cooler boxes

3. Charter Terms and Conditions

• All bookings are subject to availability.
• All bookings to be made at least 48 hours in advance. There is no maximum notice period for reservation of a yacht charter.
• Owner/Operator will use its best efforts to cater to the preferred yacht charter time slots of Charterers. If the yacht has been booked, alternative timings or other yacht will be provided.
• Owner/Operator will take up to 2 working days to reply on the booking requests or send charter confirmation. For example, if the booking request is sent on a weekend Saturday or Sunday, it will be replied latest on Tuesday (2 work days)
• Bookings on eve of and Public Holidays are subjected to 20% surcharge unless otherwise stated.
• Only when payment is made, is the booking considered confirmed and paid for. Payment constitutes acceptance of the terms & conditions of Agreement.
• For charter duration up to/over midnight, an additional surcharge of $200 applies.
• In the event, due to circumstances beyond owner / operator control (e.g., the Marina is closed for maintenance) the departure venue is changed, the Charterers shall be duly notified.
• The charterer is required to sign a Company yacht charter agreement prior to their charter date. Only one agreement is required per charter.
• Price indicated for charters are within Singapore waters only. Any request for a cruise outside Singapore waters, charters of a longer duration will be subject to the prevailing rates.
• Any request for additional number of crew on board will be charged at S$300 per crew per charter, subjected to terms and conditions.
• Fuel utilised on extended charters will be charged. Estimates will be provided (to be charged on onset of booking)
• Additional food and beverage charges as agreed with Charterer at time of booking (to be charged on the onset of booking)

4. Delivery of the Yacht

• Owner/Operator shall deliver the chartered yacht to the Charterer at the start of the agreed charter period in a clean and seaworthy condition.
• Should Owner/Operator be unable to deliver the chartered yacht or a similar yacht for the charter period for situations including changes in Government regulations, the Charterer is entitled to reschedule (subjected to availability). In this event there will be no further rights or claims for damages or compensation from the Charterer.

5. Crew

• Owner/Operator will provide one qualified Captain and crewmen, in accordance with the yacht’s licensing requirements.
• The Charterer may not helm the yacht and/or bring his/her own skipper to helm the yacht.
• The Captain has absolute authority and his instructions must be adhered to at all times. The Captain will be the sole judge of all matters concerning seamanship and safety of the yacht.

6. Use of the yacht and equipment

• The Charterer agrees to ensure the yacht returns in the same condition as it was prior to the charter. Standard cleaning after the charter is included in the charter price, however any additional cleaning that is required over and above the standard time of 1 hour is chargeable at S$200 per hour.
• The Charterer agrees to handle the yacht and yacht’s equipment as if it were his own property, with proper care and handling, and to respect and act according to the rules and regulations of the marine and harbour authorities as well as the custom authorities and police.
• OWNER/OPERATOR reserves the right to refuse or cancel a charter that may deem to involve inappropriate behaviour and/or excessive alcohol consumption, or any activities that may jeopardise the safety of the yacht, crew and passengers.
  • If the Captain deems that any of the Charterer’s guests have consumed an excessive amount of alcohol and/or are behaving in a manner that compromises the safety of the guests and crew, and/or is causing damage to the yacht, it’s fittings, fixtures or equipment, the Skipper will immediately curtail the charter and return to the dock. In this event, there will be no refunds given.
  • The Charterer agrees that there will be NO SMOKING on the yacht unless stated otherwise. If this regulation is not abided by, and damage is caused to the yacht, the Charterer will be liable for all repair costs.
  • The Charterer is liable for all damage to the yacht or equipment, as well as for personal injury to third parties and hired staff, resulting damage or losses, which is caused by him or his party with or without intent or through negligence.
  • The Charterer is liable for any items removed from the boat such as, but not limited to, towels, glasses, cutlery, beverages not purchased by the Charterer.
  • The Charterer understands the risks involved in water activities such as, but not limited to, swimming, snorkeling, kayaking, paddle-boarding, riding on the dinghy and its towing inflatables, contact with marine fauna, and that any participation in such activities by the Charterer or their party is entirely at their own risk.
  • The Charterer agrees that all children on the yacht should be accompanied by a responsible adult. The Charterer understands that children are the parents/adults responsibility, and that the Skipper or Crewman will be unable to look after the children.
  • Minors under the age of 21 years must be accompanied by a parent or guardian who will be responsible for the minors.

The Charterer agrees herewith:

• To abide by any instructions given by the Captain. The Captain is responsible for the safety of the guests and care of the yacht and its equipment and will issue instructions accordingly.
• That they will not change the agreed cruising itinerary without prior approval from the Captain; to pay all harbour and visit fees where applicable;
• To observe good nautical and traditional yacht customs;
• To abide by and inform all guests of the safety and general information provided at the end of this agreement.
• To allow no pets on board (unless stated otherwise).
• To use no scouring, corrosive, or chlorinated cleaning agents whilst on the yacht.
• To take responsibility for personal belongings and any loss or damage will not be burdened by OWNER/OPERATOR and its crew.
• Pictures taken by the crew is the property of Maximum Yacht Charters Private Limited.

7. Damage to the yacht

Any damage caused to the yacht by the Charterer, or any extra cleaning required due to the state the Charterer returned the yacht, or any other ad hoc expenses incurred during the charter by the Owner/Operator on behalf of the Charterer, shall be charged to the Charterer onboard. The Charterer agrees that any such costs can be charged accordingly.

In the event of damages arising from, any injury, damage, loss, removed items, or additional cleaning required over and above standard cleaning, attributable to the yacht, her crew, equipment, furnishings or inventory, caused by the Charterer or any of their party (the "Damage"). The Charterer agrees to be responsible for, and to compensate the Owner/Operator for, any such Damage, caused by the Charterer or any of their party. The Owner/Operator will notify the Charterer before the charges are made.

The Owner/Operator will provide the Charterer with receipts of the charges for their reference. In the event that the costs of damage cannot be assessed immediately, an estimated cost shall be established.

8. Insurance

Fully comprehensive insurance covers damage to the yacht, but the Charterer agrees that he is liable for all damage through breach of this Agreement, negligence or malicious or willful acts.

The Charterer shall remain liable for any loss, damage or liabilities arising from any act or negligence of the Charterer or their party.

The Charterer should carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses (including emergency transport evacuation) incurred.

The Charterer should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement. We strongly advise that the Charterer ensures that all of his party have adequate personal accident insurance.

9. Disembarkation from the Yacht

Boarding time will be at the start of the stated charter time It is imperative to plan the cruise carefully and to begin the return trip in due time in order to guarantee a punctual arrival in the port of disembarkation, even in the event of unfavourable conditions.

• All charterers must disembark at the end of the stated charter time. Regardless of time cruise out, charter will still end at the stated charter time, unless stated otherwise.
• The Charterer agrees to ensure their guests disembark promptly from the yacht on arrival back at port, or within the agreed charter duration.
• The Charterer and guests agree to abide by the marina regulations upon disembarkation and will be dressed appropriately and behave in an acceptable manner.
• A charter may be extended, subject to availability, and upon agreement with the Captain and OWNER/OPERATOR Extension will be based on an hourly rate calculated at the published rack rate.
• A delayed disembarkation through fault of the Charterer will incur an hourly rate of extension fee as per prevailing rates. In addition, the Charterer is liable for expenses incurred by the Owner/Operator and the next charter party, if the next charter party is delayed by the delayed disembarkation
• Should the cruise have to terminate at any place other than the agreed port, through fault of the Charterer, the Owner/Operator must be informed immediately. In this case, the Charterer is liable for all costs incurred to return the yacht to the agreed port of disembarkation.
• Weather conditions must be taken into consideration when calculating a flexible cruise itinerary to avoid incurring delay penalties. Delays caused by adverse weather conditions are subject to the same penalties as any other delays.

10. Curtailment of charter

• In the event that the charter is curtailed due to unforeseen circumstances such as any mechanical reasons, and OWNER/OPERATOR is unable to provide a similar yacht, OWNER/OPERATOR will postpone the charter to another date where both the charterer and yacht is available. In this event there will be no further rights or claims for damages or compensation from the Charterer.
• In the event of severe weather conditions forecast for the duration of the charter period, OWNER/OPERATOR reserves the right to reschedule the charter. No refund will be given should severe weather occur and no refund will be given should the rescheduled charter take place during a less expensive charter period.
• Charter may not be cancelled due to adverse weather and sea conditions, unless otherwise determined by the Captain. If the Captain deems the weather conditions unsafe to sail, he will make the decision to postpone or curtail the charter. The Captain’s decision is final and no refunds will be made.
• In adverse weather conditions, where the Captain is concerned for the safety of the yacht, party and/or crew, the decision of the Captain is final. The Captain may return the yacht to the port of embarkation or port of disembarkation (whichever is the closer), or the nearest shelter or suitable anchor bay. If any member of the party/crew fails to comply with the reasonable instructions of the the captain, he may return the yacht to the port of embarkation or port of disembarkation (whichever is the closer), whereupon the charter will be terminated and the Charterer will not be entitled to repayment of any part of the charter fee or any other remedy.

11. Rescheduling Policy

• Rescheduling due to adverse weather as concurred by the Captain is free of charge. The Charterer have to be present onboard with the Captain to ascertain the weather and water conditions whether
• it’s suitable to sail in the event of bad weather. If the charterer does not show up on the day of charter, it’s considered a no-show and will be an immediate forfeiture.
• The first rescheduling due to adverse weather is provided free of charge, only if it’s more than 14 days make known prior to the charter date, subject to availability. Subsequent rescheduling will incur a 50% charge of the charter fee and must be made more than 14 days prior to the charter date.
• Rescheduling/postponement will incur a 50% charge of the charter fee if it’s other reasons besides adverse weather unless otherwise stated.
• If you want to reschedule your charter from a weekend slot to a weekday slot, we wouldn’t be able to provide a refund on the difference of the charter fee.
• Validity for the reschedule booking must take place within 3 months from the first original booking date unless otherwise stated. After 3 months, no refund will be provided and charter will be taken as a new request.
• If you want to reschedule your charter from a weekday slot to a weekend slot, you will need to top up the difference in Charter fee.
• All the above stated is subject to charter slots availability.

12. Cancellation policy

• Once charter is confirmed and paid for, no refund will be made if charterer decides to cancel.
• Any external vendors such as teambuilding, catering, wedding planners etc. once booked and paid for will not be refunded, unless stated otherwise.
• Any extra crew, once booked and paid for will not be refunded unless stated otherwise
• OWNER/OPERATOR is entitled to cancel this Agreement should the Charterer fail to meet his/her payment deadlines. In this event, the Charterer shall have no further rights or claims for compensation.
• Re-schedule of charters due to extreme weather conditions on the day will be permitted under the following conditions:
  • The captain, in his reasonable opinion, declares that the sea conditions are not suitable for the charter either prior or during the scheduled yacht charter and there is a reasonable possibility of danger to the yacht, the yacht’s personnel and/or guests.
  • Rescheduling due to adverse weather as concurred by the Captain is free of charge. The Charterer have to be present onboard with the Captain to ascertain the weather and water conditions whether it’s suitable to sail in the event of bad weather. If the charterer does not show up on the day of charter, it’s considered a no-show and will be an immediate forfeiture.

13. Legality and validity of this Agreement

This Agreement is subject to the laws applicable at the registered office of the Owner/Operator. Should one part of this Agreement be deemed invalid, the effectiveness of the remaining regulations is not affected.

This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter thereof. No modification of this Agreement shall be valid unless in writing and signed by each of the parties.

For purposes of this transaction any signed document transmitted by E-mail shall be treated in all manner and respects as an original signature. Any such E-mail document shall be considered to have the same binding legal effect as an original document. Where no signature is required, payment on invoice constitutes acceptance of Agreement.

Insurance included