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VACATION YACHTING AGREEMENT | YACHT: THREE MOONS | OWNER (or CAPTAIN) | CAPTAIN RANDY & SHELLY TUCKER | CHARTERER | | | ADDRESS | C/O FLAGSHIP-PMB# 188, 5304 Yacht Haven Grande, Suite 104 | ADDRESS | | | CITY/STATE/ZIP | ST. THOMAS, VI 00802 | CITY/STATE/ZIP | | | PHONE | RANDY: 340-690-1900 SHELLY: 340-690-1992 | PHONE | | | EMAIL | charter@sailthreemoons.com | EMAIL | | | Vacation Begins: | NOON- | Beginning Port | | | Vacation Ends: | NOON- | Ending Port | | | # of Charterer’s | | Navigation Limits | USVI and/or BVI | | PAYMENTS
& FEES | | TOTAL FEE | $ | | | | DEPOSIT DUEWITH SIGNED CONTRACT: | |
| Mailing Address:Three
Moons Yacht Charters, Flagship-PMB#188, 5304 Yacht Haven Grande, Suite 104, St. Thomas,
VI 00802 | 2nd DEPOSIT Due: | | | Same As Above | 3rd DEPOSIT Due: | | | Same As Above | | BALANCE Due | | | |
INCLUDED IN FEE: all food, beverages including Standard Ship’s Bar, water toys, BVI cruising taxes, Passenger
taxes and Virgin Islands National Park Anchoring/Mooring Fees. NOT INCLUDED IN FEE: all dockage at client’s request during the term of the charter,
customary crew gratuity, dinners ashore or shore excursions such as private taxi tours, transfers to and from airport or shore
lodging
As in all service industries, it is customary for the crew to receive a gratuity.Please note, the gratuity is not included in the Charter Fee, and
is considered an additional expense. Depending on your level of satisfaction with the service, this gratuity normally ranges
between 10-20% of the base Charter Fee. As always, all gratuities are given at the discretion of the Charterer.Please initial to confirm that you have read and
understand the above statement: CHARTERER’S Initials _____________ Trip Interruption Trip Cancellation Insurance - The purchase of trip, health,
accident, baggage and cancellation insurance is recommended. Please note as appropriate below:□
YES, I have purchased Travel Protection Insurance□ NO,
I do not want Travel Protection Insurance. I acknowledge that I have been offered, and chose to DECLINE
Travel Protection Insurance.Suggested Travel Protection Insurance Companies: www.insuremytrip.com or call at 800-487-4722, www.globalcare-cocco.com or call at 800-779-1017 www.accessamerica.com or call 800-284-8300, www.travelguard.com or call at 800-826-1300
OWNER’S
Initials ____________
CHARTERER’S
Initials ____________ The OWNER agrees to deliver the yacht at the time and place stated, and the CHARTERERS agree to pay the fee and
other agreed charges on or before the dates specified in this Agreement. The CHARTERERS acknowledge that
he/she has read and understand the entire Agreement, including the Terms & Conditions on the reverse. The
CHARTERERS warrant that his/her signature on this Agreement represents consent of all CHARTERERS to be bound by the terms
of this Agreement as if they had each individually signed same. To the true and faithful performance of
the foregoing agreement, the said party binds themselves, their heirs, executors, administrators and assigns each to the other.
IN WITNESS WHEREOF, the parties have hereto set their hands: For the YACHT:
For the CHARTER
By: _____________________________________ By:
____________________________
Date: ___________________________________ Date:
____________________________ Witness: _______________________________
Witness: ________________________
| TERMS & CONDITIONSPAYMENT & FEES: 25% deposit is
due at the signing of this Agreement unless vacation dates are more than 6 months from the signing of this agreement, in which
case 25% deposit is due at the time of signing and another 25% deposit is due 6 months in advance of the vacation dates.
The balance is due in cash or travelers check immediately upon boarding Three Moons. Final balance may be prepaid by
arrangement with the OWNER thirty (30) days prior to beginning of charter.CANCELLATION: If the CHARTERERS cancel, all payments shall be forfeited
as agreed upon liquidated damages. Refund shall be made to the CHARTERERS if the Yacht shall be re-hired
for the same term; or a pro rata refund if re-hired for part of the same term. If the OWNER must cancel,
the OWNER shall refund all payments received from the charterer, except where OWNER’s cancellation is due to SEVERE
WEATHER as described below.DELIVERY:
The OWNER agrees to deliver the yacht to the beginning port in full commission, in proper working order and ready for service.
However, should it be impossible for the OWNER to make delivery as agreed through causes beyond his control, the OWNER
shall not be in default as long as delivery is made within 24 hours of the beginning date. OWNER shall, in that case, either
extend the agreed upon period by the time delayed or shall reduce the fee pro rata to the actual period, whichever is mutually
agreed by CHARTERERS and OWNER. If delivery is not made within said 24 hours, CHARTERERS are entitled to treat this Agreement
as cancelled by OWNER.DRUGS AND OTHER ILLEGAL ACTIVITIES: The use,
transportation, or possession of illegal drugs or narcotics (including marijuana) or of any other contraband, or the participation
in any other unlawful activity is strictly prohibited. The participation in any of these activities by
CHARTERERS, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination
of this Agreement without refund of any and all payments made by CHARTERERS, and Charterers will be held responsible for any
loss or damage to the yacht due to any such violations. RUNNING EXPENSES: The fee includes
all expenses related to the operation of the yacht including fuel (except in the case of some power yachts), Captain, water
and the use of advertised water sports equipment on board. The fee is generally exclusive of special request
charges such as dockage & mooring requested by the CHARTERERS, gratuity, rental of sports equipment not inventoried by
the yacht, premium beverages, off yacht excursions or meal & drinks ashore, telephone and other communications, and other
similar expenses incurred by the charterer. Any such special charges incurred by the yacht are to be paid
to the crew in cash or traveler’s checks. Please refer to the detailed Included / Not Included lists
on the front of this Agreement for your yacht’s specific expenses, which terms shall govern this Agreement.ACCIDENTS/UNFORESEEN CIRCUMSTANCES:
Should the yacht, during the period of this Agreement, be lost, stranded, or disabled by an accident, breakdown or
other unforeseen circumstance, or unable to perform this Agreement because of fire, perils of the sea, or other unavoidable
accident rendering her unfit for use or purpose of this Agreement, not brought about by an act or fault of the CHARTERERS,
this Agreement shall cease from the time thereof and neither of the parties shall then be liable for the loss, damage, expense
or inconvenience resulting therefrom. Should the yacht suffer a mechanical breakdown during the charter
period which cannot be repaired within twenty-four (24) consecutive hours of such occurrence, the CHARTERERS may cancel the
remainder of the unused portion of this Agreement and shall receive a full refund on a pro rata basis.SEVERE WEATHER: No warranty is
made as to the suitability of weather with respect to this trip. If a Named Storm (defined as a windstorm
given a name as a tropical storm or hurricane by the National Hurricane Center in Miami, Fl) threatens or is forecast to threaten
the location/expected location of the chartered vessel within a period of 72 hours, as determined by the Captain in his sole
discretion, the Captain shall have the option of terminating the charter if CHARTERERS have boarded or of refusing boarding
if the charter has not yet commenced. The Captain’s decision to terminate or refuse boarding shall
be final. Upon such termination, the Captain shall immediately disembark the CHARTERERS at the nearest
safe port where further transportation or safe lodging is available. Under no circumstances will a cash refund be provided
for cancellation due to weather.INSURANCE: The OWNER represents that the Yacht is insured against fire, marine and collision risks, and with protection
and indemnity coverage as well as carrying appropriate liability insurance. DISCLAIMER: The OWNER accepts no responsibility
or liability for any injury suffered by the CHARTERERS or any member of their party, specifically, but not limiting the foregoing
statement, any accident, injury, or death due to sailing, swimming, scuba diving, snorkeling, boardsailing, water-skiing,
and other related sports, or the operation of the yacht’s dinghy or outboard motor, whether or not such equipment for
such activities has been provided by the OWNER or the CHARTERERS, and regardless of whether such injury occurs onboard the
Yacht or elsewhere.AUTHORITY:
The OWNER shall provide the yacht with a captain and crew appropriate for her size. The captain shall be
competent in navigation and piloting, and shall be appropriately licensed. The Captain shall have sole responsibility for
the safe operation of the yacht and he/she shall remain in full command of the yacht and his/her decisions as to anchoring,
sailing, weather and other matters that may affect the safety and well being of the charterers and yacht, shall be final.
CHARTERERS’
RESPONSIBILITY: The CHARTERERS agree to be responsible for and to replace or make good any injury to the yacht, her furnishings
or equipment caused by themselves or by any of the CHARTERERS’ party, through carelessness, abuse or neglect, normal
wear and tear excepted, and to satisfy any indebtedness that may have been incurred for account of or by order of the CHARTERERS,
including reasonable attorney’s fees.RESTRICTED USE: The CHARTERERS agree that the yacht shall be used exclusively for pleasure purposes, and will not
in any way violate the Revenue Laws of the United States or of any other Government which may have jurisdiction.
The CHARTERERS agree not to assign or transfer this Agreement without prior written consent of the OWNER. It is agreed
and expressly understood that the CHARTERERS are not the brokers, servants, nor employees of the OWNER in any way whatsoever,
and the OWNER shall not be responsible for any injuries or damages caused by the CHARTERERS or any member or guests of their
party. ARBITRATION:
All parties to this Agreement agree to submit to binding arbitration under the guidelines of the American Arbitration
Association to resolve any dispute that should arise as to the provisions of this Agreement. Such dispute
shall be referred to a panel of three arbitrators; one chosen by the OWNER, one by the CHARTERERS and the third by the two
arbitrators already chosen. Any litigation or arbitration arising from this charter or Agreement shall
be held in the state of the OWNER, unless both the OWNER and CHARTERERS mutually agree upon another location.
Any prevailing party shall be entitled to costs, expenses, and attorney fees for litigation/arbitration for disputes
arising out of this Agreement.FACSIMILE: Both parties acknowledge that this Agreement may be transmitted between them by facsimile
machine and both parties intend that a faxed contract containing either original and/or copies of the parties’ signature
shall constitute a binding contract.
OWNER’S Initials: _____________________ CHARTERER’S
Initials: _________________ |
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