SPECIAL CONDITIONS:
In Clause 26:
(1) for the first paragraph there shall be substituted: “The OWNER and the CHARTERER shall, on request, each make available to the other (via the Broker and Stakeholder, on a strict “need to know” basis wherever possible) such evidence as may reasonably be required to establish their identity, nationality, place of domicile and residence (or, in the case of an incorporated entity, the legal status of the entity and the equivalent evidence in respect of its ultimate beneficial owner(s) and controller(s)) and, in respect of the CHARTERER, their sources of wealth and funds (“KYC Documents”). KYC Documents shall be provided promptly upon request.”;
(2) for the third paragraph there shall be substituted: “It is agreed by the Parties that the Broker and/or Stakeholder shall not be obliged to receive or pay any funds under this Agreement in the event that any requested KYC Documents are not made available by the OWNER or the CHARTERER, as the case may be, or the Broker and/or Stakeholder are prohibited from receiving or paying such funds by their respective regulatory authorities; and
2. In Clause 29, for the first sentence there shall be substituted: “As a condition of this Agreement, the OWNER and the CHARTERER each warrant to the other and to the Broker and the Stakeholder, as of the Date and on a continuing basis, that they (including, in the case of an incorporated entity, their ultimate beneficial owner(s) and controller(s)) and, in the case of the CHARTERER, their Guests are not a SANCTIONED PARTY or a person with or involving whom the arrangements envisaged by this Agreement are prohibited or restricted by SANCTIONS and that the Vessel will not be employed or any payment made in breach of SANCTIONS. Further, the OWNER warrants that the Vessel itself is not subject to SANCTIONS.”
3. The OWNER shall procure that the Captain and Crew keep all information related to this Charter, the CHARTERER, and all Guests confidential and do not disclose such information to any third party without the prior permission of the CHARTERER in writing.
4. If Fiscal Authorities levy a VAT tax on the Gross Value of the Charter Fee, the Charterer accepts responsibility to pay such tax.
5. Instructions to amend any bank details relating to this Charter shall never be given via email. Any such instructions received could be fraudulent and must be verified by other means.
6. Prior to termination of the Charter Period, the Charterer may propose an extension thereof at the same daily Charter Fee (prorated) subject to the Owner’s agreement.
7. A crew gratuity between 10 and 15 % of the charter fee is customary but is given at the charterer’s discretion.
8. Use of a personal watercraft is only permitted subject to the operator having the appropriate license and meeting with local operating regulations. Any liability arising from non-compliance is entirely at the operator's risk. The Crew reserves the right, in its sole discretion, to restrict or prohibit the use of any water toys, recreational equipment, or related gear if any guest is, or is reasonably suspected to be, under the influence of alcohol or any intoxicating substances.
9. The Stakeholder expects to receive funds in full, any shortfall due to bank charges will be deducted from the APA. All incurred bank charges are at the Charterer's expense.
10. The Charterer is responsible for ensuring that all required visas for themselves and their guests are valid.
11. The Parties agree and acknowledge that instalments are a guarantee deposit and the APA is a general deposit of funds to be used by the Charterer. Upon and subject to the performance of this Contract, as per clause 20 hereinafter, the instalments become the payment of the total amount for Charter Fees.
12. The expenses payable by the Charterer in accordance to Clause 8, will be on Charterer’s account and shall be deducted from the APA deposit; any operating costs eventually invoiced to the owning company in exemption of Vat will be charged to the Charterer and subject to the same VAT rate as applied to the charter fees and will be deducted from the APA deposit.
13. APA: Any outstanding accounts will be settled with the Captain, onboard and prior to disembarkation. The Captain shall not use his own or Yacht funds for any Charterer-related expenses under any circumstances. The Captain shall continually oversee the APA balance and monitor all APA-related obligations to ensure that any anticipated shortfall is identified in advance. The Captain must promptly communicate the need for additional funds so that all necessary wire transfers can be executed in a timely manner by the Charterer or its designated financial administrator.
14. The Charterer shall wire any amount due under the terms of the MYBA Charter Agreement exclusively from an account in the name of the Charterer (“an Authorised Bank Account”). If the Charterer is unable or unwilling to make payment from an Authorised Bank Account, the Charterer shall advise all parties in advance and provide all documentation linking the Charterer to the company or individual making the payment. In the event that payment is received from a third-party account other than the Authorised Bank Account, the Broker or the Stakeholder shall be entitled to reject such payment without liability. This shall in no way relieve the Charterer from his liability to abide by the payment terms and other conditions in the Charter Agreement.
15. Whilst every effort will be made to secure berthing in the chosen ports during the cruise, neither the Owner, Captain nor Stakeholder can be held responsible for the final allocation of any berth
16. Dockage fees incurred on the day of charter commencement (embarkation) and the day of disembarkation shall be the sole responsibility of the Charterer, if not at the home port. If the vessel is required to berth in a port other than its designated base port on the night preceding embarkation, all associated port fees for that night shall be borne by the Client.
For charters starting in Italy
During the term if this agreement, the charterer will be liable to pay for Italian VAT at 22% on the charter fee, delivery fee and any extraordinary expenses invoiced by the owner to the charterer. The taxable base will be determined by the time spent inside the E.U territorial waters. Should the vessel be used outside the E.U territorial waters during the term of this agreement, the taxable base may be reduced in proportion to the time spent outside E.U territorial waters (Decree no.234483:2020). The charterer will be reimbursed proportionally at the end of the charter upon reception of acceptable navigation proofs justifying the reduction of the taxable base.
The operating costs in accordance to Clause 8, will be on Charterer's account and shall be deducted from the APA deposit; any operating costs eventually invoiced to the owning company in exemption of VAT will be charged to the Charterer and subject to appropriated VAT rate.
For charters starting in France
During the term of this agreement, the charterer will be liable to pay for French VAT at 20% on the charter fee, delivery fee and any extraordinary expenses invoiced by the owner to the charterer. The taxable base will be determined by the time spent inside the E.U territorial waters. Should the vessel be used outside the E.U territorial waters during the term of this agreement, the taxable base may be reduced in proportion of the time spent outside E.U territorial waters (BOFIP 30-30-30-10). The charterer will be reimbursed proportionally at the end of the charter upon reception of acceptable navigation proofs justifying the reduction of the taxable base.”
“The operating costs in accordance to Clause 8, will be on Charterer's account and shall be deducted from the APA deposit; any operating costs eventually invoiced to the owning company in exemption of VAT will be charged to the Charterer and subject to appropriated VAT rate.
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55 Litres/Hr |
9 |
10 |
