In addition the vessel also did not have a valid Certificate of Inspection (COI) nor did it have a credentialed mariner in control and operating it. All terms and conditions Norwegian Cruise Line as bareboat charterer (the Charterer) of the Vessel hereby agrees to hire the Vessel on a bareboat charter basis on and subject to the terms and conditions of Parts I and II of this Bareboat Charter (the Charterer shall not have or assert (and hereby waives) all claims whatsoever against the Owner, whether known or unknown, suspected or unsuspected, accrued or unaccrued, with respect to the Vessel. The Master, officers and crew shall be the servants and representatives of the Charterer The bareboat charter remains in force, although the vessel was redelivered under the time charter in 2015. [*]: THE CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. Subject always to its rights under You will be taken to the contract page which will need to be signed. 55103). Charter shall punctually pay all premiums, calls, contributions or other sums payable in respect of the Vessels insurances and shall renew all insurances on a timely basis. The reference shall be to a panel of three arbitrators, unless the parties can agree on a single arbitrator, no member of which shall have any interest in or with any of the parties. A charterer generally obtains the use of the whole or part of a ship for a voyage under a voyage charter. contained in Part II on the following pages are hereby fully incorporated by reference into and form an integral part of this Charter. Flag and country of the bareboat charter registry only to be filled in if part v applies n o 45. encumbrances of any nature whatsoever, and the Charterer shall so notify any entity or person which has dealings with the Vessel including (without limitation) repairers, suppliers, or providers of towage services or necessaries to the Vessel. In witness whereof the parties have caused this charter to be executed by their duly authorised signatories on day of august 2010. For the avoidance of doubt, if any loss of or damage to or in respect of the Vessel (including any relating Charter to its financiers or legal advisers nor shall it prohibit either party or NCL or SCL from disclosing any Confidential Information that it is required to disclose by law or the rules or regulations of any stock exchange or similar body. Overview BARECON is a bareboat charter party. agrees that the Vessels condition is acceptable in every respect whatsoever and that the Vessel is in full compliance with this Charter. Before you set sail, you’ll be asked to sign a Bareboat Charter Agreement. to put the Vessel back into the condition required by this Charter. Please call Edwina with any questions at 773.868.0096 or edwina@windycitysailing.com. omission, the Charterer vitiates or invalidates any of such cover, the Charterer shall defend, indemnify and hold harmless the Owner and the other beneficiaries of such insurance to the extent it or any of them suffers or incurs any loss, damage, Given Bluesail's focus on bareboat charter this article will emphasize some of the most pertinent details as published by the U.S. Coast Guard for bareboat charter vessel operation. attorneys, the prevailing party shall be entitled to receive payment of all reasonable and properly documented legal costs and expenses. The Charterer shall bear all risks of loss of or damage to the Vessel, however and whenever the same may be caused. Both parties shall also consider the terms and conditions of this Charter to also be Confidential Information, provided, however, it is expressly agreed that nothing in this clause shall prohibit either party from disclosing this The Charterer shall ensure that all assessments, charges, debts, damages, dues, fines, liabilities, monetary sanctions, penalties, taxes, tolls and other outgoings in respect of the Vessel. If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace the same at its which mailed), postage prepaid, return receipt requested, (iii) by a generally recognized overnight courier service which provides written acknowledgment by the addressee of receipt, or (iv) by facsimile or other generally accepted means A demise charter, oftentimes referred to as bareboat charter, requires a written agreement between the owner of a vessel and a charterer where the charterer has use of the vessel for a defined period of time and is considered the de facto owner. sums receivable in respect of any partial loss and damage relating to the Vessel shall be applied promptly to discharge all liabilities in respect of the loss or (as the case may be) to pay all costs in respect of full repair of damage or (as the The bareboat charter agreement is a rental contract between the charterer and the owner of the boat. BAREBOAT CHARTER Ample Avenue Limited, as owner (the “Owner”) of the vessel described in Part I of this Charter (the “Vessel”, which expression includes all appurtenances, equipment, necessaries, parts and spares belonging or relating to the Vessel), hereby agrees to let, and NCL (Bahamas) Ltd. d/b/a expended in any deviation from the Vessels itinerary, shall be for the Charterers account. including, without limitation, the services pursuant to this Charter; (iii) shall not be produced or copied, in whole or in part, except as necessary for its authorized use under this Charter; (iv) shall be returned to the other party upon protected in accordance with the security measures with which such party protects its own proprietary or confidential information which it does not wish to disclose; (ii) shall be used by such party only to perform its responsibilities, Just a few weeks prior a 48' charter vessel was boarded in the Miami River that had 18 passengers aboard. Charterer or of others. condition as at the [*], fair wear and tear during the Charter Term excepted. deaths of persons and/or loss of or damage to property arising from or incident to such use or operation, whether such injuries or deaths involve the Charterers employees or others and whether such loss or damage involves property of the between the Owner and the Charterer according to their respective interests and taking into account any payment previously made by the Charterer to the Owner in respect of the loss. The Charterer further agrees to defend, indemnify and hold harmless the Owner against all loss, damage and cost resulting from any arrest, capture, claims, liens or encumbrances that are at any time asserted against or imposed on the Vessel and which are alleged to have arisen at any time before or during the Charter Term. these conditions to be removed within the time allowed by the Classification Society and that in any event all conditions and recommendations of class shall be removed before the Vessel is redelivered to the Owner. No violations were found and the charter was able to safely continue. The charterer is the disponent owner responsible for both crewing and managing, as well as employing, the ship. Vessels operations (including financial security in respect of third party liabilities) in such amounts, on such conditions. responsible for any transportation, use, sales, property or any other similar or dissimilar taxes or royalties levied or assessed by any taxing entity, foreign or domestic, in connection with this Charter, the Vessel or the operation or use of the classification or insurance status and further provided that no structural change may be made to the Vessel without the Owners prior written consent. Both of these stories were released by the U.S. Coast Guard Seventh District Headquarters based in Miami, and are a stark reminder that regulatory enforcement is alive and well in the 1.7 million square miles in and around Puerto Rico, Florida, Georgia, and South Carolina. for the benefit of: This Charter shall be Currently Bluesail Group LLC does not offer commercial charter. such documentation and information as the Owner may require showing the insurance cover that the Charterer has arranged and is maintaining in connection with the Vessel. appoint its own arbitrator as sole arbitrator unless the other party appoints its arbitrator within the 14 days so specified. this Charter. In a voyage or time chart granted subject to the imposition of such conditions as the Owner may require. The In this Charter the term It is a lease agreement whereby the charterer obtains possession and full control of the ship along with the legal and financial responsibility for it. For the purposes of the insurance cover to be Besides Bareboat Charter, ships may be chartered or leased for a voyage charter or a time charter. You are solely responsible for all aspects of Vessel operation including sailing, provisioning, mooring, anchoring, fueling and navigating. worldwide provided that the Charterer undertakes that the Vessel shall not be sent to or operated within any area prohibited by the Vessels flag state or any of the Vessels insurers. Below you will find a copy of our Bareboat Charter Agreement. All insurance proceeds for loss of the Vessel shall be paid to the Owner who shall distribute the moneys The Charterer shall not under this Charter. Our incomparable bareboat yacht charter fleet across unrivaled destinations . cost and in its time. The Owner shall not be Any provision that tends to show retention of possession or control of the vessel by the owner, or the owners exclusive operator, would be a contradiction that a valid and legal bareboat charter exists. Bareboat Charter Special Offers - click here. Fair wear and tear shall not include damage to the Vessels deck, internal parts or hull that results from the Charterers use of consequences of civil war, revolution, rebellion, insurrection or civil strife affecting the Vessel. At the end of the Charter Term the Charterer shall redeliver the Vessel to the Owner at the place of redelivery specified in Part I free of class Agreement To Let And Hire. The Charterer shall carry a certified true copy of this Charter with the Vessels papers on board the Vessel and undertakes that it liability, cost in consequence of such failure, act or omission. applicable governmental agency relating to or imposing liability or standards of conduct concerning the use, production, generation, treatment, storage, These General Charter Terms for Bareboat Charter of the Lease Contract will be known as the Contract and the yacht as the Vessel. Both U.S. flag and foreign vessels may be chartered, however foreign flagged vessels cannot carry passengers for hire between U.S. ports and must be chartered by and/or operate as a recreational vessel. With respect to Confidential Information received by a party such Confidential Information: (i) shall be held in confidence and The charterer must be able to select a crew and have the ability to discharge the crew, The charterer is not considered a passenger, and there can only be one charterer, even though the vessel may be chartered by several individuals. BARECON 2001 . BAREBOAT CHARTER AGREEMENT. Vessel s name call sign and flag cl. A bareboat charter or demise charter is an arrangement for the chartering or hiring of a ship or boat, whereby no crew or provisions are included as part of the agreement; instead, the people who rent the vessel from the owner are responsible for taking care of such things. A charter vessel is considered to be carrying "passengers" whether moored or underway. The object of the rental is to allow the charter guest to use the boat for a specific period for leisure purpose. Reimbursement and Distribution Agreement dated as of August 17, 2007 (as amended or modified at any time, the Agreement) made between amongst others Star Cruises Limited (SCL) and NCL Corporation Ltd. BAREBOAT CHARTER AGREEMENT U.S. Coast Guard Regulations for Bareboat Charter, Bluesail Group LLC is dedicated to ensuring all of our managed vessels operate legally, and at the highest safety and maintenance standards. A. Should you have any questions with regard to application of charter vessel regulations within our managed fleet please contact us at info@bluesailcharter.com. Bareboat charter agreement. Please click on the signature box to sign the contract. The Owner and the It is a lease agreement whereby the charterer obtains possession and full control of the ship along with the legal and financial responsibility for it. the Vessel shall be (see Part II, clause 4) [*]. A bareboat charterer may take on legal obligations to the owner of the vessel, the crew, the passengers carried, and others. Charterer shall notify the Owner of the redelivery port by written notice delivered [*] before the end of the Charter Term. become a total loss, the Charterer agrees promptly to pay the Owner the full amount of the agreed total loss value specified in Part I, clause 6 less the amount of any insurance proceeds received by the Owner from the Vessels insurers in party under this Charter shall be made without any set-off, counterclaim or deduction [*]. to be available to the Charterer for any reason whatsoever except where the Charterer is deprived of the use of the Vessel by an independent breach of this Charter by the Owner. wishing to refer a dispute to arbitration shall appoint its arbitrator and send written notice of such appointment to the other party requiring the other party to appoint its arbitrator within 14 calendar days of that notice and stating that it will. During the Charter Term the Using a vessel as a boat bed and breakfast in which the owner or operator receives consideration for people to remain overnight on the vessel is a commercial operation, is still limited to 12 passengers, and requires a written contract (bareboat contract) if the vessel is foreign built and does not carry a MARAD small passenger vessel waiver. The Charterer may remove equipment installed by it before redelivery provided that it The shipowner, possibly a financial institution, virtually gives up control for a fixed period of time. A chartered vessel may NOT carry more than 12 passengers without a Certificate of Inspection (COI), A chartered vessel may NOT carry more than 12 passengers while moored. (NCLC). The term bareboat charter signifies an arrangement for the hiring of a boat or ship without crew and the people renting the boat from the owner are responsible for appointing the crew and making other arrangements. The The Charterer, Norwegian Sky, is registered under the Bahamas flag with Bahamian flag at the port of Nassau with Official No.731038, IMO No. The Charterer the Charter Term. relieve the Charterer of its obligation promptly to discharge all liabilities in respect of the loss or (as the case may be) to pay all costs in respect of the full repair of the damage or (as the case may be) replacement of parts or equipment so as [*], then at any time thereafter either party may terminate this Charter by written notice to the other, The Charterer shall at its own cost and risk crew, manage, maintain, navigate, operate, insure, victual, fuel, supply and. for all purposes whatsoever and the Charter shall be exclusively responsible for ensuring full compliance with all conventions, laws, regulations and rules whatsoever respecting the Master, officers and crew. the relevant works to be carried out during the Charter Term and all related costs and time shall be for the Charterers account. governed by and construed in accordance with English law and any dispute or claim arising under, out of or in connection with this Charter which is not amicably settled by the parties shall be referred to arbitration in London in accordance with the shall be paid on demand by the Charterer to the Owner. All repair and Accordingly, the Vessel shall be deemed delivered and taken over strictly as is, where is and, notwithstanding any term, condition, representation or warranty whatsoever (whether express or implied) to the contrary, the The Charterer shall defend, indemnify and hold harmless the Owner and every person, vessel and entity described in Bareboat Charter Contract Agreement Fill out the form below and submit. Newest Bareboat Charter Yachts: Best Price Guarantee: Caribbean: Bahamas: Mediterranean: Florida Keys: South Pacific and Other "You matched us with the perfect yacht and crew. Vessel before or during the Charter Term or, to the extent applicable, for any U.S. Customs duties for repairs performed in non-U.S. shipyards, and all such taxes, duties and royalties shall be for the Charterers account, and if any such are to any latent defect, deficiency or non-conformity in the Vessel) is not be covered by insurance or if for any reason whatsoever the Charterer does not make any or a full insurance recovery in respect of any such loss or damage, this shall not When the bareboat charter agreement ends, the foreign registry of the vessel should be closed and it must again be registered in the Canadian Register. Reference is made to a certain Owner, the Charterer shall make the Vessel available for survey or inspection by the Owners nominated surveyor or inspector who shall be paid for by the Owner. All time relating to repair or replacement works, including time described in Part I of this Charter (the Vessel, which expression includes all appurtenances, equipment, necessaries, parts and spares belonging or relating to the Vessel), hereby agrees to let, and NCL (Bahamas) Ltd. d/b/a The Charterer acknowledges and agrees that at delivery the Vessel will be subject to certain conditions of class, that the Charterer will arrange for Bareboat charter registry indicate yes or no whether part v appliesoptional n 44. BARECON is a bareboat charter party. 9128532 and Call Sign C6PZ8, and is entered with Det Norske Veritas (the Classification Society) The Operator shall then have no further liability to the Charterer beyond that refund. Charter). A charterer generally obtains the use of the whole of a ship for a period of time under a time charter. 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