CLAUSE 1.  AGREEMENT TO LET AND HIRE

A: The OWNER agrees to let the Vessel to the CHARTERER and not to enter into any other Agreement for the Charter of the Vessel for the same period.

B: The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, the Advance Provisioning Allowance if applicable, and any other agreed charges, in cleared funds, no later than the dates and to the Account specified in this Agreement.

CLAUSE 2.  DELIVERY

The OWNER shall at the beginning of the Charter Period deliver the Vessel to the Port of Delivery and the CHARTERER shall take delivery in full working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment as required by the Vessel’s registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER to use the Vessel as set out in Clause 13. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area.

CLAUSE 3.  RE-DELIVERY

The CHARTERER shall re-deliver the Vessel to the OWNER at the Place of Re-Delivery free of any debts incurred for the CHARTERER’s account during the Charter Period and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishes, re-deliver the Vessel to the Place of Redelivery and disembark prior to the end of the Charter Period but such early re-delivery shall not entitle the CHARTERER to any refund of the Charter Fee.

CLAUSE 4.  CRUISING AREA

A: The CHARTERER shall restrict the cruising of the Vessel to within the Cruising Area and to within regions in the Cruising Area in which the Vessel is legally permitted to Cruise. The CHARTERER shall also restrict time under way to an average of six (6) hours per day unless otherwise planned in the Addendum Itinerary, and /or unless the Captain, at his sole discretion, agrees to exceed this time.

B: Cruise is to be operated generally in accordance with the Addendum attached as ‘Addendum - Itinerary’, provided that while every effort will be made to carry out our cruise itinerary as planned, our itineraries are subject to change at the captain’s discretion. When touring at sea, weather, currents, and even Harbour Masters don't always co-operate with our planned itinerary, which sometimes make our planned schedules challenging or even impossible to carry out.  For that reason, our written itineraries must be approached with reasonable flexibility. We reserve the right to make alterations due to circumstances beyond our control and/or other factors, in the best interests of safety and comfort for all.

CLAUSE 5.  MAXIMUM NUMBER OF PERSONS - RESPONSIBILITY FOR CHILDREN - HEALTH OF THE CHARTERER’S PARTY

A: The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on Board plus, at the sole discretion of the Captain, a reasonable number of visitors whilst the Vessel is securely moored in port or at anchor, or as permitted by the appropriate authority.

B: If children are taken on board, the CHARTERER shall be fully responsible for their conduct and entertainment and no member of the crew shall be held responsible for their conduct or entertainment.

C: The nature of a charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signature of this Agreement the CHARTERER warrants the medical fitness of all members of the CHARTERER’s Party for the voyage contemplated by this Agreement. The CHARTERER and his party undertake to have all necessary visas and vaccinations for the countries to be visited and need to inform prior to arrival about health and allergies, and alimentary requests.

CLAUSE 6.  CREW

A: The OWNER shall provide a Captain qualified in accordance with the Vessel’s flag state requirements and acceptable to the insurers of the Vessel. He shall also provide a suitably qualified and properly trained Crew. No member of the Crew shall carry or use any illegal drugs on board the Vessel or keep any firearms on board (other than those declared on the manifest) and the Captain and Crew shall comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement.

B: It is understood that the Crew are entitled to a minimum amount of rest in accordance with the Vessel’s Code of Practice.

CLAUSE 7.  CAPTAIN’S AUTHORITY AND RESPONSIBILITIES

A: The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain shall comply with all reasonable orders given to him by the CHARTERER regarding the management, operation and movement of the Vessel, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might result in the Vessel moving to any port or place that is not safe and proper, or might result in the CHARTERER failing to re-deliver the Vessel upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of Clause 13 and/or any other clause of this Agreement. Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions in Clause 13 and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect of the same, the Captain shall inform the OWNER, the Broker and the Stakeholder, and the OWNER may terminate the Charter forthwith or instruct the Captain to return the Vessel to the Place of Re-Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his Guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain beforehand and the CHARTERER shall not be entitled to any refund of the Charter Fee.

B: With particular regard to the use of water activities equipment, the Captain shall have the authority to exclude the CHARTERER or any or all of his Guests from use of any particular water activities equipment if they are unsafe, or behaving in an irresponsible manner, or are under the influence of alcohol, or are failing to show due concern for other persons or property when operating this equipment.

NOTIFICATIONS BY THE CAPTAIN / TOUR LEADER                  

The Captain/Tour Leader shall immediately notify the OWNER of any breakdowns, disablements, crew changes, accidents, or other significant incidents that occur during the Charter Period.

CLAUSE 8.  OPERATING COSTS

The Charter Fee includes the charter of the Vessel with all its equipment in working order; tools; stores; cleaning materials and basic consumable stores for engine room, deck, galley and cabins; laundry of ship’s linen; the crew’s wages, and any charges for waste disposal, charges for water and electricity taken from shore; uniforms and food; the insurance of the Vessel and crew as per Clause 15, Full board meals, non-alcoholic beverages, excursions, use of bath and beach towels, (limited) laundry service, use of snorkelling gear, and sea canoes, services of English speaking Tour Leader, transfer to and from the ship to airport outside of Bali.

The CHARTERER will pay, at cost, for all other expenses. These include, but are not limited to, additional running hours only when outside the agreed itinerary and requested specifically by CHARTERER, shoreside transport; customs formalities, personal laundry exceeding 2 pieces per day; hire or purchase costs of any special equipment placed on board at the CHARTERER’s request, Domestic airfares, crew gratuities, alcoholic beverages consumed by CHARTERER and party onboard.

Payment for any extraordinary expenses such as special requirements or equipment, shoreside transport or any other expenses not customarily considered part of the Vessel’s operating costs will be required to be paid to the Captain prior disembarkation.  Payment in cash (currencies accepted on board: IDR, USD, EURO, POUNDSTERLING OR AUD), or by credit card is available prior to disembarkation, (with a surcharge of 2.5% on credit card payments). Payment by cheque is not acceptable.

CLAUSE 9.  DELAY IN DELIVERY or FAILURE TO DELIVER or CANCELLATION BY OWNER

A: If, by reason of force majeure (as defined in Clause 18 (a)), the OWNER fails to deliver the Vessel to the CHARTERER at the Place of Delivery at the commencement of the Charter Period and delivery is made within forty-eight (48) hours of the scheduled commencement date, or within one tenth (1/10th) of the Charter Period,  whichever period is the shorter, the OWNER shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed the OWNER shall allow a pro rata extension of the Charter Period.

B: If by reason of force majeure the OWNER fails to deliver the Vessel within forty-eight (48) hours or a period equivalent to one-tenth (1/10th) of the Charter Period, to the Place of Delivery, whichever period is the shorter from the due time of delivery, the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERER’s exclusive remedy(ies) will be a deferment to a later date or to receive immediate repayment without interest of the full amount of all. payments made by him under the terms of this Agreement. Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time.

C: If prior to the commencement of the Charter Period as set out in Page One of this Agreement, the OWNER tenders notice of cancellation via the Broker and if the cancellation is by reason of force majeure, the remedy in (b) above shall apply.

CLAUSE 10.  DELAY IN RE-DELIVERY

A: If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER.

B: If the CHARTERER fails to re-deliver the Vessel to the OWNER at the Place of Re-Delivery due to intentional delay or change of itinerary against the Captain’s advice, then the CHARTERER shall pay forthwith to the OWNER via the Broker Account demurrage at the daily rate plus fifty percent (50%) of the daily rate. The CHARTERER shall be liable for all operating costs as per Clause 8 and indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of deprivation of use of the Vessel or cancellation of, or delay in delivery under any subsequent Charter of the Vessel.

CLAUSE 11.  CANCELLATION BY CHARTERER & CONSEQUENCES OF NON-PAYMENT & DEFAULT OF PAYMENT OR FAILURE TO PAY

A:  Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement of the Charter Period, some or all of the Charter Fee may be retained by the OWNER determined as follows:

  • After this Agreement is signed but before the final instalment is due to be paid, the OWNER shall be entitled to retain the first instalment.
  • After any subsequent instalments are due to be paid, the OWNER shall be entitled to retain the first instalment and any subsequent instalments due.
  • If any of the instalments are due to be paid but have not been paid, then the OWNER shall have a claim against the CHARTERER for the amount so due.

B: Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any amount due under this Agreement, the OWNER reserves the right to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation.

C: Notwithstanding the OWNER’s right to receive or retain all payments referred to above, the OWNER shall be under a duty to mitigate the CHARTERER’s loss and in the event that the OWNER is able to re-let the Vessel for all or part of the Charter Period under this Agreement, the OWNER will give credit for the net amount of charter hire arising from such re-letting after deduction of all commissions and other consequential expenses arising from such re-letting. The intention is that the OWNER shall receive the same in net proceeds from any re-letting as would have been received under this Agreement had it not been cancelled or repudiated, so that the OWNER shall reimburse or forgive payments received or due from the CHARTERER only to the extent that the net proceeds from any re-letting which correspond to part or all of the Charter Period exceed the amounts which would have been received under this Agreement. The OWNER shall use his best endeavours to re-let the Vessel and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the Vessel, its reputation, its Crew or its schedule may be refused. 

D: If, prior to the date of cancellation, the Vessel has taken on provisions for the Charter, or has utilised the Delivery/Redelivery Fee as set out on Page One of this Agreement, then the CHARTERER shall pay for these expenses unless all or part can be either refunded by the supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. The Captain and OWNER shall be under a duty to mitigate these expenses where possible. 

CLAUSE 12.  BREAKDOWN OR DISABLEMENT

If after delivery the Vessel shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Vessel by the CHARTERER for a period between twelve (12) and forty-eight (48) consecutive hours or one tenth (1/10th) of the Charter Period, whichever is the shorter (and the disablement has not been brought about by any act or default of the CHARTERER) the OWNER shall make a pro rata refund of the Charter Fee for the period of the  disablement or, if mutually agreed, allow a pro rata extension of the Charter Period corresponding with the period of disablement. If the CHARTERER wishes to invoke this clause he shall give immediate notice to the Captain directly, (or via the Broker). The CHARTERER shall not be liable for extra costs relating to the immobilisation of the Vessel but will remain liable for normal expenses during the period of disablement.

In the event of the actual or constructive total loss of the Vessel or if the Vessel is disabled as aforesaid for a consecutive period of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever is shorter, the CHARTERER may terminate this Agreement by notice in writing to the OWNER via the Captain if no means of communication is available. Within two (2) working days after such termination, the Charter Fee shall be repaid by the OWNER pro rata without interest for that proportion of the Charter Period outstanding after the date and time on which the loss or disablement occurred. In the event of such termination the CHARTERER may affect re-delivery by giving up possession of the Vessel where she lies. The CHARTERER shall be entitled to recover from the OWNER the reasonable cost of returning the CHARTERER and his Guests to the Place of Re-Delivery together with reasonable accommodation expenses incurred.

Alternatively, after a consecutive period of disablement of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever the shorter, and dependent on the nature and seriousness of the disablement, by mutual agreement the

The CHARTERER may elect to remain on board for the duration of the Charter Period and the CHARTERER will then have no further or additional claim against the OWNER.

CLAUSE 13.  USE OF THE VESSEL

A: The CHARTERER shall comply, and shall ensure that the Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the OWNER. The CHARTERER shall ensure that the behaviour of the CHARTERER and his Guests shall not cause a nuisance to any person or bring the Vessel into disrepute. The Vessel is not to be used for commercial photo or film shoots of any nature, unless by written permission from the OWNER.

B: The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall be subjected to any type of harassment, sexual or otherwise, by the CHARTERER or Guests at any time during the Charter Period, unless otherwise agreed, smoking shall be restricted to the exterior areas of the Vessel designated by the Captain.

C: The Captain shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behaviour continues after this warning, the Captain shall inform the OWNER, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7. If the CHARTERER or any of the Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the Crew of the Vessel being detained, fined or imprisoned, or the Vessel being detained, arrested, seized or fined, the CHARTERER shall indemnify the OWNER against all loss, damage and expense incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement forthwith.

D: The Vessel operates a zero-tolerance policy and the possession or use of any illegal drugs or any weapons (including firearms) is strictly prohibited on board the Vessel. Failure to comply shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER, or Broker.

CLAUSE 14.  NON-ASSIGNMENT

The CHARTERER shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of the OWNER.

CLAUSE 15.  INSURANCE

A: Throughout the period of this Agreement the OWNER shall insure the Vessel with first-class insurers against all customary risks for a Vessel of her size, value, and type on cover no less than is provided under Institute Yacht Clauses 1.11.85 or other recognised terms extended to provide Permission to Charter and to cover Third Party liability, tenders, or other water-activities equipment carried by the Vessel. The insurance shall also cover War, Strikes, and Pollution and include insurance of Crew against injuries and/or Third-Party liabilities incurred during the course of their employment. The CHARTERER shall remain liable for any loss, damage or liabilities arising from any act or negligence of the CHARTERER or his Guests and not recoverable by the OWNER under his insurance.

B: All such insurances shall be on such terms and subject to such excess (deductible) as are customary for a vessel of this size, value, and type. Copies of all relevant insurance documentation shall be available on request for inspection by the CHARTERER prior to the Charter on reasonable notice to the OWNER and shall be carried on board the Vessel.

C: 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, and personal insurance for activities during the trip, as water sports activities, snorkelling, trekking, land transport to tours.

D: The CHARTERER should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement.

CLAUSE 16.  DEFINITIONS

A: FORCE MAJEURE

In this Agreement ‘force majeure’ means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER, the Crew, or the CHARTERER (including, but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, acts of terrorism, pandemic blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel, major mechanical or electrical breakdown beyond the Crew’s control and not caused by lack of maintenance and/or OWNER’s or Crew’s negligence). Crew changes and shipyard delays not attributable to the aforementioned causes do not constitute force majeure.

B: OWNER, CHARTERER AND BROKER

Throughout this Agreement, the terms OWNER, CHARTERER, Broker, and corresponding pronouns shall be construed to apply whether the OWNER, CHARTERER, or Broker is male, female, corporate, singular or plural, as the case may be.

CLAUSE 17.  SALVAGE

During the period of the Charter, the benefits, if any, from all derelicts, salvages and towages, after paying the salvage Crew’s proportion, and any hire for the relevant period and expenses, shall be shared equally between the OWNER and the CHARTERER.

CLAUSE 18.  PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNERS

All funds received by the Broker against this Agreement shall be transferred immediately upon receipt to the OWNER and then held by OWNER in a designated Account in the currency of this agreement. The first payment is due at time of signing of the agreement, the second payment is due 6 months prior to commencement of the charter period, and the final payment is due 90 days prior to commencement of the charter period.

CLAUSE 19.  COMPLAINTS

The CHARTERER shall give notice of any complaint in the first instance to the Tour Leader on board and note shall be taken of the time, date and nature of the complaint. He will report to the Captain, who shall inform the Broker and OWNER as soon as practicable. If, however, this complaint cannot be resolved on board the Vessel then the CHARTERER shall give notice to the OWNER or to the Broker within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or nonavailability of communications equipment. The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing specifying the precise nature of the complaint.

CLAUSE 20.  FORCE MAJEURE

When force majeure is invoked in relation to breakdown or disablement, the Owner will instruct the Captain or Owner’s representative Tour Leader to submit a detailed technical report, a copy of the vessel’s maintenance log, if applicable, and all relevant supporting documentation to the Charterer or Charterer’s representative.

CLAUSE 21.  ARBITRATION & LAW

Unless otherwise specified in the appropriate space on Page One of this Agreement, any dispute in connection with the interpretation and fulfilment of this Agreement shall be decided by arbitration and in accordance with the laws of Indonesia. The dispute shall be referred to a single Arbitrator to be appointed by the parties hereto.

CLAUSE 22.  NOTICES

Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by mail or courier service or by fax in the case of the OWNER, to him or to the Broker at their addresses as per this Agreement or, in the case of the CHARTERER, to his address as per this Agreement or, where appropriate, to him on board the Vessel.

CLAUSE 23. PANDEMIC PROVISION. (moved from Charter particulars)

In the event of any border closures, travel restrictions, or pandemic related events (including Covid-19) that prevent either party from being able to enter Indonesia or operate the cruise, a deferment to a later date will be mutually agreed upon.

  • Terms and Conditions

    CLAUSE 1.  AGREEMENT TO LET AND HIRE

    A: The OWNER agrees to let the Vessel to the CHARTERER and not to enter into any other Agreement for the Charter of the Vessel for the same period.

    B: The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, the Advance Provisioning Allowance if applicable, and any other agreed charges, in cleared funds, no later than the dates and to the Account specified in this Agreement.

    CLAUSE 2.  DELIVERY

    The OWNER shall at the beginning of the Charter Period deliver the Vessel to the Port of Delivery and the CHARTERER shall take delivery in full working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment as required by the Vessel’s registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER to use the Vessel as set out in Clause 13. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area.

    CLAUSE 3.  RE-DELIVERY

    The CHARTERER shall re-deliver the Vessel to the OWNER at the Place of Re-Delivery free of any debts incurred for the CHARTERER’s account during the Charter Period and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishes, re-deliver the Vessel to the Place of Redelivery and disembark prior to the end of the Charter Period but such early re-delivery shall not entitle the CHARTERER to any refund of the Charter Fee.

    CLAUSE 4.  CRUISING AREA

    A: The CHARTERER shall restrict the cruising of the Vessel to within the Cruising Area and to within regions in the Cruising Area in which the Vessel is legally permitted to Cruise. The CHARTERER shall also restrict time under way to an average of six (6) hours per day unless otherwise planned in the Addendum Itinerary, and /or unless the Captain, at his sole discretion, agrees to exceed this time.

    B: Cruise is to be operated generally in accordance with the Addendum attached as ‘Addendum - Itinerary’, provided that while every effort will be made to carry out our cruise itinerary as planned, our itineraries are subject to change at the captain’s discretion. When touring at sea, weather, currents, and even Harbour Masters don't always co-operate with our planned itinerary, which sometimes make our planned schedules challenging or even impossible to carry out.  For that reason, our written itineraries must be approached with reasonable flexibility. We reserve the right to make alterations due to circumstances beyond our control and/or other factors, in the best interests of safety and comfort for all.

    CLAUSE 5.  MAXIMUM NUMBER OF PERSONS - RESPONSIBILITY FOR CHILDREN - HEALTH OF THE CHARTERER’S PARTY

    A: The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on Board plus, at the sole discretion of the Captain, a reasonable number of visitors whilst the Vessel is securely moored in port or at anchor, or as permitted by the appropriate authority.

    B: If children are taken on board, the CHARTERER shall be fully responsible for their conduct and entertainment and no member of the crew shall be held responsible for their conduct or entertainment.

    C: The nature of a charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signature of this Agreement the CHARTERER warrants the medical fitness of all members of the CHARTERER’s Party for the voyage contemplated by this Agreement. The CHARTERER and his party undertake to have all necessary visas and vaccinations for the countries to be visited and need to inform prior to arrival about health and allergies, and alimentary requests.

    CLAUSE 6.  CREW

    A: The OWNER shall provide a Captain qualified in accordance with the Vessel’s flag state requirements and acceptable to the insurers of the Vessel. He shall also provide a suitably qualified and properly trained Crew. No member of the Crew shall carry or use any illegal drugs on board the Vessel or keep any firearms on board (other than those declared on the manifest) and the Captain and Crew shall comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement.

    B: It is understood that the Crew are entitled to a minimum amount of rest in accordance with the Vessel’s Code of Practice.

    CLAUSE 7.  CAPTAIN’S AUTHORITY AND RESPONSIBILITIES

    A: The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain shall comply with all reasonable orders given to him by the CHARTERER regarding the management, operation and movement of the Vessel, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might result in the Vessel moving to any port or place that is not safe and proper, or might result in the CHARTERER failing to re-deliver the Vessel upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of Clause 13 and/or any other clause of this Agreement. Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions in Clause 13 and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect of the same, the Captain shall inform the OWNER, the Broker and the Stakeholder, and the OWNER may terminate the Charter forthwith or instruct the Captain to return the Vessel to the Place of Re-Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his Guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain beforehand and the CHARTERER shall not be entitled to any refund of the Charter Fee.

    B: With particular regard to the use of water activities equipment, the Captain shall have the authority to exclude the CHARTERER or any or all of his Guests from use of any particular water activities equipment if they are unsafe, or behaving in an irresponsible manner, or are under the influence of alcohol, or are failing to show due concern for other persons or property when operating this equipment.

    NOTIFICATIONS BY THE CAPTAIN / TOUR LEADER                  

    The Captain/Tour Leader shall immediately notify the OWNER of any breakdowns, disablements, crew changes, accidents, or other significant incidents that occur during the Charter Period.

    CLAUSE 8.  OPERATING COSTS

    The Charter Fee includes the charter of the Vessel with all its equipment in working order; tools; stores; cleaning materials and basic consumable stores for engine room, deck, galley and cabins; laundry of ship’s linen; the crew’s wages, and any charges for waste disposal, charges for water and electricity taken from shore; uniforms and food; the insurance of the Vessel and crew as per Clause 15, Full board meals, non-alcoholic beverages, excursions, use of bath and beach towels, (limited) laundry service, use of snorkelling gear, and sea canoes, services of English speaking Tour Leader, transfer to and from the ship to airport outside of Bali.

    The CHARTERER will pay, at cost, for all other expenses. These include, but are not limited to, additional running hours only when outside the agreed itinerary and requested specifically by CHARTERER, shoreside transport; customs formalities, personal laundry exceeding 2 pieces per day; hire or purchase costs of any special equipment placed on board at the CHARTERER’s request, Domestic airfares, crew gratuities, alcoholic beverages consumed by CHARTERER and party onboard.

    Payment for any extraordinary expenses such as special requirements or equipment, shoreside transport or any other expenses not customarily considered part of the Vessel’s operating costs will be required to be paid to the Captain prior disembarkation.  Payment in cash (currencies accepted on board: IDR, USD, EURO, POUNDSTERLING OR AUD), or by credit card is available prior to disembarkation, (with a surcharge of 2.5% on credit card payments). Payment by cheque is not acceptable.

    CLAUSE 9.  DELAY IN DELIVERY or FAILURE TO DELIVER or CANCELLATION BY OWNER

    A: If, by reason of force majeure (as defined in Clause 18 (a)), the OWNER fails to deliver the Vessel to the CHARTERER at the Place of Delivery at the commencement of the Charter Period and delivery is made within forty-eight (48) hours of the scheduled commencement date, or within one tenth (1/10th) of the Charter Period,  whichever period is the shorter, the OWNER shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed the OWNER shall allow a pro rata extension of the Charter Period.

    B: If by reason of force majeure the OWNER fails to deliver the Vessel within forty-eight (48) hours or a period equivalent to one-tenth (1/10th) of the Charter Period, to the Place of Delivery, whichever period is the shorter from the due time of delivery, the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERER’s exclusive remedy(ies) will be a deferment to a later date or to receive immediate repayment without interest of the full amount of all. payments made by him under the terms of this Agreement. Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time.

    C: If prior to the commencement of the Charter Period as set out in Page One of this Agreement, the OWNER tenders notice of cancellation via the Broker and if the cancellation is by reason of force majeure, the remedy in (b) above shall apply.

    CLAUSE 10.  DELAY IN RE-DELIVERY

    A: If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER.

    B: If the CHARTERER fails to re-deliver the Vessel to the OWNER at the Place of Re-Delivery due to intentional delay or change of itinerary against the Captain’s advice, then the CHARTERER shall pay forthwith to the OWNER via the Broker Account demurrage at the daily rate plus fifty percent (50%) of the daily rate. The CHARTERER shall be liable for all operating costs as per Clause 8 and indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of deprivation of use of the Vessel or cancellation of, or delay in delivery under any subsequent Charter of the Vessel.

    CLAUSE 11.  CANCELLATION BY CHARTERER & CONSEQUENCES OF NON-PAYMENT & DEFAULT OF PAYMENT OR FAILURE TO PAY

    A:  Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement of the Charter Period, some or all of the Charter Fee may be retained by the OWNER determined as follows:

    • After this Agreement is signed but before the final instalment is due to be paid, the OWNER shall be entitled to retain the first instalment.
    • After any subsequent instalments are due to be paid, the OWNER shall be entitled to retain the first instalment and any subsequent instalments due.
    • If any of the instalments are due to be paid but have not been paid, then the OWNER shall have a claim against the CHARTERER for the amount so due.

    B: Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any amount due under this Agreement, the OWNER reserves the right to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation.

    C: Notwithstanding the OWNER’s right to receive or retain all payments referred to above, the OWNER shall be under a duty to mitigate the CHARTERER’s loss and in the event that the OWNER is able to re-let the Vessel for all or part of the Charter Period under this Agreement, the OWNER will give credit for the net amount of charter hire arising from such re-letting after deduction of all commissions and other consequential expenses arising from such re-letting. The intention is that the OWNER shall receive the same in net proceeds from any re-letting as would have been received under this Agreement had it not been cancelled or repudiated, so that the OWNER shall reimburse or forgive payments received or due from the CHARTERER only to the extent that the net proceeds from any re-letting which correspond to part or all of the Charter Period exceed the amounts which would have been received under this Agreement. The OWNER shall use his best endeavours to re-let the Vessel and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the Vessel, its reputation, its Crew or its schedule may be refused. 

    D: If, prior to the date of cancellation, the Vessel has taken on provisions for the Charter, or has utilised the Delivery/Redelivery Fee as set out on Page One of this Agreement, then the CHARTERER shall pay for these expenses unless all or part can be either refunded by the supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. The Captain and OWNER shall be under a duty to mitigate these expenses where possible. 

    CLAUSE 12.  BREAKDOWN OR DISABLEMENT

    If after delivery the Vessel shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Vessel by the CHARTERER for a period between twelve (12) and forty-eight (48) consecutive hours or one tenth (1/10th) of the Charter Period, whichever is the shorter (and the disablement has not been brought about by any act or default of the CHARTERER) the OWNER shall make a pro rata refund of the Charter Fee for the period of the  disablement or, if mutually agreed, allow a pro rata extension of the Charter Period corresponding with the period of disablement. If the CHARTERER wishes to invoke this clause he shall give immediate notice to the Captain directly, (or via the Broker). The CHARTERER shall not be liable for extra costs relating to the immobilisation of the Vessel but will remain liable for normal expenses during the period of disablement.

    In the event of the actual or constructive total loss of the Vessel or if the Vessel is disabled as aforesaid for a consecutive period of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever is shorter, the CHARTERER may terminate this Agreement by notice in writing to the OWNER via the Captain if no means of communication is available. Within two (2) working days after such termination, the Charter Fee shall be repaid by the OWNER pro rata without interest for that proportion of the Charter Period outstanding after the date and time on which the loss or disablement occurred. In the event of such termination the CHARTERER may affect re-delivery by giving up possession of the Vessel where she lies. The CHARTERER shall be entitled to recover from the OWNER the reasonable cost of returning the CHARTERER and his Guests to the Place of Re-Delivery together with reasonable accommodation expenses incurred.

    Alternatively, after a consecutive period of disablement of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever the shorter, and dependent on the nature and seriousness of the disablement, by mutual agreement the

    The CHARTERER may elect to remain on board for the duration of the Charter Period and the CHARTERER will then have no further or additional claim against the OWNER.

    CLAUSE 13.  USE OF THE VESSEL

    A: The CHARTERER shall comply, and shall ensure that the Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the OWNER. The CHARTERER shall ensure that the behaviour of the CHARTERER and his Guests shall not cause a nuisance to any person or bring the Vessel into disrepute. The Vessel is not to be used for commercial photo or film shoots of any nature, unless by written permission from the OWNER.

    B: The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall be subjected to any type of harassment, sexual or otherwise, by the CHARTERER or Guests at any time during the Charter Period, unless otherwise agreed, smoking shall be restricted to the exterior areas of the Vessel designated by the Captain.

    C: The Captain shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behaviour continues after this warning, the Captain shall inform the OWNER, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7. If the CHARTERER or any of the Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the Crew of the Vessel being detained, fined or imprisoned, or the Vessel being detained, arrested, seized or fined, the CHARTERER shall indemnify the OWNER against all loss, damage and expense incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement forthwith.

    D: The Vessel operates a zero-tolerance policy and the possession or use of any illegal drugs or any weapons (including firearms) is strictly prohibited on board the Vessel. Failure to comply shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER, or Broker.

    CLAUSE 14.  NON-ASSIGNMENT

    The CHARTERER shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of the OWNER.

    CLAUSE 15.  INSURANCE

    A: Throughout the period of this Agreement the OWNER shall insure the Vessel with first-class insurers against all customary risks for a Vessel of her size, value, and type on cover no less than is provided under Institute Yacht Clauses 1.11.85 or other recognised terms extended to provide Permission to Charter and to cover Third Party liability, tenders, or other water-activities equipment carried by the Vessel. The insurance shall also cover War, Strikes, and Pollution and include insurance of Crew against injuries and/or Third-Party liabilities incurred during the course of their employment. The CHARTERER shall remain liable for any loss, damage or liabilities arising from any act or negligence of the CHARTERER or his Guests and not recoverable by the OWNER under his insurance.

    B: All such insurances shall be on such terms and subject to such excess (deductible) as are customary for a vessel of this size, value, and type. Copies of all relevant insurance documentation shall be available on request for inspection by the CHARTERER prior to the Charter on reasonable notice to the OWNER and shall be carried on board the Vessel.

    C: 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, and personal insurance for activities during the trip, as water sports activities, snorkelling, trekking, land transport to tours.

    D: The CHARTERER should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement.

    CLAUSE 16.  DEFINITIONS

    A: FORCE MAJEURE

    In this Agreement ‘force majeure’ means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER, the Crew, or the CHARTERER (including, but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, acts of terrorism, pandemic blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel, major mechanical or electrical breakdown beyond the Crew’s control and not caused by lack of maintenance and/or OWNER’s or Crew’s negligence). Crew changes and shipyard delays not attributable to the aforementioned causes do not constitute force majeure.

    B: OWNER, CHARTERER AND BROKER

    Throughout this Agreement, the terms OWNER, CHARTERER, Broker, and corresponding pronouns shall be construed to apply whether the OWNER, CHARTERER, or Broker is male, female, corporate, singular or plural, as the case may be.

    CLAUSE 17.  SALVAGE

    During the period of the Charter, the benefits, if any, from all derelicts, salvages and towages, after paying the salvage Crew’s proportion, and any hire for the relevant period and expenses, shall be shared equally between the OWNER and the CHARTERER.

    CLAUSE 18.  PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNERS

    All funds received by the Broker against this Agreement shall be transferred immediately upon receipt to the OWNER and then held by OWNER in a designated Account in the currency of this agreement. The first payment is due at time of signing of the agreement, the second payment is due 6 months prior to commencement of the charter period, and the final payment is due 90 days prior to commencement of the charter period.

    CLAUSE 19.  COMPLAINTS

    The CHARTERER shall give notice of any complaint in the first instance to the Tour Leader on board and note shall be taken of the time, date and nature of the complaint. He will report to the Captain, who shall inform the Broker and OWNER as soon as practicable. If, however, this complaint cannot be resolved on board the Vessel then the CHARTERER shall give notice to the OWNER or to the Broker within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or nonavailability of communications equipment. The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing specifying the precise nature of the complaint.

    CLAUSE 20.  FORCE MAJEURE

    When force majeure is invoked in relation to breakdown or disablement, the Owner will instruct the Captain or Owner’s representative Tour Leader to submit a detailed technical report, a copy of the vessel’s maintenance log, if applicable, and all relevant supporting documentation to the Charterer or Charterer’s representative.

    CLAUSE 21.  ARBITRATION & LAW

    Unless otherwise specified in the appropriate space on Page One of this Agreement, any dispute in connection with the interpretation and fulfilment of this Agreement shall be decided by arbitration and in accordance with the laws of Indonesia. The dispute shall be referred to a single Arbitrator to be appointed by the parties hereto.

    CLAUSE 22.  NOTICES

    Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by mail or courier service or by fax in the case of the OWNER, to him or to the Broker at their addresses as per this Agreement or, in the case of the CHARTERER, to his address as per this Agreement or, where appropriate, to him on board the Vessel.

    CLAUSE 23. PANDEMIC PROVISION. (moved from Charter particulars)

    In the event of any border closures, travel restrictions, or pandemic related events (including Covid-19) that prevent either party from being able to enter Indonesia or operate the cruise, a deferment to a later date will be mutually agreed upon.

Do you have any questions?

Our Partners