1. Charter and Payment

1.1 Charter Agreement

The Owner shall let and the Charterer shall hire the Yacht for the duration of the Charter Period, subject to the terms and conditions contained herein.

1.2 Deposit

The Charterer shall pay the deposit stated in Part A of this Agreement within three (3) working days from signing. Upon receipt of the deposit, the Owner shall confirm payment and shall not enter into another charter agreement for the same Charter Period.

1.3 Balance Payment

If the balance is paid by bank transfer, it must be received no later than three (3) working days prior to the boarding date.
If paid by other means, the balance must be paid upon boarding and before the commencement of the Charter.

1.4 Non-Payment

If the balance is not paid as stated above, the Owner may terminate the Charter and retain the deposit as pre-liquidated damages, without judicial review or abatement and without prejudice to any other rights.

1.5 Additional Services

Where the Owner agrees to provide food, drinks, catering, entertainment, decorations, or other additional services at the Charterer’s request, full payment must be made prior to commencement of the Charter.
If the cost exceeds the deposit, the Owner may require full advance payment upon confirmation of purchase.

2. Owner’s Obligations

2.1 Condition of the Yacht

At the commencement of the Charter Period, the Owner shall deliver the skippered Yacht in a seaworthy, clean condition and in compliance with Maltese laws.

2.2 Failure to Deliver

If the Yacht cannot be delivered as agreed (subject to Clause 2.3), the Owner may:

• Provide an adequate alternative Yacht within three (3) hours, or

• Refund the deposit and any sums paid, with no further liability for loss or damages

2.3 Events Beyond Control

The Owner shall not be liable for non-performance caused by events beyond control, including weather conditions, sailing restrictions, or mechanical failure. In such cases, the deposit and any sums paid shall be refunded.

2.4 Delayed Delivery

If delivery is delayed for reasons other than a Relevant Event, the Owner’s maximum liability shall be limited to 50% of the Charter Fee.

2.5 Authority of the Skipper

The Captain/Skipper has full authority over navigation and management of the Yacht. Safety of passengers, crew, and vessel is the overriding priority.

2.6 Safety Decisions

The Captain/Skipper may:

• Restrict routes or cruising limits

• Stop or divert the Charter

• Refuse boarding or order disembarkation when required for safety

2.7 No Compensation

Any decisions made under Clauses 2.5 and 2.6 do not entitle the Charterer to compensation or refunds.

3. Insurance and Limitation of Liability

3.1 Insurance

The Yacht, equipment, Skipper, and Crew are insured under Institute Yacht Clauses or equivalent, including third-party coverage of not less than €10,000,000.

3.2 Indemnity

The Charterer shall indemnify the Owner for any loss, damage, injury, or death arising from acts or omissions of the Charterer or guests.

3.3 Limitation of Liability

The Owner is not liable for injury or death unless caused by gross negligence or wilful misconduct, and liability is limited to the insured amount.

3.4 Insurance Restrictions

The Charterer must not act in a way that prejudices the Yacht’s insurance or navigates outside permitted cruising limits.

3.5 Maintenance

The Owner and Skipper are responsible for maintaining the Yacht and equipment in working order.

3.6 Breakdown or Damage

If a breakdown renders the Yacht unusable for more than four (4) hours:

• A pro-rata credit may apply

• No additional compensation is payable unless caused by gross negligence

3.7 Alternative Solutions

The Owner may, at discretion, offer an alternative solution.

3.8 Travel Insurance

The Charterer is advised to obtain travel cancellation insurance.

4. Charterer’s Obligations

The Charterer agrees to:

• Follow Skipper decisions and cruising limits

• Accept delivery within two (2) hours of Charter start

• Disclose medical conditions, allergies, or sea sickness in advance

• Pay for additional services listed in Part A

• Not sub-charter the Yacht without written consent

• Follow all safety instructions and laws

• Limit guest numbers to certified capacity

• Use onboard facilities responsibly

• Prohibit pets without written consent

• Avoid excessive alcohol and all illegal substances

• Redeliver the Yacht in original condition (fair wear and tear excepted)

• Accept penalties for misuse of toilets (minimum €100)

• Ensure minors are accompanied and wear safety jackets

Smoking is prohibited onboard except in designated outdoor areas.

Failure to report issues within two (2) hours of commencement constitutes acceptance of seaworthy delivery.

5. Notice of Termination and Withdrawal

5.1 Notices

All notices must be made in writing or by email as stated in Part A.

5.2 Cancellation by Charterer

• 30+ days before charter: full deposit refund

• 15–29 days: 50% deposit refund

• Less than 7 days: no refund

5.3 Outstanding Payments

If sums remain unpaid, the Owner may terminate the Agreement and retain payments as pre-liquidated damages.

6. Special Covenants

• The Skipper may refuse to sail with intoxicated persons

• Boarding may be refused until symptoms subside

• No compensation applies in such cases

• Damage caused under influence remains the Charterer’s liability

7. Miscellaneous

• This Agreement represents the entire agreement between the parties

• No waiver applies unless explicitly stated

• Invalid clauses do not affect remaining provisions

• Notices may be sent by email and are deemed received the same day

• This Agreement may be executed in counterparts

• Gender and singular/plural references are interchangeable

8. Governing Law and Jurisdiction

This Agreement is governed by Maltese law.
The Courts of Malta have exclusive jurisdiction over any disputes arising from this Agreement.