Contrat de location - bateau avec équipage
Crewed Yacht charter agreement - Specific Conditions
Bestelbon /Bon de Commande Ref. : . . . . . . . . . . . .
Place : Brussels Date : . . . . . . . . . . . .
__________________________________________________________
CHARTEREE (OWNER or OWNER's REPRESENTATIVE):
CHARTERER: [Client]
BROKER / charter agency: Sail & Sun Cruises , Rue Emile Bouilliot str. 36, B – 1050 Brussels .
YACHT TYPE: . . . . . . . . . . . ,
LENGTH: . . . . . . . meter
NUMBER OF GUESTS: Maximum . . . .
YACHT NAME: . . . . . . . . . . . . . .
CREW : Captain + . . .
CHARTER PERIOD: From . . . . . . . . . at . . . . . . h to . . . . . . . . . . . . at . . . . . . h local time
CHARTER FEE: . . . . . . . . . , 00 €
BELGIAN VAT: . . . . . . . . . , 00 € (2,73 %)
TOTAL FEE : . . . . . . . . . . . , 00 €
CONDITIONS: [CT/ EMT/ WMT]
(CT) The Charter Fee includes the use of the yacht and services provided by her crew, fuel, mooring fees, food provisioning, standard table wines and on board water sports equipment except scuba diving.
(EMT) The Charter Fee includes the use of the yacht and services provided by her crew, fuel for an average of 4 hours cruising per day, mooring fees, use of on board water sports equipment except scuba diving.
(WMT) The Charter Fee includes the use of the yacht and services provided by her crew, mooring fees, provisions, standard table wines and on board water sports equipment except scuba diving
OTHER COSTS or OPTIONS:
Advance Provisioning Allowance : . . . . . . , 00 €
Delivery fee of the yacht . . . . . . .. . . . . , 00 €
Transfer from airport . . . . . . . . . . . . . . , 00 €
Return transfer to airport . . . . . . . . . . . , 00 €
Cancellation insurance . . . . . . . . . . . . . , 00 €
________________________________
Total : . . . . . . . . . . . . . . . . . . . . . . . . , 00 €
Of which . . . . . . . . . . . . . . . . . . . . . . . , 00 € shall be paid in advance
and . . . . . . . . . . . . . . . . . . . . . . . . . . , 00 € shall be paid upon arrival.
PAYMENT CONDITIONS:
DOWNPAYMENT upon signing this agreement: [TOTAL / 2]
The balance shall be paid 4 weeks before embarkation.
CRUISING AREA:
PLACE OF DEPARTURE: marina
PLACE OF ARRIVAL : marina
The General Conditions of Yacht Charter are a consistent part of this Yacht Charter Agreement and their acceptance is certified by the signatures. This contract has been executed in minimum two copies, one retained by charteree and one by charterer.
Charterer/Charteree: Charteree:
Yacht charter agreement - General Conditions
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AGREEMENT TO LET AND HIRE: The Charteree agrees to let the Yacht to the Charterer and not to enter any other Agreement for the Charter of the Yacht for the same period. The Charterer agrees to hire the Yacht, and shall pay the Charter Fee, and any other agreed charges, in cleared funds, on or before the dates and the account specified in this Agreement.
DELIVERY: The Charteree agrees to deliver the Yacht at the Port of Delivery in full commission and in proper working order, clean, in good condition throughout and ready for service, with full equipment, inclusive of that required by law for a vessel of similar size and type, together with the Crew listed above, and agrees to allow demurrage pro rata to the Charterer for any delay in delivery , provided however, should it be impracticable for the Charteree to make delivery as stipulated through causes beyond his control, and should such delivery not be made within 48 hours thereafter, then this Agreement may be voided by the Charterer and any charter money paid in advance shall be retuned to Charterer. The Charteree does not warrant to the Charterer comfort in all instances, such as inclement weather conditions within the Cruising Area.
RE-DELIVERY: The Charterer shall re-deliver the Yacht, her equipment and furnishings, to the Charteree at the Port of Re-Delivery free and clear of any indebtedness 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 Yacht to the Port of Re-Delivery 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. Charterer agrees to be responsible for and agrees to replace or make good any damage to the Yacht, her fumishings or equipment caused by Charterer or by any party within its charge or any guests. Should the Charterer not make re-delivery of the Yacht at the time and place stipulated, Charterer shall pay demurrage pro rata to the Charteree for the time that such delivery is delayed plus any losses that may be sustained by Charteree, including, but not limited to, any such delay resulting in the Charteree not being able to enter into, or satisfy, yacht charter agreements with other charterers.
INSURANCE: The Charteree represents that the Yacht is insured against fire, marine and collision risks, and with protection and indemnity coverage for the term of the Charter Period, and the Charterer shall thereby be relieved of liability for such loss or damage in the case of any accident or disaster, except for such accidents which are the result of the Charterer's actions, failure to act, or defaults, or negligence, or those guests of the Charterer which may be responsible for such loss or damage, for which Charterer shall be liable, and the Charterer shall give the Charteree or Captain prompt notice of same. Said policies of insurance are to be maintained by Charteree. Charteree shall be responsible for all losses in relation to the Yacht as set forth herein regardless of whether Charteree maintains insurance for the same. The Charterer shall carry independent insurance for personal effects whilst on board or ashore and for any medical or accident expenses other than as covered under the Yacht's insurance, and neither Charteree or Stakeholder shall be liable for such accidents.
In addition, the Charterer recognizes and agrees that the Charteree and his insurance underwriters accept no responsibility for accidents, injuries or death due to swimming or the use of snorkels, masks or allied equipment such as SCUBA equipment, whether or not it is supplied by Charteree or Charterer, or any other incidents for which the Charteree does not acknowledge responsibility herein. None of the vessel, its Charteree, the Stakeholder or the Broker are liable for any bodily injury or death related to water skiing, spinnaker flying, halyard flying or the use of the vessel's dinghy or outboard motor, or any other incidents outside the scope of customary liability imputed to such parties under applicable law. The Charterer agrees to indemnify and hold harmless the Charteree or Stakeholder for any costs, penalties, or charges incurred by Charteree or Stakeholder in connection with the same.
It is recommended that the Charterer have adequate travel insurance for possible cancellation or to cover unforeseen circumstances, such as interruption, curtailment or travel delays. There will be no refund should any of the above occur and should be claimed on travel insurance. It is recommended that the Charterer obtain adequate travel insurance to cover the full Charter Fee.
ACCIDENT: The Charteree agrees that should the Yacht after delivery sustain breakdown of machinery or be disabled or damaged by fire, grounding, collision or other causes so as to prevent the reasonable use of the Yacht by the Charterer for a period of not less than or forty-eight (48) consecutive hours at any one time, the same not being brought about by any act, failure to act, or default of the Charterer or its guests, the Charteree shall make a pro rata return of the Charter Fee to the Charterer of such period in excess of the said or forty-eight( 48) hours the Yacht shall be disabled or unfit for use. In the event that the loss or damage to the Yacht is so extensive that the Yacht cannot be or is not reparable within 48 hours, the same not being brought about by any act, failure to act, or default of the Charterer or its guests, then the Charter Fee sha11 be rebated pro rata from the time of such damage, and the Charterer shall have the right to terminate this Agreement.
RESTRICTED USE:
A. The Charterer agrees that the Yacht shall be employed exclusively as a pleasure vessel and not for sub- charter or any other business and shall not transport merchandise or carry passengers for pay, or engage in any trade nor in any way violate the revenue or other laws of the United States and France, or any government within the jurisdiction of which the Yacht might be at any time, and shall comply with the laws in a}} other respects.
B. The Charterer agrees to prohibit the use or possession of any illegal drugs aboard the charter vessel and will be absolutely responsible for any loss or damage to the boat due to any violations of customs or applicable drug laws within the appropriate jurisdictions to which the Yacht is subject. The penalty for discovery of illegal drugs and controlled substances other than by prescription on board the vessel may suffer confiscation and forfeiture of the vessel even if the presence of such substances is unknown to the crew. Therefore, if such substances are used by or found to be in the possession of the Charterer, or any guests, they will be put ashore and, at the option of the Charteree, this Agreement shall be terminated without refund of Charter Fee. The Charterer agrees to indemnify and hold harmless the Charteree, or any related party thereto, from any and all costs, expenses, penalties or liabilities associated with the use of illegal substances during the Charter Period that should have been known to the Charterer. Charterer shall NOT be entitled to a refund of its Charter Fees, in the event that the Charteree terminates this Agreement due to the use of illegal substances by Charterer or its guests.
C. The Charterer shall no at any time during the Charter Period permit more than the maximum allowed number of guests and sleeping guests on board (as per the specific conditions of this agreement) while the Yacht is cruising, and, in the event the Yacht is in port and moored, in the sole discretion of the Captain, a reasonable number of visitors. 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 safekeeping, conduct or entertainment. 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 its party undertake to have all necessary visas and vaccinations for the countries to be visited. The Charteree and Stakeholder shall have no duty to advise the Charterer and its guests of any health or other hazards in connection with the visitation by the Charterer and its guests of any countries.
AUTHORITY: The Captain is competent, not only coast wise, but in deep-sea navigation. The Captain shall handle clearance and the normal running of the Yacht. The Captain shall receive orders from the Charterer as to ports to be caned at and the general course of the voyage, but the Captain shall be responsible for the safe navigation of the Yacht, and the Charterer and its guests shall abide by his judgment as to sailing, weather, anchorage's and pertinent matters. A hostess and a chief shall assist the Captain as may be appropriate. The Captain shall not, however, be bound to comply with any order which, in the reasonable opinion of the Captain, might result in the Yacht moving to any port or place that is not safe and proper for the Yacht to be in, or might result in the Charterer failing to re-deliver the Yacht upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of any provision of this Agreement. Any breach of the provisions of this Agreement known to the Captain shall be reported to the Charteree, and the Charteree may terminate this Agreement and instruct the Captain to return the Yacht to the Port of Re- Delivery , and require the Charterer and its guests to disembark. The Charterer shall have settled an outstanding amounts with the Captain prior to disembarkation and the Charterer shall not be entitled to any refund of the Charter Fee.
The Charterer shall restrict the cruising of the Yacht to within the Cruising Area
CANCELLATION BY CHARTEREE DUE TO FORCE MAJEURE: If prior to the commencement of the Charter Period the Charteree tenders notice of cancellation via the Stakeholder, the Broker, or its agent, and if the cancellation is by reason of Force Majeure (as hereinafter defined) the following remedies will apply:
If by reason of Force Majeure the Charteree fails to deliver the Yacht within or forty-eight ( 48) hours of the Charter Period, the Charterer shall be entitled to treat this Agreement as terminated. The Charterer's exclusive remedy will be to receive repayment without interest of the full amount of payments made by him to the Charteree or Stakeholder, less any costs actually incurred by Charteree or Stakeholder in connection with delivery of same .Alternatively, if the parties mutually agree, the Charter Period shall be extended by the time equivalent to the delay.
If the Charteree fails to deliver the Yacht at the Port of Delivery at the commencement of the Charter Period other than by reason of Force Majeure, the Charterer shall be entitled to treat this Agreement as repudiated by the Charteree. The Charterer will be entitled to repayn1ent without interest of the full amount of all payments made by him to the Charteree or the Stakeholder.
NON-ASSIGNMENT: The Charterer shall not assign this Agreement, sub-let the Yacht, or part with control of the Yacht without the prior written consent of the Charteree, which consent shall be in the Charteree's sole and absolute discretion"
DEFAULTS & CANCELLATION: Should the Charterer give notice of cancellation of this Agreement on or at any time before commencement of the Charter Period but subsequent to the execution of this Agreement by the Charterer, the Charterer shall remain liable for all payments made to date up to and including the date of cancellation. Should the Charterer give notice of cancellation, or should the Charterer fail after having been given notice to pay any amount payable under this Agreement, the Charteree shall be entitled to treat this Agreement as having been repudiated by the Charterer and to retain the full amount of all payments made by the Charterer, and to recaver any other amounts due to the breach under applicable law. It is further agreed that, in such an event, the Charterer shall pay the broker full commission due on the full charter.
RE-LET: Without prejudice to the Charteree's remedies elsewhere in this Agreement, if the Charteree is able to re-let the Yacht to another Charterer for all or part of the Charter Period then the Charteree or the Broker/Stakeholder on his behalf shall refund to the Charterer such net balance as is due to the Charterer after re-letting, less costs and expenses incurred by Charteree in connection with the same. The Charterer agrees that in the event the re-let fails to adequately compensate the Charteree with the amount which Charteree would have received had this Agreement been fulfilled, Charterer shall pay the amount which represent the difference between the new re-let contract and this contract, plus ordinary and customary expenses. The Charteree shall use reasonable efforts to re-let the Yacht and shall not unreasonably withhold any Agreement to re-let.
If the Charteree must cancel for any reason other than those stated herein, the deposit paid shall be refunded in full by Charteree to Charterer. It is further agreed that, in such event, the Charteree shall pay the Broker the full commission on the full charter amount.
DEFINITION OF 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 Charteree or the Charterer including, but not limited to, strikes, lock-outs, or other labour disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, major mechanical or electric breakdown beyond the crew's control and not caused by Charteree's negligence. In the case of storms, the Charteree may cancel this Agreement when the National Weather Service, or similarly recognized service, issues a tropical storm, or more severe, warning.
ADDITIONAL CONDITIONS: The Charter Fee quoted always includes the hire and insurance of the Yacht, described herein, the crew wages and the yacht's laundry. Other costs like meals, all running expenses use of water sports equipment aboard are can be included if specified in the Specific conditions of this Agreement. The Charter Fee, however, always excludes transfers to and from airports, all fine wines and champagnes, special requests, communications fees and charges, land excursions, repositioning fees as applicable, and additional costs in connection with guests of the Charterer.
ADVANCE PROVISIONING ALLOWANCE : An advance payment to cover those costs is generally asked for and specified in the Specific Charter Agreement. Prior to disembarkation, the Captain shall present to the Charterer a statement of charges with as many supporting receipts as practicable, and the Charterer shall pay to the Captain, in cash, the balance of the expenses. Unless specific alternative arrangements have been made in writing, in advance, all payments of operating costs, etc. shall be payable in cash in the same currency as the Charter Fee. Payment by check, credit card or other negotiable instrument is not normally acceptable due to the itinerant nature of the Yacht's seasonal schedule and the Charterer should therefore ensure that it is carrying sufficient cash to cover all reasonably foreseeable expenses or arrange to deposit additional funds with the Stakeholder or Broker.
From time to time, the Yacht may pass in to jurisdictions, which require additional value added tax, or similar tax. In this event, the Charterer shall be solely responsible for payment of this surcharge.
Crew gratuity is not included in the Charter Fee and is usually calculated at 10- 15% of the full charter rate.
COMPETENCY: Any dispute arising from or in connection with this Agreement that cannot be solved through peaceful negociation between the parties, shall be referred to three arbitrators: one to be chosen by the Charteree or Stakeholder, the second to be chosen by the Charterer, and the third to be chosen by the initial two so chosen. The decision in writing signed by any two of said arbitrators shall be binding upon both Charteree or Stakeholder and Charterer, and the expenses in connection with such arbitration to be equally divided between the Charteree and the Charterer . The arbitration shall follow the national jurisdiction of the charteree's residence.
BROKERAGE: The Charteree and Charterer recognize Sail & Sun Cruises as sole agent in connection with this Agreement, and Charteree agrees to pay said Agent customary and usual brokerage fees prevailing at the place of charter. It is further understood that the function of the booking agent or broker is solely that of arranging the charter, and agent/broker is in no way responsible for actions of Charterer or Captain/Crew under this Agreement. The Broker in this Agreement shall have no responsibility for any losses, damage or injury to the person or property of the Charteree or Charterer or any of their guests. Further, the Broker shall be under no liability for any errors of judgment or description or otherwise of whatsoever nature and howsoever arisen and shall be under no further obligation, duty or responsibility to the Charteree or the Charterer save as set out herein. The Charteree and Charterer shall jointly and severally indemnify and hold harmless the Broker for any loss or damage sustained by them as a result of any liability by the Broker to any Third Party (person, firm, company or authority) arising from promoting or introducing this charter, assisting in the performance of this Agreement or performing their duties as stakeholder. In the event of this Agreement being executed on behalf of either party by the Broker, the Broker shall neither be entitled to sue nor be liable to be sued upon the contract.
NOTICE: Any notice given or required to be given by any party to this Agreement shall be communicated in any reasonable 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 facsimile with proof of transmission and, in the case of the Charterer, to the Charteree, Broker or the Stakeholder at their respective addresses specified above.
The Charteree and the Charterer unconditionally agree to the terms and conditions of this Yacht Charter Agreement and any other agreements and understanding shall be superseded by this Agreement, together with any special conditions or addendum as may be attached hereto or specified herein, or incorporated herein by reference. It is understood that signed facsimile copies of this Agreement are legal and binding, and this Agreement may be executed in counterparts, each of which when taken together as a whole shall constitute one legally binding Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands.
Please initial:
CHARTEREE: . . . . . . . . . . . . . . . .DATE . . . . . . . . .
CHARTERER: . . . . . . . . . . . . . . . .DATE . . . . . . . . .
WITNESS: . . . . . . . . . . . . . . . . . DATE . . . . . . . . .
WITNESS: . . . . . . . . . . . . . . . . . DATE . . . . . . . . .
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Contrat de location - bareboat
Bareboat charter agreement - Specific Conditions
Bestelbon /Bon de Commande Ref. : . . . . . . . . . . . .
Place : Brussels Date : . . . . . . . . . . . .
_________________________________________________________________________
CHARTEREE: . . . . . . . . . .
CHARTERER: . . . . . . . . . . . (client)
BROKER / charter agency: Sail & Sun Cruises , Rue Emile Bouilliot str. 36, B – 1050 Brussels .
YACHT TYPE AND NAME: . . . . . . . . . . . ( cabins) – as described in our recent offer.
CHARTER PERIOD: From . . . . . . . . . . at . . .00 h to . . . . . . . at . . .00 h local time
RENTAL FEE: . . . . ., 00 €
BELGIAN VAT: . . ., 00 € (2,73 %)
TOTAL FEE : . . . . ., 00 €
PAYMENT CONDITIONS: 50% payment shall be made this date,
Balance shall be paid 4 weeks before embarkation.
DEPOSIT: 0.000,00 EUR shall be paid upon embarkation (cash deposit, check
or preferably by credit card Visa, Mastercard, American Express).
OTHER COSTS or OPTIONS:
Transit log : . . . . . . . . . . , 00 €
Local taxes : . . . . . . . . . ., 00 €
End cleaning : . . . . . . . . ., 00 €
Outboard engine: . . . . .. . , 00 €
Spinnaker : . . . . . . . . . . ., 00 €
Skipper : . . . . . . . . . . . . , 00 €
Hostess : . . . . . . . . . . . . , 00 €
Bed linen : . . . . . . . . . . . , 00 €
Towels : . . . . . . . . . . . . . , 00 €
Airport transfer : . . . . . . . , 00 €
Return transfer : . . . . . . . , 00 €
Cancellation insurance : . . , 00 €
Security Insurance: . . . . . , 00 €
________________________________
Of which shall be paid in advance: . . . . . , 00 €
and shall be paid upon arrival: . . . . . . . . , 00 €
PLACE OF DEPARTURE: marina
PLACE OF ARRIVAL : marina
CREW: The charterer, or the skipper that he elects, hereby declares that he has all the nautical skills and the necessary licence for the yacht navigation in the open sea.
SKIPPER: Name and first name :
DOCUMENTS : The charterer is obliged to present to charteree, a photocopy of yacht navigation permission, together with names, addresses, dates of the birth and passport numbers of the all crew members.
The general charter conditions are a consistent part of this Bareboat Charter Agreement and their acceptance is certified by the signatures. This contract has been executed in two copies, one retained by charteree and one by charterer.
Charterer: Charteree:
Bareboat charter agreement - General Conditions
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RENTAL FEE: Rental fee includes: yacht dues for its usage in the period of time stated in the contract. Rental fee does not include: petrol expenses, tourist taxes and a mooring place out of domicile marina.The yacht shall be given at charterer's disposal clean, in working order and with full fuel and water reservoirs, and in the same conditions should be returned.
HAND-OVER AND ACCEPTANCE: The charteree is obliged to hand-over the yacht in the time and the place as agreed, in working order. If there is any reason for charteree to not fulfil above mentioned conditions charterer has right to ask for money return, for the days he has not used the yacht. If the charteree is not able to provide the yacht from the charter party in 24 hours or replace with the new one, or same quality, size and the number of beds, charterer has right to breach the contract and claims on payment. The charterer has no right to obtain any other compensation. Before the yacht taking-over the charterer has to check if the yacht is in working order and to check the inventory quoted on the inventory list. Any possible complains should be made until the start of navigation. On hand-over inventory quoted on the inventory list should be checked again to see if the yacht and the equipment are in working order. The charterer is obliged to return the vessel roughly cleaned and tidied without the crew and their personal luggage at least until the time specified by this Charter-party, including the physical take-over lasting for an hour. Therefore, it is recommended to return the vessel in the marina the night before the Charter-party termination date. If the returning of the yacht is latter that stated in this Charter-party, the charterer has following costs:
- for the delay of up to three hours - one day rental fee
- for the delay of more than three hours - three time days rental fee plus all other expenses.
Delay can't be justified by bad weather conditions.
DEPOSIT: Deposit shall be paid upon embarkation in cash, cheques, credit cards/AMEX,DC,EC-MC/, and it is paid back (whole amount), on the return of the yacht. Yacht should be returned on time in specified place, in working order with all inventory quoted in the inventory list. Lost inventory or any damage will be paid from deposit.
INSURANCE: The yacht is insured against damages from third parties. It also has full (CASCO) insurance, which includes marine risk (full insurance) collision, responsibility to passengers and the bathers, and salvage yacht body charges. If there is a damage which happened during the sailing, the charterer is obliged to inform the charteree and the insurance company immediately; on contrary the charterer is to pay all the cost himself. Insurance covers all the damages by franchise caused by weather or from other natural disasters, but not the damages made on purpose. Costs of damages made on purpose are not limited by deposit: all expenses caused by damage made on purpose must be paid.
Damages to the sails and lost of dinghy shall be paid by charterer.
CHARTERER'S LIABILITY: Charterer is obliged to pay all charges for failures made himself, for which charteree has criminal and financial responsibility. Charterer is responsible for yacht taking away by foreign state authorities because of illegal actions. In the case of damage or accident charterer is obliged to write down a suitable report and to inform harbour master, police, doctors and the charteree in the event of the missing the yacht, detention of vessel or navigation ban by third parties or foreign government institutions. The charterer is obliged to check daily oil level in the engine. The damage caused with the above mentioned action is not insured and the charterer has to pay for damage by himself.
CHARTERER'S OBLIGATION: The charterer is obliged to take care of the yacht and navigate it carefully and according to the rules of a good navigator; he shall navigate within border sailing area; the yacht shall not be given rented to any third party or used under the storm weather during the night or used for the night fishing. The charterer will not take a place in the races. The charterer is obliged to keep a log book.
A CHARTER CANCELLATION: If the charterer for any reason cannot start charter the charterer can find a new charterer himself (with previous acceptance of charteree). If the charterer is not able to find another charterer, charteree keeps:
- 50% of rental fee for cancellation a month before the charter starting date
- 100% of rental fee for cancellation less than one month.
If the cancellation is due to facts beyond charteree's will (strike, war, governemental decision, Act of God like epidemia or hurricane) the accepted deposit shall not be paid back, but the charteree may decide to give the yacht to the charterer for another free period of time or within another season.
COMPETENCY: Any dispute arising from or in connection with this Contract will be solved by peaceful agreement, and eventual unsolved cases which cannot be solved peacefully, shall be under court's jurisdiction in the charteree's residence.
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