The term Charterer were used in this document refers to the Skipper and all members of the Charter Party.
1. DELIVERY OF YACHT
Kingston Sailing Charters (hereinafter referred to as KSC), agrees to deliver the Yacht at the Collins Bay Marina, fully commissioned, fueled, clean and in all respects fit for service. The Charterer shall inspect the yacht, including equipment and systems, condition and supplies provided by KSC, and, by removing the Yacht from the home dock in Kingston Ontario, his/her will be charged with the responsibility of skipper of the vessel. In the event the vessel breaks down during the charter period, which renders the yacht inoperable, KSC will endeavor to make repairs as soon as possible or provide compensation for lost time based on the daily charter rate, above and beyond a 4 hour grace period.
1.1 KSC must be satisfied that the Charterer is competent to skipper the Yacht before the charter period begins. If the charterer is not competent, in the sole opinion of KSC, the Charterer may have the use of the Yacht at the dock only. No refund of charter fees will be made.
1.2 Should it be impossible for KSC to make delivery of the yacht at the time provided by this Agreement through causes beyond its control, and should such delivery be made within twenty-four hours thereafter, then the Charterer shall be entitled to:
a) pro-rata reduction in the charter fee, including the twenty-four hour loss period or
b) as an alternative, and if the boat is available , an extension of the charter period to equal the time lost in delay.
1.3 Should it be impossible for KSC to make delivery of the Yacht or a satisfactory substitute thereof, within twenty-four hours after the time of the commencement of the charter period, this agreement may be cancelled by KSC or the Charterer and any money paid in advance by the charterer will be returned to him/her. KSC and the charterer shall have no further liability whatever.
Should the Charterer for any reason cancel this Agreement or not accept delivery of the Yacht prior to 30 days of departure, the stated BOOKING DEPOSIT on the Charter Invoice, shall be payable to KSC.
Should the Charterer for any reason cancel this Agreement or not accept delivery of the Yacht less than 30 days of departure, then the stated FINAL TOTAL on the Charter Invoice, shall be payable to KSC.
However, KSC will endeavour to obtain a substitute charterer for the charter period and, if successful, will apply a refund to the Charterer, any amounts obtained from such substitute in respect of such period, less 20% the FINAL TOTAL on the Charter Invoice, which will be retained as a service charge.
KSC shall ensure the Yacht, at its own expense, against collision, fire, theft, and other risks normally insured under standard marine coverage. This coverage shall NOT extend to any personal injury, bodily injury, death or property damage to the Charterer or any member of the charter party, or any other passengers aboard the Yacht. In the event that any wilful act or omission of the Charterer nullifies any insurance provided herein, the Charterer shall pay to KSC all losses, and indemnify KSC against all claims and demands, which would otherwise have been covered by such insurance.
4. OPERATING EXPENSES
At the beginning of the charter, KSC will provide full fresh water tanks, ice, adequate diesel fuel and propane. The Charterer agrees to pay all costs of operating the Yacht, including all provisioning, waste pump out, and dockage fees, if any, during the charter.
5. HOLD HARMLESS AGREEMENT
A) In consideration of the terms of this agreement, the Charterer(s) on his/her/their behalf of the members of their family/families and other members of their party and/or crew, agree that participation in this charter shall be entirely at my/our risk and responsibility and I/we voluntarily waive my/our rights of action against the owner(s) and/or charter brokers and/or the vessel that this charter is governed by the following wording:
B) The Charterer(s) are aware of the inherent risks and agree to waive any and all claims against Kingston Sailing Charters for any bodily injury, death or property damage.
6. NIGHT SAILING
The Charterer agrees that the Yacht will not be sailed or operated before sunrise or after sunset.
7. RETURN OF YACHT
The Charterer agrees to return the Yacht to its berth at Collins Bay Marina at the expiration of the Charter Period. Upon surrender, the Yacht, with all gear aboard, shall be clean and in same good condition as upon departure, normal wear and tear from ordinary use excepted. The Charterer is responsible for the waste pump out and diesel fuel tank top up, prior to returning the boat to the dock. The Charter is responsible for allowing sufficient time to permit the return of the Yacht at the required time.
8. RESTRICTED USE
The Charterer agrees that during the term of the charter the Yacht shall be used exclusively as a pleasure vessel for the sole and proper use of the Charter Party and shall not be used to transport merchandise or to carry passengers for hire or to engage in any trade and the Charterer will in no way violate the laws of Canada or the United States.
8.1 The possession, use or transportation of illegal drugs aboard the Yacht is specifically forbidden.
8.2 The laws of Canada and the USA contain stringent penalties which could include seizure or embargo of the Yacht. The Charterer and every member of the Charter Party shall be jointly and severally liable for all fines and penalties, (including seizure of the Yacht), as a result of the possession or use of illegal drugs or substances. This liability shall include consequential damages such as loss of services of the Yacht and physical damages to the yacht as well as legal costs incurred.
The Charterer agrees not to assign this agreement without the prior written consent of KSC.
The Charterer is deemed to act upon behalf of all members of the Charter Party in entering into this Agreement. The terms of this Agreement pertain to the delivery of the yacht to the Charterer and shall apply for the entire period of the charter and thereafter, where applicable. It is agreed that any dispute between Charterer and KSC which may arise with respect to this Agreement, if not informally settled to the satisfaction of the parties, shall be settled in the accordance with the laws of the Province of Ontario.