AÏTO CHARTER
GENERAL TERMS AND CONDITIONS OF BAREBOAT CHARTER
Article 1 – Purpose of the Agreement
This Charter Agreement governs the rental of a vessel without crew ("Bareboat Charter").
The identity of the Charter Company ("Aïto Charter"), the Charterer, the Vessel, the Charter Period, and any Special Conditions are specified in the Charter Confirmation and Booking Agreement.
By signing the Booking Agreement and/or making payment of the charter fees, the Charterer acknowledges having read, understood, and accepted these General Terms and Conditions in their entirety.
Article 2 – Charter Fees and Payment Terms
The charter fee shall be payable as follows:
- 50% of the total charter price upon confirmation of the booking;
- The remaining 50% balance no later than the day preceding departure.
Failure to pay the balance within the prescribed time may result in cancellation of the booking by Aïto Charter without refund of amounts already paid.
Additional services, optional equipment, transfers, provisioning, fuel, marina fees, or other charges not included in the charter price shall be payable according to the terms specified in the booking confirmation.
Article 3 – Vessel Delivery and Acceptance
The Vessel shall only be delivered to the Charterer once the following conditions have been fulfilled:
- Full payment of the charter fee and all selected options;
- Payment of the Security Deposit;
- Submission of the names and contact details of all persons embarking on the Vessel.
Aïto Charter reserves the right to verify the competence of the Charterer and/or any designated skipper regarding sailing, navigation, seamanship, and vessel handling.
Such verification may include practical manoeuvres and sea trials.
Should Aïto Charter reasonably determine that the Charterer lacks the required competence to safely operate the Vessel, Aïto Charter may:
a) Cancel the Charter Agreement and retain the charter fees already paid; or
b) Require the Charterer to engage a professional skipper, subject to availability and at the Charterer's sole expense.
The decision of Aïto Charter concerning the Charterer's competence shall be final.
Article 4 – Obligations of Aïto Charter
Aïto Charter undertakes to provide the Charterer with a seaworthy Vessel, properly maintained, equipped, and compliant with all applicable maritime laws and safety regulations in force at the commencement of the charter.
Prior to departure, Aïto Charter shall provide:
- A complete inventory;
- Safety instructions;
- Vessel familiarisation and operational briefing;
- All mandatory ship's documentation.
The Charterer shall be entitled to use the Vessel from the moment the handover procedure has been completed and all required documentation has been delivered.
Unless otherwise specified, marina berth fees at the home base are included only for the first and final days of the charter period.
Article 5 – Obligations of the Charterer
The Charterer shall thoroughly inspect the Vessel, its equipment, inventory, safety gear, machinery and systems prior to departure.
Acceptance of the Vessel constitutes acknowledgement that the Vessel has been delivered in satisfactory condition.
From the time of delivery until formal redelivery, the Charterer assumes full legal responsibility for:
- The Vessel;
- All passengers and guests onboard;
- Damage caused to third parties;
- Compliance with all applicable maritime regulations.
The Charterer agrees to:
- Operate the Vessel prudently and in accordance with good seamanship practices;
- Use the Vessel exclusively for recreational purposes;
- Refrain from commercial operations, passenger transport, professional fishing, towing, racing, or any unlawful activity;
- Comply with all customs, immigration, fishing and environmental regulations;
- Maintain the Vessel in good condition throughout the charter period.
The Charterer shall not exceed the maximum number of persons authorised by the Vessel's certification and safety equipment.
The Charterer shall maintain an accurate logbook recording:
- Daily positions;
- Weather conditions;
- Ports visited;
- Crew changes;
- Engine hours;
- Any incident affecting the Vessel.
Weather and Navigation Restrictions
The Charterer shall not depart or remain at sea if:
- A weather warning (BMS) has been issued;
- Winds exceed Beaufort Force 6 or such conditions are forecast;
- Port authorities prohibit navigation;
- The Vessel has sustained damage affecting seaworthiness;
- Essential safety equipment is not operational;
- Fuel reserves are insufficient;
- Weather or sea conditions present a risk to the Vessel or passengers.
The Charterer agrees to follow all routing and safety instructions issued by Aïto Charter.
Charter Area Limitation
Unless specifically authorised in writing by Aïto Charter, charters of less than fifteen (15) days shall not navigate beyond a radius of 250 nautical miles from the departure base.
Sub-Charter Prohibition
The Charterer shall not assign, lend, sub-charter, or otherwise transfer possession of the Vessel to any third party.
Vessel Redelivery
The Vessel shall be returned:
- To the agreed location;
- On the agreed date and time;
- In a clean and seaworthy condition;
- With all equipment and inventory accounted for.
Late return penalties shall apply as follows:
- 1 to 3 hours: 15,000 XPF per commenced hour;
- More than 3 hours: 50% of the daily charter rate;
- More than 5 hours: 100% of the daily charter rate;
- More than 24 hours: 150% of the daily charter rate per day commenced.