Common use of USE OF THE YACHT Clause in Contracts

USE OF THE YACHT. a) THE CHARTERER agrees that the yacht shall be employed exclusively as pleasure vessel during the charter period, and shall not transport merchandise or carry passengers for pay or engage in any trade; b) The THE CHARTERER shall comply with all lawful orders given by THE AGENT regarding the management, operation and movement of the yacht, wind, weather and other circumstances permitting, The navigation of the yacht shall be within the sole control & capacity of THE CHARTERER and as such is responsible for ensuring for the duration of the charter hire period that they do not: i) put the yacht in peril or strain her hull or engines, or ii) render her liable to arrest, seizure, detention or forfeiture, or iii) interfere with the due redelivery of the yacht upon expiration of the charter period; c) THE CHARTERER shall not use the yacht for any purpose or in any manner contrary to international law or contrary to the law applicable at any place at which the yacht may from time to time be or in any territorial waters in which the yacht may from time to time be cruising and shall not use the yacht for any purpose or in any manner which may render the yacht liable to be stopped, seized or arrested. The yacht shall not enter any place or any waters where hostilities are in progress or where a blockade is established. THE CHARTERER shall comply, and shall ensure that THE CHARTERER’s guests comply with the laws and regulations of any country whose waters the yacht enters. If THE CHARTERER or THE CHARTERER’s guests shall commit any offence contrary to the laws and regulations of any country which results in the captain or any member of the crew of the yacht being detained, fined or imprisoned, or in the detention arrest or seizure of the yacht. THE CHARTERER shall indemnify THE AGENT against all loss, damage and expense incurred by THE AGENT as a result, and THE AGENT may, by notice to THE CHARTERER, terminate the charter hire forthwith. d) Neither THE CHARTERER nor THE CHARTERER’s guests shall bring or keep or allow to be brought on board of the yacht any animal or pet of any description; e) Neither THE CHARTERER nor THE CHARTERER’S guests shall bring on board the yacht or be caused to be brought on board the yacht any firearms, weapons or narcotics of any sort, nor any other item contrary to the laws and regulations applicable to any country or territorial waters in which the yacht may be cruising, nor any other hazardous thing; f) Cruising time shall be limited to daytime hours only with the exception of where a charterer is able to provide recognised IRC qualifications which include a night sailing endorsement.

Appears in 2 contracts

Sources: Yacht Charter Agreement, Yacht Charter Agreement

USE OF THE YACHT. a) THE The CHARTERER agrees shall use the Yacht exclusively as a pleasure vessel for the use of himself and his Guests. The CHARTERER is not entitled to bring pets or other animals on board the Yacht. The CHARTERER shall ensure that the yacht shall be employed exclusively as pleasure vessel during the charter period, behaviour of himself and his Guests shall not transport merchandise cause a nuisance to any person or carry passengers for pay or engage in any trade; b) The THE CHARTERER shall comply with all lawful orders given by THE AGENT regarding bring the management, operation and movement of the yacht, wind, weather and other circumstances permitting, The navigation of the yacht shall be within the sole control & capacity of THE CHARTERER and as such is responsible for ensuring for the duration of the charter hire period that they do not: i) put the yacht in peril or strain her hull or engines, or ii) render her liable to arrest, seizure, detention or forfeiture, or iii) interfere with the due redelivery of the yacht upon expiration of the charter period; c) THE CHARTERER shall not use the yacht for any purpose or in any manner contrary to international law or contrary to the law applicable at any place at which the yacht may from time to time be or in any territorial waters in which the yacht may from time to time be cruising and shall not use the yacht for any purpose or in any manner which may render the yacht liable to be stopped, seized or arrestedYacht into disrepute. The yacht shall not enter any place or any waters where hostilities are in progress or where a blockade is established. THE CHARTERER shall comply, and shall ensure that THE CHARTERER’s guests comply his Guests comply, with local sensitivities as well as the laws and regulations of any country into whose waters the yacht entersYacht shall enter during the course of this Agreement. The CHARTERER shall ensure that any merchandise which he may bring aboard the Yacht, or may be brought aboard the Yacht during the Charter, have been cleared by the Customs of the relevant countries before being taken ashore later. In any case, the OWNER does not bear any responsibility for such goods and merchandise if the CHARTERER has to pay custom duties on any of his and his guests’ merchandise and goods at any point during the Charter. 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 or his BOOKING AGENT, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7 of this Agreement If THE the CHARTERER or THE CHARTERER’s guests any of his Guests shall commit any offence contrary to the laws and regulations of any country which results in the captain or any member of the crew of the yacht Yacht being detained, fined or imprisoned, or in the detention arrest Yacht being detained, arrested, seized or seizure of fined, the yacht. THE CHARTERER shall indemnify THE AGENT the OWNER against all loss, damage and expense incurred by THE AGENT the OWNER as a result, and THE AGENT the OWNER may, by notice to THE the CHARTERER, terminate this Agreement forthwith and reserve the charter hire forthwith. d) Neither THE CHARTERER nor THE rights to seek compensatory damages from the CHARTERER’s guests shall bring . It is also specifically understood that the possession or keep or allow to be brought on board of the yacht any animal or pet use of any description; eillegal drugs or any weapons (including particularly firearms) Neither THE CHARTERER nor THE CHARTERER’S guests shall bring on board the yacht or be caused to be brought on board the yacht any firearms, weapons or narcotics of any sort, nor any other item contrary to the laws and regulations applicable to any country or territorial waters in which the yacht may be cruising, nor any other hazardous thing; f) Cruising time shall be limited sufficient reason for the OWNER to daytime hours only with terminate the exception of where a charterer is able to provide recognised IRC qualifications which include a night sailing endorsementCharter forthwith without refund or recourse against the OWNER.

Appears in 1 contract

Sources: Charter Agreement

USE OF THE YACHT. a) THE The CHARTERER agrees shall use the Yacht exclusively as a pleasure vessel for the use of himself and his Guests. The CHARTERER will not sublet the vessel. The vessel will under no circumstances be used for any commercial purposes. The CHARTERER shall ensure that no pets or other animals are bought on board the Yacht without the consent in writing of CHARTER YACHTS PHUKET CO. LTD. The CHARTERER shall ensure that the yacht shall be employed exclusively as pleasure vessel during the charter period, behavior of himself and his guests shall not transport merchandise cause a nuisance to any person or carry passengers for pay or engage in any trade; b) bring the Yacht into disrepute SMOKING IS EXPRESSIVELY FORBIDDEN IN ANY INTERIOR SPACE ON BOARD THE YACHT. The THE CHARTERER shall comply with all lawful orders given by THE AGENT regarding the management, operation and movement of the yacht, wind, weather and other circumstances permitting, The navigation of the yacht shall be within the sole control & capacity of THE CHARTERER and as such is responsible for ensuring for the duration of the charter hire period that they do not: i) put the yacht in peril or strain her hull or engines, or ii) render her liable to arrest, seizure, detention or forfeiture, or iii) interfere with the due redelivery of the yacht upon expiration of the charter period; c) THE CHARTERER shall not use the yacht for any purpose or in any manner contrary to international law or contrary to the law applicable at any place at which the yacht may from time to time be or in any territorial waters in which the yacht may from time to time be cruising and shall not use the yacht for any purpose or in any manner which may render the yacht liable to be stopped, seized or arrested. The yacht shall not enter any place or any waters where hostilities are in progress or where a blockade is established. THE CHARTERER shall comply, and shall ensure that THE CHARTERER’s guests his Guests comply with the laws and regulations of any country into whose waters the yacht enters. If THE CHARTERER or THE CHARTERER’s guests shall commit any offence contrary to Yacht may enter during the laws course of this Agreement and regulations of any country which results in with the captain or any member orders of the Captain and crew of the Yacht at all times. The CHARTERER and his guests shall follow all safety advice and instruction given by the crew in regard to operation of the yacht and its equipment. The CHARTERER will be solely responsible for the care, safety and behavior of children aboard. The CHARTERER shall ensure that any bonded stores or other merchandise which may already be on board the Yacht or may be brought aboard the Yacht through the course of the Charter are cleared through customs before being detained, fined taken ashore. It is also specifically understood that the possessions or imprisoned, use of any illegal drugs or in the detention arrest or seizure of any weapons (including particularly firearms) is not permitted on the yacht. THE CHARTERER Failure to comply with these conditions shall indemnify THE AGENT against all loss, damage and expense incurred by THE AGENT as a result, and THE AGENT may, by notice be sufficient reason for CHARTER YACHTS PHUKET CO. LTD. to THE CHARTERER, terminate the charter hire forthwith. d) Neither THE Charter forthwith without any recourse by the CHARTERER nor THE CHARTERER’s guests shall bring or keep or allow to be brought on board of the yacht any animal or pet against CHARTER YACHTS PHUKET CO. LTD. Discovery of any description; e) Neither THE CHARTERER nor THE CHARTERER’S guests contraband items shall bring on board be reported by the yacht or be caused to be brought on board the yacht any firearms, weapons or narcotics of any sort, nor any other item contrary crew to the laws and regulations applicable to any country or territorial waters in which the yacht may be cruising, nor any other hazardous thing; f) Cruising time shall be limited to daytime hours only with the exception of where a charterer is able to provide recognised IRC qualifications which include a night sailing endorsementappropriate authorities.

Appears in 1 contract

Sources: Charter Agreement

USE OF THE YACHT. a) THE The CHARTERER agrees shall use the Yacht exclusively as a pleasure vessel for the use of himself and his Guests. The CHARTERER shall ensure that no pets or other animals are brought on board the Yacht without the consent in writing of the OWNER. The CHARTERER shall ensure that the yacht shall be employed exclusively as pleasure vessel during the charter period, behavior of himself and his Guests shall not transport merchandise cause a nuisance to any person or carry passengers for pay or engage in any trade; b) The THE CHARTERER shall comply with all lawful orders given by THE AGENT regarding bring the management, operation and movement of the yacht, wind, weather and other circumstances permitting, The navigation of the yacht shall be within the sole control & capacity of THE CHARTERER and as such is responsible for ensuring for the duration of the charter hire period that they do not: i) put the yacht in peril or strain her hull or engines, or ii) render her liable to arrest, seizure, detention or forfeiture, or iii) interfere with the due redelivery of the yacht upon expiration of the charter period; c) THE CHARTERER shall not use the yacht for any purpose or in any manner contrary to international law or contrary to the law applicable at any place at which the yacht may from time to time be or in any territorial waters in which the yacht may from time to time be cruising and shall not use the yacht for any purpose or in any manner which may render the yacht liable to be stopped, seized or arrestedYacht into disrepute. The yacht shall not enter any place or any waters where hostilities are in progress or where a blockade is established. THE CHARTERER shall comply, and shall ensure that THE CHARTERER’s guests comply his Guests comply, with the laws and regulations of any country into whose waters the yacht entersYacht shall enter during the course of this Agreement. The CHARTERER shall ensure that any bonded stores or other merchandise which may already be aboard the Yacht, or may be brought aboard the Yacht during the Charter, are cleared through Customs before being taken ashore, if required by the laws and regulations. The Skipper shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behavior continues after this warning, the Skipper shall inform the OWNER or his BROKER, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7 of this Agreement. b) If THE the CHARTERER or THE CHARTERER’s guests any of his Guests shall commit any offence contrary to the laws and regulations of any country which results in the captain or any member of the crew of the yacht Yacht being detained, fined or imprisoned, or in the detention arrest Yacht being detained, arrested, seized or seizure of fined the yacht. THE CHARTERER shall indemnify THE AGENT the OWNER against all loss, damage and expense incurred by THE AGENT the OWNER as a result, and THE AGENT the OWNER may, by notice to THE the CHARTERER, terminate this Agreement forthwith. It is also specifically understood that the charter hire forthwith. d) Neither THE CHARTERER nor THE CHARTERER’s guests shall bring possession or keep or allow to be brought on board of the yacht any animal or pet use of any description; eillegal drugs or any weapons (including particularly firearms) Neither THE CHARTERER nor THE CHARTERER’S guests shall bring on board the yacht or be caused to be brought on board the yacht any firearms, weapons or narcotics of any sort, nor any other item contrary to the laws and regulations applicable to any country or territorial waters in which the yacht may be cruising, nor any other hazardous thing; f) Cruising time shall be limited sufficient reason for the OWNER to daytime hours only with terminate the exception of where a charterer is able to provide recognised IRC qualifications which include a night sailing endorsementCharter forthwith without refund or recourse against the OWNER.

Appears in 1 contract

Sources: Charter Agreement

USE OF THE YACHT. a) THE The CHARTERER agrees shall use the Yacht exclusively as a pleasure vessel for the use of himself and his Guests. The CHARTERER shall ensure that no pets or other animals are brought on board the Yacht without the consent in writing of the OWNER. The CHARTERER shall ensure that the yacht shall be employed exclusively as pleasure vessel during the charter period, behavior of himself and his Guests shall not transport merchandise cause a nuisance to any person or carry passengers for pay or engage in any trade; b) The THE CHARTERER shall comply with all lawful orders given by THE AGENT regarding bring the management, operation and movement of the yacht, wind, weather and other circumstances permitting, The navigation of the yacht shall be within the sole control & capacity of THE CHARTERER and as such is responsible for ensuring for the duration of the charter hire period that they do not: i) put the yacht in peril or strain her hull or engines, or ii) render her liable to arrest, seizure, detention or forfeiture, or iii) interfere with the due redelivery of the yacht upon expiration of the charter period; c) THE CHARTERER shall not use the yacht for any purpose or in any manner contrary to international law or contrary to the law applicable at any place at which the yacht may from time to time be or in any territorial waters in which the yacht may from time to time be cruising and shall not use the yacht for any purpose or in any manner which may render the yacht liable to be stopped, seized or arrestedYacht into disrepute. The yacht shall not enter any place or any waters where hostilities are in progress or where a blockade is established. THE CHARTERER shall comply, and shall ensure that THE CHARTERER’s guests comply his Guests comply, with the laws and regulations of any country into whose waters the yacht entersYacht shall enter during the course of this Agreement. The CHARTERER shall ensure that any bonded stores or other merchandise which may already be aboard the Yacht, or may be brought aboard the Yacht during the Charter, are cleared through Customs before being taken ashore, if required by the laws and regulations. The Captain shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behavior continues after this warning, the Captain shall inform the OWNER or his BROKER, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7 of this Agreement. b) If THE the CHARTERER or THE CHARTERER’s guests any of his Guests shall commit any offence contrary to the laws and regulations of any country which results in the captain or any member of the crew of the yacht Yacht being detained, fined or imprisoned, or in the detention arrest Yacht being detained, arrested, seized or seizure of fined the yacht. THE CHARTERER shall indemnify THE AGENT the OWNER against all loss, damage and expense incurred by THE AGENT the OWNER as a result, and THE AGENT the OWNER may, by notice to THE the CHARTERER, terminate this Agreement forthwith. It is also specifically understood that the charter hire forthwithpossession or use of any illegal drugs or any weapons (including particularly firearms) shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER. dc) Neither THE CHARTERER nor THE CHARTERER’s guests shall bring or keep or allow The yacht has to be brought on board in re-position not more than 25miles from the port of re-delivery the last 24 hours of the yacht any animal or pet of any description; e) Neither THE CHARTERER nor THE CHARTERER’S guests shall bring on board the yacht or be caused to be brought on board the yacht any firearms, weapons or narcotics of any sort, nor any other item contrary to the laws and regulations applicable to any country or territorial waters in which the yacht may be cruising, nor any other hazardous thing; f) Cruising time shall be limited to daytime hours only with the exception of where a charterer is able to provide recognised IRC qualifications which include a night sailing endorsementCharter period.

Appears in 1 contract

Sources: Yacht Charter Agreement