# Charter contract



## alex_sauvage (Aug 31, 2012)

I am planning to charter a boat in Greece and one paragraph in "Charter agreement" attracted my attention:

Itinerary: 



To plan and to carry out the yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the yacht must be returned to the owner (Turn-Around Point) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the yacht’s port of call shall lie at a distance not greater than forty (40) N.M. from the point at which the yacht is to be returned to the owner.


I understand what they are trying to achieve (insure that you don't go too far that you will be late to return), but it will inconvenience us a great deal since we are planning to spend a few days in the marina of origin (to do some sightseeing) and it will leave us almost no time to reach "Turn-Around-Point". 
Is that a fair common clause in charter contract or something rather unusual?


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## Faster (Sep 13, 2005)

Too late to change the time and book a hotel for the few days of sightseeing???


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## Jiminri (Aug 26, 2012)

Could you do your sightseeing from the marina of origin at the end of the trip, instead of the beginning?


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## sony2000 (Jan 30, 2013)

Nothing is written in stone. Write in the destination port by 2/3 of rental, and initial it. It they accept, they initial it. And Bobs is your oncle.


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## alex_sauvage (Aug 31, 2012)

Thanks guys!
I would rather not sleep on board, but it seems almost impossible to charter a boat for anything rather than whole week(s). Adding sight-seeing will extend our trip beyond reasonable. And considering jet-lag, I would rather be sight-seeing jetlaged than sailing. But it is an option. I might try changing timing in the contract as have been suggested and see how it will go. 
I am just curious if somebody seen that clause before?


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## chucklesR (Sep 17, 2007)

It's a normal clause. 

Check what your insurance covers too - most policies only cover topsides i.e. if you run aground it's on your nickel.


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## alex_sauvage (Aug 31, 2012)

chucklesR said:


> It's a normal clause.
> 
> Check what your insurance covers too - most policies only cover topsides i.e. if you run aground it's on your nickel.


You as in total boat insurance (presumably provided by the charter company) or insurance on deductible?


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## johnnyquest37 (Feb 16, 2012)

I've not see anything like that before - not that I've chartered extensively. Every charter that I have done, I just had to get the boat back to the marina by a certain time. They left it up to me to figure out how to do that.


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## chucklesR (Sep 17, 2007)

You as in the charter policy (may) only cover damage to topsides - i.e. running around and dropping stuff. 
Damage below the water line might not be covered at all. I've seen it both ways.


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## alex_sauvage (Aug 31, 2012)

chucklesR said:


> You as in the charter policy (may) only cover damage to topsides - i.e. running around and dropping stuff.
> Damage below the water line might not be covered at all. I've seen it both ways.


This is very good point. So this how it looks:

Owner has: "to insure the Yacht and her equipment against fire, marine and collision risks and third party damage and against any and all loss or damage in excess of 2.000€
and the charterer shall therefore be relieved of any and all liability which is covered by the said Policy, provided that such loss or damage is not caused or contributed to
by any act of cross negligence or willful default on his part. 
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So I guess it depends what constitutes "act of cross negligence or willful default". I am curious how you read it?


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## alex_sauvage (Aug 31, 2012)

*Update on Charter contract*

Well, I have searched the Net carefully, and it seems that this clause (Point of return reached in 1/3 of the charter period) is indeed a standard one at least in this area of Greece (Saronic Gulf). Every contract form I was able to find on line from charter companies in that region have this clause.
Just want to let people who are planning to charter boat in Greece know that they have to plan accordingly. Not sure how enforceable this clause is in the best case scenario, but it seems to be tided up with the boat insurance. So if you break that clause and something happens with the boat, the boat insurance is void and everything is on your dime. That can be an expensive proposition


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## Silvio (Nov 10, 2010)

sony2000 said:


> Nothing is written in stone. Write in the destination port by 2/3 of rental, and initial it. It they accept, they initial it. And Bobs is your oncle.


You reminded me of my favorite law school professor who would cross out the disclaimers on the back of his airline tickets, knowing that the ticketing clerk would not look or care what he did. He said that something to argue in court is better than than nothing to go in with.


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## JimMcGee (Jun 23, 2005)

chucklesR said:


> It's a normal clause.
> 
> Check what your insurance covers too - most policies only cover topsides i.e. if you run aground it's on your nickel.


That's an interesting point. I'm wondering if there's a rider I can get through BoatUS for charter coverage.

If offered I imagine it would have a lot to do with where you're chartering.


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