Terms of Contract
CHARTER CONTRACT
Tromsø, xx.xx.xx
PARTIES
This Agreement is made between
A) Arctic Cruise In Norway AS, Brinkvegen 41, 9012 TROMSØ, Norway
And THE CUSTOMER
Customer data: _____________
Agent data:__________________
Contact:______________
EMBARKATION – DISEMBARKATION DATES and TIMES
Name of the Vessel:
From Date (15:00, Tromsø): xx.xx.xx To Date (10:00, Tromsø): xx.xx.xx
Location: Tromsø City Center, Floating Jetty, Scandic Ishavshotel
PRICE AND PAYMENT PLAN
Contract price: EUR xx incl VAT, Skipper: EUR xx, Totally EUR xx exl, , diesel, gas and quay fees.
Depositum: EUR 4500,- Arctic Princess/Arctic Charm.
5 days after signed contract : 30%
30 days before start of the Charter: 60%
5 days before start of the Charter: 10 %
Obligatory extras:
End cleaning : EUR 360,-
Bedclothes (per person): EUR 33,- per person
Gas per 5 kg bottle: EUR 50,-.
Additional extras:
Dingy with engine: EUR 450,-/week
Fishing gear, complett: EUR 200/week. 5 units
Gas per 11kg bootle: EUR 50,-
Bank DNB,Fredrik Langes gate 22, 9008 TROMSØ
Arctic Cruise In Norway AS, Brinkvegen 41, 9012 TROMSØ, Norway
BIC/SWIFT :DNBANOKKXXX
Account nr: 15034627093
IBAN: NO9615034627093
BOOKING
a) A security deposit EUR 4500 pr. boat must be paid by cash or bank transfer *) during embarcation. When signed contract, THE CUSTOMER accept the terms of this contract on the Company site – http://www.acinorway.com/termsofcontract.
b) Arctic Cruise In Norway AS may cancel this Agreement in case THE CUSTOMER fails to meet payment deadlines;
If bareboat, skipper licence needed to be verified by our insurance company to be able to confirm a booking 100%. We will send you a link to upload your licences.
30% must be paid latest 10 days after signed contract. 60% must be paid latest 30 days before the start of the charter. The reminding 10% must be paid latest 5 days before the start of the charter.
c) Cancellation is possible after the following rules: NOK 40 000,- will not be refunded. If a written cancellation is received by the company earlier than 5 days after 60% is paid, 50% will be refunded. If written cancellation is received within 5 days of the start of the charter, the charter must be paid in full. If customers, within 15 days of the charter, wish to re-schedule the charter for an alternative date, 50% will be used as a deposit in lieu of the new re-scheduled charter.
e) The company does not accept any booking in which the customer take weather reservations. The Company policy is “safety first” and the captain will adjust the cruise according to the weather forecasts and conditions at all time. Bad weather conditions are regarded as a “force majeure” and the company may find it necessary to amend the itinerary of the cruise to avoid such conditions. In any case the company will do its outmost to serve the customer to the best of its ability.
f) All participants must be registered in the Company’s crew list (web Form) before entering the vessel due to Company security policies.
DELIVERY
a) A) Arctic Cruise In Norway AS agrees to use its best endeavors to make the vessel in full commission and working order for delivery on the date specified in Clause 2 and for the commencement of the charter period. The vessel will be clean and ready for service with all required equipment on the delivery date. The vessel will be outfitted as appropriate for a yacht of her size, type, accommodation and cruising range and fully furnished, including china, linen, glass and cutlery.
Price does not Food and drinks
b) If for any reason A) Arctic Cruise In Norway AS fails to tender the vessel for delivery as stipulated above, the Company shall deliver a suitable alternative, and the charter period shall be extended for a period equal to the period of delay in the delivery of the charter, or, if A) Arctic Cruise Norway AS decides so at or before delivery, the Company will allow THE CUSTOMER a rebate on the charter-fee pro rata for every complete period of twenty-four hours elapsing between the due time of delivery and the time of agreed delivery.
Delay in delivery of agreed charter by A) Arctic Cruise In Norway AS shall not entitle THE CUSTOMER to any other or additional compensation of damages. Nor shall THE CUSTOMER be entitled to refuse delivery when the delay in delivery does not exceed forty-eight hours. If delivery is tendered more than forty-eight hours late, THE CUSTOMER may refuse to accept delivery by notice to the Company to terminate the charter which thereupon shall become null and void. The Company’s liability to THE CUSTOMER is restricted to repayment without interest of all advances of charter-fee and APA-allowance.
c) If THE CUSTOMER fails to, or refuses to, accept delivery within 24 hours of A) Arctic Cruise In Norway AS tendering the yacht for delivery, the Company shall have the option to give notice to THE CUSTOMER of cancellation of the booked charter, in which case 100% of the charter-fee shall be retained by Arctic Cruise In Norway AS
INSURANCE
A) Arctic Cruise In Norway AS carries a full mandatory insurance for the boat and passengers on board the vessel as defined by The Insureance, but the company declines the responsibility for any loss of life, injuries to passengers, damage to objects which the Norwegian Sea Law defines as not covered, or other losses due to break-down or discontinued operations. Furthermore the imitations laid down in the Norwegian Sea Law are also valid.
BREAKDOWN or DISABLEMENT
A) Arctic Cruise In Norway AS shall take all reasonable measures promptly to remedy any breakdown suffered by the vessel during the charter period. Should any such breakdown (other than a breakdown of the vessel’s engines) like fire, grounding or collision occur which results in the vessel being out of commission for a period of forty-eight consecutive hours or more, then (unless it is caused by any act or default of THE CUSTOMER or his guests) the charter-fee shall be reduced accordingly, or if agreed by both THE CUSTOMER and the Company, the charter period shall be extended by a period equal to the length of time the vessel was out of commission. If the vessel is lost or cannot be repaired within seventy-two hours, THE CUSTOMER shall be entitled to cancellation of the remainder of the charter whereupon A) Arctic Cruise In Norway AS shall repay THE CUSTOMER a pro rata portion of the charter-fee in respect of the unfulfilled part of the contracted charter period.
EXCLUSION of CUSTOMER’s LIABILITY
THE CUSTOMER shall under no circumstances be liability for loss, damage, death or injury that may occur onboard the vessel, or to equipment or furnishing, or any member of the crew during the charter period, unless it is caused by, or a result of an act, neglect or default of THE CUSTOMER and/or his guests, or by any other members of his party, in which case THE CUSTOMER shall be liable to make good such loss or damage; compensate the injured crewman, or the dead crewman’s dependants, or indemnify A) Arctic Cruise In Norway AS in respect hereof.
“FORCE MAJEURE”
Notwithstanding any other terms herein, A) Arctic Cruise In Norway AS shall not be liable for any loss, damage, death or injury arising or resulting from any act of nature, weather, act of war, pirates, thieves, seizure under legal process, strike, lock-out, riot, civil unrest, perils or dangers of the seas, accidents of navigation or fire that are caused of circumstances beyond the control of A) Arctic Cruise In Norway AS.
USE of the YACHT
a) THE CUSTOMER agrees that the vessel shall be employed exclusively as pleasure vessel during the charter period, and shall not transport any merchandise or passengers not specified in the vessel’s manifest.
b) The captain will, with regard to safety of vessel and occupants, comply with all lawful requests from THE CUSTOMER regarding the management, operation and movement of the yacht, wind, weather and other circumstances permitting. Provided that the captain doesn’t decide that such compliance will or might:
i) put the vessel in peril or strain her hull or engines, or
ii) render her liable to arrest, seizure, detention, or
iii) interfere with the due redelivery of the vessel upon expiration of the charter period
iV) Always read and understand userguide and practical information before sailing: https://www.acinorway.com/userguidelagoon
The Skipper (When Skipper service is Included) is the sole authority responsible of navigation and command of the vessel at all times!
c) THE CUSTOMER shall not use the vessel for any purpose, or in any manner contrary to international law or contrary to the law applicable in any territorial waters in which the vessel may be maneuvering in, and shall not use the vessel for any purpose or in any manner which may render the vessel liable to be seized or taken in to arrest. The vessel shall not enter any port or waters where hostilities are in progress or where a blockade is established. THE CUSTOMER shall, and make sure that his guests also will, comply with the laws and regulations of any country or territory whose waters the vessel enters. If THE CUSTOMER or his guests commit any unlawful act or any other criminal offence which results in the captain or any member of the crew being detained, fined or imprisoned, or the vessel being arrested or seized, THE CUSTOMER shall compensate A) Arctic Cruise In Norway AS for all losses, damages and expenses incurred by the act, and A) Arctic Cruise In Norway AS may as a result terminate the charter forthwith.
d) Neither THE CUSTOMER nor his guests shall bring or keep, or allow to be brought on board the vessel, any animal or pets of any description.
e) Neither THE CUSTOMER nor his guests shall bring on board the vessel any firearms, weapons, narcotics of any sort or any other hazardous material not allowed in country or territorial waters in which the vessel may be cruising.
PASSANGERS
All passangers | crews shall be registrated in our Passangers list before contract is effectuated | Sailing starts
Passangers | Crewlist: https://podio.com/webforms/6882095/530977
Maps:
It is Skipper's responsibility that there are paper maps on board for the planned sailing area before the voyage starts. Maps can be purchased at a local bookstore in Tromsø., Norli Bokhuset: www.norli.no / +47 776 83 036 / bokhuset.tromso@norli.no / Storgata 86, 9253 Tromsø (PO Box 295, 9253 Tromsø). The digital map on the vessel navigation system is only as support for paper maps as the only valid! The skipper must also ensure that the paper maps for the sailing area have the latest endorsements. We recommend that Skipper also uses updated digital maps downloaded on Smartphone or PAD (Ex. Boating from Navionics) Overview of map sheets: https://www.kartverket.no/til-sjos/kart/hovedseriekart
DISEMBARKATION
THE CUSTOMER agrees to disembark the vessel at the disembarkation point indicated at Clause 2 at the expiry of the charter period.
In case of late disembarkation, a sum equal to twice the daily rate of charterhire will be charged.
SUB-CHARTERING
THE CUSTOMER is not allowed to sub-charter the vessel or otherwise engage in financial agreements which include the vessel and/or its crew without the written consent of A) Arctic Cruise International AS. If such consent are given from the Company, THE CUSTOMER shall, unless otherwise agreed, remain the primarily responsible for the safety and obligations of the vessel and crew, and will consequently also be economical responsible for any damage to the vessel, injury or death of crew, and damages to third parties or their property.
NOTICES
Smoking is generally not allowed on board, but the captain may decide to allow limited smoking in the outside areas of the deck or on the fly bridge. Shoes with stiletto heels and shoes with black sole are not allowed to be used on board the vessel.
CREW GRATUITY
Crew gratuity are not included, and a 10 % gratitude may be paid if the CUSTOMER finds the standard and service of the crew are satisfactory. However, if the CUSTOMER has received exceptional good service and attention he may deem a higher gratuity. The gratuity should be handed to the Captain to be distributed to all crewmembers.
16.ARBITRATION & LAW
Any dispute in connection with the interpretation and fulfillment of this Agreement shall be decided by arbitration in Tromsø and in accordance with Norwegian law. The dispute shall be referred to a single Arbitrator to be appointed by the parties hereto. If the parties cannot agree upon the appointment of a single Arbitrator, the dispute shall be settled by three Arbitrators, each party appointing one Arbitrator, the third being appointed by the local Norwegian courts. Appointment of Arbitrators, or substitution of Arbitrators who are not available, shall be made within two (2) weeks of written notice by the parties. The award rendered by the Arbitration shall be final and binding upon both parties and may if necessary be enforced by the Court or any other competent authority in the same manner as a judgment in the High Court.
HARBOUR DUES and TAXES
All taxes, harbour dues and other expenses accrued in connection with the charter shall be paid by THE CUSTOMER.
*) In the case of bank transfer, the deposit is refunded minus any transfer costs and may differ due to course developments