Viewing page 103 of 171

This transcription has been completed. Contact us with corrections.

The Owner having exercised all reasonable care in the selection of the Master and crew shall not be responsible for any injury suffered by the Charterer or his party either in person or property by reason of the negligence of the Master or of any other person or persons employed by the owner either on or about the Yacht.

Insurance. 

4. The Owner agrees to keep the Yacht fully insured against Fire, Marine and Collision risks, and with Protection and Indemnity coverage, for the term of this Charter, the policy to be held by him as full protection for any and all loss or damage that may occur to, or by, the Yacht during the Charter period, and the Charterer shall thereby be relieved of any and all liability for such loss or damage; and in the case of any accident or disaster the Charterer shall give the Owner or his representative [[typewritten]]V.E.B. Nicholson & Sons[[/typewritten]] prompt notice of same.

But should the Owner fail to, or elect not to, carry such insurance he shall then assume the same responsibility as if the Yacht were so insured.

Accidents.

5. The Owner agrees that should the Yacht after delivery sustain breakdown of machinery or be disabled or damaged by fire, grounding, collision or other cause so as to prevent the use of the vessel by the Charterer for a period of not less than forty-eight consecutive hours at any time, the same not being brought about by any act or default of the Charterer, the Owner shall make a pro rata return of hire to the Charterer for such period in excess of the said forty-eight hours the Yacht shall be disabled or unfit for use.

Provided, however, that in case the Yacht be lost or said damage be so extensive that the Yacht cannot be or is not repaired within [[typewritten]]THREE[[/typewritten]] days, then the charter price shall be abated pro rata and the charter money paid in advance shall be rebated pro rata from the time of such damage, and the Charterer shall have the right to terminate this charter.

Running Expenses.

6. The Charterer agrees to accept the Yacht delivered as hereinbefore provided, and to pay all running expenses during the term of charter, except, crews wages, including food of crew, fuel and water, deck, engine room and other consumable stores, pilotage, port charges, and provisions and supplies for himself and party.

Navigation Limits.

7. The Charterer agrees to restrict the cruising of the Yacht to the following waters: [[typewritten]]Virgin Islands, Leeward & Windward Islands, between St. Thomas, St. Croix and Trinidad. including Barbados and Tobago.[[/typewritten]]

Replacements. 

8. The Charterer agrees to be responsible for, and to replace or make good any injury to the Yacht, her equipment or furnishings, caused personally by himself or any of his party, but not if caused by any of the crew, and if not collectable under the Owners Insurance.

The Charterer further agrees to leave all linen, napery, etc. relaundered and in good condition, fair wear and tear excepted, upon expiration of the Charter term.

Re-delivery. 

9. The Charterer agrees to surrender the Yacht at the expiration of this charter at [[typewritten]]St. Thomas. St Croix.[[/typewritten]] free and clear of any indebtedness that may have been incurred for his account during the term of charter, and in as good condition as when delivery was taken, fair wear and tear from ordinary use and any loss or damage that he shall not be liable to make good excepted.

But should it be impossible for the Charterer to make re-delivery of the Yacht as stipulated, [[typewritten]]unless[[/typewritten]] due to causes beyond his control, he shall pay demurrage pro rata to the Owner for the time that such re-delivery is delayed.

Restricted Use.

10. The Charterer agrees that the Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests, servants etc, during the term of this charter and shall not transport merchandise, or carry passengers for pay, or engage in any trade nor in any way violate the laws, or Customs, Immigration, Harbour or Government regulations of any Government within the jurisdiction of which the Yacht may be at any time, and shall comply with the law in all other respects.

Non-Assignment. 

11. The Charterer agrees not to assign this Agreement or sub-charter the Yacht without the consent of the Owner in writing.

Defaults.

12. It is mutually agreed that should any instalment of charter money be not paid on the date designated, or within three days thereafter the Owner