104' Luxury Super Yacht in Kemah with Jacuzzi - Private Charters in Galveston

• Subject to the Captain's approval, the Charterer is allowed to board the vessel up to 15 minutes prior to the scheduled charter time. For safety reasons, the Charterer and guests are not permitted to board the vessel more than 15 minutes early unless prior written consent has been obtained. If the Charterer is late or decides to remain at the dock waiting for other guests, or for any other reason at the Charterer's discretion, such actions are permissible; however, the scheduled return time to the dock will remain as specified in this agreement. • Smoking is not permitted inside the yacht. • Infants and children are the responsibility of an adult member of the charter party and must remain under their supervision at all times during the charter period. • The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall be subjected to any type of harassment, sexual or otherwise, by the CHARTERER or Guests at any time during the Charter Period. • Absolutely no weapons or illegal drugs are permitted aboard the vessel. • Cancellation by Captain: The CAPTAIN reserves the right to cancel the charter at any time if the CHARTERER or any of the Guests are found to be in possession of illegal drugs, behaving disrespectfully toward the crew, causing damage to the yacht, or creating any situation that is deemed unsafe for the guests or crew. In the event of such cancellation, the CHARTERER will lose any remaining time left on the charter, with no credit or reimbursement owed to the CHARTERER. --------------------------------------------------------------------------------------------------------   CLAUSE 1          AGREEMENT TO LET AND HIRE A)          The OWNER agrees to let the Vessel to the CHARTERER and not to enter into any other Agreement for the Charter of the Vessel for the same period. B)          The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, the Security Deposit and any other agreed charges, in cleared funds, no later than the charter start date and to the Account specified in this Agreement. CLAUSE 2          DELIVERY The OWNER, shall at the beginning of the Charter Period deliver the Vessel free of encumbrance to the Place of Delivery in compliance with its flag state requirements and the CHARTERER shall take delivery in full commission and working order. The Vessel shall be insured, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and life­ saving equipment (including life-jackets for children if any are carried in the CHARTERER's Party), as required by the Vessel's registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER to use the Vessel. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area. CLAUSE 3          RESPONSIBILITY FOR CHILDREN - HEALTH OF THE CHARTERER'S PARTY a)          The Charterer is responsible for confirming with their guests any medical or religious dietary restrictions regarding the provision of certain foods during the charter. The Charterer must notify the Broker in writing at least 14 days prior to the charter or, if this agreement is executed within the 14-day period, at the time of execution. A verbal confirmation of these restrictions must also be communicated upon boarding the vessel. b)          If children are taken on board, the CHARTERER shall be fully responsible for their conduct and entertainment and no member of the crew shall be held responsible for their conduct or entertainment. CLAUSE 4           CREW a)          The OWNER shall provide a Captain qualified in accordance with the Vessel's flag state requirements and acceptable to the insurers of the Vessel. He shall also provide a suitably qualified and properly trained Crew. No member of the Crew shall carry or use any illegal drugs on board the Vessel or keep any firearms on board (other than those declared on the manifest) and the Captain and Crew shall comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. b)          It is understood that the Crew are entitled to an amount of rest in accordance with the Vessel's Code of Practice, which includes the Maritime Labor Convention (MLC) 2006. c)          The Captain and Crew are bound at all times to keep all information related to this Charter, the OWNER, the CHARTERER, and all Guests as confidential and no information is to be disclosed to any third party without prior permission in writing. CLAUSE 5          CAPTAIN'S AUTHORITY AND RESPONSIBILITIES a)          The Captain shall comply with all reasonable orders given to him by the OWNER regarding the management, operation, and movement of the Vessel, wind, weather, and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might result in the Vessel moving to any port or place that is not safe and proper. Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions and if such failure continues after the Captain has given due and specific warning to the CHARTERER in respect of the same, the Captain shall inform the OWNER, and the OWNER may terminate the Charter forthwith or instruct the Captain to return the Vessel to the Place of Re-Delivery. Upon such return, the Charter Period shall be terminated. The CHARTERER and his Guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain beforehand, and the CHARTERER shall not be entitled to any refund of the Charter Fee. b)          With particular regard to the use of watersports equipment, the Captain shall have the authority to exclude the CHARTERER or any or all of his Guests from the use of any particular watersports equipment if they are unsafe, behave irresponsibly, are under the influence of alcohol, or fail to show due concern for other persons or property when operating this equipment. c)          Moreover, the Captain has the authority to terminate the Charter if the CHARTERER or any Guests engage in inappropriate behavior, including but not limited to possession of illegal substances, disrespect towards the crew, causing damage to the yacht, or any actions that compromise the safety of the guests or crew. CLAUSE 6          OPERATING COSTS The CHARTERER will pay for all expenses or purchase costs of any special equipment placed on board or utilized at the CHARTERER's request. Payment for extraordinary expenses such as special requirements or equipment, shoreside transport or excursions or any other expenses not customarily considered part of the Vessel's operating costs may be required to be paid, in advance or to the Captain on boarding, in addition to the APA. CLAUSE 7          DELAY IN DELIVERY If, for any reason, the OWNER fails to deliver the Vessel to the CHARTERER at the Place of Delivery at the commencement of the Charter Period and delivery of the scheduled commencement time and date, the OWNER shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed the OWNER shall allow a pro rata extension of the Charter Period. CLAUSE 8          CANCELLATION BY OWNER a)          If, prior to the commencement of the Charter Period, the CAPTAIN, OWNER, or BROKER tenders notice of cancellation via the Broker or Captain, and if the cancellation is due to weather, tides, or other force majeure, the full amount of the charter will be credited toward a future charter date for up to one calendar year, to be agreed upon by the CHARTERER and the OWNER. No repayments will be issued to the CHARTERER. In certain weather, tides, or force majeure situations, at the CAPTAIN's discretion and based on their experience, the CAPTAIN or BROKER may offer the CHARTERER the option to continue with the charter while remaining at the dock during the charter period. If the CHARTERER agrees to this arrangement, they may proceed with the charter at the dock. However, it is understood that no discounts or credits will be granted for charters that remain at the dock during this period. b)          If the cancellation is for any reason other than weather, tides, or force majeure—including but not limited to mechanical issues, crew unavailability, or sale of the vessel—the CHARTERER shall be entitled to immediate repayment without interest of the full amount of all payments made under the terms of this Agreement. In such cases, the OWNER shall not be liable for any costs, damages, or claims presented by the CHARTERER beyond the immediate repayment of the aforementioned payments. Furthermore, the CHARTERER acknowledges that they shall not be entitled to any monetary damages or additional claims beyond this repayment. CLAUSE 9          OPERATING COSTS The Charter Fee includes the charter of the Vessel with equipment in working order; tools; stores; cleaning  materials and basic consumable stores for engine room, deck, galley and cabins; laundry of ship's linen; the crew's wages, uniforms and food; the insurance of the vessel and crew. CLAUSE 10        CANCELLATION BY CHARTERER & CONSEQUENCES OF NON-PAYMENT a)          Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement of the Charter Period, some or all of the Charter Fee may be retained by the OWNER determined as follows: - All payment processing fees charged by payment processing systems are non-refundable. - Between payment date and 14 days before charter period: Handling fee of 25% will be non-refundable. - After 14 days before charter period: Cancellations or no shows will be charged in full. CLAUSE 11        BREAKDOWN OR DISABLEMENT If the Vessel shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Vessel by the CHARTERER the OWNER shall make a pro rata refund of the Charter Fee for the period of the disablement or, if mutually agreed, allow a pro rata extension of the Charter Period corresponding with the period of disablement. If the CHARTERER wishes to invoke this clause he shall give immediate notice to the Captain directly, (or via the Broker). Alternatively, and dependent on the nature and seriousness of the disablement, by mutual agreement the CHARTERER may elect to remain on board for the duration of the Charter Period and the CHARTERER will then have no further or additional claim against the OWNER. CLAUSE 12        USE OF THE VESSEL The CHARTERER shall comply, and shall ensure that the Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the OWNER. The CHARTERER shall ensure that the behavior of the CHARTERER and his Guests shall not cause a nuisance to any person or bring the Vessel into disrepute. The Vessel is not to be used for commercial photo or film shoots of any nature, unless by written permission from the OWNER. The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall be subjected to any type of harassment, sexual or otherwise, by the CHARTERER or Guests at any time during the Charter Period. Smoking shall be restricted to the exterior areas of the Vessel designated by the Captain. 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, shall be sufficient reason for the CAPTAIN to immediately terminate the Charter forthwith without refund or recourse against the OWNER, Stakeholder or Broker. The Vessel operates a zero tolerance policy and the possession or use of any illegal drugs or weapons (including firearms) is strictly prohibited on board the Vessel. Failure to comply shall be sufficient reason for the CAPTAIN  to terminate the Charter forthwith without refund or recourse against the OWNER, Stakeholder or Broker. CLAUSE 13        NON-ASSIGNMENT The CHARTERER shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of the OWNER, which consent may be on such terms as the OWNER thinks fit. CLAUSE 14        SECURITY DEPOSIT Unless otherwise provided on Page One of this Agreement, the Security Deposit may be used in, or towards, discharging any damage or liability that the CHARTERER may incur under any of the provisions of this Agreement. If not required, as confirmed by the Captain in writing to the Stakeholder, the Security Deposit shall be refunded without interest to the CHARTERER on the first working day after the end of the Charter Period, or after settlement of all outstanding questions, whichever is the later.