| Pricing Terms :
VESSEL LEAS? RULES
Article 1. Definitions
1.1. Owner means the ship owner or any other person authorized by the ship owner.
1.2. Charterer means a legal or physical person using the vessel as per the Vessel Lease Agreement.
1.3. The terms Owner and Charterer are used with the purposes hereof without respect to gender, corporate status and the number of persons.
1.4. Master means an officer heading the vessel crew and bearing responsibility for its actions; the Master is the representative of the Owner in all matters pertaining to debts and claims related to the needs of the vessel, cargo and voyage and an authorized representative of the Owner in any legal relationships arising out of the Lease Agreement and/or in connection with the same. He is also responsible for vessel steering and for the safety of voyage, maintenance of order and prevention of any damage to the vessel, persons and cargo. His orders within the limits of his authority are binding upon all persons aboard the vessel, and he is entitled to isolate any person whose actions present a threat to the vessel and persons, to investigate into any crime committed aboard, to perform notary functions (in case of birth, death, making of a will, etc.)
1.5. Force Majeure means any circumstances relating to acts, omissions, events and incidents beyond the control of the Owner, the crew or the Charterer (including strikes, lockouts, other labor unrest, civil unrest, riots, acts of terrorism, blockades, invasions, wars, fires, explosions, sabotages, storms, collisions, grounding, fog, official acts, contaminated fuel, severe electrical or mechanical damage beyond the control of the crew and not resulting from neglect of the Charterer, the Owner or the crew). Any changes to crew personnel or delays in Vessel repairs not resulting from the above circumstances are not Force Majeure.
1.6. Security Deposit is a deposit paid towards the lease cost, which serves as a security for the proper performance by the Charterer of its obligations under the Lease Agreement and/or the provisions hereof.
Article 2. Lease Agreement
2.1. The Owner shall hand over the Vessel for the use of the Charterer and shall not make any similar agreements with respect to the vessel during the lease term.
2.2. The Charterer shall accept the Vessel for use and pay the cost of lease, the deposit to cover additional charges, the duty for delivery/return of the Vessel, the security deposit and any other agreed costs not later than the indicated date and to the account indicated in the Lease Agreement.
2.3. The Charterer may, with the Owner's consent, pay the cost of lease, the deposit to cover additional charges, the duty for delivery/return of the Vessel, the security deposit and other agreed costs in cash.
2.4. Charterer’s obligations with respect to the payment of the cost of lease, the deposit to cover additional charges, the duty for delivery/return of the Vessel, the security deposit and other agreed costs shall be deemed discharged at the time of crediting the monies to the Owner’s account or receiving a payment in cash. Any bank charges and fees shall be paid by the sender.
Article 3. Transfer of the Vessel
The Owner shall deliver the Vessel for the beginning of the lease term to the place of its transfer according to the requirement of the country whose flag the Vessel is flying, and the Charterer shall accept the Vessel in good working condition and seaworthy. The Vessel shall be insured, seaworthy, clean, in good working condition, fully equipped, including modern lifesaving gear (including lifejackets for children, if the Charterer will have any children aboard), and equipped according to its size and type, permitting the Charterer to use the vessel as stipulated in article 14 hereof. The Owner cannot guarantee comfortable use of the Vessel in bad weather conditions.
Article 4. Return of the Vessel
The Charterer shall return the Vessel to the Owner to the Port of Return in the same state as the Vessel was at the time of its transfer, with allowance for normal wear, after paying any costs related to the use of the Vessel during the lease term. The Charterer may transfer the Vessel at the Port of Return before the expiry of the lease term, without the right to claim any compensation for early return.
Article 5. Permitted Navigation Territory
5.1. The Charterer shall comply with the limits of the stipulated navigation territory (navigation territory being attached hereto as an appendix) where it is entitled to navigate. The Charterer shall limit the total travel time to not more than 6 hours per day, except for cases when the Master agrees to exceed this limit at his own risk.
5.2. The Master shall use his best endeavors to satisfy a request for mooring, but shall not be held responsible if mooring is impossible in any particular case.
Article 6. Maximum number of people – responsibility for children – health of the Charterer and its guests
6.1. The Charterer shall not take aboard a larger number of guests for staying or traveling than is stipulated in the Lease Agreement. Such number of guests may be increased during mooring or anchorage at the Master’s discretion or in compliance with the existing standards.
6.2. In case there are any children aboard, the Charterer shall bear the responsibility for their conduct and games, and no member of the crew shall be held responsible for it.
6.3. The sea voyage aboard the Vessel may be unsuitable for physically handicapped people or people undergoing medical treatment. The Charterer shall guarantee good physical condition of everyone aboard. The Charterer and its guests shall be vaccinated and have all the visas necessary in the countries, which they will visit.
Article 7. The crew
7.1. The Owner shall provide the Master qualified according to the requirements of the country whose flag the Vessel is flying and acceptable to the insurance company. It will also provide a professional and trained crew. No member of the crew may transport or use any illegal drugs aboard the Vessel or store any types of weapons (except for those permitted and declared). The Master and the crew shall comply with the laws of those countries whose territorial waters the Vessel enters.
7.2. The crew shall be entitled to the minimum period of rest according to the normal procedure of Vessel operation.
7.3. The Master and the crew shall not disclose any information pertaining to this Agreement, the Owner, the Charterer and its guests to any third parties without obtaining a written consent.
Article 8. Authority and responsibility of the Master
8.1. The Owner shall guarantee that the Master shall be no less attentive to the Charterer than if it were the Owner. The Master shall perform any reasonable instructions given to him, unless this is prevented by the steering, functioning and motion of the Vessel, wind, weather or any other circumstances. The Master shall not perform any orders if they may entail an entrance to a dangerous port or site or the impossibility to deliver the Vessel to the Port of Return until the expiry of the lease term or the violation of article 14 or any other provisions hereof. Without prejudice to any other legitimate interests of the Owner, in case if in the Master’s opinion the Charterer or its guests are violating the provisions of article 14 hereof and keep violating them after receiving a written notice from the Master, the Master shall inform the Owner thereof, and the Owner shall have the right to terminate the lease forthwith (to terminate the Lease Agreement in accordance with civil procedures) or to instruct the Master to return the Vessel to the Port of Return, upon the arrival to which the Agreement shall be terminated. The Charterer and its guests shall go ashore from the Vessel and settle the question of additional charges with the Master. In this case the Charterer shall not be entitled for any compensation.
8.2. The Master may deny the Charterer or its guests the right to use water sports equipment if the Charterer or its guests demonstrate irresponsible behavior, are intoxicated or do not act with due care with respect to persons or equipment when using such equipment.
8.3. Written warning of the Master:
If necessary, the Master shall serve to the Charterer a written warning in the English language indicating the nature of violation of the Lease Agreement and/or these Rules committed by the Charterer (and/or other staying, traveling or other persons for whose behavior the Charterer is responsible) and the term for remedy of such violation. The Charterer shall acknowledge the receipt of such warning. If the Charterer refuse to receive (refuse to acknowledge the receipt) the warning, the Master shall make a mark on the warning on the Charterer's refusal to receive the warning and shall read aloud the text of the warning, about which a mark shall also be made, and in this case the warning shall deemed served to the Charterer.
Article 9. Cost of lease and payment terms
9.1. The cost of lease shall include:
- the lease of the Vessel with any and all equipment in good working condition;
- tools, inventory, cleaning and auxiliary supplies for engine compartment, deck, cook room, and cabins;
- cleaning of sailcloth, crew members’ wages, their uniforms and meals;
- insurance of the Vessel, the crew and the guests (see article 17 hereof);
- the Owner, guests and the crew liability insurance;
- technical maintenance and warranty service;
- the cost of the final cleanup of the Vessel upon the expiry of the lease term.
9.2. The Charterer shall pay any other additional costs based on actual consumption. Such costs include, without limitation: coastal transport; fuel for engines and generators; fuel for a motor boat and the water sports equipment; food and drinks for the Charterer and its guests; cost of mooring and other harbor expenses; guide services; local taxes; diving permit; customs duties; costs of waste discharge, water and electricity from the shore; personal dry cleaning; communications and Internet use by the Charterer; lease or purchase of any equipment for the Vessel at the Charterer’s request; and other expenses.
9.3. If the Port of Transfer / Port of Return is different from the Home Port of the Vessel, the Charterer shall pay the Charge for Delivery/Return of the Vessel. The amount of the Charge for Delivery/Return of the Vessel shall be calculated by the Owner and included into the Deposit to Cover Additional Expenses. The amount of the Charge for Deliver/Return of the Vessel shall be made according to the following rule: if the time in transit from the Home Port of the Vessel to the Port of Transfer/Return of the Vessel is less than 4 hours, the amount of the Charge shall only include the cost of the actually consumed fuel; otherwise, if the time in transit from the Port of Registry of the Vessel to the Port of Transfer/Return of the Vessel exceeds 4 hours, the fixed daily charge for delivery calculated basing on the Owner's current tariffs shall be added to the cost of fuel.
9.4. To cover the additional costs to be incurred as indicated in p. 9.2. and 9.3. hereof, the Charterer shall make a Deposit to Cover Additional Costs. The amount of the Deposit to Cover Additional Costs shall be calculated by the Owner and made known to the Charterer within three (3) working days from the date of signing of the Lease Agreement. The Charterer shall pay the Deposit to Cover Additional Costs by transferring the monies to the Owner’s account or paid to the Master, to be accounted for, in due time, but not later than the beginning of the lease term.
9.5. After the Charterer pays the Deposit to Cover Additional Costs, the Master shall inform the Charterer from time to time on the utilization of the Deposit. If the current balance of the deposit is not sufficient to cover the costs to be incurred, the Charterer shall replenish the Deposit to meet the required amount. The Owner shall guarantee the Master’s diligence when using the Deposit. The cost of transferring the additional deposit to the Owner’s account, cash withdrawal and its transfer to the Vessel shall be born by the Charterer. Currency exchange rate cannot be guaranteed beforehand.
If the Charterer refuses to replenish the Deposit, the Master may, at his discretion:
- refuse to satisfy the Charterer’s requirements that cannot be met (due to lack of funds) without replenishing the Deposit to Cover Additional Costs. In this case, the Charterer shall bear responsibility for any delay in the return of the Vessel and/or breakdown of the Vessel’s equipment due to the Charterer’s refusal to replenish the Deposit;
- independently pay any additional expenses, which the Charterer shall later reimburse.
9.6. An advance payment may be required of such additional costs as the satisfaction of special requirements, provision of equipment, coastal transport, excursions and other services that are not usually included into operating expenses related to the lease of the Vessel by way of transfer of funds to the Owner’s account or their issue to the Master, to be accounted for, in addition to the Deposit to Cover Additional Costs.
9.7. Prior to landing upon the expiry of the lease term, the Master shall provide a detailed account of expenses, with as many prime records attached as possible, and the Charterer shall pay all such expenses, or the Master shall reimburse to the Charterer the balance amount.
9.8. Payment by check, credit card or any other means aboard the Vessel is usually not accepted, therefore, the Charterer shall make sure to have a sufficient amount of cash to pay for any expenses to be incurred or transfer the necessary monies to the Owner’s account in advance.
9.9. When the funds are issued to the Master to be accounted for, the Master shall issue a receipt indicating the Charterer (passport data), the Master (passport data), the amount (expressed in words), the date of transfer, the purpose for which the funds were issued, and reference to the Lease Agreement under which the funds were issued.
9.10. After the final settlement under the Lease Agreement, the receipt issued by the Master shall be returned to the Master, and in case of refusal to return the receipt, the Parties to the Lease Agreement shall indicate in the Service Provision Report (see article 24 hereof) that the Charterer has no claims with regard to any monies issued to the Master. If the Charterer refuses to sign the Service Provision Report, the Charterer shall provide a reasoned refusal to sign the Service Provision Report. If there are no reasonable grounds for the refusal to sign the Service Provision Report, the Master shall sign the Service Provision Report unilaterally and send a copy to the Charterer (as per article 23 hereof), in which case the Charterer shall lose the right to make any claims under the Lease Agreement, including with regard to any monies issued to the Master.
Article 10. Delay and Impossibility of Vessel Transfer
10.1. If due to a Force Majeure described in article 21 hereof the Owner will not be able to deliver the Vessel for the Charterer to the Port of Transfer by the date of the beginning of the lease term, the Vessel transfer shall take place within the shortest of the two periods: 48 hours from the beginning of the lease term or within one tenth of the lease term, and the Owner shall pay to the Charterer a proportion of the cost of lease or, by agreement of the parties, extend the lease term proportionally.
10.2. Impossibility of Vessel transfer.
10.2.1. If due to a Force Majeure the Owner is unable to deliver the Vessel for the Charterer to the Port of Transfer, and if the delay exceeds the smaller of the two periods: 48 of the period equal to one tenth of the lease term, the Charterer may terminate the Lease Agreement in accordance with civil procedures. In this case, the Charterer shall be entitled to prompt reimbursement of any monies it has paid hereunder, without charging of interest for the use of monies. Otherwise, by mutual consent of the Parties, the lease term may be extended for the period of delay or the lease term may be delayed for an agreed period.
10.2.2. If the Owner cannot deliver the Vessel for the Charterer to the Port of Transfer by the beginning of the lease term for any other reason other than Force Majeure, the Charterer may, in accordance with civil procedures, terminate the Lease Agreement and require the prompt repayment of any monies paid under thereunder, without charging of interest for the use of monies, as well as damage compensation in the amount of 15% of the cost of lease.
10.3 Termination of the Lease Agreement by the Owner.
10.3.1. If before the beginning of the lease term indicated in the Lease Agreement the Owner terminates the Agreement due to a Force Majeure, the provisions of p. 10.2. hereof shall apply.
Article 11. Delay of Vessel Return
11.1. If the return of the Vessel is delayed due to a Force Majeure, it shall be returned as soon as possible after the cessation of such Force Majeure circumstances, the terms of the Lease Agreement shall remain in force, and the Charterer shall not be liable to pay any penalty or additional charges.
11.2. If the Charterer is unable to deliver the Vessel to the Owner at the Port of Return in due time due a willful delay or any changes of itinerary in spite of the Master’s warnings, the Charterer shall pay to the Owner a lease fee for each day of delay basing on the lease rate increased by 50%. The Charterer shall pay any operating expenses as per article 9 hereof, as well as any loss or damage incurred by the Owner as a result of the impossibility to the use the Vessel or the need to cancel or delay next charter voyages.
Article 12. Termination of the Agreement and Consequences of Non-Payment
12.1. If the Charterer whishes to terminate the lease agreement at any time before the beginning of the lease term, the Owner shall retain part or the whole lease cost subject to the following principle:
The Owner shall be entitled to impose the following penalties on the Charterer:
- - 60 days before the tour - 30% of the Charter cost;
- - 59 to 30 days before the tour - 50% of the Charter cost;
- - 29 to 8 days before the tour - 75% of the Charter cost;
- - 7 days before the tour - 95% of the Charter cost.
If the subsequent installments shall have been paid but have not been paid, the Owner shall be entitled to demand payment thereof by the Charterer.
12.2 Failure or impossibility of payment.
If upon the receipt of a written notice from the Owner, the Charterer fails to pay any sum due to the Owner under the lease agreement and/or in connection with these Rules, the Owner shall reserve the right to unilaterally terminate the lease agreement subject to an extrajudicial procedure and retain all the outpayments to repay the Charterer's debt accrued up to the agreement termination date.
12.3. Despite the Owner's right to charge and retain payments subject to p. 12.2 hereof, the Owner is obliged to reduce the amount of the penalty imposed on the Charterer in the event the Owner can lease the Vessel again for a part or for the whole lease period. The Owner will deduct from the Charterer's penalty debt the total amount of lease payments newly received from the lease after the deduction of charges and other subsequent expenses on the repeated lease. This provision is aimed to ensure that the Owner obtains the same benefit from the repeated lease, as if this agreement was not terminated. The Owner shall exert every effort to lease the Vessel again and shall not reasonably refuse it, however, the Charterers who may, in the opinion of the Owner, damage the vessel, its reputation, its crew or time-schedule, may be rejected.
12.4. If before the termination of the lease agreement by the Charterer, the required supplies were brought on board the Vessel or the cost of the Vessel delivery to the Delivery Port specified in the lease agreement was paid, the Charterer shall pay these expenses save where part or all of such expenses may be reimbursed by the supplier, in whole or in part, or transferred to another charter. In such case, the sum of the expenses subject to payment by the Charterer shall be reduced respectively. The Owner and the Master shall make every effort to reduce these expenses.
12.5. The Owner shall be entitled to unilaterally terminate the lease agreement subject to an extrajudicial procedure in the event the Charterer has not paid the lease cost, the deposit to cover the additional expenses, the insurance deposit and other agreed expenses specified in the lease agreement, prior to the beginning of the lease term. If before the termination of the lease agreement by the Charterer, the required supplies were brought on board the Vessel or the cost of the Vessel delivery to the Delivery Port was paid, the provisions of p. 12.4 of these Rules shall apply.
12.6. Upon termination of the lease agreement subject to the provisions of p. 12.5 hereof, the Owner shall be entitled to apply the liability provided for by p. 12.1 hereof to the Charterer.
Article 13. Breakdown and Unavailability
13.1. If at any time after the provision of the Vessel, any breakdown, stranding, collision or other circumstances occur, including Force Majeure, preventing the Charterer from normal use of the Vessel for whichever is shorter: from 12 to 48 consecutive hours or for the time of one tenth of the lease period, and if the breakdown is not caused by the Charterer's actions, the Owner shall pay the proportionate part of the lease payment to the Charterer for the period of unavailability, or extend the lease term as agreed by the parties for the period of the Vessel unavailability. If the Charterer whishes to apply this rule, it shall immediately inform the Master of its intent. The Charterer shall not be liable for any additional expenses for the suspension of the Vessel running, but it shall remain responsible for ordinary operating expenses during the Vessel unavailability.
13.2. If at any time after the provision of the Vessel, any breakdown, stranding, collision or other circumstances occur, including Force Majeure, preventing the Charterer from normal use of the Vessel for whichever is shorter: 48 hours or one tenth of the lease term, the Charterer may unilaterally terminate the lease agreement subject to an extrajudicial procedure. Within ten business days upon the termination of the agreement, the Owner shall pay the proportionate part of the lease payment to the Charterer for the remaining time period after the breakdown, without charging any interest for using the monetary funds. In the event of such termination of the lease agreement, the Charterer may deliver the Vessel leaving it where it is. The Charterer shall be entitled to demand (save for the force majeure) payment by the Owner of the reasonable expenses for the return of the Charterer and its guests to the Vessel Delivery Port along with the accommodation expenses.
13.3. Alternatively, if any breakdown lasts for the period exceeding one of the following two time periods: over 48 hours or one tenth of the lease term, depending on the nature and severity of the breakdown as agreed by the parties, the Charterer may stay aboard the Vessel for the period of the lease term, and in this case the Charterer shall not have any further claims to the Owner.
Article 14. Use of the Vessel
14.1. The Charterer shall comply, and ensure that its guests shall comply, with the laws and rules of the country the territorial waters of which the Vessel enters during the term of the agreement.
14.2. The Charterer shall ensure that no pets or other animals are brought aboard the Vessel without the Owner's written consent.
14.3. The Charterer shall ensure that its behavior and the behavior of its guests shall not create any inconveniences or be detrimental to the reputation of the Vessel.
14.4. The Vessel must not be used for any commercial photographing or video recording without the Owner's written consent.
14.5. The Charterer and its guests shall treat the crew members with respect. Neither of the crew members shall be abused, whether sexually or otherwise, on the part of the Charterer or its guests for the whole lease term.
14.6. Unless otherwise agreed, smoking is allowed only on external decks of the vessel, in places specified by the Master.
14.7. The Master shall immediately show the Charterer any violation of the said rules on the part of the latter or on the part of its guests, and if such behavior continues after the warning the Master shall inform the Owner. In such case, the Owner shall have the right to unilaterally terminate the lease agreement subject to an extrajudicial procedure, in accordance with article 8 hereof.
14.8. In the event the Charterer or any of its guests commit a crime pursuant to the laws or regulations of any country, which crime has an impact on any crew member, and such member will be therefore detained, fined or arrested, or the Vessel will be detained, arrested, confiscated or fined, the Charterer shall reimburse the Owner for any losses, damages or expenses incurred. In such case the Owner shall be entitled to unilaterally terminate the lease agreement subject to an extrajudicial procedure.
14.9. Storage and use of illegal drugs and weapons aboard the Vessel are strictly prohibited. Infringement of this provision will constitute the ground for immediate unilateral termination of the lease agreement at the initiative of the Owner without payment of any compensations.
Article 15. Transfer of Rights under the Agreement
The Charterer shall not be entitled to transfer its rights hereunder to any third party, nor to transfer the Vessel or any part thereof, without the Owner's written consent and in accordance with its terms.
Article 16. Sale of the Vessel
16.1. The Owner undertakes not to sell the Vessel for the term of the lease thereof stated on page 1.
16.2. If the Owner decides to sell the Vessel after the signature of the lease agreement, but before the transfer thereof to the Charterer, the Owner shall notify the Charterer of the sale immediately after closing of the sale transaction. The parties shall treat this information as confidential.
16.3. If the Vessel is sold, the following terms shall apply:
16.3.1. The Owner shall arrange for the lease of the Vessel with the buyer on the same terms subject to the agreement for the change of persons for the obligation.
16.3.2. If the buyer does not want or is unable to perform the lease terms, the lease agreement shall be unilaterally terminated by the Owner subject to an extrajudicial procedure. All the Charterer's payments shall be returned to the latter without any additional deductions.
16.3. If the Owner decides to sell the Vessel after the signature of the lease agreement, and after the transfer of the Vessel to the Charterer, the Owner shall ensure that such circumstance will not affect the rights and obligations of the Charterer.
Article 17. Insurance
17.1. For the period of this agreement, the Owner shall insure the Vessel against risks ordinary to a vessel of such size, cost and type, with the insurance coverage not less than that determined by the Institute Yacht Clauses 1.11.85 standard or other generally accepted conditions developed for issuance of a permit for the lease of the vessel or coverage of third party liability, water skier liability, as well as liability arising out of the use by the Charterer or its authorized representatives of aquatic sports equipment, including: jet skis and similar engine equipment, as well as windsurfing equipment, motorboats, catamarans and other aquatic sports equipment brought aboard the Vessel.
17.2. Insurance shall also cover the risks for the period of war, strike, environmental pollution, and include the insurance of the crew against injuries and/or third party liability for actions of the crew members while doing their job functions. The Charterer shall be liable for all losses, damages and liability arising out of the actions/omissions of the Charterer or its guests, and not covered by the Owner's insurance.
17.3. The insurance terms, including the scope of the Charterer's liability not covered by the Owner's insurance, shall be generally accepted for the Vessel of such size, cost and type. The copies of all effective insurance contracts will be provided by the Owner upon the Charterer's reasonable request before the beginning of the lease term and will be delivered aboard the Vessel.
17.4. The Charterer shall have a separate insurance of personal property aboard the Vessel or ashore, health insurance and accident insurance, including ambulance and evacuation services.
17.5. The Charterer shall remember that the expenses on the Charterer's liability insurance, and those on the insurance against loss or premature termination of the lease agreement are not covered by this agreement.
Article 18. Insurance Deposit
Unless otherwise provided for on the first page hereof, the Charterer shall provide the Insurance Deposit prior to the beginning of the lease term. The Insurance Deposit shall be deemed a security of the proper performance by the Charterer of its obligations under the lease agreement and/or in accordance with the provisions of these Rules. Should the Insurance Deposit be not required, and it is confirmed in writing by the Master, the Deposit shall be returned to the Charterer without charging any interest on the first day after the end of the lease term or after settlement of all the necessary issues.
Article 19. Profits during the Vessel Lease
All profits arising during the lease term, including the discovery of left vessels, rescue of vessels in distress, towing, shall be, after payment of the relevant share to the crew, shared equally between the Owner and the Charterer.
Article 20. Complaints
20.1. In the event any complaints arise, the Charterer shall first of all bring its discontent to the notice of the Master aboard the Vessel, and its complaint shall be registered in the log book specifying the time, date and the substance of the complaint. The Master shall inform the Owner about the Charterer's complaint as soon as possible.
20.2. If the problem cannot be solved aboard the Vessel, the Charterer will inform the Owner within 24 hours after the occurrence, provided the communication is available. At the first stage, the complaint may be presented orally, but then as soon as possible it shall be registered in writing specifying the substance of the complaint.
Article 21. Force Majeure
If force majeure caused any breakdown or unavailability of any mechanism, the Owner shall have the Master or its representative to provide the Charterer or its representative with a detailed technical report and, if necessary, a copy of the log book, as well as all supporting documents.
Article 22. Court and Applicable Law
The law of the Russian Federation shall apply to the legal relations between the Owner and the Charterer arising based on the lease agreement and/or based on the provisions of these Rules, including, but not limited to, the legal relations arising in connection with invalidity and/or loss of the lease agreement.
If any disputes cannot be settled amicably, such disputes shall be submitted to the respective court of the Russian Federation to be settled subject to the procedural legislation of the Russian Federation.
Article 23. Procedure for Termination of the Lease Agreement. Notices
23.1. This lease agreement may be unilaterally terminated subject to an extra-judicial procedure based on the notice (in the English language) of the termination of the lease agreement provided to the other party. In such case, the agreement shall be deemed terminated as from the date the other party receives the notice. The Charterer shall be entitled to deliver the notice of the termination of the lease agreement to the Master and/or send such notice to the Owner by mail.
23.2. The Owner may terminate the lease agreement providing the termination notice to the Charterer and/or sending the notice by mail.
23.2.1. In the event the notice is provided by mail, such notice shall be sent by registered mail with return receipt requested and with the note of the enclosure and shall be deemed received as from the delivery date or after 20 business days from the date of dispatch, whichever is earlier.
23.2.2. In the event the notice is provided by telegram, such notice shall be deemed received as from the delivery date or after 10 business days upon dispatch, whichever is earlier.
23.3. From the date the Charterer and/or the Owner sends the notice of the lease agreement termination, the Charterer shall be entitled neither to stay aboard the Vessel nor use any of the mechanisms and/or equipment of the Vessel. This restriction may be broken only with the Master's consent. In this case, the Owner shall be entitled to dispose the Vessel at its discretion.
23.4. Any notices of the Master, including those of termination of the lease agreement, shall be the notices of the Owner as if they were executed/provided directly by the Owner.
23.5. Any notices made or requested by either of the parties shall be executed in writing and shall be deemed properly executed, if upon the dispatch they were paid for, properly addressed to the Owner at the address stated in the agreement, or properly addressed to the Charterer at the address stated in the agreement.
Article 24. Acceptance of the Services Rendered
24.1. After the Vessel is returned to the port of the Vessel return, the parties shall draw up a Report of the Services Rendered where the parties to the lease agreement state whether they have any or have no mutual claims. Signing this report without any claims, the respective party to the lease agreement shall be divested of the right to present any claims under, or in connection with, the agreement.
If there are any claims, the parties specify the time limits for settlement thereof.
| Additional |
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Euro |
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| Insurance |
L 380 |
1,000 |
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Final cleaning |
Euro |
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| repayable deposit |
L 440 |
1,500 |
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Lagoon 500 |
150 |
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| for crewed charter |
L 500 |
2,000 |
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Lagoon 440 |
130 |
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Lagoon 380 |
120 |
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| Crew |
Euro/day |
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| Skipper Lagoon 500 |
150 |
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| Skipper Lagoon 440 |
130 |
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| Skipper Lagoon 380 |
120 |
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| sailor |
80 |
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| Hostess |
100 |
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| Comission terms |
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| 1 day |
3 days |
7 days |
14 days |
21 days |
28 days |
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| 10% |
11% |
12% |
15% |
17% |
20% |
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| Loyalty terms for Yacht Agents and brokers |
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| The refundable bonus as agreed. For sailing one yacht more than 3 week duaring one season. Plus 3% for each extra week |
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| Early booking |
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| Discount 3% for 100% prepayment before 3 mounth till charter |
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| Discount 5% for 100% prepayment before 5 mounth till charter |
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Euro
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DateFrom
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DateTo
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PriceOneDay
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PriceOneDay
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2 Days
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3 Days
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PriceOneWeek
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10 Days
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PriceTwoWeek
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PriceThreeWeek
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10 per
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more 10 per
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4/1/2011
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4/29/2011
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1,500
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1,800
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2,500
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3,500
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7,860
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10,600
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15,000
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21,600
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4/30/2011
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5/13/2011
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1,900
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2,200
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3,200
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4,500
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9,900
|
13,350
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19,500
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27,200
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5/14/2011
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6/3/2011
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2,000
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2,300
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3,300
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4,600
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10,230
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13,700
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20,200
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28,100
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6/4/2011
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6/17/2011
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2,100
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2,400
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3,500
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4,800
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11,400
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15,400
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22,000
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31,400
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6/18/2011
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7/8/2011
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2,400
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2,700
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4,000
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5,800
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12,600
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17,000
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24,300
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34,700
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7/9/2011
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8/26/2011
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2,500
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2,800
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4,200
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6,000
|
13,400
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18,000
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25,600
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36,700
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8/27/2011
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9/16/2011
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2,100
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2,400
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3,500
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4,800
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11,400
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15,400
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22,200
|
31,400
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9/17/2011
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9/30/2011
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1,900
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2,200
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3,300
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4,500
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9,900
|
13,350
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19,500
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27,200
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10/1/2011
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10/31/2011
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1,500
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1,800
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2,500
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3,500
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7,860
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10,600
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15,000
|
21,600
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6/18/2011
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7/8/2011
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2,260
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2,600
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3,950
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5,500
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10,990
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14,800
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20,900
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31,000
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7/9/2011
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8/26/2011
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2,480
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2,806
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4,340
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5,700
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12,200
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16,400
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23,200
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34,000
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8/27/2011
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9/16/2011
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2,120
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2,440
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3,700
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4,500
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10,200
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13,800
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19,500
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29,100
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9/17/2011
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9/30/2011
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780
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830
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1,360
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1,940
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3,200
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4,350
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6,200
|
8,900
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10/1/2011
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10/31/2011
|
600
|
700
|
1,050
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1,490
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2,270
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3,050
|
4,300
|
6,300
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