Islander Charter Vacations Corp.
Charter Contract
Name of Charterer:
Address:
Embakation date/time/place:
Disembark date/time/place:
DATE:
Charter Fee: $
Less Deposit-
Total amount due upon boarding $
*Not Included In Fee: Crew gratuity (customarily approximately 15% , left to the Charterers' discretion),
Special request liquors/vintage wines not normally part of Standard Ship's Beverages, Customs Fees,
Dockage at client's request during the term of the charter, Dinners ashore, shoreside transfers and
excursions, or shore lodging. The purchase of trip cancellation insurance is highly recommended.
Airfare & taxi is not included.
PAYMENTS & FEES: 50% deposit is due at the signing of this Agreement. The balance is due upon
boarding the yacht Islander.
CANCELLATION: If the Charterers cancel, all payments shall be forfeited as agreed upon liquidated
damages, unless if re-hired for the same term; or a pro rata refund if re-hired for part of the same
term.
If the Owner must cancel, the owners shall refund all payments to the Charterers.
DELIVERY/ACCIDENTAL/UNFORESEEN CIRCUMSTANCES: The Owner agrees to deliver the yacht to
the beginning port in full commission, in pro order and ready for service. However, should it be impossible
for the Owner to make delivery as agreed, or should the yacht, during the period of this Agreement
become stranded, or disabled by an accident, breakdown or other unforeseen circumstance, or unable
to perform this Agreement because of fire, perils of the sea, or other accident rendering her unfit for use
or purpose of this Agreement, not brought about by an act or fault of the Charterers, the Owner shall
refund the full amount to the Charterers or Owner shall either extend the agreed upon period by the
time delayed if scheduling allows, or shall reduce the fee pro rata to the amount whichever is
mutually agreed by the Charterers and the Owner.
DRUGS AND OTHER ILLEGAL ACTIVITIES: the use, transportation, or possession of illegal drugs or
narcotics (including marijuana) or of any contraband, or the participation in any other unlawful activity
is strictly prohibited.
The participation in any of these activities by Charterers, or by any member of the party constitutes a
breach of the charter and shall be cause for immediate termination of this Agreement without refund
of any and all payments to Charterers, and Charterers will be held responsible for any loss or damage
to the yacht due to any such Violations.
RUNNING EXPENSES: The fee includes all food and standard beverages, and all expenses related to
the operation of the yacht including fuel , water and the use of advertised watersports equipment on board.
The fee is generally exclusive of special request charges such as dockage and mooring requested by the
Charterers, gratuity, sports equipment not inventoried by the yacht, excursions ashore,
meals & drinks ashore, telephone, fax, or other communications, and other similar expenses incurred by
the charterer. Any such special charges incurred by the yacht shall by reimbursed to the Captain in cash.
INSURANCE: The Owner represents that the Yacht is insured against fire, marine and collision risks,
and with protection and indemnity coverage as well as appropriate liability insurance.
DISCLAIMER: The Owner accepts no responsibility or liability for any injury suffered by the Charterers
or any member of their party, specifically, but the foregoing statement, any accident, injury, or death due
to sailing, swimming, scuba diving, snorkeling, boardsailing, water-skiing, tubing, aquanauting, and other
related sports, or due to injuries from the yacht's dinghy or outboard motor, whether or not such
equipment for such activities has been provided by the Owner, outside contractor, or third party Charterers,
and regardless of whether such injury occurs onboard the Yacht or elsewhere.
AUTHORITY: The Owner shall provide the yacht with a Captain & Crew appropriate for her size. The
Captain shall be competent in navigation and piloting, appropriately licensed. The Captain shall have sole
responsibility for the safe operation of the yacht and he/she shall remain in full command of the yacht
during anchoring, sailing, weather, and other matters that may affect the safety and well being of the
charterers and yacht. The Captain's decisions regarding the above shall be final.
CHARTERERS' RESPONSIBILITY: The Charterers agree to be responsible for and to replace or make
good any injury to the yacht, or her furnishings caused by themselves or by any of the Charterers' party,
through carelessness, abuse or neglect, normal wear and tear excepted, and to satisfy and indebtedness
incurred for account of or by order of the Charterers' including reasonable attorney's fees.
RESTRICTED USE: The Charterers agree that the yacht shall be used exclusively for pleasure purposes,
and will not in any way violate the Revenues of the United States or of any other Government which may
have jurisdiction.
The Charterers agree not to assign or transfer this Agreement without prior written consent of the Owner.
It is agreed and expressly understood that the Charterers are not the brokers, servants, nor employees of
the Owner in any way.
ARBITRATION: All parties to this Agreement agree to submit to binding arbitration under the guidelines
of the American Arbitration Association to resolve anything that should arise at to the provisions of this
Agreement.
Such dispute shall be referred to a panel of three arbitrators; one chosen by the Owner, one by the
Charterer and a third by the two arbitrators already chosen. Any litigation or arbitration arising from
this charter or Agreement shall be held in the state of the Owner, unless the Owner and Charterers
mutually agree upon another location. Any prevailing party shall be entitled to costs, expenses and
attorney fees for litigation and/or disputes arising out of the Agreement.
FACSIMILE: Both parties acknowledge that this Agreement may be transmitted between them by
facsimile machine and both parties intend that a faxed contract either original and/or copies of the party's
signature shall constitute a binding contract.
ADDITIONAL CONDITIONS:
1. All exras such as docking and mooring may be paid buy the charterer as expenses are incurred.
2. Charterer is required to bring a current passport to enter the British Virgin Islands. If these
requirements are not met, the Captain reserves the right to refuse entry of the yacht into a foreign
country. No exceptions.
The Owner agrees to deliver the yacht at the time and place stated, and the Charterers agree to pay
the fee and other agreed charges on or before the dates specified in this Agreement. The Charterers
acknowledge that he/she has read and understand the entire Agreement, including the Terms &
Conditions listed above. The Charterers warrant that this/her signature on this Agreement represents
consent of all Charterers to be bound by the terms of this Agreement as if they had each individually
signed same. To the true and faithful performance of the foregoing agreement, the said parties bind
themselves, their heirs, executors, administrators and assigns each to the other.
IN WITNESS WHEREOF, the parties have hereto set their hands:
Owner/Captain (Print Name): Capt. Charles Avalos Sr. Charterer (Print Name):________________________
Signed:__________________________________________Signed:_______________________________________
Date:____________________________________________Date:_________________________________________
Witness:_________________________________________Witness:______________________________________
Print, Sign and Send To: Islander Charter Vacations Corp.
101 Rider Ave
Patchogue, NY 11772
Charter Information &
Preferences for Your Yacht Charter
Please fill in all information print and mail to us at the address above.
NAME OF CHARTERER AND CHARTER DATES:
E-MAILING ADDRESS:
DAYTIME PHONE :
Please list all members of your charter party:
Names: Addresses:
1.
2.
3.
4.
PLEASE NOTE - THE FOLLOWING IS REQUIRED FOR ALL MEMBERS OF YOUR CHARTER PARTY:
* PASSPORTS ARE REQUIRED FOR ALL U.S. AND NON - U.S. CITIZENS
TRAVEL ARRANGEMENTS:
ARRIVAL DATE:
AIRLINE ARRIVAL TIME:
DEPARTURE DATE:
AIRLINE DEPARTURE TIME :
NAME OF HOTEL : DATE IN: DATE OUT:
MEDICAL PROBLEMS (Heart Epilepsy Diabetes etc.)
We need to know as much as possible about your group to insure a successful
charter.
Please give
us a brief description of your group's boating and chartering experience.
YOU ARE MOSTLY.....
Active on-the-go types
or Interested in relaxing and unwinding
or Ready to take each day as it develops
CHARTER ACTIVITIES: please circle the activities you have an interest in.
Beachcombing, Hiking, Island Tour,s Kayaking, Music & Dancing, Partying,
Reading, Shopping,
Snorkeling,
Sunning, Dinghy Sailing, Sailing and navigation instruction.
SCUBA Diving: # of Certified Divers OR # Would like a Resort Course
SPECIAL OCCASIONS YOU WOULD LIKE THE CREW TO BE AWARE OF:
Birthday Anniversary Honeymoon Other
DATE:--------------------------------------------------------------------------------
Please make a few notes as to what you prefer to eat to allow the Chef to
accommodate your tastes.
*Note that everyone eats the same entree if possible.
(This is for your entire charter party - please get together - it's important
to us.)
FOOD SPECIAL LIKES/ DISLIKES
Beef
Chicken
Lamb
Pork
Turkey
Veal
Fish
Shellfish
Other
Breakfast:
American Continental
Lunch:
Light Heavy Hot Cold
Dinner:
Most guests enjoy having dinner two or three nights ashore to sample the creativity
of local chefs.
Do you plan
on having any dinners ashore and how many?
Please understand that this is at your expense and will not be deducted from
your charter fee.
Dessert: Do you enjoy desserts or do you find a good meal sufficient?
Snacks:
NOTE ALL ALLERGIES AND DIETARY REQUIREMENTS:
BAR: Basic alcoholic beverages (wines, beers, liquor) and mixes are included
in charter fee but we can
arrange to have special orders and vintage requests for you at your request and expense.
All orders must be made in advance and paid in advance. Prices are somewhat comparable to the States
except for some exceptions. Champagne requested wines and special liquor requests will be supplied at
the charterer's expense. Please
indicate approximate quantities you would like. All soft drinks, rum drinks
are included for the standard charter fee. One
case of beer per couple is also included.
Coke Classic Diet Coke Sprite Ginger Ale Tonic Water Club Soda
Other :
JUICES (check those you prefer)
Orange Grapefruit Cranberry Pineapple V8/Tomato
LIQUOR (number of fifths)
BOURBON:
GIN: Tanqueray Sapphire
RUM: Cruzan Virgin Island Rum Meyers Capt. Morgan
SCOTCH: Johnny Walker Glen Fiddich
TEQUILA: Jose Cuervo Gold
VODKA: Stolichnaya Absolut (flavors available)
WHISKEY: Canadian Club Crown Royal Jack Daniel's
BEER (number of cases)
Carib Red Stripe Corona Coors Light Budweiser
WINE (number of bottles)
Chardonnay Cabernet Sauvignon Merlot Sauvignon Blanc
Pinot Grigio White Zinfandel Other
LIQUEURS (check those you would like on board)
Amaretto Bailey's Grand Marnier Kahlua Frangelico Tia Maria B&B
NOTES:
Please send
to:
Islander Charter Vacations Corp
101 Rider Ave
Patchogue,
NY 11772