BOATSETTER DEMISE CHARTER PARTY AGREEMENT©
This agreement is between [OWNER] of [OWNER ADDRESS] (“Owner”), owner of [BOAT MAKE MODEL] identified by Boatsetter as BOAT [BOAT ID] and viewable at [BOAT URL], and [RENTER] of [RENTER ADDRESS] ("Renter") for Booking [BOOKING ID] ("Charter").
In consideration of the promises herein, the Owner agrees to let and the Renter agrees to hire the Boat from [TRIP START] to [TRIP FINISH] via Boatsetter for the sum of [RENTAL PRICE] USD, which amount has been paid via the Boatsetter system subject to the terms and conditions to which Owner and Renter have individually agreed with Boatsetter, which in this instance includes a discount of $[COUPON VALUE] USD off the full price of $[FULL PRICE] USD which does not affect the Owner’s payment.
The Owner agrees to deliver the Boat at [BOAT LOCATION] on [TRIP START DATE], in full commission and in proper working order with full equipment as stated in the Boatsetter listing which can be found at [BOAT URL], inclusive of that required by law.
In accord with the Boatsetter policies and agreement to which the Owner is subject, Owner agrees to maintain marine hull liability insurance on the Boat which covers this Charter, or participate in the Boatsetter insurance offering; such policy to be held by Owner as partial protection beyond the security deposit of $[SECURITY DEPOSIT] USD, for any deductible and loss or damage that may occur to, or caused by, the Boat during the charter period; and in case of any accident or disaster the Renter shall give the Owner or his representative prompt notice of same, and fill out a Boatsetter provided loss notice no later than 48 hours following an incident.
The Renter agrees to [PASSENGERS] passengers and to accept the Boat delivered as provided herein, and to participate in a “Pre-Rental & Post Rental” inspection of the Boat. Renter agrees that a failure to complete this document or not providing adequate, time-stamped photos or video documentation in lieu of a Pre-Rental or Post Rental Inspection documents makes you responsible for ALL damages, and not just the deductible and/or security deposit. In the case of a discrepancy, each party agrees to note the document if it does not agree to any particular damage on the Pre-Rental or Post Rental Inspection document and sign the same.
Renter agrees to pay all running expenses during the term of charter, including fuel and water, pump out and consumable stores, docking and mooring fees, port charges, marina fees, and provisions and supplies for itself and party. The failure to so pay may be deducted from any security deposit, along with any additional fines resulting there from. Renter specifically authorizes Boatsetter to charge for any fuel not replaced at the conclusion of the Charter, unless otherwise agreed in writing with the owner.
The Renter agrees to restrict the cruising of the Boat as follows: Boats may be used on inland and coastal waters of the continental United States of America only; not to exceed 12 miles from nearest shoreline and not to exceed two miles offshore for any kayak or manually powered watercraft. If the vessel chartered herein is over 30 feet in length and is either a sailboat with auxiliary engine or a power boat with two engines the offshore limit is extended to not exceed 25 miles offshore. Renter will always have the vessel lying at a safe berth, anchorage or mooring, always afloat, and not to be underway after 9 p.m. (LST) unless the boat is covered by a policy other than the Boatsetter arranged Insurance Policy; nevertheless, the 9 pm local time limitation is in force unless explicitly stated in the owner’s Boatsetter listing. In the event that the vessel is not always afloat and is beached, Renter agrees to a penalty of $100 in accord with Boatsetter’s policies, in addition to any damage claim related to the beaching.
The Renter agrees to be responsible for and to replace or make good any injury to the Boat, her equipment or furnishings, caused personally by itself or any of its party, and not otherwise collectible under the Owner’s insurance, ordinary wear and tear excepted. Renter shall indemnify and hold Owner harmless for any loss or injury suffered by Renter or any member of his party.
The Renter agrees to surrender the Boat at the expiration of this charter at the same location the Boat was originally received (unless otherwise specified by the owner prior to rental period), 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, ordinary wear and tear and any loss or damage that he shall not be liable to make good excepted. In the event of any damage or loss to the Boat or its equipment, Renter shall fully advise Owner thereof not later than the termination of the charter using the Pre-Rental or Post Rental Inspection document as described elsewhere in this agreement.
Should Renter not make redelivery of the Boat as stipulated due to causes other than the making of repairs, he shall pay additional hourly hire pro rata to the Owner for the time that such redelivery is delayed beyond [HOURS/DAYS] after Renter takes delivery to conclude no later than [TRIP FINISH] local time.
The Renter agrees that the Boat shall be used exclusively as a pleasure vessel for the sole and proper use of Renter, its family and guests during the term of this charter and shall not tow, nor transport merchandise or carry passengers for pay, or engage in any trade, participate in any race or contest of speed, nor in any way violate the Revenue Laws of the United States, and shall comply with state and federal law in all other respects. Renter further agrees to be solely liable for tickets, citations, fines, and/or other violations that occur during the Rental, and all fees resulting from such violations with the exception of tickets, citations, fines, and/or violations due to Owner negligence such as missing lifejackets or improper licensing/documentation.
The Renter agrees not to assign this Agreement or subcharter the Boat, and Renter agrees that only the Boatsetter authorized Renter may operate the vessel, unless a Captain, pre-approved by the Boatsetter Insurance Policy or the Owner’s own commercial charter policy has approved the Captain. Notwithstanding anything in this clause it is mutually agreed that full authority regarding the management of the Boat is hereby transferred to the Renter for the term hereof.
It is further agreed by the parties hereto that Renter agrees to allow Boatsetter to place a hold on the Renter’s credit card three (3) days prior to the Charter term beginning the security deposit amount of [SECURITY DEPOSIT]. Boatsetter will release the hold 72 hours after the Charter term concludes unless a claim or incident is reported. If a claim is filed, Boatsetter will hold the security deposit until the Insurance Company underwriting the coverage renders a decision. Any uncovered or excess damage and/or the deductible, administrative fee or other deduction allowed for under the terms hereof or by the Renter’s agreement with Boatsetter will be deducted from the security deposit and the balance remaining will be refunded. In the instance where balance due exceeds the security deposit, the renter agrees to allow Boatsetter to charge the credit card used to make the purchase for the amount. In the case the credit card is not able to complete a transaction, the Renter will be required to submit an alternate payment method.
Should the Owner and Renter be unable to reconcile any differences that may arise with respect to this Agreement, such dispute shall be referred to a sole arbitrator to be named by Boatsetter. The decision in writing signed by the arbitrator shall be final and binding upon both Owner and Renter and may be binding in any court of competent jurisdiction. The expense and fees in connection with such arbitration shall be equally divided between the parties unless the arbitrator decides otherwise. All disputes or disagreements to be settled in San Francisco, California applying the law of California to the extent it is not preempted by general maritime law.
The Owner’s and Renter’s, electronic assent and signatures need not be affixed to the same copy of this Charter Party Agreement, and Boatsetter may transmit the Charter Party by any electronic means.
Renter agrees not to smoke on or near the Boat, nor allow its guests to do so during the term of the Charter. Similarly no pets are permitted without the written consent of the owner.
Renter will use its utmost good faith and due diligence to:
not operate devices that require one or both hands while operating the vessel, including but not limited to, cell phones, mobile computers, or devices that allow texting
wear all personal flotation devices required by law or prudence and to require the same of Renter’s guests.
Not wear headphones, or any other devices which limit hearing while operating the vessel.
Not Operate the vessel under the influence of any substance, and Renter agrees to submit to drug/alcohol testing with 24 hours of Boatsetter’s request.
Not place stickers, signs, symbols, or other devices, modifications, advertisements or publicity materials on the interior or exterior of the Boat without the permission of the Owner.
You also accept that any changes or modifications to the Charter Party as to date, time, price or any similar logistical change made after the original booking will be confirmed by email to Owner and Renter, which once sent; shall be incorporated into the agreement as if originally set forth.
To the true and faithful performance of the foregoing Agreement the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.
IN WITNESS WHEREOF, the parties hereto set their hands the day and year first above written.