Between the 2 parts, namely: BERNARD CHEMIER, identity card number N-20-2301, as legal representative of the company Y.B.I.S. YACHT BROKERAGE INTERNATIONAL SERVICES, INC., Panamanian company registered under ID 527880, document 443956 in the Panamanian commerce register, operating under the trade name NATIVA TOURS, as a Tour Operator in Panama, which we will call “THE COMPANY” on one hand and, on the other hand, the group of participants registered at the end of this agreement, which we will call "CUSTOMERS", and who together will name "THE PARTIES", have agreed to celebrate this rental agreement for crewed sailboat charter, that we will call "THE AGREEMENT" under the following terms and conditions:
1: THE COMPANY declares to be a Tour Operator who acts as an intermediary or promoter of rentals, dedicated to tourist activity, through individual or group rental agreements, which are the charter.
2: (PREAMBLE)
THE COMPANY declares and THE CUSTOMERS accept the fact, that the Panamanian archipelagos, where charters proposed in this agreement take place, consist of areas deprived of all logistical resources and of all kinds of modern supply structures for food, water and fuel or technical supports. Crews can only rely on themselves and the short time that they sometimes have between 2 charters to not only maintain the sailboat but also, sometimes, do maintenance or even repairs. That is why, CUSTOMERS should accept with great tolerance the possible annoyances linked to these particular parameters. CUSTOMERS acknowledge having been kept informed of this situation and will take it into account in their assessment of the progress of the charter rental. The spirit aboard sailboats is relaxed and does not pretend to be luxurious. THE COMPANY offers several categories comforts: economic, standard and comfort to meet everyone's needs.
3: (ELEMENTS OF THE CHARTER)
The charter includes:
Rental of the sailboat with her crew as described the yacht website page: if needed, the crew can be change for another - according to the necessities - by THE COMPANY. All meals taken on board including 1 meal of lobster and / or crabs - in fishing authorized season; included every 3 days and subject to availability. CUSTOMERS can buy from local fishermen more lobsters or crabs than the crew will be happy to cook for them. All drinks in reasonable consumption including wines, rum, beers, fruit juice, purified drinking water, sodas (see the third clause concerning the abuse of alcoholic beverages). If the CUSTOMERS want it, they will be able - for an additional cost - to supply on board more or specific drinks (ask for the list of drinks on a minimum 72-hour advance order). Special drinks with little or no sugar, energy drinks and other drinks with little must be ordered in advance and will be charged to CUSTOMERS separately. Diesel, gasoline, and water from tanks. A dinghy and its outboard motor (which CUSTOMERS cannot use alone) on some sailboats: sea kayaks and even paddle boards. Other activities such as kite surfing or wind surf are not offered by THE COMPANY, but CUSTOMERS can – after prior acceptance of the captain and under cover of local rules of practice - bring them aboard. Any sport practiced outside the framework of local laws exclusively engages its practitioner and in no way THE COMPANY or the captain, in particular in the event of fines which would have to be paid on site by CUSTOMERS if a violation of local standards or rules are reported. -Snorkeling equipment (mask, snorkel and fins; although it is always better to bring its own equipment). CUSTOMERS are asked to know how to swim for these practices. The trolling lines are provided: CUSTOMERS can take aboard their personal fishing rods. Spear fishing is the exclusive responsibility of CUSTOMERS who will have to bring their equipment because not available on board. THE COMPANY cannot be held responsible for swimming, snorkeling and fishing activities practiced under the full responsibility of the CUSTOMER. Sheets, towels, linen. Full cleaning of the sailboat after the charter. The charter does not include:
Personal expenses and tips A choice of food or drink other than that offered on board. Expenses outside the sailboat, that is to say - for example - meals or drinks taken on land, excursions, guides, local taxes, transport by local boats (lancha), etc. It is EXPRESSLY specified that the transport from the point of arrival in San Blas mainland to the sailboat (by local boat lancha type or else) and the local taxes are not included and must be paid on site by THE CUSTOMERS themselves. The captain will in no way be able to pay these costs. Note: In the absence of payment in real time of these sums, THE COMPANY will ask the CUSTOMERS, to pay them with an increase of 50% in concept of fees. 4: (PROHIBITIONS TO CUSTOMERS)
CUSTOMERS are strictly prohibited from:
Smoking inside sailboats Bring pets (unless previous agreement with the office and the crew) Drinking alcohol in excess to the point of causing dangerous, aggressive or unpleasant behavior for others: the captain will be the only judge on board to make all decisions necessary to restore order and calm including, if necessary, the interruption of the cruise temporarily or permanently. Such behavior of CUSTOMERS (even of a single member of the PARTY) would therefore lead to the immediate termination of the agreement without any compensation reimbursement neither for the charter nor for other related services. The consumption and/or the transportation of narcotics and other products prohibited by Panamanian law is absolutely forbidden: not respecting such laws could not involve the responsibility of THE COMPANY nor the owner or the crew of the ship but the member of the CUSTOMER group who has used or transport these products. The captain will be the only judge on board to make all decisions necessary following these abuses: the sudden interruption of the cruise temporarily or permanently, or even the intervention of local law enforcement. Such CUSTOMERS behavior (even of a single member of the group) would therefore lead to the immediate termination of the agreement without compensation reimbursement for charter or for other services. If the ship were to be immobilized by the authorities following problems with narcotic drugs or illicit drugs due to the client, CUSTOMERS will be indebted to THE COMPANY from each day of immobilization at daily rate corresponding to the general rental price of the sailboat, whatever the duration of this immobilization. As well, CUSTOMERS would have to pay the related fines. 5: (CASE OF MAJOR FORCE OR CASE OF FORCE)
THE COMPANY will not be responsible for its inability to fulfill its obligations if these are due to factors beyond its control such as: war, riots, rebellion, fire, pandemic, explosion, bad climatic or meteorological conditions, natural disasters, or some events or situations outside the direct control of THE COMPANY or the crew. If the captain considers it impossible to carry out the charter in whole or in part, for security reasons, he will be the only master - therefore decision-maker - on board. If the situation allows, he will take an advisory opinion from CUSTOMERS. THE COMPANY will do its best to reprogram the charter regarding the booking table of its fleet. THE COMPAGNY may possibly offer another sailboat of equal or lesser value. If it is impossible for THE COMPANY to reprogram this charter, THE CUSTOMERS can ask their insurance for a possible refund but cannot require refund from THE COMPANY because THE COMPAGNY will not be considered responsible for the inconvenience. If the carrier (air, land or sea) is late or cancels its service, THE COMPANY cannot be held for responsible for the consequences. THE COMPANY will do its best to reschedule the charter but cannot be blamed or claimed not to do so. This clause will not apply if CUSTOMERS cannot go to the planned place of the event of the charter sold by THE COMPANY, due to the persistent Covid-19 pandemic and only for this reason. Clause 5 remains in effect for any other reason.
6: It is understood that CUSTOMERS must prove that the reasons for not honoring their commitment are due to measures taken at global and national level, as consequences of the Covid-19 pandemic.
7: (NOTION OF “NO SHOW”)
If one or more CUSTOMERS does not show up on the same day of the beginning of the charter, there will be no possible refund following this international concept of “no show”. For cancellations prior to the first charter day, see the table on page 5 of this agreement.
8: (MATERIAL DAMAGE ON BOARD)
Damage caused by CUSTOMERS - if they are considered to be consequential by the captain who will be only to judge - shall be settled - as far as possible - on board the sailboat, failing this upon return to Panama City, guests will have to refund the boat’s owner.
9: (CLAIM)
In the event of a claim, THE COMPANY will arbitrate any dispute between CUSTOMERS and the owner of the sailboat. If no amicable agreement is found, CUSTOMERS must then negotiate directly with the owner of the sailboat. CUSTOMERS have 72 (seventy-two) hours after the last charter day to notify THE COMPANY of any claim, by email, fax, mail or any other written means of his choice: after this period, no complaint will be acceptable, even if the payment had been made by credit card (no credit card claim accepted past this delay).
10: (SETTLEMENT OF CONFLICTS)
Any claim, difference or conflict between THE PARTIES, concerning the interpretation, application or execution of this agreement will be exclusively arbitrated by the Ordinary Court of Justice of the Republic of Panama.
11: (TRANSPORT TO / FROM THE SAILING BOAT)
THE COMPANY informs the customer that its naval base in San Blas is in Corazon De Jesús which can be easily reached by plane from Panama City with a 4 min flight (private or shared). This navigation area from Corazon is the one recommended by THE COMPANY which knows the best circuit for CUSTOMERS. If CUSTOMERS prefer to leave from Carti where the Panama City - El Llano - Carti, route ends THE COMPANY informs CUSTOMERS that only local Indians have the right to perform the services of maritime transport from Carti to the sailboat and, as a result, THE COMPANY having no control over the progress such transfer, so THE COMPANY cannot be considered as responsible for any delays or other inconvenient.
12: (RESERVATIONS)
The sailboat will be in confirmed reservation for CUSTOMERS when they will have made their first deposit (or full payment if charter starts in less than 30 days) and will have returned - by fax, mail electronic or mail - this agreement fully completed and signed.
13: (CANCELLATION CONDITIONS)
If the charter is totally or partially canceled (in the latter case pro rata calculation), even if it this is a case of force majeure, it will be reimbursed to CUSTOMERS, based on the invoice price of the charter (the other services being reimbursed at 100% less the costs relating to each supplier):
Refund amount according to your cancellation date (the first day of the charter is taken into account).
More than 6 months 100% (- USD 150 of fees) Between 90 to 179 days 40% Between 89 to 60 days 30% Between 59 to 30 days 20% Between 29 to 15 days 10% Less than 15 days 5% A reduction in the number of group participants will only be accepted by THE COMPANY on 72 hours’ notice before the first hour of the first charter day: the total by CUSTOMERS will then be recalculated.
Exception: If CUSTOMERS cannot go to the place scheduled for the cruise sold by THE COMPANY, for reasons of persistent Covid-19 pandemic and only for this reason, CUSTOMERS will have these three choices:
postpone the dates of the cruise without any penalty. obtain a voucher for the whole paid amounts, which can be transmitted to anyone of your choice, without any penalty. be reimbursed for the full amount paid minus one hundred and fifty dollars ($ 150.00) for file and financial costs. 14: (LIMIT OF LIABILITY)
THE COMPANY cannot be held responsible for delays, cancellations or other inconveniences of service providers, even if THE COMPANY includes these services in the invoice. CUSTOMERS would have to contact directly the concerned supplier to request a possible refund and / or compensation. Nevertheless, although THE COMPANY has no obligation concerning the proper conduct of the charter, she will do her best to help the CUSTOMERS in their investigations.
15: (VOID)
It is agreed between the PARTIES that if any of the terms of this agreement and its annex are found not be in compliance with the laws of the Republic of Panama, this inconsistency will not invalidate the agreement in its entirety, but that it will be considered as not included in the agreement or void, and the rights and obligations of the PARTIES will be interpreted and observed in such a way that the law prevails.
16: (GOOD FOR AGREEMENT)
The COMPANY and THE CLIENTS declare that upon making the payment of the reservation (total or partial) that they accept all the terms and conditions expressed in this Sailboat Rental Agreement.