Terms and Conditions of Charter
1. Payment Terms
a. For advance booking of more than 10 days prior the departure date:
i. Deposit of 50% of the agreed charter fee on the date of confirmation.
ii. Remaining 50% of the agreed charter fee not later than 3 working days before departure.
b. For short-term bookings of less than or 10 days before the departure date.
i. 100% of agreed charter fee before commencing the charter.
c. If payment is made by credit card, the following surcharge shall apply.
i. 3,5% for VISA, Mastercard and American Express
2. Security Deposit
a. JStar & Stapel Co., Ltd. reserves the right to collect a refundable security deposit before the charter to cover potential repair for damage caused by the charterer or one of his guests to the yacht, tender, equipment, its captain and crew as well as for loss of belongings and other reasonable damage.
b. Such compensation and expenses that may be applicable to the CHARTERER shall be deducted from the security deposit or paid for in full no later than 7 days after the captain has given notification to the CHARTERER, unless otherwise mutually agreed between the two parties. Failure to do so will constitute offence that JStar & Stapel Co., Ltd. shall reserve the right to justify in the law courts of Thailand.
c. The captain of the yacht will be responsible in notifying the charterer and his decision is final.
a. Should the CHARTERER wish to cancel the booking, the following cancellation fees will apply unless differently stated in the charter contract:
i. 25% Charter value will be levied if cancelled prior to 48 hours before departure.
ii. 50% Charter value will be levied if cancelled prior to 24 hours before departure.
iii. 100% Charter value within 24hrs of departure.
b. In the event that JStar & Stapel Co., Ltd considers the weather condition to be unsuitable for the charter or encounters other unexpected issues or difficulties which result in not being able to make the vessel available as stated in the charter booking form, we will inform the CHARTERER at the earliest opportunity before the charter.
The CHARTERER will then be entitled to:
i. Change to a different vessel in similar or larger size and price (subject to availability)
ii. Change the date of departure.
iii. In some cases, claim full refund on payment.
c. In the event of force majeure JStar & Stapel Co., Ltd cannot be held responsible and therefore advises that the CHARTERER takes personal insurance to cover for these events.
d. In the event of any delay or cancellation that occurs after the charter has commenced, for any reasons whatsoever, the Charterer shall only be entitled to receive all or part of the charter fee in reimbursement calculated on a prorated basis, and such amount shall be the limit to all claims in respect of such delays or cancellations.
To ensure the highest standard of safety is maintained and practiced, the following should be noted:
a. Life jackets –JStar & Stapel Co., Ltd will provide enough lifejackets for all the CHARTERERS guests on board, including adults and children as per the booking form.
b. Fire extinguishers – there are fire extinguisher on board to be used in emergency only, and customers are requested not to tamper with these.
c. Life raft – a dinghy is provided on board to be used as life raft.
d. First aid – A standard first aid kit is provided as well as crew and captain trained for first aid and lifesaving skills.
e. Water sports –JStar & Stapel Co., Ltd shall not take any responsibility in any water sports activity including but not exclusive to swimming, snorkelling, diving, water-ski, jet-ski, fishing, etc. The customer may engage in those activities solely at their own risk. It is highly recommended that personal insurance is taken to cover these and any other activities.
f. Unsafe weather condition –JStar & Stapel Co., Ltd. reserves the right to cancel or make amendments to departure times, dates, itineraries, or any other relevant detail of the charter in the event that it is reasonably deemed that the weather is unsafe for the charter or other adverse condition may present an unsafe environment for the charter.
g. Authority and responsibility –JStar & Stapel Co., Ltd. reserves the right for its captain, crew and hostess to have full authority to carry out any amendments to the charter considered to be in the interest of safety when the following events or behaviour is displayed, including (but not limited to) inappropriate behaviour, illegal substances or actions, excessive intoxication with alcohol, personal health/medical issues, endangering the safety of others or the yacht, as well as any other reasonable circumstances.
5. Personal health and medical conditions
It is the responsibility of the CHARTERER to inform a member of JStar & Stapel Co., Ltd. before a booking is made, of any personal health issues, allergies, pregnancy, and other medical/health related conditions. These details should be included in the charter booking form. Furthermore, JStar & Stapel Co., Ltd. ultimately reserves the right to decline bookings made by the CHARTERER, or decline entry on board the vessel, where the company deems that their health conditions is inappropriate for the charter.
6. Illegal Substances/Items
CHARTERER and guests shall not bring onto the boat any substances, weapons or any other item that is considered illegal under Thai law. If Thai or International law is violated, JStar & Stapel Co., Ltd. shall return the boat to shore immediately where the authorities will take custody of the offender.
7. Vessel usage
a. In addition to the terms of usage stipulated herewith, usage of the vessel, including all details regarding number of people, shall be exactly as filled in the Booking Form only.
b. Furthermore, the following rules should always be adhered to:
i. Pets - CHARTERER and guests are prohibited to bring on board any pets or animals without written permission from JStar & Stapel Co., Ltd.
ii. Smoking - is FORBIDDEN in any interior space on board the yacht. Whilst smoking outside, the CHARTERER is requested to take maximum care with the hot cigarette, ashes and the decks of the yacht, using only the ashtrays provided.
8. Contract of Carriage
For yachts marked for International charters only, this Agreement extends to charters for travel into international waters and/or cross border destinations. Cruising in domestic waters shall be for purposes of travel on route to international destinations or to external waters and return trips thereafter.
JStar & Stapel Co., Ltd. shall ensure that the vessel is insured against all customary risks for a yacht of her size and type. Under normal circumstances, the CHARTERER shall only be liable for costs of losses as may be incurred for repairing damage caused by the CHARTERER or his/her guests (intentionally or otherwise) to the vessel or any third party on each separate accident or occurrence. See clause 2. Security Deposit.
The CHARTERER waives all claims against JStar & Stapel Co. Ltd, their management, staff, agents and crew members, as well as against the owners of the yacht, in respect of any injury to person or damage to property of the CHARTERER and persons boarding upon the CHARTERER’ invitation, arising out of the charter voyage entered into herein in the booking form. For avoidance of doubt, claims to damages waived shall include both specific and general damages.
11. Governing Law
This Charter Agreement shall be governed and construed in all respects in accordance with English Law.
Disputes arising between parties under this Charter Agreement shall be resolved by Arbitration in Thailand before a single Arbitrator in accordance with the Arbitration Laws and Rules and Procedures of Thailand Arbitration Center (THAC). Notices to be served by parties pursuant to disputes arising shall be deemed good and effective upon delivery to the respective addresses of the parties as appear in this Agreement.