CONTRACTS: Yacht accepts new VIPCA/CYBA September 2020 contract
1. CHARTERER covenants not to sue and further to defend, indemnify, and hold owner, broker, management company, stakeholder, captain and Crew harmless from any and all liability, including but not limited to strict liability, claims, demands, losses, damages, costs, penalties, suits, expenses, reasonable attorney’s fees, other costs of defense, and court costs (each, a “claim”) incident to, arising out of, connected in any manner with, or resulting, directly or indirectly from Covid-19 pandemic, or other formally declared pandemic or endemic (hereafter collectively referred to as “Covid-19”), and the vessel charter, including but not limited to the infection of any member of the charter party with Covid-19, travel delays, vessel seizures and/or mandatory quarantines or any other government imposed restrictions, requirements or regulations.
2. In the event that any member of the Crew or charter guest becomes ill with Covid-19 symptoms and tests positive during the charter for Covid-19 the charter will terminate at the nearest reasonable port of disembarkation, unless otherwise agreed in writing by the captain, Charterer, Owner and Stakeholder. If quarantine is required, it cannot be done on the yacht. Therefore medical insurance with quarantine coverage is highly encouraged.
3. The CHARTERER acknowledges the Covid-19 entry and exit protocols for the Cruising Area (BVI or otherwise) as they exist on the date of execution of this agreement and endeavors to ensure they are updated with any changes in relevant entry and exit protocols.The CHARTERER and all guests are responsible for meeting government mandated requirements for entry or exit into the Cruising Area. In the event that the CHARTERER and guests are not permitted entry into or exit out of the Cruising Area, or any portion thereof, because of not meeting government mandated entry/exit requirements, and not because of the Cruising Area being closed to visitors such, this agreement shall be deemed cancelled by the CHARTERER and the remaining funds will immediately be disbursed to the OWNER, including the Agents' commission. All expenses for CHARTERER and guests to meet government mandated requirements for entry or exit into the cruising area, as well as costs associated with quarantine or additional other related costs, are solely at the expense of the CHARTERER.
4. Further to CLAUSE 10. D. DELAY IN DELIVERY/FAILURE TO DELIVER, should the CHARTERER or any member of their charter party test positive for COVID-19 prior to the charter, the positive test or tests will not constitute a government or travel ban as part of this clause and therefore trip insurance is advised.
5. If Crew would become ill from Covid-19 or any other illness, the OWNER may appoint another Crew to complete the charter, failing which, the charterer would have the options under CLAUSE 10. C. FORCE MAJEURE CLAUSES i & ii.
6. At the time of signing this contract, BVI regulations will not permit this vessel to operate commercially in BVI waters.
7. If by the dates of the charter the yacht is able to charter in the BVI, the charter fee does not include British Virgin Islands (BVI) taxes, fees, permits or National Park fees or Customs & Immigration fees.
8. Due to the unpredictable nature of doing business in the BVI, should there be any regulatory changes, or changes in the interpretation of regulation in the BVI from the time of booking the Charter and the Charter start date, including but not limited to changes in Crew work permits, changes to yacht permitting, changes to business licenses or otherwise, and the Crew or Yacht is not legally allowed to charter in the BVIs, the Cruising Area will be extended to the USVI.
9. Copy link & paste into browser to submit waiver: https://bit.ly/cyawaiver