The defining characteristic of a bareboat charter as the term suggests is the transfer of not just possession but also management from the owner to the charterer 1.

Bareboat charter laws. The starting point is Section 13 of the South African Admiralty Jurisdiction Regulation Act which mirrors the provisions of the Arrest Convention in that a bareboat charterer is deemed to be the owner of the vessel under charter for the purposes of an action in rem. The former category known as charters by demise operate as a lease of the ship pursuant to which possession and control passes from the owners to the charterers. The shipowner now owes an absolute obligation to deliver the vessel in a seaworthy condition as opposed to being obliged to exercise due diligence to make the vessel seaworthy on delivery.

Bareboat Charter means the bareboat charterparty between the Collateral Rig Operator and the Collateral Rig Owner entered into from time to time which shall provide that the rights of the Collateral Rig Operator in and to the Collateral Rig and the other Collateral shall be subordinated to the Lien of the Collateral Agent for the benefit of the Secured Creditors. You sail wherever and whenever you want. The Sellers as charterers and the Buyers as owners have agreed to enter into a Bareboat Charterparty the Bareboat Charter in respect of the Vessel in the form of the draft attached hereto.

Ii may be thought of as the marine equivalent of a long-term vehicle lease contract. A bareboat charter sometimes called a charter by demise or demise charter particularly by lawyers i is a contract for the hire of a vessel for an agreed period during which the charterers acquire most of the rights of the owners. With a crewed yacht you have a professional team on board that takes care of the navigation and the guests.

A charter vessel is considered to be carrying passengers whether moored or underway. With a bareboat charter you take the whole responsibility of the boat and the passengers. Like most principles of maritime law bareboat charters were developed to manage the safety and commerce of ships at sea but they are equally applicable to recreational boats.

BAREBOAT CHARTER AGREEMENT. Put differently a maritime creditor may pursue a claim against a bareboat charterer by arresting the vessel related to the claim. Bareboat Charter Law and Legal Definition The term bareboat charter signifies an arrangement for the hiring of a boat or ship without crew and the people renting the boat from the owner are responsible for appointing the crew and making other arrangements.

The main changes to its predecessor BARECON 2001 are. A chartered vessel may NOT carry more than 12 passengers without a Certificate of Inspection COI A chartered vessel may NOT carry more than 12 passengers while moored. In other words without a Master or crew.