In the United States, there is an additional legal distinction with respect to the cash hull over the rental or “skippered” charters. When people pool their finances so that the qualified champion among them can become skipper for the group, while the captain is not supposed to be a paid skipper, he now assumes the legal responsibility of one. This can have significant consequences in the event of negative events at sea. BARECON users can expect BIMCO`s standard cash charter party to be thinner and more concentrated if a new edition is published this year. 5.10 The charterer limits the number of persons within its party to a number not exceeding the number of berths on the vessel, unless it depends on the part of the charterer that does not exceed the number of seats on board the vessel authorized by the competent authority, after prior agreement with the owner. 5.5 The charterer may not charter or share a sub-charter or part with control of the vessel without the prior written consent of the owner. While bareboat technically refers to any boat that can be chartered without a skipper or crew, Bareboating typically refers to sailing yachts, including catamarans. There are no technical administration or maintenance in a cash charter as part of the agreement. The charterer receives full possession and control of the ship, as well as the legal and financial responsibility of the ship.
The charterer pays for all operating costs, including fuel, crew, port costs, and P-I and Hull insurance. 4.6 In the event of significant damage to the vessel during the charter period, which entitles the vessel to insurance, or in the event of a failure of equipment or machinery rendering the vessel unfit or unusable, either a pro-rata credit is granted for the period during which the vessel was not in a fishing or unusable state, or (if the charterer chooses it and the subsequent charter authorization) assuming that neither the charterer nor a member of its party have caused or contributed to the damage or failure, and provided that the owner does not provide further compensation to the charterer for damage or duplication related to consequential, financial or other damage. unless damage or breakdowns are caused by the owner`s negligence and lead to death or personal injury. (Engine failure in an auxiliary yacht is not considered unfit for the vessel under this agreement). There are legal differences between a cash charter and other types of charter arrangements, commonly known as travel or charter charters. During a trip or time charter, the charterer charters the vessel (or part of it) for a specified or specified period of time. In these charters, the charterer may direct where the vessel will go, but the ship`s owner retains possession of the vessel through his employment with the master and crew. On the other hand, in a boat or a cash charter, the owner hands over the owner`s possession of the vessel and the charterer hires his own captain and crew.
The Bare-Boat-Charterer is sometimes called “owner available.”
