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Charter Agreement
I need a charter agreement for a private yacht rental, specifying a 7-day voyage along the Kerala backwaters, including provisions for crew services, fuel, and meals. The agreement should outline cancellation policies, liability clauses, and payment terms, with a 50% deposit required upon booking and the balance due 14 days before departure.
What is a Charter Agreement?
A Charter Agreement lays out the key terms and conditions for leasing or hiring a vessel, aircraft, or vehicle in India. It specifies the rights and responsibilities between the owner (called the charterer) and the party renting the asset, covering everything from payment terms to maintenance obligations.
These agreements must comply with Indian transportation laws and often need approval from regulatory bodies like the Directorate General of Civil Aviation for aircraft charters or the Directorate General of Shipping for vessels. They're commonly used by logistics companies, tour operators, and businesses that need temporary transport solutions without the commitment of ownership.
When should you use a Charter Agreement?
Use a Charter Agreement when you need temporary access to vehicles, vessels, or aircraft without purchasing them outright. This contract proves especially valuable for businesses handling seasonal transportation demands, one-time cargo shipments, or special events requiring additional transport capacity.
A Charter Agreement becomes essential before operating hired transport assets in India, as it protects both parties and ensures compliance with transport regulations. The timing matters most when planning logistics for time-sensitive projects, expanding operations temporarily, or managing peak business periods that require extra vehicles or vessels.
What are the different types of Charter Agreement?
- Time Charter: Grants full operational control of a vessel or aircraft for a specific duration, with crew and maintenance included. Common in shipping and aviation sectors.
- Voyage Charter: Covers transportation of cargo between specific points, with the owner maintaining vessel control. Popular for one-time shipping needs.
- Bareboat Charter: Transfers complete operational control to the charterer, who handles crew and maintenance. Used for long-term business needs.
- Demise Charter: Similar to bareboat but includes additional legal protections and insurance requirements under Indian maritime law.
- Special Purpose Charter: Customized agreements for unique uses like event vessels, research ships, or specialized aircraft operations.
Who should typically use a Charter Agreement?
- Vessel/Aircraft Owners: Companies or individuals who lease out their transport assets through Charter Agreements, often working with regulatory bodies for compliance
- Charter Companies: Businesses that rent vessels or aircraft, handling documentation and ensuring operational standards meet Indian transport regulations
- Legal Teams: Corporate lawyers and maritime specialists who draft and review agreements to protect both parties' interests
- Transport Regulators: Government bodies like DGCA and DG Shipping that oversee and approve charter operations
- Insurance Providers: Companies offering specialized coverage for chartered assets, often required as part of the agreement
How do you write a Charter Agreement?
- Asset Details: Gather complete specifications of the vessel/aircraft, including registration numbers, capacity, and technical requirements
- Duration Planning: Define exact charter period, including start date, end date, and any extension options
- Compliance Check: Verify necessary permits from Indian transport authorities and prepare documentation
- Financial Terms: Calculate charter rates, security deposits, insurance requirements, and payment schedules
- Operational Rules: List maintenance responsibilities, crew arrangements, and permitted geographical areas
- Risk Assessment: Document liability limits, indemnification terms, and dispute resolution procedures
What should be included in a Charter Agreement?
- Party Details: Full legal names, addresses, and registration numbers of both charterer and owner
- Asset Description: Detailed specifications of the chartered vessel/aircraft, including registration and certification details
- Term and Scope: Charter duration, delivery location, and permitted operational areas
- Payment Terms: Charter rates, payment schedule, security deposits, and default consequences
- Operational Rules: Maintenance responsibilities, crew arrangements, and safety protocols
- Liability Clauses: Insurance requirements, indemnification terms, and force majeure provisions
- Governing Law: Indian jurisdiction clause and dispute resolution mechanisms
What's the difference between a Charter Agreement and an Asset Purchase Agreement?
Charter Agreements differ significantly from an Asset Purchase Agreement in their fundamental purpose and duration. While both deal with valuable assets like vehicles, vessels, or aircraft, they serve distinct business needs in India's transportation and commerce sectors.
- Ownership Transfer: Charter Agreements maintain owner's title while granting temporary use rights; Asset Purchase Agreements permanently transfer ownership
- Duration: Charters are temporary arrangements with specific term limits; Purchase agreements create permanent ownership changes
- Financial Structure: Charters involve recurring payments for usage; Purchase agreements typically require one-time or structured purchase payments
- Regulatory Requirements: Charter Agreements need transport authority approvals and operating permits; Purchase agreements focus on transfer documentation and registration
- Operational Control: Charters define temporary operational responsibilities; Purchase agreements transfer full control and liability permanently
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