1. PAYMENTS: The Charterer binds himself to pay the charter fee and the cautional deposit as
provided by the present charter party. In case all these payments are not payed or the terms
are not observed then this charter party will be automatically cancelled and the Lessor shall
be entitled to retain what has been received and to claim the damages suffered.
2. COMMAND OF THE YACHT: In case the Charterer doesn't have a license in possession by
law for the cruise, he has to appoint the Captain who shall also sign this charter party
undertaking all those obligations entailed under it. The Lessor or his representative has the
right to ask the Charterer or his crew the license valid in Italy. In judgement of the Lessor or
his representative, if the knowledge and ability of the license holder are not considered
sufficient for the safety of the people on board or of the yacht chartered, the Lessor or his
representative may propose the presence of a Captain to the Charterer at his charge otherwise
the charter party will be automatically cancelled and the Lessor shall be entitled to retain
what has been received.
3. CHARTERER AND CAPTAIN DUTIES: The Charterer and the Captain shall use the yacht
with particular diligence according to its technical characteristics and the agreed
employment. The Charterer and the Captain are jointly and severally responsible for any
violations of this charter party and they bind them selves to pay for any request made to the
Lessor for any happenings made during the charter period or in its consequence
4. DELIVERY AND INSTRUCTION FOR USE: The Lessor must deliver the yacht at place and
time foreseen by this charter party giving it in condition of seaworthiness, with all its
accessories, equipment, safety equipment and navigation papers as required by law, duly
insured against all navigation risks, special average and third party liability. At the delivery,
the Lessor will give an inventory list to the Charterer, who will confirm to have received the
yacht with all its required accessories and supplies. Any kind of protest will be not accepted
after the delivery. The period of time spent to explain the instruction to use and to cheek the
inventory list, will be considered a part of the charter period.
5. DELAYED DELIVERY: It for any reason the Lessor is be enable to deliver the yacht, he will
be entitled, having informed the Charterer, to deliver another yacht with similar
characteristics within 48 hours and he will refund the Charterer for the period of delay at the
pro-rata daily charter fee. If the delay exceeds this period, for any reason not imputable to the
Lessor, the Charterer will be allowed to confirm his charter with the refund for the lost clay
or to give up the whole charter and to claim the repayment of the whole charter fee, with
interests, but not be entitled to damages. This decision shall be immediately communicated in
writing to the Lessor and the contract will be considered rescinded.
6. USE OF THE YACHT AND RESTRICTIONS: The Charterer and the Captain bind
themselves to use the yacht exclusively for pleasure cruising between safe and secure ports
and anchorages where it can enter, remain and set sail safely lie always afloat within the
cruising area. They must take note that it is not allowed to transport goods, passengers or any
other commercial items. Moreover the Charterer and the Captain bind themselves: a) to
respect the minimum crew and the maximum number of persons allowed on board; b) to use
the yacht within the above mentioned cruising area and not to leave Italian territorial waters
without the written consent of the Lessor; c) to obtain a written authorization on the part of
the Lessor to take part in races, regattas or competitions; d) not to ask to be towed or tow
other vessels except under emergency circumstances; e)to respect the guesting country laws,
especially the set of rules concerning customs declarations, fishing, scuba diving and the
dispositions of harbor, custom and sanitary Authorities; f) to follow the competent Authorities
dispositions when navigation is not allowed because of any reason (bad weather, danger of
area) and not to leave the port or the anchorage or, if the yacht is in navigation, to enter the
nearest port or safe place at once when the wind and sea are or are predicted to be over five
of Beaufort scale or when vessel or crew conditions are such as to affect the safety of the
vessel and their guests; g) to moor the yacht near the coast in a safety position, for one
diurnal and temporary lying, and never leave it without control; h) not to give sailing lessons;
i) not to keep any kind of animals on board; l) not to sail in dangerous areas in consequence
of wars, hostilities, military operations, revolutions, riots and where the navigation is
forbidden, taking note that insurances are not acting; m) not to keep fire-arms or drugs on
board, even for personal use.
7. MAINTENANCE OF THE YACHT: The maintenance of the yacht is charged to the
Charterer, who binds himself to take care of the yacht, to keep it and its accessories in order
and clean and to provide for normal mainte- nance (oil changes, care of the engine, batteries,
winches, sail etc.) .During the charter period the expenses for damages due to force majeure
or normal wear due to the normal use of the yacht under the terms of this Charter party will
be payed in advance by the Charterer and they will be refunded at the end of the charter.
8. RUNNING COSTS: The Charterer shall pay all the expenses concerning to the use and
consumption of the yacht during the charter period and in particular for fuel, oil, water,
electricity, harbor fees and dues, anchorage and mooring dues, local and customs taxes,
employment of radio-telephonic equipment and finally pecuniary and administrative
penalties. If at the end of the charter it is not possible to establish the cost of telegrams,
telephone and radio-telephonic calls their amount will be estimated by the Lessor and payed
by the Charterer.
9. DAMAGES AND REPAIRS: The Charterer must inform in writing, best by fax, the Lessor or
his representative of any ave- rages, damages and anomalies which may have occurred on
the yacht within 24 hours. The Charterer can continue the navigation only if it does not
worsen the damage or it it does not expose the yacht and people on board in danger. The
Charterer shall previously and necessarily obtain the consent in writing of the Lessor, for price
and technical suitability of all repairs to be made, in order to be refunded at the end of the
charter. If the Yacht is damaged, independently of the Charterer's fault, such as to pre- vent
the reasonable use of the yacht for a period exceeding 48 consecutive hours since the
possible intervention, when in Italian water, or 72 consecutive hours, when in foreign waters,
the Lessor shall refund the Charterer for the period at the pro-rata daily charter fee and the
Charterer must not put forward any right for further damages. If the time necessary to repair
the yacht exceeds 96 consecutive hours, the Charterer shall have the right to terminate the
charter and to claim the pro-rata repayment for the part of the charter period that
commenced at the time of disablement. According to the organizing exigences the Lessor
shall allow a pro-rata extension of the charter period adding the days of disablement. If any
repair is necessary at the Charterer expenses, these shall be effected before re delivery.
Anyway the Charterer shall refund the Lessor for the needed time for the repairs exceeding
the charter period and further damages because of this waste of time.
10. RE DELIVERY AND OBSERVANCE OF THE TERMS: The Charterer binds himself to
redeliver the vessel in the terms and in the port above defined, without any debts that he
might have had during the charter in as good conditions as when delivery was taken with all
the accessories, equipment, supplies and documents received from the Lessor. The cruise
itinerary must be planned in order not to delay the re delivery, that must be anticipated in
case of bad weather forecast. If the re delivery doesn't occur in the defined time, the Charterer
shall pay a penalty equal to twice the daily hire rate agreed for each day or fractional part of
a day exceeding two hours until the re delivery will be effected and the Lessor will be entitled
to claim the repayment for damages due to the failed or delayed delivery to the following
user of the yacht. If the Charterer doesn't end his cruise in the defined port, the time required
to take the yacht to the port of re delivery, will be considered as delay and he shall pay all
costs for transferring the yacht to the agreed port of re delivery. The parties agree that the delay
of redelivery cannot exceeds five days, it any written authorization will be given by the
Lessor. The Charterer declares that he knows his behaviour Both parties agree that a delay in
the reconsignement of the yacht shout never exceed five days unless there is a written
authorization on the part of the Lessor. The Charterer declares that he is aware that his
behaviour implies an “interversio possessionis” (interversion of the possession) of the hired
yacht and the offence of embezzlement.
11. RELEASE OR INTERRUPTION: In case of the Charterer's release to the charter party he
has to inform immediately in writing the Lessor who will be entitled to claim or to retain: a)
the down payment, if the notice arrives before the date agreed for the settlement; b) the full
charter fee, if the notice arrives within 30 days before leaving. However, if the Lessor will be
able to re-let the yacht to other Charterers for the same period at the same conditions first
agreed, he will return all payments received, deducting all expenses (commission included)
incurred for this charter and the new one. If the cruise is voluntarily interrupted, the Charterer
won't have any refunds, but he shall pay all expenses due to this anticipated redelivery to the
Lessor.
12. CAUTION (DEPOSIT): The caution payed in security for any obligation of the Charterer,
or the guests, will be returned to the Charterer, without interests, after having ascertained that
no damages, contractual violations and obligations have been made during the charter
period.
13. INSURANCE: The insurances made by the Lessor don't cover the loss or damage of items
belonging to the Charterer and his guests, tort liability towards the things of third party and
towards the Charterer's parents on board. Insurance conditions will be all known by the
Charterer, because a copy of them will be given to him before embarkation In any case, the
Charterer shall pay for any damage not covered by the insurance due to the Charterers'
responsibility, the franchise and the inadequate insured value.
14. BAD WEATHER CONDITIONS: The Lessor doesn't take on any responsibility for
departure delays or cruise interruption due to bad weather conditions or to Orders issued by
the Port Authority.
15. REMUNERATION FOR ASSISTANCE, SALVAGE AND RECOVERY: During the charter, any
benefits for salvages, towages and assistance operations shall be equally shared between the
Lessor and the Charterer after deducting expenses and hire for the charter period not
enjoyed. All mesures undertaken by the Lessor to have payment for assistance and salvage
will be binding for the Charterer and Captain.
16. SUBCHARTERING AND TRANSFER OF CONTRACT: The Charterer is not allowed to
subcharter the yacht or to give up the rights which result from the present charter party.
17. REGISTRATION COSTS: Any possible registration costs of this charter party and any
other costs relating to it will be charged to the requiring Party.
18. CONTROVERSY: Any controversies about interpretation or esecution of this charter party
will be referred to an arbitration board, consisting of three members, one of those appointed
by each party and the third one chosen by these two arbitrators. In case of lack of agreement
the third one will be appointed by the Harbour Master of the Harbour Office of TERMINI
IMERESE (Italy). The Arbitration board will decide as friendly composer with all kind of
freedom of procedure.
19. APPLICABLE LAW: With regard to what not specifically stipulated in the present charter
party, reference is made to the current Italian legislation. If this charter party is translated, the
italian one will be considered prevailent for interpretation or discrepancy.