GENERAL CHARTER CONDITIONS
CLAUSE 1 - AGREEMENT
The Lessor hereby agrees to let the above-described yacht to the Charterer and not to enter into any other agreement for the charter of the same yacht for the same period.The Charterer agrees to hire the yacht and to pay the Charter Fee, the security deposit and any other agreed charges in accordance with the terms foreseen by this bareboat Charter Party, on or before the dates specified herein.
CLAUSE 2 - TECHNICAL DETAILS AND PARTICULARS OF THE YACHT
The Lessor warrants that upon delivery the yacht will conform to the particulars and will be fitted with all the gear and equipment indicated in the technical brochure (enclosure «A») which forms an integral part of the present charter Party.
CLAUSE 3 - FAILURE TO PAY
a) Should no down payment/deposit be paid as provided by the present Charter Party (see charter particulars) then this Charter Party will be deemed to be repudiated and the Lessor will be entitled to claim the damages suffered.
b) In the case of failure to pay the balance of the Charter Fee and/or the security deposit (see charter particulars) as provided by the terms and conditions of this Charter Party, the Lessor will be entitled to treat this Charter Party as cancelled simply by sending the Charterer notice in writing of this default and of Lessor's intention to consider the Charter party as repudiated. In this case the Lessor will be entitled to retain all amounts already received and will be entitled to futher payment of damages. ,
CLAUSE 4 - DELIVERY
The Lessor undertakes to use due diligence in delivering the yacht to the Charterer at the port of delivery on the agreed date in full commission, seaworthy, fully fitted, clean, in good condition throughout, with adequate equipment, supplies, fittings and accessories and with the documentation and safety equipment prescribed by law. The boarding must take place before 08:00 pm; in case of arrival of the charterer after 08:00 pm he/she will be liable to pay 50,00€ for every hours after that time. If the arrival is afterl 12:00 pm, the boarding can be take place the following morning at 09:00 am. Should the Charterer decide to take delivery of the yacht in a port other than that agreed, the Lessor may agree to the transfer of the yacht at the Charterer's expense, it being understood that the charter period will commence in the port and at the times indicated in the present Charter Party.
CLAUSE 5 - DELAY IN DELIVERY
If, for any reason other than force majeure, the Lessor should be unable to put the yacht at the Charterer's disposal in the port and at the times agreed, the Lessor will be entitled, with notice in writing, to deliver another yacht with similar characteristics within 48 (fourtyeight) hours, and will refund the Charterer for the period of the delay at the pro-rata daily Charter Rate. Should the delay in delivery exceed the aforesaid period, the Charterer will be entitled:
a) to repudiate this Charter Party upon condition that notice in writing to this effect is given to the Lessor within the following 24 (twentyfour) hours; in this case the Lessor will immediately refund all amounts already paid to him by the Charterer, with interests thereon, and will be liable for any consequent damages;
b) to confirm the Charter Party, in which case the Charter Fee will run from the time of the actual delivery of the yacht, though no extension of the charter period will be allowed unless otherwise agreed. 2) If however the delay in delivery is caused by force majeure, and if the Charter Party is thereby cancelled, the Lessor will not be liable for payment of the damages caused by such delay but will merely refund the amounts advanced by the Charterer, without interests.
CLAUSE 6 - SHIP'S INVENTORY
Prior to the delivery and to the re-delivery of the yacht the Lessor (or his representative) and the Charterer (or the Captain) shall jointly draw up a statement relating to the yacht ës supplies presently on board. The yacht shall be delivered with full fuel tanks and must be redelivered with full fuel tanks.The Charterer will make good any shortages and/or breakages ascertained at time of re-delivery.
CLAUSE 7 - USE OF THE YACHT, LIMITS AND RESTRICTIONS
The Charterer shall use the yacht with particular diligence and shall use her exclusively as a pleasure vessel cruising, within the cruising area indicated on page 1 of this Charter Party, between safe and secure ports and anchorages where the yacht may enter, remain and set sail in complete safety and always respecting the technical characteristics reported in the yacht's navigation license. For no reason whatsoever shall this area include nations at war, nations involved in military operations, revolutions and riots. In particular, the Charterer shall not at any time carry passengers or goods nor carry out any type of trading whatsoever nor shall he bring or keep on board illegal drugs (even if for personal use), weapons or any other object or document the possession and/or detention of which is prohibited by the countries of the cruising area. Moreover the Charterer shall respect the minimum number of people to be present on board and shall not leave the morning when navigation has been forbidden by the competent Authority and/or when the weather marine conditions and/or the conditions of the yacht are such as to compromise the safety of the yacht and/or of the persons on board the yacht. Unless prior written authorisation is given by the Lessor the yacht shall not be used in regattas nor other competitions nor used for dangerous water sports which may be detrimental to the safety and integrity of the yacht. Neither the Charterer nor any other person on board shall bring or keep any animals on board without the specific consent of the Lessor.
CLAUSE 8 - PERSONAL DOCUMENTS
The Charterer shall ensure that all people on board the yacht at the start of the charter period are in possession of the necessary passport, documents and visas.
CLAUSE 9 - RESPONSIBILITY FOR CHILDREN
If children are taken on board, the Charterer shall be fully responsible for their safety and conduct.
CLAUSE 10 - HEALTH OF THE Charterer AND HIS PARTY
The nature and the structure of the yacht may render it unsuitable for anyone with certain physical disabilities or undergoing medical treatment. By signature of this Charter Party the Charterer warrants the medical fitness of himself, his guests and the Captain prior to embarking. The Charterer, his guests and the Captain must be in possession of all necessary visas and vaccinations for the countries to be visited by the yacht.
CLAUSE 11 - RE-DELIVERY
At the end of the charter period the yacht will be re-delivered by the Charterer to the Lessor at the port of re-delivery at the agreed time, free of any encumbrances or burdens resulting from obligations undertaken by the Charterer, and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use.In the case of damages to the yacht's furnishings, fittings and equipment the Charterer, before disembarking, shall refund the Lessor for the damages caused at the current market price should it not prove possible to make immediate repairs op replacement.Should it prove necessary to effect repairs for Charterer's account, the Charterer shall carry out such repairs prior to the re-delivery of the yacht or shall in any case indemnify the Lessor for the time required to effect such repairs should these be carried out after the end of the charter period.The Charterer may re-deliver the yacht to the port of re-delivery and disembark prior to the end of the charter period but any such early re-delivery shall not entitle the Charterer to any refund whatsoever, even partial, of the Charter Fee.
CLAUSE 12 - DELAY IN RE-DELIVERY
Should the Charterer, for any reason attributable to him, fail to re-deliver the yacht in accordance with the terms of this Charter Party, the Charterer shall pay the Lessor a demurrage at the rate of € 100,00 for every delayed hour (or fractional part of an hour) until such time as re-delivery is effected. If the delay in re-delivery exceeds 24 (twentyfour) hours the Charterer shall also be liable to indemnify the Lessor for any loss or damage which the Lessor shall suffer by reason of deprivation of the yacht and/or cancellation of a subsequent Charter Party and/or delay in delivery to, any subsequent user of the yacht. Should the Charterer decide to interrupt or terminate the cruise in a port other than that designated in this Charter Party, any period of time necessary for the return of the yacht to the port of re-delivery in excess of the charter period will be considered as a delay. The cost of transporting or transferring the yacht to the port of re- delivery is for Charterer's account.
CLAUSE 13 - CANCELLATION
If, at any time before the commencement of the charter period, the Charterer is unable, for reasons beyond his control, to perform this Charter Party, he shall immediately give written notice to the Lessor. In this case the Lessor shall be entitled to retain all amounts already received, without any refund of damages. The Charterer loses the right to withdraw from the charter party from the sixtieth day prior to the start of the charter and from that time the Lessor will still be entitled to 100% of the tariff should the Charterer subsequently declare he is unable to use the craft. Should the charter of the yacht be interrupted at the request or due to the Charterer, the latter will not be entitled to any refund; failure to use the yacht during the stipulated period does not entitle the Charterer to any refund whatsoever.
CLAUSE 14 - SUSPENSION OF THE CHARTER FEE, DISABLEMENT OR TOTAL LOSS OF THE YACHT
If, after delivery of the yacht to the Charterer, the yacht is disabled by engine breakdown or any other cause which has not been brought about by the Charterer such as to prevent the reasonable use of the yacht, then the following rules will apply:
a) if the period of disablement exceeds 48 (fourtyeight) consecutive hours, the Charter Fee shall be suspended from the date and time when the yacht is disabled until such time as the yacht is fit to resume service; the Lessor shall remain liable for the consumption of fuel, lub oil and water for the duration of the period of disablement and these will be calculated at the price of the last supplies. No extention of the charter period shall be allowed unless it be mutually so agreed.
b) If, however, the disablement should exceed 72 (seventytwo) consecutive hours when in Italian waters or 86 (eightysix) hours when in foreign waters, or the yacht should be lost, the Charterer may demand the termination of this Charter Party by means of immediate notice in writing to the Lessor, and shall be entitled to the refund of the pro rata Charter Fee for that part of the charter period not enjoyed. In this circumstances re-delivery of the yacht shall be accepted as effected where the disablement occurred or where the yacht lies. The Charterer shall also be entitled to recover from the Lessor the travelling and accommodation costs necessary for returning himself, his guests and the Captain to the port of re-delivery or to his place of usual residence, whichever shall be the nearest. Each and every time that a breakdown occurs resulting in a period of disablement of the yacht the Charterer shall draw up a report on the event.
CLAUSE 15 - BAD WEATHER CONDITIONS
The Lessor shall not be liable for any delays in the departure of the yacht or interruptions in her cruising due to bad weather conditions or to orders issued by the Port Authority. In such cases the Charter Party will be considered as effective even if the yacht may be unable to go to sea for several days.
CLAUSE 16 - MAINTENANCE
The Lessor shall arrange for all repairs required as the result of force majeure or of wear and tear due to the normal use of the yacht under the terms of this Charter Party, as well as for those deriving from a hidden vice of the yacht and her parts.The Charterer shall provide for normal maintenance (oil changes, care of the engine, batteries, winches, sails etc.) in order to maintain the yacht in the same conditions of efficiency and seaworthiness as when delivery was taken. In case of damage, average or accident the Charterer must immediately notify the Lessor; he may continue navigation only if this will not aggravate the damage or provoke peril to persons and the yacht. He may not carry out any repairs without the prior authorization of the Lessor. The costs necessary for the repairs are on Charterer's account and he will be refunded only if the cause cannot be attributed to him under the conditions of the present charter party. The Lessor may withhold the security deposit and cash ( until 72 hours after the return of the boat) it hereafter in order to safeguard his rights until such time as said liability has been fully established without any obligation to pay any amounts on account of interests, damages or other reasons.
CLAUSE 17 - RUNNING COSTS
The Charterer will sustain the expenditures relating to the use and consumptions of the yacht for the charter period and in particular for: fuel, lubricating oil, water, electricity, harbour fees and dues, anchorage and mooring dues, custom's and local taxes, pilotage costs and the costs consequent to the use of the yacht's radiophone equipment. If it is not possible to determine the cost of the use of the yacht's radiophone at the end of the charter period, then the Charterer shall pay an amount estimated by the Lessor until such time as supporting documents can be obtained.
CLAUSE 18 - COMMAND OF THE YACHT
The choice of Captain must be approved by the Lessor. The Lessor or his representative shall be entitled to ask the proposed Captain to supply evidence of his qualifications to command the yacht. If the knowledge and the capacity of the licence holder are considered as not sufficient for the type of yacht chartered, for the safety of the yacht and of the people, the Lessor or his representative may ask the Charterer to arrange for a replacement.Any dispute will be put to one of the members of the Examining Board of the Maritime Office which is territorially competent in respect of the Port of Delivery of the yacht, such Board being formed in accordance with Art. 4 of Ministerial Decree dated 4th March 1977 and his decision will be final. Should the Captain be a party other than the Charterer, then said Captain shall also sign this Charter Party. The Captain shall undertake all those obligations entailed under this Charter Party as well those entailed by Law.
CLAUSE 19 - THE DUTIES OF THE Captain
The Captain must pay particular attention to the Maritime Authority when the latter forbids navigation for any reason whatsoever (bad weather, danger of the area etc.). Should any of the weather conditions be of an intensity in excess of force 6 Beaufort Scale, the Captain must not leave the port or, if the yacht is in navigation, he must seek to berth in the nearest port or safe place. Should the yacht anchor near the coast the Captain must ensure that the yacht is never left without supervision, which must be adequate in respect of the circumstances and the place.The Captain must enter in the log book the arrivals and departures from port, the atmospheric conditions and the hours cruised each day using the engine.The Captain, the Charterer and his Guests undertake to respect all the laws of the countries visited including those regarding Customs' declarations, Port Authority/Customs' regulations and the current fishing (including underwater fishing) regulations. Should the Charter Party be of a duration in excess of 10 (ten) days, the Captain must communicate (by telephone, fax, telex or telegram) the position of the yacht to the Lessor or to his representative every 7 (seven) days. Using the same means the Captain must also inform the Lessor or his representative of any accidents, averages, damages and anomalies which may have occurred on the yacht. Moreover the Master must immediately inform (using the afore - mentioned means) the Lessor or his representative of any accidents, averages, damages and anomalies which may have occurred on board the yacht. The calculation of the hours (as indicated in clause 14) will run from the time that written notice is received.
CLAUSE 20 - INSURANCE
The Lessor expressly undertakes to insure, and keep insured, at his own care and expense, the yacht for the entire duration of the Charter Period, against all customary navigational risks including special average and third party claims for the Maximum Sum (4/4), so that the Charterer is relieved of all and any liability for any average or damage to the yacht or to Third Parties. The Lessor shall also arrange for a separate insurance policy with a leading Insurance Company, covering civil liability resulting from the use of the yacht during the Charter Period and covering all people on board.Copies of all the relevant policies will be supplied to the Charterer for inspection prior to embarkation. Should the Charterer deem insufficient the Maximum Sums insured for civil liability, he shall give the Lessor notice in writing and the Lessor shall be bound to extend the cover up to the requested Maximum Sum, but in this case the resulting cost will be payable by the Charterer. The Charterer shall in any case be liable for any inadequacy in the insured values, the franchise and those damages which are not compensable by the Insurance Company as being the result of a fact attributable to or of a default by the Charterer and/or his Guest and or the Captain.
CLAUSE 21 - SECURITY DEPOSIT
Failure to pay the security deposit (the maximum or the lower one) will result in the automatic cancellation of the charter party hereto and the Lessor will be entitled to withhold, by way of penalty, all those amounts paid to him by the Charterer on account of hire. The security deposit will be returned, until 72 h after the return of the boat, once it has been established that there are no damages, no breaches of contract and no breaches of obligations contracted during navigation. Charterer's financial liability is limited to the sole amount of the security deposit solely in respect of material damages caused to the yacht and which are compensable by the Insurance Company, while the Lessor is fully entitled to demand from the Charterer - who will respond with his personal estate - the refund of the entire amount of any other and different damages suffered.
CLAUSE 22 - BROKERAGE COMMISSIONS
Any Broker's commissions in respect of the stipulation of this Charter Party shall be paid by the Lessor. If this Charter Party shall not be performed by either of the Parties or in the event of cancellation by mutual agreement, whatever the reason may be, any commission earned by the Broker will not be returned.
CLAUSE 23 - FORCE MAJEURE
For the purposes of this Charter Party «Force Majeure» means, including but not limited to, any cause whatsoever attributable to acts, facts, events, non-happenings, accidents or Acts of God beyond the reasonable control of the Lessor or the Charterer (including but not limited to strikes, lock-outs or other labour disputes, civil commotion, revolutions, invasion, war, fire, explosion, sabotage, piracy, storm, collision, grounding or other accidents at sea).
CLAUSE 24 - SUB-CHARTER AND ASSIGNMENT OF THE CHARTER PARTY
The Charterer shall not sub-let or assign the yacht to other parties for any whatsoever.
CLAUSE 25 - REMUNERATION FOR ASSISTANCE, SALVAGE AND RECOVERY
Any benefits deriving from all and any derelicts, towage services, salvage or any other assistance and salvage service rendered by the yacht during the period of this Charter Party (after paying the Captain's proportion, the hire for the relevant period not enjoyed by the Charterer, the damages sustained by the yacht and all the expenses by the Lessor and by the Charterer - including legal costs and those for materials and fuel consumed during the salvage operations) shall be shared equally between the Lessor and the Charterer. All actions and steps taken by the Lessor to secure the assistance or salvage remuneration will be binding on the Charterer and the Captain.
CLAUSE 26 - REQUESTS FOR TOWAGE/ASSISTANCE
The Charterer and/or the Captain shall be directly liable for any obligations deriving from operations of towage and/or assistance requested of other Units, except in cases of true and real danger for the persons on board and safety of yacht which do not derive from actions and/or omissions on the part of said Charterer and/or Captain.
CLAUSE 27 - REGISTRATION COSTS
The registration costs and any other cost relating to and resulting from the present Charter Party, will be paid by the Charterer. If the Charter Party is stipulated through a Broker and is signed only by the latter, the cost of registration, if required, will be paid by the Party requiring such registration.
CLAUSE 28 - APPLICABLE LAW
With regard to any points not specifically stipulated and/or foreseen in the present Charter Party, express reference is made to the relevant current Italian legislation.Should any uncertainty arise in respect of the logical/literal interpretation of this Charter Party and/or discrepancies in respect of the Italian and its translation into another language, the interpretation of the Italian text (attached hereto) shall prevail.
CLAUSE 29 - ARBITRATION
Any dispute arising in connection with this Charter Party, including its validity, interpretation, fulfilment and termination, shall be decided by an Umpire or by a panel of three Arbitrators who shall conduct the Arbitration Procedure as they see fit and who shall reach a decision on the basis of the current and applicable laws, in accordance with the regulations of the Arbitration Board of the Lucca Chamber of Commerce. Should the Parties be unable to agree upon the appointment of the Umpire and Third Arbitrator, whichever the case may be, the Arbitration Board of the Chamber of Commerce of Lucca will provide.The Parties hereby undertake to promptly and punctually perform the Arbitration Decision which they hereby acknowledge as the expression of their wishes.
