GENERAL CHARTER CONDITIONS
1) PARTIES IN THE CONTRACT: In this contract Charter company, will be referred to as "Lessor" and the customer, the contract holder will be
called the "Lessee"; any licensed, other than the Charterer will be named "skipper”.
2) ASSIGNMENT OF CONTRACT: the Lessee is not permitted to assign in use to a third party the vessel nor the rights arising from this contract.
3) MATTERS OF CONTRACT: the lessee can cancel the contract but will lose the right to a refund of the amounts paid by him to the lessor as
deposit for the exclusive reservation, but may be substituted by another lessee; the lessee loses the right to withdraw from the contract by the
thirtieth day before the beginning of the lease and the lessor, from that moment, in the event that the lessee cannot use the vessel, will be always
entitled to get 100% of the rate. In the case of interrupted rent at request or due to the lessee, he shall not be entitled to any refund for non-use of
the vessel during the stipulated period, does not entitle the lessee to any refund whatsoever. If the Lessor, for damage or any other reason, is
unable to deliver the contracted vessel, he will still have the faculty of delivering another vessel with similar characteristics within two days, with the
obligation to reimburse the lessee the only daily rate if not used. If the delay lasts longer than that period, the lessee will be entitled to rescind the
contract and the refund of any amount paid plus interest at the rate of law.
4) OBLIGATIONS OF THE LESSOR: The lessor delivers the vessel and its appurtenances, in a state of perfect seaworthiness, complete with
accessories, fittings and safety equipment and documents for navigation, as well as all that is necessary to render the vessel seaworthy and to
allow her to serve the stipulated use. The lessee at the time of delivery, after inspecting the vessel and ascertaining that it is equipped with all
necessary appliances to make it navigable, and to enable her to serve the stipulated use, sign a list, containing an inventory of these appliances.
By signing the inventory, the lessee expressly confirms that he/she has received the vessel in good maintenance condition, in seaworthy condition
and suitable for use agreed: it follows that he/she cannot move over any dispute and the lessor will be released from any responsibility in this
regard. It is understood between the parties that detailed nautical charts provided by the lessor, only cover "the recommended area" for navigation,
with reasonable regard for the vessel size and distance, as well as port and tourist structures present along the coasts. The delivery of the vessel
takes place, the date and time stipulated in the contract. The time required for clarification on how to use the vessel, falls within the contract period.
The delivery obligation becomes effective and enforceable by the lessor after the lessee has paid the entire amount of the hire, has paid the security
deposit and has signed the inventory.
5) OBLIGATIONS OF THE LESSEE: The lessee is responsible for the vessel, for all intents and purposes of law for the entire period specified in
this contract, and he/she, in particular, is required to use the vessel with particular caution, care and diligence, in compliance with the stipulated
contract and according to the specifications of the vessel documents and to perform all obligations under this contract during the period of the
lease. The lessee, who intends to navigate outside of the recommended area, must equip himself/herself with detailed nautical charts for areas
where he/she intends to go. The lessee also undertakes to return the vessel in the date, the place and the time, in the condition as when he took
possession, with the same characteristics and suitable for the same use, with all the accessories, equipment, fittings and documents received from
the lessor at the time of delivery. The lessee expressly agrees to: 1) use the vessel for himself and for the crew, and notes that it is forbidden to
transport goods and passengers, and any other kind of business or economic activity; 2) respect the minimum number of crew members, and the
maximum number of persons carried on board; 3) use the vessel exclusively within the competence of his/her qualification or of a person
designated; 4) does not participate in regattas or other nautical events even non- competitive; 5) not ask to be towed or to tow any other unit except
in the case of absolute emergency, 6) comply with the prohibitions of the Port Authority for bad weather or danger at sea, but in any case
not navigate the sea of more than four and all the times when the weather bulletins inform or forecast situations dangerous for navigation.
Any breach of this obligation will result in the assumption of the lessee's liability for any damages suffered by the vessel; 7) anchor the
vessel off the coast in a safe position and to maintain a continuous control, without ever abandoning it, if at anchor; 8) lead the vessel with sails
appropriate to the force of the wind, so they do not suffer damage; 9) do not keep any animals on board, 10) do not use any material that might
damage to clean the outside and inside of the vessel; 11) Do not use the engine above 2,000 rpm / min, the breach of that obligation, unless using
engine at more than 2,000 r / min for short periods if necessary, will result in the forfeiture of the deposit by the lessor without prejudice to the right
to request additional damage after verification of the engine by a service technician, 12) with the present contract, the lessee undertakes to use
the vessel leased for recreational use only, to navigate over 12 miles and fill out the logbook. All costs relating to the use and consumption of the
vessel and in particular fuel, lubricating oil, water, electricity, cost of port charges, customs, service and / or mooring in private ports and any radiotelephone costs are charged to the lessee. The lessee agrees to attend the vessel, in order to keep the accessories and the interior thereof and
return her clean and in excellent condition. The lessee also undertakes to carry out the usual maintenance and will consequently be held liable for
any damage arising from failure to comply with this obligation. The lessee can only take on his/her own, without spending the name of the lessor,
any obligations relating to the vessel, which has to contract with third parties, with the result that those obligations will be fulfilled exclusively by the
lessee. The lessee is required to pay to the Lessor all amounts that he has to pay to third parties for illicit deeds committed by the said lessee, the
latter will not be entitled to raise any objection whatsoever. 13)Enabling the command.-The lessor is not required to verify all nautical skills
declared by the lessee. If the lessee, whilst boarding, show himself unable to command, at lessor incontestable judgment the contract will be
terminated automatically and the price paid by the lessee will be retained by the lessor as a penalty. Where there is the possibility, the lessor can
require the presence on board, at the lessee expense, a skipper of experience. In case of refusal of the lessee to take on the skipper, the contract
will be terminated and the price paid by the lessee will be retained by the lessor as a penalty. 14) The lessee is subject to all the legal obligations
and duties of the post of "Commander of the vessel." At the request of the lessee and / or the skipper are required to declare in writing their nautical
skills. The lessee is required to know and comply with the laws and regulations on recreational boating in force in the cruise. By signing the lease
proposal, the lessee expressly releases the lessor from any liability arising from the breach of the laws and regulations mentioned above. As at the
start of the lease, the lessee must be at least eighteen years of age.
6) DAMAGE, DAMAGE, ACCIDENTS, REPAIRS: In the event of damage, breakdown or accident, the lessee must notify the lessor, he/she may
continue navigation only if this will not aggravate the damage or injury to persons and the vessel. He/she cannot perform any repairs without the
prior permission of the lessor. The expenses necessary for the repairs are charged to the lessee and will be refunded only if the cause cannot be
attributed to him/her, as provided in this agreement. To safeguard the rights of the lessor, he can keep the deposit, until the full assessment of that
liability, without any obligation to pay any amounts in respect of interest, damages or other. If the vessel, without liability of the lessee, suffers
damages which may prejudice its full use for more than 12 hours, the lessor will be required to allow the lessee to recover those hours not used,
excluding any other form of compensation and / or refund. This recovery will take place, in agreement between the lessee and the lessor, at the
end of the period, or through the establishment of a credit note to the next location, taking into account the commitments already scheduled for the
same vessel. No repairs and assistance can be claimed by the lessee outside the time period that goes from 8.00 to 20.00. It is understood that
the cost of repairs and assistance, not chargeable to the lessor, as provided in this agreement, shall be paid by the lessee to the normal hourly rate
prevailing in the market, plus materials. The above warranty – that is the recovery of the hours not taken, still excluded any right of the lessee to
compensation and / or refund – does not include failure to echo sounder, log, refrigerator, autoclave , dinghy, outboard, anchor winch electric or
manual, stereo, and any other equipment or equipment not included in the second paragraph of this article. Any claims for cases permitted shall
be carried out by the lessee to the lessor at the time of delivery of the vessel and within the same day.
7) SAFETY EQUIPMENT AND VERIFICATION: the vessel carries board equipment allowing sailing within 50 miles.
8) INSURANCE: the vessel is fully insured: a) with a fully comprehensive policy for the Mediterranean, up to a total loss, this policy has a franchise
that is covered by the deposit of the lessee, b) with a policy of third party liability, mandatory under the applicable law, for damages involuntarily
caused to third parties during navigation or standing in water; this insurance does not cover: loss or damage to
lessee’s and crew belongings, all damages and compensation due under Art. 9. In any case the lessee is responsible for damage of any kind are
not eligible for compensation by the insurance for the fault of the lessee as well as deposit.
9) VESSEL RETURN, TERMS COMPLIANCE: the lessee, if the end of the lease is scheduled in the morning, undertakes to return to the port by
18.00 hours on the day prior to the date set for the return, and punctually return the vessel at date, time and port defined after having done a
comprehensive internal and external cleaning, as well as the tiding of all the equipment and provisions as set in the checklist signed at boarding.
The final cleaning by the lessor is understood as "sanitation and sterilization" of the interior. The return of the vessel not cleaned and / or in disorder
will result in a charge of € 150.00 (one hundred and fifty/00 euro). The lessee is responsible for the failure to return to the lessor, even in the case
of fortuitous event, force majeure or breakdown. The cruise itinerary must therefore be planned in such a way as to allow the return of the vessel
on time, bringing forward the return in case of bad weather. For breach of this obligation, the lessee shall pay the owner a sum of money equal to
the weekly hire of the same vessel in that period, and to refund all the economic damage caused by the delay, such as board and accommodation
on the ground to the next lessee and his crew. It is considered delay to all effects the delivery of the vessel in port other than that defined for return.
In this case are charged to the lessee all the expenses resulting from the transfer of the vessel at the port of return.
10) DEPOSIT: Failure to pay the security deposit determines the termination of this contract and the lessor has the right to hold as a penalty the
amounts paid to him by the lessee for the lease. The deposit will be returned after finding that there are no damages, breach of contract and
obligations contracted during navigation. The limitation of the economic responsibility of the lessee to the deposit concerns only material damages
caused to the vessel, while for others, and various damages the lesser has the full right to require the lessee, who will respond with all of its assets,
the integral compensation amount of damages.
11) SKIPPER: the skipper is the captain of the vessel, responsible for it and for the crew for everything related to navigation, its management,
docking manoeuvres, and anything else relating to the duties of a good and experienced commander; the contract must be signed by the skipper,
in case he/she is not the lessee, he/she must sign this contract with the lessee expressly as skipper. The lesser has the right to ask the skipper a
boat license, if he/she has not this license, or if it is insufficient, or if his/her knowledge and skills are not, in lesser sole opinion, sufficient for the
type of vessel and for the safety of persons on board, the lesser, if the lessee does not find another suitable skipper, may refuse to lease the vessel,
holding 100% of the tariff and the contract will be considered terminated as of right. In the case of skipper found by the lesser at the request of the
lessee, it is expressly declared that the lesser merely provides the contact between the lessee and the skipper, and that the lesser is therefore
entirely extraneous to business relationship between them; according to traditions, the skipper's meals are charged to the lessee. In the case stated
above, where the lessee does not coincide with the skipper, the skipper will respond directly to the lessor for any damages or failures related to his
duties as stated at the beginning of this article, being charged to the lessee the remaining liability.
12) BREACH OF CONTRACT: the lessee and / or the skipper (for what apply to him/her) are directly responsible for any breach of this contract.
The same shall undertake, jointly, to indemnify the lessor from any claim advanced by anyone in respect of him for any event occurring during the
use of the vessel or as a result of the same. In the event of seizure or detention of the vessel, for reasons attributable to the lessee, the latter must
pay to the owner a compulsory contractual indemnity corresponding to the lease rate in force for the duration of the seizure and / or stop.
13) GOVERNING LAWS AND REGULATIONS: The relationship between the parties hereto only relates to the lease of the vessel and is therefore
regulated, although not expressly stated in this agreement, by the legal framework provided for the lease of assets by the Code Civil and Navigation
Code.
14) EXCLUSIVITY AND VALIDITY OF THIS AGREEMENT: This Agreement is the only valid to conduct a vessel of the Charter company any other
contract signed by the lessee to conduct the same vessel, drawn up by brokers or agencies, is void and unenforceable anyway to society. Possible
invalidity of individual provisions of this contract does not involve the nullity of its total. Any agreements departing from the present charter party
must, under penalty of nullity, be in written form.
15) DISPUTES AND EXCEPTION TO THE EXCLUSIVE JURISDICTION: for any and all disputes relating to this contract, the Court of La Spezia
shall be the sole forum
16) FORMATION OF THE CONTRACT: The parties hereto declare that they have carefully examined this Agreement and that each clause has
been specifically agreed.
