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. 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 (the fuel expense is quantified by calculating between the hours of motor during the period of the charter and hourly consumption of each motor reported on the navigation boat license), oil, water, electricity, harbour fees and dues, anchorage and mooring dues, local and customs taxes, employment of radiotelephonic equipments 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. In addition to the charter fee, you will also be asked to pay an APA (Advanced Provisioning Allowance). This is given to the yacht in cash prior to your charter to allow the captain to buy fuel, provision the yacht with food and drink as per your demands, and cover any other expenses relating to the cost of your charter (including fuel for RIB or other tenders or jet skis, fuel for generators; consumable stores; berthing dues and other harbour charges away from the yacht's own berth, including pilotage fees and charges for water and electricity taken from the shore; laundry, telephone, fax or telex via radio or Inmarsat). At the end of the charter, the captain will produce full accounts of all expenditure. You will either be refunded any money not used or asked to pay any additional costs not covered by the APA.
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 conseguence
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, equipments, safety equipments and navi- gation 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 accessoires 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 clays 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 cornunicated in writing to the Lessor and the contract will be considered rescinded.
6. USE OF THE YACHT AND RESTRICTIONS: The Charterer commit himselfto use the yacht exclusively for pleasure cruising between safe and sicure 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 shall undertake: 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 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 dipositions of harbour, 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 dangerus or when vessel or crew conditions are such as to affect the safety of the vessel and their guests; The decisions of the commander are unquestionable;g) not to give sailing lessons; h) not to keep any kind of animals on board; i) 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; l) not to keep fire-arms or drugs on board, even for personal use.
7. COSTS TO BE BORNE BY THE OWNER:The Owner shall bear all costs relating to maintaining the Vessel in full working order, in particular in relation to the hull and engines.
COSTS TO BE BORNE BY THE CHARTERER:The Charterer shall bear the costs relating to the use of the Vessel for the charter period and in particular the following items :fuel and lubricating oil;water and electricity; port, anchorage and mooring fees and charges ( including first and last night); customs and local duties; pilotage; food and drink for himself, his guests and crew, laundry; costs consequent on the use of radio/telephone equipment on board.
8. COMMAND OF 'UNIT': The Capitain together with the crew, will offer the usual services to the charterer and his guests with all the means available on board. The commander adheres to the cruise program (within the navigation area agreed limits) suitable weather conditions, which will be its exclusive competence and unquestionable evaluate.
In relation to the use of sports / recreational equipment on board, the capitain has a duty to limit and / or exclude the charterer and his guests to use these when, at its sole discretion, are not able to operate the equipment safely with respect to themselves or others.
If the charterer or any guests do not comply with the terms of the clauses 6 and 8 and if this behavior continues, the commander, in consultation with the owner, have the right to operate the boat to the port agreed to redelivery. On the return will result in the termination of the Charter; in this case the lessee shall not be entitled to any refund.
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 previosly 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 redelivery. 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. REDELIVERY AND OBSERVANCE OF THE TERMS: The Commander must tie the boat to the port established for the return Not later addition on the day and time Name Established by this agreement, any delays attributable to the charterer will be charged to the latter. The Shipping Costs Unit or transfer the port of redelivery will be a load of the lessee provided he decides to land in a different port from established.
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 his 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. It can be paid in cash or by credit card. In this second case, please note that not be a block of the amount, but a withdrawal. The owner will not be responsible for any loss of money to the unfavorable exchange rate.
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.RESPONSIBILITY FOR MINORS: Where there are minors on board, the Charterer shall have complete responsibility for their safety, behaviour and entertainment. No member of the crew shall therefore be held responsible for their safety or entertainment.
16. HEALTH OF THE CHARTERER AND HIS GUESTS:Due to its nature and structure, the Vessel may be inappropriate for disabled persons with particular physical handicaps or who are undergoing particular medical treatment.By signing this Contract the Charterer warrants the good health of himself and his guests prior to embarkation. For these reasons it is necessary to ask permission before holding disabled people on board
17. FORCE MAJEURE:For the purposes of this Contract force majeure means, as an example only, and not exhaustively, any cause attributable to acts, facts, events, omissions, incidents or acts of God outside the reasonable control of the Owner or Charterer (including, but not limited to strikes, shut-downs or other company disputes, popular uprising, revolution, invasion, war whether or not declared, fire, explosion, sabotage, requisition, piracy, storm, collision, grounding or other sea incidents not the responsibility of the Owner or the Charterer).
18. 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.
19. 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.
20. REGISTRATION COSTS: Any possible registration costs of this charter party and any other costs relating to it will be charged to the requiring Party.
21. 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 Milano (Italy). The Arbitration board will decide as friendly composer with all kind of freedom of procedure.
22. 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.