GENERAL CHARTER CONDITIONS
- CHARTER PARTIES. In this contract the owner will be named hereinafter “lessor”, the client (lessee according to the Civil Code) will be named “Charterer” if entitled to conduct the boat or “Co-Charterer” if not entitled to conduct the boat
- CESSION OF CONTRACT. The Charterer is not allowed to sub hire the yacht described above or to cede any rights derived from the present contract.
- SECURITY DEPOSIT. The non payment of the security deposit brings about the legal resolution of the rights of the present contract and the Lessor is entitled to retain the amounts lodged by the Charterer. The security deposit will be returned after the establishment that no damages have been included and that no contractual violation or obligations contracted in navigation have occurred. By the way, the pre-authorized amount will be blocked for at least 14 days after the charter ends. If damages of a higher amount than the deposit itself are established the Charterer must pay for these damages till the amount of the deposit itself.
- OBLIGATIONS OF THE LESSOR. The Lessor must deliver the vessel with all accessories, in a state ready to sail, complete with gear and safety equipment and navigation documents, as well as all that is necessary to make the said vessel seaworthy and able to be used for said purpose. The Charterer and/or Skipper shall at the moment of delivery underwrite an inventory list of equipment once ascertained. With underwriting of inventory they expressly confirm to have received vessel in a good and sound seaworthy state fit for meant purpose. It follows that they cannot bring forward any claims and the Lessor is free of responsibility in this regard. The Lessor shall exclusively supply the nautical charts covering " recommended sailing area" considering the yacht size, the distances and the various ports along the coast. Said “recommended sailing area” comprises Sicily and South Tyrrhenian sea. The delivery of the vessel will be undertaken at place, date and time as laid down in the contract. The time necessary for the explaining of the directions of use is included in the charter period.
- OBLIGATIONS OF THE CHARTERER AND CO-CHARTERER. The Charterer shall assure to have experience, knowledge and skills in running the yacht described above, in particular he has to use it with prudence, skill and care and in accordance with the technical characteristics as laid down by the documents on board as well as to carry out all obligations undertaken by the present contract during the period of the charter. The Charterer and/or the Skipper are responsible for the yacht for all legal purposes, for the entire period shown in the contract.
The Charterer or the Skipper who sail out of the "recommended navigation area" must procure the necessary nautical charts of the areas which he/she intends to sail.
The Charterer and/or Skipper undertakes to return the vessel in the condition in which it was received with accessories, equipment, and documents received from the Lessor on date and time agreed upon. The Charterer and/or Skipper undertake expressly to: 1) destine the use of the vessel exclusively for on self and crew and not to carry cargo or passengers undertaking commercial activities; 2) to respect the maximum number of passengers allowed; 3) to use the vessel exclusively in the areas allowed by the sailing license of the Charterer and/or Skipper; 4) not to take part in regatta' s or nautical shows of any kind; 5) not allow to be towed or to tow other vessels unless in a situation of absolute danger subject to the authorization of the Lessor; 6) to respect the restrictions of harbour authorities in case of bad weather or danger; in all cases not to sail with sea conditions worse than force six and also every time the weather forecast predicts, at short notice, dangerous sea conditions for navigation. The violation of such conditions will imply the acceptance of the Charterer and/or Skipper of all responsibility, of all eventual damages to the vessel; 7) to anchor the vessel along the coast in a secure position and to exercise continual control; 8) to sail said vessel with sails appropriate the wind strength in such a manner that no damage occurs; 9) not keep animals on board; 10) not to use any cleaning materials for interior and exterior cleaning that will cause damage; 11) The Charterer shall pay all the expenses concerning usage and consumption of the yacht during the charter period and in particular for fuel, oils, water, electricity, harbour fees and dues, anchorage and mooring dues, local and custom taxes, pilotages, employment of radiotelephonic equipments on board.
The Charterer binds himself to take care of the vessel, of its inside comprising all equipments and to redeliver it in the same conditions as at delivery. The Charterer binds himself furthermore to do the usual maintenance of the yacht and will be hence responsible for every damage occurred to the yacht owing to the negligence of those obligations. The Charterer could assume only by himself, and not in the name of the charter company, the eventual obligations related to the vessel which he would have to agree with third persons, those obligations will be hence exclusively carried out by the Charterer. The Charterer must reimburse to the Lessor all the amounts paid in case by the latter to third persons due to illegal facts carried out by the Charterer during the charter period with no right for the Charterer for exceptions.
- FAILED DELIVERY. Before the start date of the charter period, if the Charterer, for reasons not due to his will, is not able to honour this contract, he has to inform immediately in writing the Lessor who will be entitled to retain all the payments already made, with no right for the Charterer to damages.
If the Lessor will be able to stipulate another contract to hire the yacht for the same period, he will return to the Charterer all payments received, deducting the possible smaller amount gained (if the new contract conditions are worse than the first ones) and all expenses incurred for this charter and the new one. If the Lessor is not able, for reasons not due to his will, to deliver the yacht described above it can be replaced by another one with similar or better characteristics, according to the discretion of the charter company. If the yacht is replaced by another yacht with inferior characteristics the charter company shall reimburse the Charterer of the difference between the amounts already paid and the price list of the latter.
- RETURN OF THE VESSEL TERMS. The Charterer undertakes to enter the redelivery harbor within 18.00 on the day before the agreed disembarkation day and to return the vessel at prefixed date and time, with having already refilled the fuel tanks and provided for the fulfilling of all obligations of the charter. The charterer is responsible for not returning the yacht even owing to damage or accident or force majeure. In case of skipper hire, the hired skipper is fully responsibe for any damage or accident that is a direct result of boat maneuvering.The cruising itinerary must be planned in such manner to consent the return of the vessel at the agreed time, taking into account the possibility to deliver the yacht before in case of adverse weather conditions. If the charterer cannot fulfill these obligations, he shall pay to the lessor a penalty equal to twice the daily hire rate for each day or fractional part of the day exceeding two hours until the redelivery will be effected, besides to pay all damages due the delay itself such as accomodation costs of the successive crew on shore. At the redelivery of the vessel a check-out will be done on board to verify that the conditions of the vessel and equipment are the same as at the delivery of the boat, as reported on the check list signed at embarkation.
- DAMAGE, ACCIDENTS, REPAIRS. In case of damage or accident or failure the Charterer and/or Skipper must immediately inform the Lessor. Navigation can only carry on if a further navigation will not cause more damage or put crew in danger. No repairs can be undertaken without THE AUTHORIZATION OF THE LESSOR. The expenses necessary for the repairs will be advanced by the Skipper and/or Charterer and these will be reimbursed only if the cause of said damages have not been caused by Charterer and/or Skipper, as laid down in this contract. To safeguard one's own rights the Lessor will retain the security deposit. When the vessel has breakdowns to motor, transmission inverter, running and fixed rigging, sails, batteries and alternator not due to negligence of Charterer and/or Skipper and this causes prejudice to the full use of the vessel for more than 12 hours, except the first night after the accident, the Lessor shall only be liable to consent to the Charterer to make up the hours not enjoyed retaining all rights to other forms of reimbursement. Such reimbursement will take place, at the discretion of the Lessor, at the end of the charter period or through a credit note for subsequent charter. Monetary reimbursement is expressly excluded. It is specified that such guarantee is considered only if the breakdown has occurred in the "navigation area advised" and it follows therefore that such guarantee is excluded every time a breakdown occurs outside the "navigation area advised". No repair work or assistance can be expected by the Charterer and/or Skipper in the time period between 20.00 and 08:00. It is understood that the expenses for repairs and assistance not payable by the Lessor, as laid down in this contract, must be paid by the Charterer and/or Skipper at the current market rates, plus materials. The hours not enjoyed are not to be made up, considering the absolute exclusion of all rights of reimbursement for the Charterer, when following damages occur to: echo-sounder, boiler, log, fridge, bilge system, tender, outboard, anchor windlass, hi-fi, autopilot and every other equipment not necessary for navigation. The eventual requests for reimbursement must be made by the Charterer and/or Skipper directly to the Lessor at the moment the vessel is returned or within the same day. If this period lapses or the claim is made to persons other than the Lessor the Charterer and/or Skipper will forfeit all reimbursement claims.
- INSURANCE. The vessel is delivered insured with a full cover policy (KASKO), for total loss in the Mediterranean; this insurance policy is covered by the security deposit or by the non-refundable security insurance paid by the Charterer. The vessel has an insurance policy which covers towards third parties, this insurance cover being compulsory by law, for involuntary damages caused to third parties during navigation or by lying idle; The insurance does not cover: the loss or damage of the Charterer’s possessions or those of the passengers. In any case all damages not eligible for compensation by the insurer are the responsibility of the Charterer and/or Skipper if said damages are caused by the actions of fault, let alone those exempted by the insurance policies (lack of vigilance and custody of the goods and board stuffs, including dighy and outboard motor, f.e. theft).
- ADJOURNMENT TO THE NORMS OF LAW. The present contract regards the only chartering of the boat and can be hence referred, when not expressly covered by this contract, reference is made to the current legislation. Where the present contract has been translated into another language, the text in Italian will be considered predominant for interpretation purposes or in case of discrepancy of the relative texts.
- REGISTRATION EXPENSES. Eventual registration expenses of this contract or whatever other expense will be for the party which has made them necessary are to be charged to the Charterer.
- DISPUTES, ARBITRATION CLAUSES, COMPETENT LOWCOURT. All disputes deriving from this contract, including those regarding it's validity, interpretation, execution and resolution, will be referred to the Tribunal of Reggio Calabria
-CONTRACT SIGNING. The present parties agree upon the terms of this contract and declare to have examined it and that every single regulation has been specifically agreed.
