1. Boat management:
Boat management can be assigned either to the Owner or the Charterer as reported on the contract. The boat owner, however, has the right to chose as skipper a different person, possessing all the legal requirements to fulfill the job, than the one reported on the contract, only in case of real impossibility for the original chosen person to manage the boat.
2. Contract subscription periods:
The Charterer subscribes this contract at the time of the first payment for the tour chosen or otherwise agreed by exchanged emails.
3. Responsibility of boat’s management:
At the contract subscription time, the Charterer and the Owner will agree whether the skipper will be the Charterer or the Owner.
In case of any damage to things or people, caused by fault or negligence of the skipper, the skipper will be the sole responsible for passengers’ security and boat’s safeguard.
4.Owner’s obligations:
The Owner delivers the craft and her pertinence in the departure’s harbor, at the agreed date and time, in a seaworthy condition, complete with accessories, fittings and safety equipment and with her navigation documents, together with all that may be necessary to render the craft in question seaworthy and to allow her to serve the stipulated use. The Owner will provide a skipper for the boat if this is part of the agreement.
The skipper is obliged to ensure that every passenger maintains a proper behavior and avoid any nuisance to other passengers. The Owner ensures that the boat is covered by a civil liability insurance policy for all the period of the tour.
The Owner does not give any warranty about the use of the boat and its accessories in case of bad weather or unsuitable for navigation. The skipper will ensure that the boat navigates always to safe harbors and moorings within the limits of the agreed tour area.
The boat is covered by: 1) a fully comprehensive insurance covering up to the total loss of the boat, the insurance deductible is covered by the insurance deposit left by the Charterer; 2) a civil liability insurance to third parties which is compulsory by current laws. These insurances don’t cover: damage or loss of Charterer’s and other passengers’ goods; all damages and compensations due if the boat is left in a different harbor than the agreed one or at a different time or day than the agreed one. In any case, the Charterer must compensate any damage caused by fault or negligence not cover able by the insurances and the insurance’s deductible.
The insurances will cover fire damages to the boat and its accessories, collisions and damages to third parties. The insurances will not cover any loss or damage to the Charterer or to any other passenger or their personal goods without the Owner permission.
The cruise itinerary can be changed by the skipper according only to his/her own judgment based on the weather conditions or any other technical, navigation and mooring needs. The skipper can take any decision he/she believes needed to ensure safety of navigation and can make any required changes to times and ways of navigation as well as the destinations should any of them result difficult or impossible to be reached. No compensation can be requested by the Charterer or any passenger for the aforementioned decisions.
All passengers are boarding with full awareness of the risks and hazards involved on a sailboat cruise. In the event of an accident independent from the skipper’s responsibility, the injured person can’t request any compensation to the Owner, therefore it is suggested to stipulate a suitable personal insurance
5. Charterer’s obligations:
Every passenger is required to inform the skipper, before boarding and in a strictly confidential way,of any health problem, allergies to food or medicines, any movement impairment, any other special needed if they can not swim.
Every passenger must accept any decision taken by the skipper in order to assure everyone’s safety, respect any possible assigned position on board and wear life jackets in case of need.
Every passenger expressly undertakes to avoid any kind of commerce, to not bring any weapon, explosive and drugs on board, not even for personal use.
In the event that any passenger should infringe any law or current regulation that causes any damage to the Owner or any other passenger, he/she will be required to refund the Owner for any incurred loss, damage or charge. Any such event is a sufficient reason to break the subscribed contract and the immediate disembark of the responsible person.
Every passenger should embark bringing only limited and essential luggage made of soft, space-saving bags, fordable to be stowed easily on board.
Every passenger is exclusive responsible for his/her own luggage and goods and any damage, loss, or theft that should occur to them.
Every passenger is responsible for the damages he/she should cause to the boat and its accessories for his/her culpable or malicious behavior or contrary to the skipper’s provisions.
It is not permitted to smoke on the deck. It is permitted to smoke on the cockpit only when the boat is not in navigation and taking all the necessary precautions not to damage the boat and its accessories and not to cause any nuisance to other passengers.
It is not permitted to bring spirits on board, as well as to bring animals, unless otherwise agreed with the skipper.
The Charterer may not grant any use of the boat to third parties, nor concede to third parties any other right granted by the contract.
The Charterer is the only responsible for any damage, loss or theft to the dinghy and its outboard motor, caused by omitted or insufficient custody or by misuse or improper use of it.
The Charterer that wants to navigate outside the recommended area must have detailed nautical charts of the zones in which he/she intends to navigate.
The Charterer undertakes to bring back the boat in the place and time previously agreed with the Owner, in the same state as it was previously given, together with the same accessories, documents and any other equipment that was present when the boat was given by the Owner.
The Charterer expressly undertakes:
1. to destine the boat solely to himself and the crew and takes due note that the carriage of goods and passengers is forbidden as is any other type of commerce or financial activity;
2. to respect the minimum crew requirements as well as the maximum number of persons who may be carried on board;
3. to use the boat solely within the scope of his qualification or that of the designated skipper;
4. not to participate in regattas or nautical manifestations of whatever nature;
5. not to request to wage or to tow another unit except in the case of absolute emergency;
6. to respect Port Authority orders in respect of bad weather or danger at sea; in any case to refrain from sailing with seas greater than force six and each and every time that the weather bulletins inform or forecast situations dangerous to navigation in the near future. Any breach of this obligation will result in the Charterer undertaking liability for any damages suffered by the craft;
1. to anchor the boat off the coast in a safe position and to maintain a continuous surveillance;
2. to sail the boat with sails appropriate to the force of the wind so that they do not suffer damage;
3. to refrain from keeping any animals on board (if not otherwise agreed);
4. to refrain from using any materials for the outer and inner cleaning of the boat which might damage it;
5. to turn the engine off when the boat’s trim is greater than 15°;
6. to contact the Owner at least once a week communicate the boat’s position;
7. by virtue of this charter contract, the Charterer undertakes to use the chartered craft solely for pleasure purposes.
6. Damages and averages:
In case of any damage or average that requires a forced stop of the boat to be repaired, the Owner undertakes to make the stop period as short as possible.
If the stop period doesn't exceed 48 consecutive hours, the Charterer and any other passenger can not require any compensation. Otherwise, the Owner will refund an amount proportional to the hours or days of stop.
7. Navigation area:
The area of navigation will be the one agreed at the time of reservation or otherwise agreed by email between the Charterer and the Owner.
Any possible variation of the itinerary are possible at the discretion of the parties but they can't change the price of the cruise.
8. Agreed price and expenses:
All costs relating to the use and consumption of the boat, and in particular fuel, lub-oil, water, electricity, port, customs, service and/or mooring taxes/fees even in private harbors, as well as any radio-telephone costs will be for Charterer’s account.
The Charterer must provide for the skipper's food, and the skipper will conform to participant’s caboose.
The Charterer undertakes to take care of the boat, to keep its accessories and furnishings in order and to redeliver it clean and in excellent condition. The Charterer also undertakes to carry out the usual maintenance work and will consequently be held liable for any damages deriving from a failure to comply with this obligation.
Any obligations relating to the craft contracted by the Charterer with third parties must be assumed in the Charterer’s name and the Charterer will remain the sole party liable for the fulfillment of any such obligations.The Charterer must refund to the Owner all and any amounts which the latter may have to pay to third parties consequent to illicit deeds committed by the said Charterer and the latter will not be entitled to raise any objection whatsoever.
Comprised in the agreed price there are: bimini, spray hood, dinghy, LCD TV set, cooking gas, free mooring for first and last night at Capo D’Orlando harbor, initial cleaning cost.
In the event of bad weather condition that should delay the departure or anticipate the return to the harbor, no liability can be held to the skipper, and therefore no refund can be requested to the Owner.
The agreed price doesn't comprise any mooring or food cost and anything else not expressly mentioned.
The Charterer undertakes to pay for himself and every other participant, the total sum of ….. euro.
9. Payment method:
50% of the total agreed sum must be paid by bank transfer at the time of subscription of the contract
The remaining 50% of the agreed price must be paid by bank transfer at least 30 days before the departure date.
Failure to pay the security deposit will result in the automatic cancellation of the charter party hereto and the Owner 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 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 craft, and the Owner 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.
10. Withdrawal from or premature end of the contract:
In case of withdrawal, for any possible reason, of the Charterer, who must inform as soon as possible the Owner, the already paid amount (either 50% or the total) will be refunded only if the boat or the reserved places are successfully sold to others.
There will be no refund if the withdrawal is not communicated promptly or if it happens too close to the departure date.
In case the Charterer wants to interrupt the cruise and return the boat ahead of the end of the cruise, the Owner is not obliged to refund any proportional amount of the cruise price.
It is strongly suggested to stipulate an insurance policy to cover the unexpected impossibility to start the cruise at the time of the reservation of the cruise itself.
In case of withdrawal of the Owner, for reasons of force majeure , the Owner will, if possible, propose an alternate boat that won't require any change of departure and arrival times and places, or the Charterer can chose to have a full refund of the amount already paid without asking for any penalty to the Owner.
11.Penalties and liability:
The Charterer is the only responsible for any fine and/or penalty due to violation of any navigation or mooring limit.
The Charterer is also responsible for any damage consequent the command or conduct of the boat under the effect of alcohol or any other drug.
12. Disputes and exclusive derogation from the competent forum:
The relationship between the parties hereto involves only the charter of the boat and in respect of any matters not expressly established in the present charter party said relationship is therefore governed by the regulations of the Italian Civil Code and of the Code of Navigation relating to the hire of mobile properties.
13. Privacy protection:
The data provided on the occasion of this contract will be stored and processed by the Owner exclusively for contractual and accounting purposes, in full compliance with the code concerning the protection of personal data referred to in Legislative Decree n. 196/2003.
