GENERAL CHARTER CONDITIONS
CLAUSE 1- AGREEMENT
With this contract the Lessor agrees to lease the units specified above Lessee and not to enter into any other agreements relating to the lease of the unit for the same time period. The Lessee agrees to rent the unit and pay, in the manner prescribed in this contract, the rent, the deposit and any other expenses agreed no later than the dates specified in this agreement.
CLAUSE 2 - TECHNICAL DATA UNIT
The Lessor shall ensure that the unit will have the features and facilities listed in this agreement.
CLAUSE 3 - MISSING PAYMENTS
In case of non-payment of dues in the manner and within the agreed time, this contract shall be deemed terminated, with the consequent right to the Lessor to claim damages. Failure to pay the balance of the rent and/or the payment of the deposit in the manner and within the agreed time, legitimize the Lessor to call for the termination of this contract, by simply sending the Lessee a written communication containing the complaint of non-compliance and the declaration of its intention to invoke the above mentioned option. In this case the Lessor may withhold all payments received and is entitled to additional damages.
CLAUSE 4 - DELIVERY
The Lessor undertakes to use all reasonable efforts to deliver the vessel to Lessee at the port and on the pre decided day in a seaworthy condition and in its entirety, provided with adequate equipment, supplies, appliances and accessories as well as documents and safety equipment required by law. In case the Lessee wants to take over the vessel at a port other than the one agreed, the Lessor will consent to the transfer of the vessel at the expense of the Lessee, despite it being understood that the effective date of the lease will start in the harbour and within the time specified in this contract.
CLAUSE 5 - DELAY IN DELIVERY (by the Lessor)
Where the Lessor, for any reason not dependent on force majeure, is not able to make available to the Lessee the unit in the port and on time, but has the ability to deliver another vessel of similar characteristics within 48 hours, it shall be obligated to repay the Lessee its daily lease amount for the period during which the possession is not enjoyed. Where delay would extend beyond that period, the Lessee will have the right to: terminate this contract, provided that it is communicated to the Lessor in writing within the next 24 hours (in this case the Lessor shall immediately return the amounts already paid to it by the Lessee) or to confirm the lease; in which case the fee runs from the date of actual takeover of unity, notwithstanding the expiry of the contract unless agreed otherwise.
CLAUSE 6 - ONBOARD INVENTORY
The Lessor (or his representative) and the Lessee before delivery and redelivery of the unit must prepare a report listing the on board inventory and kinds of on board consumption which exist. The unit will be delivered possibly with full fuel and must be returned with a full tank of fuel. If the boat was not delivered with a full tank of fuel, this information must be recorded at the time of taking inventory during completion of border formalities during delivery. If the boat is not returned with a full tank of fuel, the same will be charged to the Lessee according to the calculation of engine hours multiplied buy a fixed amount. Any shortage and/or breakage, found upon return, will have to be repaired or paid for according to the price indicated in check list by the Lessee.
CLAUSE 7 - WAYS AND LIMITS ON THE USE OF UNITS - BANS
The Lessee is required to use the unit with special care, according to the technical features resulting from the navigation license and using the same exclusively for the purposes of pleasure, between ports and safe landings and where the unit may enter, remain in and head out safely (always floating), within the limits of the cruise (see details of the lease). This area cannot in any circumstances include nations involved in armed conflicts, military operations, revolutions and civil motions. In particular, the Lessee will not undertake the transport of passengers and goods, they make any kind of trade, cannot carry drugs (not even for personal use), weapons or other objects and documents on board whose possession and/or possession are not allowed by countries in which the unit will be located. The Lessee must also comply with the minimum number of persons on board and will leave the mooring when navigation is prohibited by the relevant authorities and/or when the weather and sea conditions and/or the status of the unit is likely to affect the safety of people on board and/or the unit itself. The unit cannot be used, without prior written consent of Lessor, in races or other competitive events, be engaged in dangerous water sports that might compromise the security and integrity of the unit. The Lessee and/or any person on board will not keep any animals on board. The Lessee expressly undertakes to not use any materials for cleaning the exteriors and interiors of the boat that could cause damage, to turn the engine off when the boat's trim is greater than 15 °, to equip himself, if not on board, with the detailed nautical charts of the areas of navigation with appropriate measurements for proper navigation. The Lessee is committed to treating the boat, in order to keep the accessories and the interiors of the same in good conditions, and return it in decent cleanliness and order conditions. The Lessee also undertakes to carry out the usual maintenance work and will consequently be held liable for any damage resulting from disregard of that obligation. The Lessee may, on his own, assume, without using the name of Lessor, any obligations, concerning the boat, which involve entering into contract with third parties, with the consequence that those obligations must be fulfilled by Lessee only. The Lessee shall reimburse the Lessor any amount that has to be paid to a third party for illicit deeds committed by the said Lessee, without the latter having to raise any objection whatsoever.
CLAUSE 8 - PERSONAL DOCUMENTS
The Lessee shall work to ensure that all persons on board the unit at the beginning of the lease are in possession of passports or documents and visas and agrees to execute and deliver to the Lessor the complete list of personal documents of the crew for the recognition by the authorities of public security.
CLAUSE 9 - RESPONSIBILITY FOR CHILDREN
In case of presence of minors on board, the Lessee will be fully responsible for their safety and conduct.
CLAUSE 10 - HEALTH OF THE GUESTS OF THE LESEE
The unit, by its nature and structure, might be inappropriate for people with certain physical disabilities or those under medical treatment. With the signing of this contract the Lessee guarantees the good health of its guests and that of the Lessee before boarding.
CLAUSE 11 - RETURN (by the Lessee to the Lessor)
At the end of the lease the unit must be returned by the Lessee to the Lessor in the pre decided port and on time, under the same conditions of use in which it was delivered at the beginning of the contract, except for normal wear and tear resulting from ordinary use, free of restrictions and encumbrances of employees from obligations assumed by the Lessee. In case of damage to the furniture, equipment and kit on board, the Lessee agrees to indemnify, before its landing, the Lessor of the damage done, according to the price indicated in check list. In the event that repairs are necessary at the expense of the Lessee, these will have to be presented before delivery or otherwise the lessee shall indemnify the lessor for the time required to perform the same, which might exceed the duration of the lease. The Lessee will return the unit in the predetermined port and before the end of the lease period, but an early re-delivery shall not entitle the Lessee to claim any refund, even partial, on the rental price.
CLAUSE 12 - DELAY IN RETURN
If the Lessee does not return the unit in accordance with the procedures and deadlines, to the Lessor when it is due, for the period of time exceeding the duration of the contract, remuneration of twice the instalment of fee due daily for each day (or a fraction greater than 2 hours) until the return is made. If the delay exceeds 24 hours, the Lessee will also be required to indemnify the Lessor for the damage incurred as a result of the unavailability of the unit and or for the resolution of a subsequent contract which is affected due to the delayed delivery of the unit to another user. Where the Lessee decides to stop or end the cruise in a port other than that stated in this contract, the time needed to restore the unit in the port of delivery itself, should it exceed the rental period, will be counted as of late. The cost of transport or transfer of the unit till the port of delivery will be charged to the Lessee. CLAUSE 13 - TERMINATION OF CLAUSE
Before the start of the lease, if the Lessee is unable to fulfil this contract, it must immediately send a written notice to the Lessor. In which case, it will have the right to withhold all payments received with no claim for damages.
CLAUSE 14 - DAMAGES, FAULTS, ACCIDENTS and REPAIRS
In case of damage, faults or accidents, Lessee must immediately notify the Lessor; though it may continue navigation only if this will not aggravate the damage or endanger the persons on board or the vessel itself. It may not carry out any repairs without the prior authorization of the Lessor. The expenses necessary for repairs are the responsibility of the Lessee and it will be refunded only if the cause cannot be attributed to it, as provided herein. To safeguard the rights of the Lessor, it is entitled to keep the deposit, until the full investigation of above-mentioned liability is carried out, without any obligation to pay anything as interest, damages or other reasons. If any damage to the vessel takes place, without responsibility of Lessee exclusively due to breakdown in engine, transmission, inverter, batteries, alternators which may hamper its full functioning for more than 12 hours, including the first night after damage, the Lessor shall be required to allow the Lessee to recover those hours not enjoyed, without prejudice to the expiry of the contract, thereby excluding any other form of compensation and/or refund. This recovery will take place, at the discretion of the Lessor at the end of the charter period, or through the establishment of a credit note for subsequent charters. The expressly pecuniary reimbursement is expressly excluded. Please note that this warranty is applicable solely in cases where the fault occurs at sea in the area included in the course of the cruise and consequently that such a guarantee is excluded should the fault occur in a different area from the course of the cruise.
No repair and assistance can be claimed by the Lessee outside the time period ranging from 08.00 to 20.00 hours. It is understood that the cost of repairs and assistance is not chargeable to the Lessor. As provided in this agreement, it shall be paid by the Lessee at the normal hourly rates prevailing in the market, in addition to the materials. The Lessee shall not be entitled to the above warranty relating to the recovery of charter hours not enjoyed, notwithstanding exclusion of any right of the Lessee to compensation and/or refund, in case of damage to: echo sounder, log, refrigerator, autoclave, tender, outboard, anchor winch, whether electric or manual, stereo and any other equipment or apparatus not included in the second paragraph of this article. Any refund requests should be made by the Lessee directly to the Lessor upon return of the vessel and in any event within the same day. In case of expiry of this time-limit or if the claim is made to someone other than the Lessor, the claim for reimbursement submitted by Lessee shall be forfeited.
CLAUSE 15 - BAD WEATHER
The Lessor shall not be held responsible for delays in the departure of the cruise or interruptions due to adverse weather or contrary regulations of the Maritime Authority. In these cases the contract will run equally well if the boat cannot be used for several days.
CLAUSE 16 - CURRENT EXPENSES
The Lessee is required to bear the costs relating to the use and consumption of the unit for the period of lease, and in particular: fuel, lubricating oil, water, electricity charges and port dues, anchoring and mooring, taxes and local custom duties , pilotage, costs resulting from the use of on board radio telephone equipment.
CLAUSE 17 - CONTROL OF THE UNIT
The choice of Commander is subject to the approval of Lessor. The latter or his representative shall have the right to interrogate the designated Commander before approving the command unit. If the knowledge and skills of the pilot was not considered sufficient for the type of unit rented, for the security of unit and of the people, the Lessor or his representative can ask the Lessee to provide a replacement. If the Captain is someone other than the Lessee, he shall also sign this contract. The Captain shall assume all obligations under this contract, in addition to those imposed by law.
CLAUSE 19 - DUTIES OF THE CAPTAIN
The Captain should particularly heed the Maritime Authority when the same prohibits navigation for whatever reason (bad weather, dangerous area, etc.). If sea conditions present elements with intensity higher than force 6 on the Beaufort scale, the Captain must not leave the port and, if in navigation, will drop anchor in the nearest port or at a safe anchorage point. In case of anchoring the boat near the coast, the Captain must ensure that the unit is never left without adequate control over the situation and location. The Captain, the Lessee and its guests undertake to comply with all applicable laws of the country where the boat will be located, including regulations relating to customs declarations, the provisions of the Port Authority/Customs and regulations on fisheries (even underwater). The Captain shall also immediately notify (via these means) the Lessor or its representative about accidents, failures, damage and abnormalities that have occurred on the unit. It is understood that the counting of hours (as clause 14) starts from the time of receipt of a written communication. In the case in which the Lessee does not agree with the Captain, the latter will answer directly to the Lessor for any damages or faults related to their specific duties as indicated at the beginning of this article, with the remaining liability being borne by the Lessee.
CLAUSE 20- INSURANCE
The Lessor expressly undertakes to insure and keep the units (including the tender) secured at its own expense for the duration of the lease against usual risks of sailing, so the Lessee is exempt from any liability for any breakdown or damage to the unit or to third parties except legal limitations and the security deposit and whatever is not compensated by insurance. It will also turn on, at primary company, separate insurance policy to cover the third party liability arising from the use of the unit, as well as to cover the risks for people transported. CLAUSE 21 - FORCE MAJEURE
For the purposes of this contract "Force Majeure" means by way of example and is not limited to any cause attributable to acts, facts, events, omissions or accidents beyond the reasonable control of the Lessor or Lessee (Including but not limited to strikes, lockouts or other corporate disputes, popular unrest, riot, invasion, war, fire, explosion, sabotage, piracy, storm collision, grounding or other accidents at sea).
CLAUSE 22 - SUBLEASING AND CESSATION OF CONTRACT
The Lessee will sub-lease the unit or assign this contract to others in anyway.
CLAUSE 23 - COMPENSATION FOR ASSISTANCE, RESCUE AND RECOVERY
The compensation for operations related to recovery, towage, rescue and any assistance and aid rendered for the unit during this contract (minimum of the share of the Captain, of lease share not taken by the Lessee, of the damages suffered by the unit, of all the expenses incurred by Lessor and by Lessee, including expenses pertaining to law, material and fuel used during rescue operations), will be divided equally between the Lessor and Lessee. All actions taken and the measures taken by Lessor to achieve compensation for assistance or rescue, will be binding on the Lessee and the Captain.
CLAUSE 24 - TOW/SERVICE REQUEST
The Lessee and/or Captain will be directly responsible for the obligations arising from the tow/service assistance requests to other units, except for cases of real danger to persons on board and the integrity of the unit which may not be based on facts and/or omissions on part of the Lessee and/or Captain.
CLAUSE 25 - APPLICABLE LAW
Although not specifically established and provided in this agreement, there is an explicit reference to the Italian legislation in force. In case of doubt concerning the logical/literal interpretation of this contract and/or discrepancy between the text in Italian language and its translation into another language, the prevailing interpretation of the Italian text shall be deemed applicable.
CLAUSE 26 - PRIVACY Legislative Decree number 467 dated 28 December 2001, Corrective and supplementary provisions of the legislation on protection of personal data, in accordance with Article 1 of the law number 127 dated 24 March 2001 (Law no. 13 dated 16 January 2002) and all subsequent amendments - 675/1996
The Lessee and/or Captain authorise the holding and processing of personal data of those concerned and all the crew at the end of any administrative and bureaucratic action for the fulfilment of the purpose of the contract. In particular, the Lessee and/or Captain with the signing of this contract accept and authorise the control of vessel via remote satellite by the Lessor for the duration of the lease. No harm will be caused by the same and by each crew member, who must be properly informed by the Captain, in relation to the above, in particular to the drafting of the GPS tracking indicating navigation of vessel during the lease period. It permits the internal use of data for commercial purpose. No data will be transmitted to third parties for any purposes.
CLAUSE 27 – JURISDICTION
The exclusive place of jurisdiction for any dispute arising under or in connection with this Agreement shall be Albenga (SV), Italy.
CLAUSE 28 - SPECIAL CONDITIONS
Any cards and or documents, hereby incorporated under "A" (On board inventory), "B" (the crew list), "C" (copy of the authorization of command), "D" (on board documents) will be considered an integral part of this contract.
Pursuant to Articles 1341 and 1342 of the Italian Civil code the Lessee expressly declares to have read and approved the following provisions and clauses of this contract: - Terms of payment, security deposit, missed payments; - Ways and limits for use of the unit, bans: in particular sailing area, ban on participating in regattas, ban on keeping animals on board, ban on keeping drugs and weapons, prohibition on reproduction; - Responsibility of minors on board; - Delivery and delay in delivery; - Resolution or interruption of the contract; - Suspension of the license fee, temporary impediment and loss of unit; - Expenditures for the Lessee and maintenance; - Unit Control and obligations of Captain; - Insurance; - Prohibition of sublease and assignment of the contract; - Breakdown of compensation for assistance, rescue and recovery; - Request for towing and assistance; - Arbitration; Privacy - Special Conditions; - agency mandates;
