1. AGREEMENT
The Lessor decides by this agreement to rent the yacht to the Charterer and to make no other agreement for the same yacht in the same period.
The Charterer binds himself to pay the charter fee other additional extras and the cautional deposit as provided by the present charter party.
2. TECHNICAL DATES AND CHARACTERISTICS OF THE YACHT
The Lessor guarantees that the yacht will have all the characteristics and equipment proposed by the Lessor; if the contract is concluded by intermediate agencies, the Lessor does not give guarantees about proposed data and characteristics.
3. MISSED PAYMENTS
- If the first payment is not done observing times and terms decided by the present party (particulars on the charter confirmation) this charter party will be automatically cancelled and the Lessor shall be entitled to claim the damages suffered.
- In case the hire and/or the cautional deposit are not paid in the terms (particulars on the charter confirmation) then the charter will be automatically cancelled, informing the Charterer with a simple explain letter about the facts and the Lessor shall be entitled to retain what has been received.
4. TAKEOVER
The Lessor is obligated to hand-over the at Charterer’s disposal completely equipped, faultless clean and dry yacht in the agreed time and place with all valid documents of the yacht needed for rental.
If the Charterer desires to takeover the yacht in a different port as the foreseen, the Lessor can agree to this request, but the transfer expenses shall be paid by the Charterer. All times foreseen by this charter contract remain valid.
The Yacht will be delivered to the Charterer respecting the times specified in the charter contract. If the Charterer can not takeover the yacht at the agreed time he is obligated to inform the base personal about that. If he should be late more than one hour aver the maximum time agreed for the takeover he has to pay a penalty fee to the lessor about € 25,00 (twenty-five) /hour, costs of the base personal. Should the Charterer arrive later than 10.00 pm the base personal is not obligated to wait for him any more. He can sleep on the yacht and the takeover will have place at 9.00 am the day following. It is absolutely forbidden to the Charterer to leave the port with the yacht.
5. DELAYED DELIVERY
1) If for any reason whatsoever the Lessor not depending on the meteo or force major is enable to deliver the yacht at agreed place and time, he will be entitled 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 can:
- give up the contract and demand the total amount of charter fee, by communicating this within 24 hours to the Lessor; in that case the Lessor has to give back the amount already paid by the Charterer.
- confirm the contract being valid from the real date of takeover, leaving the terms of duration as agreed.
2) In case of giving up the contract the Charterer could demand only the amount of the charter fee; any other rights to indemnification are excluded.
6. BORD/INVENTORY
Before the takeover and return of the yacht the Lessor and the Charterer have to check and carefully examine the condition of the yacht and its equipment according to the inventory list. The yacht is possibly handed over with full fuel tank and has to be returned full. If the yacht should not be handed over with full fuel tank it has to be signed on the documents during the check – in.
If the yacht is not returned with full fuel tank in the returning port exhibiting the bill of the gas station, the “fuel-deposit” will be automatically retained. The base personal will do gas up as soon as possible and the cost, in addition to the operation costs, will be detracted from the deposit.
In case of loss or damage on the equipment, particular parts of the yacht or the yacht itself, the Lessor shall retain the amount (a part or the whole deposit), which correspond to the values indicated on the inventory list.
7. USE OF THE YACHT AND RESTRICTIONS
The Charterer is obliged to use the yacht carefully and exclusively for pleasure cruising respecting the technical details given on the navigation licence of the yacht. Navigation has to be done between safe secure ports and anchorages where it can enter, remain and set sail safely lie always afloat within cruising area.
The area cannot include dangerous areas in consequence of wars, hostilities, military operations, revolutions, and riots. The Charterer undertakes and states that he shall not use the yacht for the transport of passengers or any commercial items. Moreover it is not allowed to keep fire arms or drugs on board, even for personal use.
The Charterer has to respect the minimum number of the persons on board and he can’t leave the port or the anchorage if the competent Authorities give dispositions about bad weather such as to affect the safety of the guests on board or the yacht itself.
The Charterer will not take part in races, regattas or competitions which can affect the safety of the vessel without the written authorization on the part of the Lessor.
The keeping of pets (dogs, cats, birds and similar) on the yacht is not allowed, unless previous agreement was reached in that regard.
The Charterer is obliged not to use any product or materials for the cleaning of the inside and the outside of the yacht which can cause damages, not to switch of the motor in an inclination over 15° of the yacht, to navigate carefully and according to the rules of a good navigator with the sails used respecting the wind situation not creating any damages; he is also obliged to provide adequate nautical charts if they are not included in the equipment of the yacht. After taking possession of the yacht, the Charterer shall bear on his own account all costs of the daily berth in the ports, or in marinas, fuel costs, oil, water, gas, electricity and possible radio –telfonic costs.
The Charterer has to keep the yacht clean and assure all other necessities, as well as eliminating all damages and defects, which can appear while the yacht is under charterer’s responsibility and which are not results of normal natural yacht consumption. He responds for any damage caused by non-observation of this obligation.
The Charterer cannot make any kind of contracts regarding the yacht using the name of the Lessor but only take obligations for himself.
For the damage caused by actions and failure of the Charterer for which the Lessor is liable to the third party the Charterer is obligated to settle the damages to the Lessor in their entirety, whether it is the case of material and /or legal expenses that resulted from such actions an failures.
8. PERSONAL DOCUMENTS
The Charterer has to assure that everybody on board has its passports or documents and visa (if required) and has to hand over a complete crew list at the beginning of the charter.
9. RESPONSIBILITY FOR MINORS
The Charterer is fully responsible for safety and behavior of minors on the yacht.
10. HEALTH OF THE CHARTERER AND HIS GUESTS
It is possible that the yacht is not appropriate for persons with physical problems. With this agreement the Charterer binds himself to guarantee his own good health conditions and of all his guest before the delivery. The Charterer and his guests have to be in possession of all required vaccinations by the nation of the cruising area.
11. RETURN
The Charterer is obliged to return the yacht in agreed time and place, in the same good conditions as at the takeover except natural yacht consumption and free from any obligations contracted by the Charterer.
In case of damages to the furniture, equipment or accessories the Charterer must pay the Lessor before the check-out. The prices indicated on the inventory list are binding. If necessary the Charterer has to repair damages before return or he has to pay in addition to the reparation cost the Lessor for the period at the pro-rata daily charter fee which exceeds the period of the charter.
The Charterer can return the yacht to the Lessor at place agreed by this charter contract also before the foreseen time, but by this he is not entitled to any refunds.
12. DELAYED RETURN
If the return does not occur in the defined time, the Charterer shall pay a penalty equal to twice the daily hire rate agreed for each day or fractional part of a day (part exceeding two hours) until the return will be effected and the Lessor (over 24 hours delay) will be entitled to claim the repayment for damages due to the failed or delayed delivery to the following user of the yacht.
If the Charterer does not end the cruise in the agreed port, the time required to take the yacht to the port of return, will be considered as delay and he shall pay all costs for transferring the yacht to the agreed port of return.
13. RELEASE
In case of the Charterer’s release to the charter contract he has to inform immediately in written form the Lessor who will be entiteled to retain the down payment without damages.
14. INTERRUPTION, TEMPORARY DISABLEMENT, TOTAL LOSS OF THE YACHT
In case of damage, breakdown or accident the Charterer has to notify immediately the Lessor; navigation can only be continued if it does not worse the situation or create danger to the guests or the yacht itself.
The Charterer cannot do any reparations without the authorization of the Lessor. The reparation costs are to be paid by the Charterer and will be refunded only if the damage is not caused by himself following the directives of this contract.
To make sure the cause of the damage the Lessor can retain the deposit without any interest or damage.
If the yacht is damaged, independently of the Charterer’s fault, motor, transmission, inverter, sails, batteries, such as to prevent the reasonable use of the yacht for more than 12 hours, except the first night after the damage, the Lessor is only obliged to permit the Charterer to recuperate the lost hours not changing the terms of the contract.
No other kind of reimburse is possible.
The Lessor decides if it is possible to recuperate the hours at the end of the charter or to reimburse the Charterer with a credit note for future charters.
Money reimburse is not possible.
This guarantee is only valid if the damage occurs in the area of navigation indicated in this contract.
The charterer can’t demand any7 repairing or assistance from 8 pm to 8 am.
Costs created by reparations or assistance not reconductable to the responsibility of the Lessor have to be paid by the Charterer to the normal tariffs and material costs on the market. Damages to the speed log, echo sounder, fridge, pumps, dinghy, outboard motor, manual or electric anchor winch, stereo, or any equipment not nominated in the fifth head of this clause. Any requests for refunding has to be made by the Charterer to the Lessor the day of redelivery. Any delay or request to other persons means the loss of the refunding.
15. BAD WEATHER CONDITIONS
The Lessor does not take on any responsibility for departure delays or cruise interruption due to bad weather conditions or to orders issued by the Port Authority. In this case the terms of the charter party are still valid although if the yacht has to remain in the port several days.
16. MAINTENANCE OF THE YACHT
The Lessor is obliged to effect any repair due to force majeure or normal wear due to the normal use of the yacht.
The maintenance of the yacht is charged to the Charterer who binds himself to take care of the yacht, to keep it and its accessories in order and clean and to provide for normal maintenance (oil changes, care of the engine, batteries, winches, sail, etc...). During the charter period the expenses for urgent damages under the terms of this charter party will be paid in advance by the Charterer and they will be refunded at the end of the charter by the Lessor who gave his written authorization for the repair.
17. RUNNING COSTS
The Charterer shall pay all this expenses concerning to the use and consumption of the yacht during the charter period and in particular for fuel, oil, water, electricity, harbor fees and dues, anchorage and mooring dues, local and customs taxes, employment of radiotelephonic equipment 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. As soon as possible the Lessor will document his estimation.
18. COMMAND OF THE YACHT
The Charterer has the complete responsibility about the nomination or the enlistment of the Captain and the control of the validity of his abilitation. The Lessor has no responsibility connected to any kind regarding the enlistment.
The Lessor or his representative has the right to ask the Charterer or his crew the license valid in Italy. In judgement of the Lessor or his representative, if the knowledge and ability of the license holder are not considered sufficient for the safety of the people on board or the yacht chartered, the Lessor or his representative may ask for a substitute to the Charterer.
In case of dispute one member of the examination commission established following to the art. 4 of the D.M. 4 march 1977 by the competent Port Authority of the territory has the unchallengeable judgement. It is remembered that the unit can be used only as pleasure craft and is located as bareboat. It is not allowed to the Charterer to use the yacht for commercial or any other reason different from the pure pleasure craft. The enlistment of professional Captains by the Charterer can nor change the pleasure craft purpose of the charter nor alterate the state of bareboat object of this contract. The relation between the Charterer and the Captain has no influence on the Lessor. Therefore Captain and Charterer exempt the Lessor from any controversy referring to this relation. If the mentioned infraction should generate administrative, penal and fiscal sanctions or the hold back of the yacht, the Captain and the Charterer are responsible for all financial damages for the lost charter and the damages for the annulment of the following charters.
If Captain and Charterer are not the same person both have to sign this charter party. The Charterer has to be a natural person. The heading of the contract to a profit corporate body for charter to a third party implies that the corporate body has all qualifications provided for by law. The Lessor and the Owner do not have any responsibility for controversy also of financial kind.
The Captain assumes all duties of this contract and foreseen by law.
19.CAPTAIN DUTIES
The Captain binds himself to follow the competent Authorities dispositions when navigation is not allowed because of any reason (bad weather, danger of area).
When the wind and sea are predicted to be over 5 of Beaufort scale, the Captain shall not leave the port or the anchorage or, if the yacht is in navigation, he shall enter the nearest port of safe place.
The Captain has to moor the yacht near the coast in a safety position and never leave it without the control of two adults, one with a valid licence. He also has to enter in the yacht log book arrivals and departures from the ports, atmospheric conditions, hours cruised using engine, damages, repairing, etc....
The Charterer, the Captain and its crew bind themselves to respect the questing country laws, especially the set of rules concerning customs declaration, fishing, scuba diving and the dispositions of harbor.
If the cruise lasts more than 10 days the Captain has to communicate by telephone, fax, telex or telegram) every 7 days his position to the Lessor or his representative.
The Captain must inform immediately in a writing the Lessor or his representative of any averages, damages and anomalies which may have occurred on the yacht. The calculation of the hours (clause 14) begins at the moment of receiving the written communication.
If the Captain is send by the Lessor on request of the Charterer, it is only the action of creating a contact between the Charterer and the Captain. The Lessor has no link in this relation; as used the Charterer binds himself to pay the food to the Captain.
The Captain, as different person from the Charterer responds to the Lessor as specified in the beginning of this clause; other responsibilities remain to the Charterer.
20. INSURANCE
The Lessor agrees to insure the yacht and her equipment against the ordinary risks, average and third party damage and the Charterer shall therefore be relieved of any and all liability which is covered by the Policy, provided that Insurance such loss or damage is not caused or contributed to by any act of gross negligence or willful default on his part. Insurance conditions will be all known by the Charterer, because a copy of them will be given to him before embarkation.
If the Charterer is not satisfied by the coverage of this Policy he has to communicate it to the Lessor who must extend the Insurance, but the expenses has to pay the Charterer.
21. BROKERAGE COMMISSION
Any brokerage commission in respect of the stipulation of this charter party are charged to the Lessor. The commission will be in any case entirely payed, after the down payment, even though the charter is cancelled.
22. FORCE MAJEURE
As per contract, “Force Majeure” means any cause preventive either the Carrier from performing any or all of its obligations which arises from or is attributable to acts, events, omissions are accidents beyond the reasonable control of the party so prevented including, without limitation, strikes, lockouts or other industrial disputes, weather conditions, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood or storm.
23. SUBCHARTERING AND TRANSFER OF CONTRACT
The Charterer is not allowed to sub charter the yacht or to give up the rights which result from the present charter party.
24. REMUNERATION FOR ASSISTANCE, SALVAGE AND RECOVERY
During the charter, any benefits for salvages, towage and assistance operation shall be equally shared between the Lessor and the Charterer after deducting expenses and hire for the charter period enjoyed. All measures undertaken by the Lessor to have payment for assistance and salvage will be binding for the Charterer and Captain.
25. TOWING OF THE YACHT
The Charterer and/or the Captain assume the full responsibility of the towing of the yacht by another vessel except under emergency circumstances.
26. REGISTRATION COSTS
Any possible registration costs of this charter party and any other costs relating to it will be charged to the requiring Party.
27. APPLICABLE LAW
With regard to what not specifically stipulated in the present charter party, references is made to the current Italian legislation.
If this charter party is translated, the Italian one will be considered prevalent for interpretation or discrepancy.
28. PRIVACY
The Conductor and/or the Captain authorizes the personal data of the crew to be reviewed and retained to cover all administrative or burocratic eventualities, in order to meet the contract agreements.
The Conductor and/or the Captain, subscribing this contract, accept and authorizes the Charterer to operate a satellite monitoring of the vessel during the whole period of the Charter referred to on the contract.
No prejudice could be raised by any of the member of the Charter Company or of the crew, whom the Captain is in duty bound to inform about what above specified, particularly on the GPS ground track, indicating the route of the boat during the locating period. The treatment of personal data is also authorized for commercial purposes.
29. CONTROVERSE
Any controversies about interpretation or execution of this charter party will be referred to an arbitration board, consisting of three members, who will decide respecting the regulations of Camera Arbitrale of the Camera di Commercio in Lucca.
In case of lack of agreement the third one will be appointed by the Consiglio of the Camera Arbitrale of the Camera di Commercio in Lucca.
The parts bind themselves to respect the arbitral decision as the expression of their own contractual will.
For controversies not resolvable in arbitration the parties will refer to the court of Milan.
