Si Può Fare

Vom Charterunternehmen verfasst, im Originalwortlaut und in dessen Sprache. navi-gate ist daran nicht Partei.

1. PAYMENTS - 50% of the rental amount, to be valid as a non-refundable Confirmatory Deposit, within 7 days from the signing of this contract. The balance equal to 50%, no later than, under penalty of termination of the contract, within 30 days before embarkation. The amounts relating to the "Extra" item are to be paid directly to the base before boarding. The Lessee undertakes to pay the Lessor all the sums indicated above within the agreed terms. Failure to pay one of them or failure to comply with the relevant terms will result in the legal termination of this contract, legitimizing the Lessor to withhold all payments received, without prejudice to the request for further compensation for damages. 2. COMMAND OF THE UNIT - If the Lessee is not in possession of a nautical license, or this is not sufficient for the planned trip, he must indicate the name of the person who will command the unit and who will sign, together with the first also this contract, assuming the related obligations. The Lessor or his representative has the right to ask the Commander to be in possession of the authorizations needed to command the unit, valid for Italy. At the sole discretion of the Lessor or his representatives, if the knowledge and skills of the Captain are not considered sufficient for the management of the type of unit rented and for the safety of the people on board, the Lessee may be offered - at his expense - the presence on board of a trusted Commander of the Lessor; in the event of the Lesseeu0027s refusal, the contract will be automatically terminated and the Lessor will withhold what has been received. 3. OBLIGATIONS OF THE LESSEE AND THE CAPTAIN - The Lessee and / or the driver / Skipper are required to use the unit with particular diligence, according to the technical characteristics, exclusively for pleasure craft, and in accordance with the agreed use. The Lessee and the Captain are jointly responsible for any violation of this contract and undertake to indemnify the Lessor from any request, by anyone, for any event that occurred during the rental period or as a result of it. 4. DELIVERY AND INSTRUCTIONS FOR USE - The Lessor must deliver the unit on the day and time established in this contract, in a seaworthy state, with its pertinences, complete with accessories, equipment, safety equipment, with the necessary documents for navigation and duly insured with RC policy to third parties and property policy for total and partial loss. The Lessor will provide the Lessee with a complete inventory list and the latter, by signing it, will confirm that they have received the unit with all the regulation accessories and anything else supplied. Complaints subsequent to delivery will not be accepted. The time that the Lessor, or whoever on his behalf, will take to clarify to the Tenant how to use the unit falls within the rental period. 5. DELAY IN DELIVERY - If for any reason the Lessor could not deliver the leased unit, he will have the opportunity to deliver another one of similar characteristics, within 48 hours with the obligation to reimburse the Tenant for the relative unused daily rent. If the delay continues beyond the aforementioned period, due to a fact not attributable to the Lessor, the Tenant will have the right to confirm the lease having the right to reimbursement of the portion of the rent not enjoyed or to renounce it by demanding the full refund of the amount with interest, but without any right to damages. This waiver must be made known to the Lessor in writing within 24 hours and the contract will be considered terminated. 6. AGREED USE - LIMITS AND PROHIBITIONS - The Lessor and the Captain undertake to use the unit exclusively for pleasure craft, between safe and good ports and landings, where the unit can enter, remain and exit in complete safety (always floating) and undertake not to use it for the transport of goods, passengers and any type of trade. The Driver and / or the Captain also undertake to: a) respect the minimum number of people making up the crew, as well as the maximum number of people to be transported; b) use the unit exclusively in the area defined by this contract, do not leave Italian territorial waters without the authorization of the Lessor; c) obtain written consent from the Lessor, or his representative, to participate in regattas or nautical competitions of any kind; d) do not ask to be towed or to tow other units except in case of absolute emergency; e) comply with the laws of the host country, the regulations regarding customs declarations, the provisions of the port, customs, health authorities and the rules for fishing, including underwater fishing; f) listen to the port authority when it prohibits navigation for any reason; furthermore, they undertake not to leave the port or to return immediately to the nearest port, or to seek shelter sufficiently safe to anchor, if they were in the open sea, if sea and wind conditions exceedor are expected to exceed force 7 in the beaufort scale or in the if the conditions of the unit and / or the crew are such as to compromise its safety; g) moor the unit in front of the coast in a safe position and never leave it unchecked; h) not to give practical navigation lessons; i) not to keep any animals on board; I) report arrivals and departures from ports, atmospheric conditions, engine hours, damage, repairs, etc ... in the logbook; m) not to navigate in dangerous areas as a result of wars, hostilities, military operations, revolutions, civil uprisings and in areas where navigation is prohibited, bearing in mind that in such cases the insurance is not operative; n) not to keep weapons and / or drugs on board, even for personal use. 7. MAINTENANCE OF THE BOAT - Ordinary maintenance of the rented unit is the responsibility of the Lessee, who undertakes to take care of it keeping the accessories in order and carrying out the usual cleaning and maintenance work on the boat such as, for example, check and refil of oil, engine care, batteries, winches, sails, etc. During the rental period, the costs related to repairs due to force majeure or wear and tear for normal use of the unit, according to the agreed commitment, will be advanced - subject to the authorization of the lessor - by the Tenant and reimbursed at the end of the lease. 8. CURRENT EXPENSES - The Lessor is responsible for the expenses relating to the use and consumption of the unit for the rental period and in particular for fuel, lubrication oil, water, electricity, port, customs and anchoring duties and mooring also in private ports, as well as the costs resulting from the use of on-board radiotelephone equipment and also any financial and administrative sanctions. 9. DAMAGES, BREAKDOWNS, ACCIDENTS, REPAIRS, COMPENSATION - The Lessee and Captain are obliged to notify the Owner of all breakdowns and accidents by sending a detailed written report within 24 hours of their occurrence, also by fax. The Lessee and / or Captain will be able to continue the navigation only if this does not lead to aggravation of the damage, nor danger to people and to the unit. All repairs must be authorized in advance in writing, also for the cost, by the Lessor or his representative and will be anticipated by the Tenant, to whom they will be reimbursed, only if previously authorized. If the unit, without the Lesseeu0027s responsibility, suffers a breakdown or any other impediment that jeopardizes its reasonable use for a period exceeding 48 consecutive hours from the possible intervention, if in Italian waters, or 72 hours if in foreign waters, the Lessor will be required to reimburse the daily amount of the unused lease, without the Lessee having any right for further damages. In any case, the conductor / charterer must be diligent in order to allow and facilitate repairs. If the time for repairs exceeds 96 hours, the Tenant will have the right to withdraw from the contract with effect from the moment of the occurrence of the damage, obtaining the return of the daily amount of the unused rental period. Compatibly with the organizational needs of the Lessor, and at its sole discretion, the Tenant may extend the rental period beyond the envisaged term, recovering the days of failure. In the event that repairs are required that are directly or indirectly attributable to the Lessee and / or the Captain, they must carry out them before delivery or in any case they must indemnify the Lessor for the time necessary to carry them out, which exceeds the lease agreement, without prejudice to and without prejudice to compensation for the greater damage suffered by the Lessor also for any subsequent total and / or partial failure to lease. The Lessee will compensate the Shipowner for any loss and / or damage to the boat, to the equipment, accessories, appliances, linen, cutlery, scrap metal and furnishings that have been procured by the tenant himself or his guests or his employees. The amount of the expenses not yet quantified by the term of the lease must be paid by the Tenant following an unquestionable estimate by the Lessor and subsequently documented by the latter. 10. RETURN AND OBSERVANCE OF TERMS - The Lessee and / or the Commander undertake to promptly return the unit within the established term and port, free from any and all obligations contracted during the lease period, in the state of fact in which they had taken possession, with the same characteristics and suitable for the same use, together with the accessories, equipment, fittings and documents received from the Owner. The cruise itinerary must be planned in such a way as to allow the return on time, possibly anticipating it in case of adverse weather forecasts. If the return does not take place within the set time, a penalty equal to the agreed daily price in addition to the price itself will be applied for each day or fraction of a day, subject to compensation for further damage that the Lessor should suffer for non-delivery or delayed delivery. to the next user. The time needed to bring the unit back to the port of delivery is also considered delay, if the conductor interrupts or ends the cruise in a port other than that indicated in the contract. The costs of transport or transfer of the unit to the port of delivery will be borne by the Lessee. The parties agree that the delay in the return of the unit will never exceed five days, without the written authorization of the Lessor. The Lessee declares to be aware that this behaviour integrates an interversion in the possession of the rented unit and the crime of embezzlement. 11. WAIVER OR INTERRUPTION - In the event of renunciation of the execution of this contract, the Tenant must promptly notify the Owner in writing, who will have the right to demand or withhold: a) the amount of the rental paid up to the date of the renunciation, if the communication takes place up to two months before the departure date; b) 50% of the total rental if the communication takes place to one month before the departure date; c) 100% if the communication takes place less than one month before the departure date. However, if the Lessor relocates the unit to another Tenant for the same period of time, and under conditions no less favourable than those agreed, he will return the payments received to the Tenant, withholding a sum equal to the expenses incurred for the conclusion of this contract and for any relocation. The Lessee, in case of voluntary interruption of the trip, will not be entitled to any reimbursement, being obliged to indemnify the Lessor for all costs resulting from the early return. 12. DEPOSIT - The deposit, paid to guarantee any obligation borne by the Tenant, the Captain or the guests, will be returned to the Tenant, without interest, after having ascertained, even deferred, the non-existence of damages, contractual violations and obligations and or minutes contracted during the lease that can be taken from the credit card. 13. INSURANCE - The boat is supplied with "civil liability" and "hull policy" insurance coverage. The latter does not cover damage caused to: engine, inverter, propeller, sails and broken accessories and / or equipment of the boat due to misuse. The Lessee and / or Captain are aware that the insurance stipulated by the Lessor does not cover, among other things, the loss or damage to the Lesseeu0027s and crewu0027s property, depreciation, write-downs, legal fees, profit ceasing of the Lessor, all elements therefore borne by the Lessee jointly and severally with the Captain. In any case, damages of any kind not indemnifiable by the insurer due to wilful act, negligence or gross negligence of the same or the crew are borne by the Lessee jointly and severally with the Captain. The deductibles and overdrafts are also the responsibility of the Lessee jointly with the Captain. If the tenant deems the civil liability limits insufficient, he may ask the Shipowner to extend the coverage up to the required limit, but the related costs will be borne by the tenant himself. The boats are equipped with GPS trackers. The insurance conditions are all considered to be known by the Tenant, as they are made available to him. 14. BAD WEATHER - The Owner assumes no responsibility for delays in the departure or interruption of the cruise due to adverse weather conditions or contrary provisions of the Maritime Authority. In such cases, the contract will run anyway, even if the boat will not be able to sail for several days. 15. COMPENSATION FOR ASSISTANCE, RESCUE AND RECOVERY - The compensation for recovery, towing, rescue and any assistance and rescue provided by the unit during this contract will be divided equally between the Lessor and the Lessee, after deduction of the expenses and lease not enjoyed. The Lessee and / or the Captain will be bound to all the initiatives undertaken by the Lessor to obtain the assistance or rescue fee. 16. SUBLOCATION AND TRANSFER OF THE CONTRACT - It is not agreed for the Lessee to sublease the unit described above or to assign the rights deriving from this contract. 17. REGISTRATION AND SUBSEQUENT EXPENSES - Any registration costs of this contract, and any other expenses, will be borne by the party who made them necessary. 18. DISPUTES - for any and all disputes regarding the interpretation or execution of this contract, will be competent the Court of Palermo. 19. REFERENCE TO LAW - Although not expressly established in this contract, reference is made to the current regulations of the Civil Code and the Navigation Code. In case of translation of this contract into another language, the Italian text will prevail for interpretation purposes or in case of discrepancy between the relative texts. 20. BROKERAGE RIGHTS - The brokerage rights for the conclusion of this contract are borne by the Lessor. By means of this contract, the Lessor gives the Broker a mandate to collect, on its behalf, the down payment and the balance of the consideration for this lease, and to withhold its commission on the same. The commission will in any case be fully due, after the payment of the deposit, even if this contract will not be effective. 21. BROKER - The Lessor and the Lessee acknowledge, in agreement with the Broker, that the latter is a signatory of the contract only in regard to his business and exempt him from any liability arising from the use of the rented boat. 22. TREATMENT OF PERSONAL DATA - With reference to the GDPR 2016/679 on the protection of privacy, the Lessee and / or Captain express / and their free and informed consent to the use and processing by the Lessor, and the dependent and auxiliary staff, of their personal data, in order to execute the contract in compliance with legal obligations. The Lessee and / or Captain also express their consent for the Lessor to use electronic systems that allow the detection of the geographical position of the vessel and navigation parameters in real or deferred time.