Don Carlo

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

GENERAL RENTAL CONDITIONS Lessor: Maca S.r.l., Via Caravaggio 125, 65125, Pescara, VAT/Tax Code: 02403780683, certified email: macasrl@legpec.it, presented by its Administrator, Carlo Maresca, residing at Via Ippodromo 8, 20151, Milan, Tax Code: MRSCRL97M27G482F. 1. Definitions. Lessor: the one who makes the pleasure craft available for a fee. Shipowner: the one who assumes the exercise of the pleasure craft. Tenant/Customer: the one who takes delivery of the pleasure craft for a fee. Recreational craft: vessel subject to the Offer and Quote. Commander: the one who assumes command of the pleasure craft on behalf of the Tenant. 2. Supplementary value of the Offer and Quote. The Offer and the Quote, containing the specific details relating to the Boat subject to the lease, the period of use, the agreed price, the methods of payment and any additional services, constitute an integral and substantial part of these General Rental Conditions and the lease agreement. The Offer and Quote are valid for 3 (three) days from the date of issue. After this period, the Offer will lose all effectiveness and must be renewed by the Lessor. The payment of 50% of the total amount indicated in the Offer and in the Quote by the Tenant constitutes acceptance of the terms and conditions specified in the Offer and in the Quote and of these General Lease Conditions, without the need for prior signature. The Tenant will be required to sign the lease upon delivery of the Boat, of which the Offer, the Quote and these General Lease Conditions are an integral and substantial part. In the event of a discrepancy between the Offer, the Quote, the General Lease Conditions and the lease agreement, the conditions set out in the lease agreement will prevail, unless otherwise agreed in writing between the parties. Any modification or addition to the established conditions and/or the contract may only take place with the written consent of the Lessor and the Tenant, in order to guarantee the transparency and certainty of the contractual agreements. 3. Subject of the agreement. The Lessor rents to the Tenant, who accepts, the pleasure craft/Boat indicated in the Offer and in the Quote, with the methods, place and times listed therein, complete with all the necessary equipment, accessories, safety gear and equipment for navigation, including all the accessories available, equipped with the necessary documents for navigation and insured pursuant to art. 12 below and in compliance with Italian laws and regulations. The Lessor will remain the owner of the Boat for the entire rental period. 4. Booking and Payments. The rental fee is agreed between the parties and specified in the Quote and Offer. To confirm the reservation, a deposit of 50% of the total amount is required, to be paid at the time of booking. The balance, equal to the remaining 50%, must be made no later than 30 days from the departure date. If the reservation is made less than 30 days before departure, the full amount must be paid at the time of confirmation. Payment can be made by bank transfer, credit card or, where available, through the Maca online portal. Any bank fees will be borne by the Tenant. The payment of the deposit is a confirmatory deposit and makes the reservation binding for the Lessor. In the event of non-payment of the deposit within the established period, the reservation will be automatically cancelled and the Lessor will be released from any obligation. In the event that the Tenant does not comply with the payment deadlines, the Lessor shall have the right to withdraw from the contract, withholding the sums already paid as a penalty and charging the Tenant any expenses incurred. The rental price includes RC insurance and bodies, in addition to optional services that have been expressly agreed upon and indicated in the Quote and Offer. 5. Security deposit. The Tenant undertakes to pay the Lessor, at the time of taking possession of the pleasure craft, the amount of €2,500.00 (Euro Two thousand five hundred/00) as a security deposit to guarantee the fulfillment of all obligations arising from the rental contract. This deposit will be returned upon the return of the Vessel, subject to deductions, even partial, in accordance with the terms set out in the contract. The deposit may be paid by credit card, debit card, bank transfer to the Lessor's IBAN, or in cash. Failure to pay the deposit shall result in the immediate termination of all contractual relations and entitles the Lessor to withhold delivery of the Vessel to the Tenant. The deposit will be returned to the Charterer at the time of return of the Vessel, and in any case, after the time necessary for the Lessor to verify the absence of damages or malfunctions to the Vessel, its equipment, and all its accessories. In the case of damages covered by insurance, the deposit will be returned to the Tenant only after the insurance company has settled the claim, and in any case, net of any deductible charged by the insurance to the Lessor. The Lessor retains the right, in any case, to claim further compensation from the Tenant for greater damages. 6. Cancellation Policy. In case of cancellation by the customer, if this occurs up to 30 days before departure, 50% of the total amount will be withheld. For cancellations made less than 30 days before departure, the full amount will not be refundable. However, if the cancellation is due to force majeure, such as travel restrictions imposed by government authorities, alternative solutions will be offered, including a credit voucher for a future rental. If, on the other hand, the cancellation is due for reasons beyond the control of the customer, a new rental date or a refund of the amount paid will be proposed. In any case, the Lessor will not be responsible for any expenses incurred by customers related to transport, flights or other ancillary costs related to the reservation. 7. Changes to the Reservation. Changes to the reservation, such as changing the date, changing the boat or adding extra services, are only possible upon availability and must be requested by email. If the change involves a price change, the customer must pay the additional amount. For requests made less than 30 days before departure, a penalty may apply. 8. Commitment to Sign the Lease Agreement. For the purposes of the validity of the lease, the Lease Agreement must be signed at the time of embarkation as the primary activity at check-in. Failure to comply with this obligation will result in the immediate cancellation of the reservation and the loss of the entire amount paid, without prejudice to the right of the Lessor to claim the greater damage. 9. Use of the Boat. The parties agree that the Boat is leased exclusively for recreational purposes with absolute prohibition for the Tenant to use it for any other purpose. The Lessor does not offer any type of tourist service but only leases recreational units pursuant to Article 42 of Legislative Decree n.171/2005. All costs related to the use of the unit (such as moorings, fuel, fees, etc.) are the sole responsibility of the Tenant. The unit is delivered to the Tenant in perfect condition for use and maintenance, with a full tank of fuel, and the Tenant must return the Boat to the Lessor with a full tank of fuel. If refuelling is not complete, the Lessor may withhold the cost of refuelling and missing fuel from the security deposit. The Lessor acknowledges that the Boat, at the time of delivery to the Tenant, is in perfect condition of use and maintenance, in perfect seaworthiness and suitable for the agreed use. Upon delivery of the Boat to the Tenant, the latter accepts and acknowledges that the Boat is in perfect condition, in perfect seaworthiness and suitable for use agreed. The Tenant undertakes to return the Boat to the Lessor free from any constraint and in the state of fact and law in which he received it, except for normal deterioration of use, together with all the accessories present at the beginning of the lease. The return must take place in the same place where it was delivered to the Tenant by 9:00 a.m. on the last day of the rental period. In the event of delay in delivery, the Tenant will be required to pay the Lessor a penalty of € 5,000.00= (Euro Five Thousand/00=) for each day of delay, without prejudice to the right to compensation for greater damage. In the event of early return of the Boat, for any reason, the Lessor shall in any case be entitled to withhold the full amount of the consideration already paid by the Tenant. In the event of adverse weather conditions that prevent the return of the boat at the end of the lease, the Tenant must immediately notify the Lessor in order to agree on an adequate postponement of the delivery term; in this case, the validity of any part of the contract will be extended until the actual delivery. In the event of non-return, for any reason, the Lessor shall be entitled to withhold the full amount of the consideration already paid by the Tenant, as well as to recover the sums necessary for the recovery/towing/towing/restoration of the rented unit, without prejudice to compensation for damages and any further action and right. 10. Unit Commander. The Tenant is informed about the necessary presence of personnel authorized to navigate for the management and command of the leased unit. It is the right of the Tenant to embark, at his expense, a Captain who assumes on his behalf the command of the Boat and/or crew personnel and/or personnel assigned to on-board services; in this case, the Tenant must obtain the prior consent of the Lessor, who shall have the right to check the qualifications, skills and experience of the persons he intends to embark, as well as to have a copy, at least 24 hours before departure, of the Captain's nautical license and may refuse to deliver the Boat to the Tenant if he deems, at his discretion and unquestionable judgment, that the Captain is not suitable to command the unit, with termination of any contractual relationship. The Tenant will be held accountable for the work of the Captain according to the applicable laws. In any case, the Tenant must guarantee adequate insurance coverage, in legal terms, of the Captain. In the event that the Captain is indicated by the Lessor, at the express request of the Tenant, the latter acknowledges that the Lessor is unrelated to the relationship with the Captain and that the related work is exclusively between the Captain and the Tenant. In any case, the Tenant is required to ensure the presence on board of a minimum crew compliant with current legislation, in order to ensure the safety of navigation and compliance with the provisions of the law, within the maximum number of people indicated in the navigation license. 11. Crew and passengers. The Tenant undertakes to sail with a crew sufficient to ensure navigation in total safety, in compliance with current legislation, within the maximum number of people allowed indicated in the navigation license. The Tenant expressly declares to be obliged to comply with all legal requirements and to assume all responsibility, in accordance with current regulations, towards the persons embarked in any capacity, while the Lessor shall remain entirely uninvolved in such matters and assumes no responsibility in this regard. The Tenant shall be liable, both towards the Lessor and third parties, for the conduct of any such persons. With the Lessor's authorization, the Tenant may/may not board small animals (up to a maximum of 2), provided that they are duly identified and vaccinated. 12. On-board equipment. The boat is delivered to the Tenant complete with all the necessary equipment, accessories, safety gear and equipment for navigation, equipped with the necessary documents for navigation and equipped with insurance coverage pursuant to art. 14 of the General Rental Conditions and in compliance with Italian regulations. An inventory will be provided that will be signed by the Tenant at the time of taking delivery of the unit. 13. Use of the unit. The Boat is leased exclusively for recreational purposes, with a prohibition for the Tenant to use it for any other purpose, including transport of goods and passengers for a fee, professional fishing and commercial activities in general, participation in competitions and events. The Tenant accepts and undertakes to use the Boat exclusively for the permitted purpose and to strictly comply with the rules, regulations, orders and administrative measures of the competent Authorities, paying attention to the limits and prohibitions, even temporary, of navigation, as well as notices to sailors. The Tenant is authorized to use the Boat only in the waters of the Adriatic Sea. The Tenant undertakes to use the Boat personally in compliance with the law and any other regulations, with the utmost diligence, according to good seafaring rules, the correct nautical technique, in compliance with and in consideration of the technical-structural characteristics of the Boat that the Tenant declares to know well, as well as according to what is indicated in the on-board documents and in accordance with the agreed use. The Tenant undertakes to respect the environment and related regulations and not to carry out any form of pollution. The Tenant also undertakes to navigate only in weather and sea conditions that guarantee total safety for himself and the crew and to keep the Vessel in a correct state of navigability for the entire duration of the lease period. In any case, it is expressly forbidden for the Tenant to sublet or assign the Boat and/or to carry out rental/leasing activities, even occasionally, as well as to carry out any act of disposition on the same. The Tenant undertakes to keep an original copy of the lease agreement on board the unit during the entire period of the lease, in addition to all the documents prescribed by the regulations in force. Any use other than that described in this point must be authorized in writing by the Lessor, except for any operations to save human life at sea. During the rental period, the Tenant is solely responsible for all charges and expenses relating to the use of the Boat, including, but not limited to, those relating to crew, consumption, port, customs, support and/or mooring fees, including in private ports, galley and maintenance of boarded persons, routine maintenance, cleaning. The Tenant is the custodian of the Boat for the entire duration of the rental and undertakes to take care of it and keep it efficient during the rental period. 14. Insurance Coverage. The Lessor undertakes to deliver to the Tenant the Boat equipped with regular liability insurance coverage and with body and machinery insurance coverage, against all damage that may occur to the Boat, including total or partial loss, total and partial theft. The Lessor shall deliver a copy of the insurance policies to the Tenant upon delivery of the unit. The Tenant undertakes to be aware of the terms of the policy and not to engage in any act of commission or omission that would invalidate the insurance coverage. The total and/or partial loss of the boat, the theft of the same and its equipment, even partial, as well as damage caused by the fact and fault of the Tenant to the Boat and the equipment, is excluded from insurance coverage. Theft, loss or damage to property, as well as compensation for damages to the person, the Tenant and the persons on board, for facts or acts unrelated to the Lessor, are also excluded. 15. Breakdowns and failures. In the event of damage, failure, malfunction or defect of the Vessel, ascertained during navigation, the Tenant is required to immediately notify the Lessor, and if necessary the Authorities, and to do everything necessary to keep the unit and the people on board it safe, avoiding aggravation or damage. The costs for the recovery, towing, rescue and assistance operations provided during the rental period will be borne exclusively by the Tenant, unless they are due to the responsibility of the Lessor. 16. Responsibility of the Tenant. The Tenant is directly responsible for any damage caused to the Boat and/or to third parties during the rental period, except as covered by the insurance policy. In the event of an accident, the Tenant shall notify the Lessor immediately and in any case no later than 24 hours, in order to allow the Lessor to promptly forward the claim to the insurance company. In the event of an accident, the Tenant may continue sailing only with the consent of the Lessor and if the conditions of the Boat or weather allow it. The Tenant is forbidden to independently carry out actions and/or repairs resulting from any accident, which may be carried out only after written authorization of the Lessor, exclusively in the event that they are essential for the safe return of the Boat to the nearest port. The provisions of this clause also apply in the event that the Boat needs assistance and/or rescue. The Tenant is also forbidden to tow other units, or to be towed by other units, except in case of absolute emergency. The Lessor declines all responsibility for any damage to the unit and/or the people on board. The Tenant will be exclusively responsible for any violations or fines for infractions committed during the rental. 17. Termination of the contract. The contract may be terminated in advance, pursuant to Article 1456 of the Italian Civil Code, in the event of non-compliance with the conditions set forth therein. 18. Applicable Law. Italian Law applies. 19. Language. The Tenant hereby waives any exception that may refer to lack of linguistic understanding of the Offer, the Quote, the General Rental Conditions and the lease agreement. 20. Competent Court. If disputes arise regarding the validity, interpretation, execution and termination of these General Rental Conditions, the Parties agree that the Court of Pescara shall have exclusive jurisdiction, to the exclusion of any other competing and/or alternative court. 21. Processing of personal data. Personal data will be processed by Maca S.r.l. as required by the GDPR and by Legislative Decree n.196/2003 and subsequent mod. and int., will not be transferred to third parties and may be rectified, updated or deleted by sending written notice to the other Party. 22. Acceptance of the General Rental Conditions. Booking confirmation implies full acceptance of these Terms and Conditions. Maca s.r.l. reserves the right to update the contents and to promptly communicate changes to customers.