WHITE

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

CONDITIONS 1. LESSOR - The Lessor (boat owner) grants and the Renter (client) leases the boat as identified above, for the agreed period and under the conditions contained in the present contract made in duplicate and consisting of Part I, Part II and any annexes. The boat is to be used only for recreational purposes, expressly excluding its use for the teaching of recreational navigation, for sports activities and as a support unit for scuba diving. 2. OBLIGATIONS OF THE LESSOR - The Lessor undertakes not to enter into any other lease agreement relative to the unit for the same period of time; furthermore, he must: 1) deliver the boat to the Renter at the agreed place and time, with the relative appliances, in perfect efficiency, equipped with the safety equipment and the documents prescribed by law; the time necessary for the clarification of the modalities of use of the craft falls within the period of the contract. 2) to insure and keep the unit insured in accordance with Part II, clause 11. 3) to promptly return to the Renter, without interest, the security deposit after having ascertained the absence of damage to the unit, of breaches to the contract and of obligations contracted by the Renter during the lease period; any eventual deduction shall be duly documented; 4) to provide for repairs and replacements due to hidden defects of the unit or its parts, as well as those due to wear and tear due to the normal use of the unit according to the agreed use. 5 ) The delivery obligation shall become effective and due by the lessor only after the Renter has paid the entire rental fee and has signed the inventory of the accessories and equipment on board. 3. RENTER OBLIGATIONS - the Renter shall be liable for the boat, to all effects of the law, for the entire period indicated in the present charter agreement; in particular, he shall be obliged to use the boat with particular prudence, skill and diligence, in compliance with the agreed use and according to the technical characteristics resulting from the documents on board, as well as to fulfil all the obligations assumed with the present charter agreement during the period of lease. The Renter shall: 1) pay the Lessor, in the manner and within the terms agreed, the rent relating to the agreed rental period; 2) pay the Lessor, as a guarantee for any obligations to which he may be subjected deriving from the present agreement, the security deposit at the same time as taking delivery of the boat; 3) to use the unit exclusively for recreational purposes, with due diligence and according to its technical characteristics, within good and safe harbours and anchorages, within the limits of navigation agreed, where it can stay safely afloat at all times, scheduling the navigation so as to return the boat at the agreed place and time; 4) to respect the minimum number of persons making up the crew, as well as the maximum number of persons that can be carried; 5) to use the boat exclusively within the scope of the licence document of his own or of the designated person 6) to bear all operational expenses for the supply of fuel, lubricating oil, water, electricity, food and drink for himself and his guests, communication costs, port and customs charges, support and/or mooring also in private ports, and in general all expenses and costs resulting from the use of the boat by the Renter and his guests for the entire duration of the rental period 7) to periodically and regularly inform the Lessor, by telephone, e-mail, telegram or other suitable means of communication, of the state and position of the unit; in the case of accident, damage or breakdown the Renter must give immediate notice and any repairs must be agreed and authorised in writing by the Lessor; 8) to anchor the boat in front of the coast in a safe position and to exercise continuous monitoring; 9) to conduct the boat with sails appropriate to the strength of the wind, so that they are not damaged; 10) not to keep any animal on board; 11) not to use, for the external and internal cleaning of the boat, any material that could damage it; 12) to turn off the engine with an inclination of the boat greater than 15°; 13) to provide, during the rental period, to the ordinary maintenance of the boat in order to keep it in the same conditions of efficiency and navigability in which it was taken over and in compliance with the laws and regulations in force, as well as any necessary repairs and replacements to the boat if attributable to his/her responsibility or that of his/her guests 14) to bear the cost of damages that cannot be indemnified by the insurance, (deductible) due to the fault or negligence of the Renter or its guests 15) to return the boat to the Lessor at the place and time agreed upon and in the same good condition in which it was delivered, except for normal wear and tear, together with the accessories, equipment, fittings and documents received from the Lessor at the time of delivery and free from any liens and encumbrances deriving from obligations assumed by the Renter; If repairs are necessary at the expense of the Renter, the latter must carry them out before returning the boat. With the present charter agreement the Renter undertakes to take care of the boat, to keep the accessories and the interior of the same in order and to return it clean and in excellent condition. The Renter may assume only on his own behalf, without therefore unauthorised make use of the name of the Lessor or his likeness, eventual obligations regarding the boat, that he may have to contract with third parties, with the consequence that those obligations will have to be exclusively fulfilled by the Renter. The Renter is bound to reimburse the Lessor all the sums that the latter has to pay to third parties for illicit actions committed by the said Renter, without the latter having to raise any exception whatsoever. Furthermore, the Renter expressly undertakes: not to cede the rights deriving from the present contract without the written authorisation of the Lessor; not to use the boat to transport passengers or goods, nor to carry out any kind of commerce; to respect the minimum number of persons making up the crew, as well as the maximum number of persons that may be transported; to assume full responsibility for the safety and conduct of minors on board; not to participate in regattas, nautical competitions and sporting events of any kind; not to keep on board weapons, explosives and narcotic substances, not even for personal use; not to ask to be towed or to tow other vessels except in case of absolute emergency not to leave a port or leave a safe anchorage when the competent authority prohibits navigation or when wind conditions are equal to or greater than force 6 on the Beaufort scale or, in general, when weather and sea conditions, the state of the unit and its crew are such as to compromise the safety of the people on board and of the boat; not to sub-lease the unit; breach of this obligation will make the Renter liable for any damage suffered by the boat. 4. PAYMENTS - The payments regarding the rent, as well as the payment of the security deposit, must be made by the Renter to the Lessor in the manner and within the terms agreed. If, on the other hand, the present contract has been concluded through the Maritime Broker, appointed by both parties to act as Depositary, then the rent shall be paid in the manner and within the terms agreed upon by the Renter to the Depositary, who shall keep and manage it in the manner provided for by the laws in force, providing to a) transfer the down payment of the rent to the Lessor, after deduction of any commission due to the Mediator, by bank transfer to be made no later than the third working day following the one stated for the down payment in Part I, item J. b) transfer the balance of the total rent to the Lessor by bank transfer to be made no later than the third business day following the date stated for the balance in Part I, item J. In the event of: a) failure to pay the deposit in the agreed manner and within the agreed time, this agreement shall be deemed null and void. b) non-payment of the balance and/or payment of the security deposit in the manner and within the terms agreed, this contract shall be considered terminated and the Lessor shall be entitled to retain all payments received with compensation for damages. 5. INVENTORY AND CONSUMPTION GOODS - The delivery and redelivery of the boat must take place after the Lessor and the Renter have drawn up a report on the on-board inventory and the consumption goods (fuel, lubricating oil, water, deck provisions, machinery, galley and room) on board. The vessel shall be handed over and returned with a full tank of fuel. The Renter shall make up any shortages or breakages that are ascertained at the end of the Lease period. By signing the inventory, the Renter expressly confirms that he has received the boat in a good state of maintenance, in a seaworthy condition and suitable for the agreed use: it follows that he may no longer make any objection and the Lessor shall be released from all liability in this respect. 6. DELIVERY - The boat must be delivered and taken over within the terms indicated in Part I, items D and E. Should the Lessor be unable to deliver the contractual unit due to damage or for any other reason beyond his control, he may replace such unit with another of similar or superior dimensions and characteristics at his discretion. Should neither the contractual unit nor the replacement unit be made available to the Renter within 48 hours of the expiry of the agreed delivery limit, the Renter shall be entitled to withdraw from the present contract without penalty. In the event of: a) confirmation of the lease, the rent shall commence from the moment of the actual taking over of the unit; b) termination of the agreement, any compensation paid by the Renter shall be returned to him immediately, without interest. The Lessor shall not be obliged to pay damages for the delay in delivery if this is not due to his intent or gross negligence 7. REDELIVERY - the boat shall be redelivered by the Renter within the terms indicated in Part I items D and E. If for any reason, except for facts attributable to the Lessor, the redelivery is delayed a) for a period not exceeding the tenth part of the term of the contract, a fee shall be payable by the Renter in the amount of double the daily rent instalment. b) for a period exceeding the tenth part of the term of the agreement, the Renter shall be liable to pay double the amount of the daily rent for each day (or part thereof) until the redelivery is carried out, unless the Lessor can prove greater damages. For the purposes of this agreement, the time needed to bring the unit to the port scheduled for redelivery shall also be considered a delay, should the Renter terminate the lease at a different port; all expenses related to the transfer of the unit to the port scheduled for redelivery shall also be borne by the Renter. 8. SUSPENSION OF THE RENT - If, due to failures inherent only in the constituent parts of the unit, the repairs or replacements of which are attributable to the Lessor as being due to hidden defects or wear and tear due to normal use in accordance with Part II, clause 2, point 5) of this agreement a) the use of the unit is prevented for a period of less than 6 (six) hours, the rent shall run regularly from the time when the interruption began until the time when the unit is able to resume service; b) the use of the unit is prevented for a period of between 6 (six) and 48 (forty-eight) consecutive hours, the tenancy shall not commence from the time when the interruption commenced until such time as the unit is able to resume service. This is without prejudice to the expiry of the contract, unless otherwise agreed. c) the unit is lost or its use is prevented for a period of more than 48 (forty-eight) consecutive hours, the Renter may invoke the termination of the present agreement by immediately notifying the Lessor in writing. Any compensation paid in advance, from the moment the interruption or loss occurred, shall be returned to the Renter. In these circumstances, the redelivery of the unit shall take place at the place where the cause of the interruption occurred or where the unit was lost; the Renter shall also have the right to reimbursement of travel and accommodation expenses for himself and his guests necessary to reach the port of redelivery. This clause shall be applied only if the Renter sends written notice (by registered letter, telegram, fax or e-mail) to the Lessor within and no later than 24 hours from when the breakdown occurred. 9. DAMAGE, DAMAGE, ACCIDENTS, REPAIRS - in the event of damage, breakdown or accident, the Renter must immediately inform the Lessor; he may continue navigation only if this will not aggravate the damage or endanger persons or the craft. He may not carry out any repairs unless authorised by the Lessor. The necessary expenses for the repairs are at the Renter expense and will be reimbursed to him only if the cause of the repairs is not attributable to him, according to the provisions of the present agreement.To protect its rights, the Lessor may retain the security deposit until the aforesaid liability is fully ascertained, without therefore being required to pay anything by way of interest, damages or anything else. No repairs or assistance may be claimed by the Renter outside the hours between 8 a.m. and 8 p.m. on weekdays. It is understood that the expenses for repairs and assistance that are not the Lessor responsibility, according to the provisions of this agreement, shall be paid by the Renter at the normal market hourly rates, plus materials. Any claims for reimbursement for the permitted hypotheses must be made by the Renter directly to the Lessor when the boat is returned. The elapse of that term or the possible complaint to a person other than the Lessor will result in forfeiture of the reimbursement action for the Renter 10. INSURANCE - The Lessor must insure and keep the boat insured for the duration of the rental period by means of a hull insurance including cases of specific failure and third party recourse 4/4, as well as by means of a policy covering civil liability towards third parties deriving from the circulation of the unit; such insurance does not cover: loss of or damage to the Renter property and that of the passengers. The Renter may request that a copy of all the policies be provided to him for consultation prior to embarkation. If the Renter does not consider the coverage limits sufficient, he must notify the Lessor in writing, who shall be obliged to increase them to the required limits, but the relative expenses shall be borne by the Renter. In any case, the Renter shall be liable for damages that cannot be indemnified by the insurer due to the fact or fault of the Renter and his guests, the inadequacy of the insured values, the deductible 11. COMMAND OF THE UNIT – (The boat is leased without master and crew). The choice of the Captain is subject to the Lessor's approval. Should the Renter not be in possession of a nautical licence, or should this not be sufficient for the planned voyage, he shall indicate the name of the person who will command the unit and who will sign this contract, co-assuming the relative obligations. The Lessor or his representative shall have the right to request from the Captain the qualification to command the unit valid for Italy. It’s the Lessor's or its representative's sole discretion should the Captain knowledge and skills, regardless of the command qualification held, be deemed insufficient for the type of unit, for the safety of persons or the boat. 12. COMMANDER'S OBLIGATIONS - The Captain is the Captain of the boat, responsible for the boat and the crew for all that concerns navigation, its conduction, mooring manoeuvres, and anything else pertaining to the duties of a good expert captain; should the Captain not coincide with the Renter, the Captain shall sign this agreement as Co-Renter. In the case of the Captain being found by the Lessor at the Renter request, it is expressly declared that it provides only the contact between the Renter and the Captain, and that the Lessor is therefore entirely extraneous to the working relationship between both parties. In the above-mentioned case in which the Renter does not coincide with the Captain (co-Renter), the latter shall answer directly to the Lessor for any damages or breakdowns relating to his specific duties, specified at the beginning of this article, the remaining responsibilities remaining with the Renter. The Captain shall in particular listen to the Maritime Authority when it prohibits navigation for any reason whatsoever (bad weather, dangerousness of the area, etc.). Should weather and sea conditions present elements with an intensity greater than force 5 on the Beaufort scale, the Captain shall not leave the port or, if sailing, shall land to the nearest safe port or anchorage point. If the vessel is anchored close to the coast, the Captain shall ensure that the vessel is never left unchecked, appropriate to the situation and location. The Captain shall be obliged to record in the logbook any arrivals and departures from ports, the weather conditions, the hours of motion performed daily with the help of the engine. The Captain, the Renter and his guests undertake to comply with all the laws of the country in which the vessel will be located, including the regulations concerning customs declarations, the provisions of the Port/Customs Authorities and the current fishing regulations (including underwater). Should the rental agreement last longer than ten days, the Captain shall communicate (by telephone, fax, telegram, e-mail or other valid means of communication) every seven days the location of the unit to the lessor or his representative. The Captain shall also immediately (via the aforementioned means) notify the Lessor or his representative of any accidents, breakdowns, damages and anomalies occurring on board the boat. 13. TERMINATION BY THE LESSOR - In the event the Lessor prior to the commencement of the tenancy, decides to terminate this agreement by giving written notice to the Renter, then the Lessor shall return to the Renter any advance payment, without interest, in addition to a penalty by way of damages equal to 10% (ten percent) of the total rent. 14. TERMINATION BY THE HOLDER - Should the Renter, before the beginning of the rental period, decide to terminate this contract by giving written notice to the Lessor, the latter shall have the right to demand payment of the total rent, retaining all payments received. In particular if the notice of termination is received by the Lessor 1) more than 30 (thirty) days prior the commencement of the lease the Lessor shall have the right to retain only the down payment equal to 50% paid by the Renter; 2) if the notice of termination is received by the Lessor within 30 (thirty) days prior the start of the lease, the Lessor shall be entitled to the full amount of the agreed payment. 15. RESCUE - The net compensation for rescue and assistance rendered to other units shall be divided equally between the Lessor and the Renter. All measures taken by the Lessor to establish the amount of the compensation due for rescue and to obtain payment shall be binding on the Renter. 16. ASSISTANCE - the Lessor points out that the boat is moored at his own base in the port of Salerno - Marina di Arechi , that the same has been garaged and fitted out by the lessor company, and that all ordinary and extraordinary assistance has been carried out correctly, moreover the lessor company has an organisational structure with an area assistance network, which includes assistance at sea in case of breakdown by calling at number +39 338 338 7800 17. TOUR OPERATOR - the Lessor and the Renter acknowledge the Tour Operator indicated in Part I, item M, as the sole intermediary of this contract and a party to it only with regard to the organisational activity carried out in favour of both parties. The commission fee due to the Tour Operator is due upon the conclusion of the present agreement, is to be calculated on the total gross rent, is paid by the Lessor, and is understood to be acquired even if the agreement is terminated for any reason. The Lessor and the Renter grant the Tour Operator, who accepts, the assignment to act as Depositary, authorising him to receive, keep and transfer the rent according to the provisions contained in the present contract. 18. RIGHT OF WITHDRAWAL - In the event that this contract is concluded at a distance and the Renter is a Consumer (meaning a natural person acting for purposes that do not fall within the scope of his/her professional activity), the latter may exercise his/her right of withdrawal within 10 working days from the conclusion of the contract, by sending to the Lessor a) a registered letter with return receipt; or, b) a telegram, telex, telefax and e-mail, provided that such communication is confirmed by registered letter with return receipt within the following 48 hours. The right of withdrawal may not be exercised: a) in the event that the execution of the present contract is to commence before the expiry of ten working days from the conclusion of the contract; b) when the Lessor, at the Renter request, undertakes to deliver the unit on a specific date or within a predetermined period. 19. FORCE MAJEURE - For the purposes of this agreement "force majeure" shall mean by way of example and not limitation any cause attributable to acts, facts, events, omissions, accidents or Acts of God beyond the reasonable control of the Lessor or Renter (including, but not limited to, strikes, lockouts or other business disputes, civil unrest, riots, invasions, war, fire, explosion, sabotage, piracy, storm, collision, grounding or other accidents at sea). 20. LAW AND DISPUTES - This contract is governed by Italian law, with particular reference to the rules governing the leasing of pleasure craft in force in Italy and with the express exclusion of the rules governing the carriage of passengers and the travel contract (as defined and regulated by the CCV International Convention signed in Brussels on 23 April 1970). Any registration costs in case of use of this contract shall be borne by the party requesting the registration. For the resolution of any and all disputes relating to this contract the Court of Salerno shall be the exclusive place of jurisdiction. 21. FORMATION OF THE CONTRACT - the present parties declare that they have carefully examined the present contract and that each clause has been specifically agreed upon. The Lessor The Renter The co-Renter/Captain _____________ _______________ _______________ Pursuant to Articles 1341 and 1342 of the Civil Code, Book IV, Title II, Chapter II, Section I, the undersigned expressly declares that he/she has read and approved the clauses set forth in 2. Obligations of the Landlord, 3. Redelivery, 10. Damages, breakdowns, accidents, repairs, 11. Insurances, 12. Command of the unit, 13. Obligations of the Master, 14.Termination of the Landlord, 15.Termination of the Tenant, 19. Right of withdrawal, 21. Law, disputes and jurisdiction. The Lessor The Renter The co-Renter/Captain _____________ ________________ _______________