Kosmo

Written by the charter company, in its own words and language. navi-gate is not a party to them.

GENERAL TERMS AND CONDITIONS 1) PARTIES TO THE CONTRACT: in this contract, the Company*, as lessor, will be referred to as the "owner"; the customer, the holder of the contract, will be referred to as the "lessee"; any qualified driver, other than the person of the lessee, will be referred to as the "skipper". 2) ASSIGNMENT OF THE CONTRACT: the lessee is not allowed to transfer the aforementioned boat or the rights deriving from this contract to third parties. 3) EVENTS OF THE CONTRACT: the lessee may withdraw from the contract but loses the right to reimbursement of the sums paid by him to the shipowner as a deposit confirming the exclusive reservation; On the other hand, the lessee loses the right to withdraw from the contract from the sixtieth day prior to the start of the lease, and from that moment on, in the event of a subsequent declaration by the lessee that he cannot use the boat, the owner will always be entitled to 100% of the rate. In the event of interruption of the operation of the vessel due to the request or due to the lessee, he will not be entitled to any refund; Failure to use the boat during the period does not entitle the renter to any refund. The owner who, due to damage or any other reason beyond his control, is unable to deliver the contracted boat, will in any case have the possibility to deliver another boat of similar characteristics within three days, with the obligation to reimburse the lessee only for any daily fee not used. If the delay lasts beyond the aforementioned period, the lessee will be entitled to request the termination of the contract and the relative reimbursement of any fee paid plus interest at the legal rate, but without the right to any other form of compensation. 4) OBLIGATIONS OF THE SHIPOWNER: the shipowner shall deliver the vessel with its appurtenances, in a state of seaworthiness, complete with accessories, equipment and safety equipment and documents for navigation, as well as with everything necessary to make the said vessel navigable and to allow it to serve the agreed use. At the time of delivery, the lessee, once the vessel has been examined and ascertained that it is equipped with all the appurtenances necessary to make it navigable and to allow it to serve the agreed use, will sign a list, containing the inventory of the aforementioned appurtenances. By signing the inventory, the lessee expressly confirms that he has received the vessel in a good state of maintenance, in a state of seaworthiness and suitable for the agreed use: it follows that he will not be able to raise any further objection and the owner will be released from any liability in this regard. It is expressly understood between the parties that the detailed nautical charts provided by the shipowner cover only the "recommended area" for navigation, taking reasonable account of the size of the boat and the distances, as well as the port and accommodation facilities along the coasts; This area includes (**). The delivery of the boat takes place at the place, date and time stipulated in the contract. The time required to clarify the terms of use is within the period of the contract. The delivery obligation will become effective and payable for the shipowner only after the lessee has paid the full amount of the rental, has paid the deposit and has signed the inventory. 5) OBLIGATIONS OF THE LESSEE: the lessee is responsible for the vessel, for all legal purposes, for the entire period indicated in this contract; in particular, he/she is required to use the vessel with particular prudence, skill and diligence in accordance with the agreed use and according to the technical characteristics resulting from the shipu0027s documents, as well as to fulfil all the obligations assumed under this contract during the period of operation. The renter who will sail outside the recommended area must have detailed nautical charts, relating to the areas in which he intends to go. The lessee also undertakes to return the boat on the date, place and time established, in the state in which he took possession of it, with the same characteristics and suitable for the same use, together with accessories, equipment, equipment and documents received by the shipowner at the time of delivery. The lessee expressly undertakes to: 1) use the boat exclusively for himself and the crew and acknowledges that the transport of goods and passengers and any other kind of trade or economic activity is prohibited; (2) respect the minimum number of crew members, as well as the maximum number of persons that can be transported; 3) use the boat exclusively within the scope of their own or the designated personu0027s qualification document; 4) not to participate in regattas or other nautical events; 5) do not ask to be towed or tow other units except in case of absolute emergency; 6) comply with the prohibitions of the port authority due to bad weather or danger at sea; In any case, do not sail in seas greater than force six and whenever the weather reports communicate or predict in the short term dangerous weather situations for navigation. Violation of this obligation will result in the lessee being held liable for any damage suffered by the vessel; 7) anchor the boat in front of the coast in a safe position and to exercise continuous control; 8) steer the boat with sails suitable for the strength of the wind, so that they are not damaged; 9) not to keep any animals on board; 10) do not use any material that could damage it for the external and internal cleaning of the boat; 11) turn off the engine with an inclination of the boat greater than 15°; 12) contact the shipowner at least once a week to report the location; 13) With this contract, the lessee undertakes to use the chartered boat for pleasure use only. The lessee is responsible for all expenses related to the use and consumption of the boat and in particular fuel, lubricating oil, water, electricity, port fees, customs, support and/or mooring even in private ports, as well as any radiotelephone costs. The lessee undertakes to take care of the boat, to keep the accessories and the interior of the boat in order and to return it clean and in excellent condition. The lessee also undertakes to carry out the usual maintenance work and will consequently be liable for any and all damages resulting from non-compliance with the aforementioned obligation. The lessee may only assume on his own, without therefore using the name of the shipowner, any obligations, inherent in the vessel, that he has to contract with third parties, with the consequence that those obligations must be fulfilled exclusively by the lessee. The lessee is required to reimburse the shipowner for all sums which he has to pay to third parties as a result of unlawful acts committed by the said lessee, without the latter having to raise any objection of any kind. 6) DAMAGE, BREAKDOWN, ACCIDENTS, REPAIRS: in the event of damage, breakdown or accident, the lessee must immediately notify the shipowner; he may continue sailing only if this does not result in aggravation of the damage or danger to persons and the vessel. No repairs may be carried out without the owneru0027s prior authorisation. The costs of repairs shall be borne by the lessee and shall be reimbursed only if the cause of the repairs is not attributable to the lessee, in accordance with the provisions of this contract. To protect his rights, the shipowner may withhold the deposit, until the aforementioned liability has been fully ascertained, without therefore being required to pay anything by way of interest, damages or anything else. If, through no fault of the lessee, the boat suffers damage only to the engine, transmission, inverter, fixed and running rigging, sails, batteries, alternator, which affects its full use for more than 12 hours, excluding the first night after the damage, the owner will only be required to allow the lessee to make up for the unused hours, thus excluding any other form of compensation and/or reimbursement. This recovery will take place, at the discretion of the owner, at the end of the tenure period, or through the establishment of a credit note for subsequent leases. Pecuniary reimbursement is expressly excluded. It should be noted that this guarantee is due only in the event that the damage occurs in the stretch of sea between (***) and consequently that this guarantee is excluded whenever the damage occurs in a different stretch of sea. No repairs and assistance can be requested by the tenant outside the time slot that goes from 8.00 to 20.00. It is understood that the costs for repairs and assistance not chargeable to the shipowner, in accordance with the provisions of this contract, must be paid by the lessee at the normal hourly rates in force on the market, plus materials. It is reiterated that the following failures do not give the right to the above guarantee - i.e. to the recovery of the hours of lease not used, without prejudice to the exclusion of any right of the lessee to compensation and/or reimbursement: echo sounder, log, refrigerator, autoclave, tender, outboard, anchor winch both electric and manual, stereo, and any other equipment or equipment not included in the second paragraph of this article. Any requests for reimbursement for the admitted hypotheses must be made by the lessee directly to the owner at the time of return of the boat and in any case within the same day. The useless expiry of that period or any complaint to a person other than the shipowner will result in the renter forfeiture of the action for reimbursement. 7) INSURANCE: the boat is delivered insured: a) with a comprehensive policy, for the Mediterranean, up to total loss; this policy has a deductible which is covered by the renteru0027s deposit; b) with a third-party liability policy that is mandatory in accordance with the laws in force, for damage involuntarily caused to third parties by navigation or by the vesselu0027s storage in the water; this insurance does not cover: loss or damage to the property of the lessee and the transported; all damages and compensation due pursuant to art. 8. In any case, the lessee shall be liable for any damage of any kind that cannot be compensated by the insurer due to the tenantu0027s fault or act, as well as the deductible. 8) RETURN, OBSERVANCE OF THE TERMS: THE LESSEE, IF THE END OF THE RENTAL IS SCHEDULED IN THE MORNING, UNDERTAKES TO RETURN TO THE PORT OF RETURN BY 6.00 P.M. OF THE DAY BEFORE THE DAY SCHEDULED FOR THE RETURN, AND TO RETURN THE BOAT PUNCTUALLY ON THE DATE, TIME AND PORT PREDETERMINED, HAVING ALREADY PAID OFF ANY AND ALL OBLIGATIONS, inherent to the boat, contracted during the period of operation. The lessee is liable for failure to return to the shipowner, even in the event of unforeseeable circumstances, force majeure and damage. The cruise itinerary must therefore be planned in such a way as to allow the return of the boat in the established time, possibly anticipating the return in case of adverse weather forecasts. For the non-fulfilment of this obligation, the lessee will be required to pay the owner a sum of money equal to the weekly rental price of the same vessel during that period, as well as compensating for all economic damages caused by the delay itself, such as board and lodging costs on land of the next lessee and his crew. For the purposes of the above, the delivery of the boat to a port other than the port of return is also considered a delay, In this case, the lessee is also responsible for all the expenses resulting from the transfer of the boat to the port of delivery. 9) DEPOSIT: failure to pay the deposit will result in the termination of this contract and the shipowner has the right to retain as a penalty the sums paid to him by the lessee for the rental. The deposit will be returned after it has been ascertained that there are no damages, breaches of contract or obligations contracted at sea. The limitation of the lesseeu0027s economic liability to the amount of the deposit concerns only material damage caused to the vessel, while for other and miscellaneous damages the shipowner has the full right to claim compensation from the lessee, who will be liable with all his assets, for compensation for the full amount of the damage suffered. 10) SKIPPER: the skipper is the captain of the boat, responsible for it and the crew for everything related to navigation, its management, mooring manoeuvres, and anything else related to the duties of a good and experienced captain; the contract must be signed by the skipper; in the event that this does not coincide with the person of the lessee, he must sign this contract together with the lessee expressly as skipper. The owner has the right to ask the skipper for a boat license; If the owner does not have such a license, or if it is insufficient, or if his knowledge and skills are not, at the sole discretion of the owner, considered sufficient for the type of boat and for the safety of the people on board, the owner, if the lessee does not find another suitable skipper, may refuse the delivery of the boat, withholding 100% of the rate and the contract shall be considered terminated by law. In the case of a skipper found by the shipowner at the request of the lessee, it is expressly stated that the latter only provides contact between the lessee and the skipper, and that the shipowner is therefore entirely extraneous to the relationship of performance of work that exists between the latter; According to customs, the skipperu0027s food is the responsibility of the renter. In the above mentioned event that the lessee is not the same as the skipper, the latter will be directly liable to the owner for any damage or damage related to his specific duties specified at the beginning of this article, the remaining responsibilities remaining with the lessee. 11) BREACH OF CONTRACT: The lessee and/or skipper (as far as he/she is concerned) are directly responsible for any breach of this contract. They undertake, jointly and severally, to indemnify the owner from any claim made against him by anyone, for any event that occurred during the use of the boat or as a result of the same. In the event of seizure or detention of the boat for reasons attributable to the lessee, the latter must pay the owner a mandatory contractual indemnity corresponding to the rental rates in force, for the period of seizure and/or detention. 12) REFERENCE TO THE PROVISIONS OF THE LAW: The relationship between the parties herein concerns the sole rental of the boat and is therefore regulated, for anything not expressly established in this contract, by the regulatory discipline provided for the rental of movable property by the Civil Code and the Navigation Code. 13) EXCLUSIVITY AND VALIDITY OF THIS CONTRACT: THIS CONTRACT IS THE ONLY ONE VALID FOR THE PURPOSE OF OPERATING A BOAT BELONGING TO THE Company*; any other contract signed by the lessee for the operation of the same vessel, prepared by brokers or agencies, is null and void and in any case unenforceable against the Company*. The possible nullity of individual provisions of this contract does not entail its total nullity. Any agreement derogating from this Convention shall require the written form under penalty of nullity; The owner gives the information to the best of his knowledge and knowledge, but without guarantee. 14) DISPUTES AND EXCLUSIVE WAIVER OF THE COMPETENT COURT: FOR ANY AND ALL DISPUTES RELATING TO THIS CONTRACT, THE Court of Velletri (RM) shall be the exclusive court. 15) REFERENCES: the parties mutually acknowledge that these general terms and conditions of contract must be understood as supplemented by the wording, referred to by the asterisks, indicated on the first page, to the content of which express reference is made and full reference. 16) CONTRACT FORMATION: These parties declare that they have carefully reviewed this agreement and that each clause has been specifically agreed upon.