My Way

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

LEASE AGREEMENT FOR RECREATIONAL CRAFTS By this agreement, drawn up in two original copies and consisting of Part I, Part II, appendix “A” and any possible attachments, to be valid for all legal purposes even if concluded remotely by post, fax and email, between the Parties hereto, whose data are specified below, it is agreed as follows. PART I - DEFINITIONS AND DETAILS (A) Shipowner (B) Lessee (C) Recreational craft (hereinafter referred to as “Craft”) (D) Term of Lease (E) Delivery - Return (M) Shipbroker (see Part II, cl. 13) (N) Right of Termination (Directive 97/7/EC - Legislative Decree 22/05/1999 no.185) In the event that this agreement is concluded remotely and the Lessee is a Consumer (meaning a natural person acting for purposes other than the ones involved in his/her professional activity), the latter may exercise the right of termination within 10 working days as of conclusion of the agreement by sending to the Shipowner: a) registered letter with return receipt; or, b) telegram, telex and email, provided that such notice is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. The right of termination may not be exercised: a) in the event that the performance of this agreement is to be commenced before the term of ten working days as of conclusion of the agreement; b) when the Shipowner, upon Lessee’s request, undertakes to deliver the craft at a specific date or in a prearranged period. (O) Special Conditions By signing this agreement, consisting of Part I, Part II, appendix “A” and any possible attachments, the Shipowner and the Lessee declare that they have read, agreed and approved any and all of its parts, while the Shipbroker only executes it in its quality and by way of acceptance of the clause contained in Part II, item 13. Pursuant to art. 1341 and 1342 of the Italian Civil Code, the Shipowner and the Lessee expressly declare that they have read, agreed and approved the clauses hereof set out in Part I, items D, E, F, G, H, I, L, M, N, O, as well as clauses nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 set out in part II. PART II - GENERAL CONDITIONS 1. LEASE - The Shipowner grants the lease and the Lessee leases the craft, as identified above, for the agreed period of time and under the conditions set forth in this agreement, drawn up in two original copies and consisting of Part I, Part II, appendix “A” and any possible attachments. The craft shall only be used for recreational purposes, and shall expressly not be used for teaching pleasure navigation, for sports activities and as a support unit for scuba diving. 2. SHIPOWNER’S OBLIGATIONS - The Shipowner undertakes not to enter into any other lease agreement in relation to the craft for the same period of time. The Shipowner shall also: a) deliver the craft to the Lessee in the agreed place and at the agreed time. The craft shall be watertight, strong, equipped with adequate equipment, supplies and tools and in all respects in seaworthiness conditions. It shall also bear the documents and safety equipment required by law; b) guarantee the Lessee that upon delivery the craft will have the features indicated in Appendix "A"; c) insure and keep the craft insured in accordance with Part II, clause 9; d) promptly return to the Lessee, without interest, the security deposit after having ascertained that there are no damage to the craft, contractual breaches and obligations undertaken by the Lessee during the lease term; documentary evidence shall be provided for any withholding; e) take care of any repairs and replacements due to hidden defects of the craft or of its parts, as well as of the ones deriving from wear and tear for normal use of the craft, in accordance with the agreed use. 3. LESSEE’S OBLIGATIONS - The Lessee shall: a) pay the Shipowner the rent for the agreed lease period, under the agreed conditions and terms; b) pay the security deposit upon taking delivery of the craft by way of guarantee for any obligation hereunder; c) use the craft for recreational purposes only, with standard duty of care and according to its technical characteristics, between good and safe ports and anchorages, positioned within the agreed navigation limits, where it can always float safely; d) for the whole lease term, bear all the expenses related to the use of the craft, as well as undertake all the charges, obligations and responsibilities deriving from the existence on board and from the use of any communication equipment; e) periodically inform the Shipowner, by telephone, fax, telegram or other adequate means of communication, about the conditions and position of the craft; in the event of an accident, damages or breakdown, the Lessee shall promptly notify the Shipowner and any repairs shall be agreed with and authorised in writing by the Shipowner; f) during the lease period, take care of the ordinary maintenance of the craft in order to keep it in the same conditions of efficiency and seaworthiness in which it was taken over and compliant with the laws and regulations in force; also take care of any necessary repairs and replacements to the craft the Lessee or his/her guests may be liable for; g) bear the costs of damages not refundable by the insurer due to a fact or fault attributable to the Lessee and to his/her guests, as well as the deductible; h) return the craft to the Shipowner in the agreed place and at the agreed time and in the same good condition in which it was delivered, except for normal deterioration, free from any burdens and encumbrances arising from obligations that the Lessee may have undertaken; if repairs are to be carried out at the expense of the Lessee, the latter shall carry them out before returning the craft. Moreover, the Lessee expressly undertakes: not to use the craft to transport passengers or goods, nor to carry out any type of trade; comply with the minimum number of people making up the crew, as well as the maximum number of people that can be transported; not to take part in regattas, nautical competitions and sporting events of any kind; not to keep animals, weapons, explosives and drugs on board, not even for personal use; not to ask to be towed or to tow other crafts except in case of absolute emergency; not to leave a port or a safe anchorage when the competent Authority prohibits navigation or, in general, when the weather and sea conditions, the state of the craft and of its crew are such as to compromise the safety of the people on board and the craft itself; not to sublease the craft, nor to assign the rights deriving from this agreement without the written authorisation of the Shipowner. 4. PAYMENTS - The payments relating to the rent, as well as the payment of the security deposit, shall be made by the Lessee to the Shipowner in accordance with the agreed terms and conditions. If this agreement has been concluded through a Shipbroker, appointed by both parties to function as Depository, the rent shall be paid, in accordance with the agreed terms and conditions, by the Lessee to the Depository, who will keep and manage it as provided for by the laws in force, taking care of: a) transferring the deposit to the Shipowner, after having deducted the commissions due to the Shipbroker, by bank transfer to be made no later than the third working day after the one specified in Part I, item I. b) transferring the balance of the whole rent to the Shipowner by bank transfer to be made no later than the third working day after the one on which the craft is delivered to the Lessee. In the event that the Shipowner or the Lessee notify in writing to the Depository their intention to settle any disputes arising in connection with this agreement by arbitration, any sum still held by the Depository shall be withheld by the Depository and shall then be distributed to the subjects entitled thereto according to the indications set forth in the arbitration award. In the event of: a) non-payment of the deposit in accordance with the agreed terms and conditions, this agreement shall be deemed null and void. b) non-payment of the balance and/or of the security deposit in accordance with the agreed terms and conditions, this agreement shall be deemed terminated and the Shipowner may withhold all payments received and shall be entitled to compensation for damages. 5. LATE DELIVERY - If the craft is not delivered to the Lessee in accordance with the agreed terms and deadline, the Lessee may withdraw from this agreement, without any penalty, provided that he/she notifies it in writing within 24 hours as of expiry of the delivery deadline. In the event that: a) the lease is confirmed, the rent shall be applied from the moment the craft is actually taken over; b) the agreement is terminated, any sum paid by the Lessee shall be promptly returned to him/her, without interest. The Shipowner shall not be required to pay damages for late delivery if such delay is not due to his/her wilful misconduct or gross negligence. 6. LATE RETURN - If due to a fact attributable to the Lessee, the return is delayed: a) for a period not exceeding the tenth part of the contract term, the Lessee shall pay double the daily rent rate; b) for a period exceeding the tenth part of the contract term, the Lessee shall pay double the daily rent rate for each day (or part of it) until the craft is returned, unless the Shipowner proves to have suffered a greater damage. For the purposes of this agreement, the time required to bring the craft back to the agreed port shall also be considered a delay, should the Lessee terminate the lease in a different port; all costs associated with the transfer of the craft to the agreed port shall also be borne by the Lessee. 7. SUSPENSION OF LEASE - If, for facts not attributable to the Lesseeu0027s responsibility: a) the use of the craft is prevented for a period not exceeding 24 (twenty-four) consecutive hours or for one tenth of the lease term, whichever is the shortest, the lease shall not be applied from the moment the interruption begins until the moment the craft is available again. The expiry of the agreement shall remain valid, unless otherwise agreed. b) the craft is lost or its use is prevented for a period exceeding 24 (twenty-four) consecutive hours or a tenth of the lease term, whichever is the shortest, the Lessee may demand the termination of this agreement by giving written notice forthwith to the Shipowner. Any sum paid in advance, starting from the moment in which the interruption or loss occurred, shall be returned to the Lessee. Under such circumstances, the craft shall be returned in the place where the cause of the interruption occurred or where the craft was lost; the Lessee shall also be entitled to the reimbursement of travel and accommodation expenses, for himself/herself and for his/her guests, incurred to reach the agreed port. 8. INVENTORY AND CONSUMER GOODS - The craft shall be delivered and returned after the Shipowner and the Lessee have jointly drawn up a report about the on-board inventory and about the consumer goods (fuel, lubricating oil, water, intact stock of deck, machinery, galley and room) existing on board. The craft shall be delivered and returned with a full tank of fuel. The Lessee shall take care of any shortcomings or breakages that are ascertained at the end of the lease. 9. INSURANCE - The Shipowner shall insure and keep the craft insured for the lease duration by an estimated hulls policy covering cases of particular damage and 4/4 third-party claims, as well as by a policy covering civil liability towards third parties deriving from the circulation of the craft. The Lessee may request that a copy of all policies be provided to him/her for consultation before boarding. If the Lessee does not consider the coverage limits sufficient, he/she shall give written notice thereof to the Shipowner, which shall raise them up to the required limits, but the related costs shall be borne by the Lessee. In any case, the Lessee shall bear the costs related to damages not refundable by the insurer due to a fact or fault attributable to the Lessee and his/her guests, to the inadequacy of the insured values as well as to the deductible. 10. TERMINATION BY THE SHIPOWNER - If the Shipowner, before the start of the lease, decides to terminate this agreement by giving written notice to the Lessee, it shall return to the latter any sum paid in advance, without interest; it shall also pay a penalty as compensation for damages equal to: a) 25% (twenty-five percent) of the total rent if the notice of termination is given to the Lessee over 30 (thirty) days before the lease starts; b) 50% (fifty percent) of the total rent if the notice of termination is given to the Lessee within 30 (thirty) days prior to the commencement of the lease. 11. TERMINATION BY THE LESSEE - Without prejudice to the provisions set forth in Part I, item N, if the Lessee, before the start of the lease, decides to terminate this agreement by giving written notice to the Shipowner, the latter shall be entitled to claim the payment of the total rent, withholding all payments received. However, if the Shipowner is able to re-lease the craft to another Lessee for the same period, under conditions no less favourable than those hereby agreed, then the Shipowner shall return to the Lessee the payments received, deducting a sum equal to all expenses, including the commissions, incurred by the Shipowner for the conclusion of this agreement and for the new lease. If the cruise is cancelled due to the health restrictions imposed by Covid-19, a voucher valid for one year for a new booking will be issued for the amounts already paid. If the Lessee renounces for personal reasons before having paid the balance, he/she shall be charged a penalty of only 30% of the amount that has already been paid. If he/she renounces for personal reasons less than 30 days before departure, he/she shall be charged a 100% penalty. 12. RESCUE - The net remuneration paid for rescue and assistance activities provided to other crafts shall be divided equally between the Shipowner and the Lessee. All the measures taken by the Shipowner to establish the amount of the remuneration due for the rescue and to obtain the payment therefor shall be binding upon the Lessee. 13. SHIPBROKER - The Shipowner and the Lessee acknowledge the Shipbroker indicated in Part I, item M, as the sole intermediary of this agreement and a party to this agreement only as regards the mediation activity carried out in favour of both parties. The commission due to the Shipbroker shall be paid upon conclusion of this agreement, shall be calculated on the total gross rent, shall be paid by the Shipowner, shall be deemed as acquired even if the agreement is not performed or not reached for any reason whatsoever and shall be paid also in case the lease term is extended. The Shipowner and the Lessee also confer to the Shipbroker, which accepts, the role of Depository, authorising it to receive, keep and transfer the rent according to the provisions set forth herein. 14. GOVERNING LAW AND DISPUTES - For anything not provided for in this agreement, express reference is made to Italian law. Any and all disputes arising out of or in connection with this agreement shall be settled through informal arbitration at the Court of Taranto. PROCESSING OF PERSONAL DATA With reference to Legislative Decree 196/2003 on protection of privacy, the Lessee and/or Captain express their free and informed consent to the use and processing of their personal data by the Lessor, and by its employees and auxiliary staff, in order to perform this agreement in compliance with legal obligations. The Lessee and/or Captain also express their consent to the Lessor in order for it to use electronic systems to detect the geographical position of the craft and the navigation parameters in real or deferred time.