Sibylla

Rédigées par la société de charter, telles quelles et dans sa langue. navi-gate n'en est pas partie.

GENERAL CONDITIONS 1.PAYMENTS: The Charterer binds himself to pay the charter fee and the security deposit as provided the present charter party. In case not all these payments are paid or the terms are not observed, this charter party will be automatically cancelled and the Lessor shall be entitled to retain what has been received and to claim the damages suffered. 2. COMMAND OF THE YACHT: The chartered yacht has to be under the exclusive command and management of the holder of a valid nautical license. In case the Charterer doesn’t have a license in possession by law for the cruise, he has to appoint the Captain who shall also sign this charter party undertaking all those obligations entailed under it. The lessor or his representative has the right to ask the Charterer or his crew the license valid in Italy. In judgement of the Lessor or his representative, if the knowledge and ability of the license holder are not considered sufficient for the safety of the people on board or for the chartered yacht, the Lessor or his representative may propose the presence of a Captain to the Charterer at his charge, otherwise the charter party will be automatically cancelled and the Lessor shall be entitled to retain what has been received. 3. CHARTERER AND CAPITAN’S DUTIES: The Charterer and the Captain shall use the yacht with particular diligence according to its technical characteristics and the agreed employment. The Charterer and the Captain are jointly and severally responsible for any violations of this charter party and they bind themselves to pay for any request made to the Lessor for any happenings made during the charter period or in its consequence. 4. DELIVERY AND INSTRUCTION FOR USE: The Lessor must deliver the yacht at place and time foreseen by this charter party giving it in condition of seaworthiness, with all accessories, safety equipment and navigation papers as required by law, duty insured against all navigation risks, special average and third party liability. At the delivery, the Lessor will give an inventory list to the Charterer, who will confirm to have received the yacht with all its required accessories and equipment. Any kind of protest won’t be accepted after the delivery. The period of time spent to explain the instruction of use and to check the inventory list, will be considered part of the charter period. 5. DELAYED PERIOD: If for any reason the Lessor is unable to deliver another yacht with similar characteristics within 48 hours and he will refund the Charterer charterer for the period of delay at the pro-rata daily charter fee (see also art. 9, last paragraph). If the delay exceeds this period, for any reason not imputable to the Lessor, the Chatterer will be allowed to confirm his charter with the refund for the lost days or to give up the whole charter and to claim the repayment of the whole charter fee, but not entitled for damages nor interests. This decision shall be immediately communicated in writing to the Lessor and the contract will be considered rescinded. 6. USE OF THE YACHT AND RESTRICTIONS: The Charterer and the Captain bind themselves to use the yacht exclusively for pleasure cruising between safe and secure ports and anchorage, where it can enter, remain and set sail safely lie always afloat within the cruising area. They must take note that it’s not allowed to transport goods, passengers or any other commercial items. Moreover the Charterer and the Captain bind themselves: a) to respect the minimum crew and the maximum number of persons allowed on board; b) to use the yacht within the above mentioned cruising area and to not leave Italian territorial waters without the written consent of the Lessor; c) to obtain a written authorisation on the part of the Lessor to take part in races, regattas or competitions; d) not to ask to be towed or tow other vessels except under emergency circumstances; e) to respect the hosting country laws, especially the set of rules concerning customs declarations, fishing, scuba diving and dispositions of harbourmaster, custom and sanitary authorities: f) to follow the competent authorities dispositions when navigation not allowed because of any reason (bad weather, danger of area) and not to leave port, or the anchorage or, if the yacht is in navigation, to enter in the nearest port of safe place at once when the wind and sea are or are predicted to be over five of Beaufort scale or when the vessel or crew conditions are such as to affect the safety of the vessel and their guests; g) to moor the yacht near the cost in a safe position and never leave it without control; h) not to give sailing lessons; i) not to keep any kinds of animals on board; l) to enter in the yacht’s log book arrivals and departures from the ports, atmospheric conditions, hours cruised using engine, damages, repairing, etc.; m) not to sail in dangerous areas in consequence of wars, hostilities, military operations, revolutions, riots and where the navigation is forbidden, taking note that insurance are not acting; n) not to keep firearms or drugs on board even for personal use. 7. MAINTENANCE OF THE YACHT: The maintenance of the yacht is charged to the Charterer, who binds himself to take care of the yacht, to keep it and its accessories in order and clean, and to provide for normal maintenance (oil changes, care of the engine, batteries, winches, sail, etc.). During the charter period the expenses for damages due to “force majeure” or normal use of the yacht under the terms of this charter party will be paid in advance by the Charterer and they will be refunded at the end of the charter. 8. RUNNING COSTS: The Charterer shall pay all the expenses concerning the use and consumption of the yacht during the charter period and in particular for fuel, oil, water, electricity, harbour fees and dues, anchorage and mooring dues, local and custom taxes, employment or radiotelephonic equipment and finally pecuniary and administrative penalties. If at the end of the charter is not possible to establish the cost of telegrams, telephone and radio-telephonic calls their amount will be estimate by the Lessor and paid by the Charterer. 9. DAMAGES AND REPAIRS: The Charterer must inform the Lessor or his representative in writing of any failure, damage and anomalies, which may occur on the yacht within 24 hours. The Charterer can continue the navigation only if it doesn’t worsen the damage or if it doesn’t expose the yacht and the people on board in danger. The Charterer shall previously and necessarily obtain the consent in writing of the Lessor, for price and technical suitability of all repairs to be made, in order to be refunded at the end of the charter. If the yacht is damaged, independently of the Charterer’s fault, such as to prevent the responsible use of the yacht for a period exceeding 48 consecutive hours, the Lessor shall refund the Charterer for the period at the pro-rata daily charter fee and the Charterer must not put forward any right for further damages. If the time necessary to repair the yacht exceeds 96 consecutive hours, the Charterer shall have the right to terminate the charter and to claim the pro-rata repayment for the part of the charter period that commended at the time disablement. According to the organizing exigencies the Lessor shall allow a pro-rata extension of the charter period adding the days of disablement. If any repair is necessary at the Charterer expenses, these shall be effected before redelivery. Anyway the Charterer shall refund the Lessor for the needed time for the repairs exceeding the charter period and further damages because of this waste of time. The Charterer declares to give up, as he actually does, to any compensation for moral and patrimonial damages. 10. REDELIVERY AND OBSERVANCE OF THE TERMS: The Charterer bind himself to redeliver the vessel in terms and in the port above defined, without any dept that might have had during the charter in as good conditions as when delivery was taken with all the accessories, equipment, supplies and documents received from the Lessor. The cruise itinerary must be planned in order not to delay the redelivery that must be anticipated in case of bad weather forecast. If the redelivery doesn’t occur in the defined time, the Charterer shall pay a penalty equal twice the daily hire rate agreed for each day or fractional part of a day exceeding two hours until the redelivery will be effected and the Lessor will be entitled to claim the repayment for damages due to the failed or delayed delivery to the following user of the yacht. If the Charterer doesn’t end his cruise in the defined port, the time required to take the yacht go the port of redelivery, will be considered as delay and he shall pay all costs for transferring the yacht to the agreed port of delivery. The parties agree that the delay of redelivery cannot exceed five days, if any written authorization will be given by the Lessor. The Charterer declares that he is aware that his behaviour implies an interversio possessionis (interversion of possession) of the hired yacht and the offence of embezzlement. 11. RELEASE OR INTERRUPTION: In case of the Charterer’s release to the charter party he has to inform immediately in writing the Lessor who will be entitled to claim or to retain: a) the down payment, if the notice arrives before the date agreed for the settlement; b) the full charter fee, if the notice arrives within 30 days before leaving. However, if the Lessor will be able to re-let the yacht to other Charterers for the same period at the same conditions first agreed, he will return all payments received, deducting all expenses (commission included) incurred for this charter and the new one. If the cruise is voluntarily interrupted, the Charterer won’t have any refunds, but he shall pay all expenses due to this anticipated redelivery to the Lessor. 12. SECURITY DEPOSIT: The deposit paid in security for any obligation of the Charterer, the Captain or the guests will be returned to the charterer, without interests, after having ascertained that no damages, contractual violations and obligations have been made during the charter period. 13. INSURANCE: The insurance made by the Lessor doesn’t cover the loss or damage of items belonging to the Charterer and his guests, tort liability towards the Charterer’s parents on board. The Charterer will know all insurance conditions, because a copy of them will be given to him before embarkation. In any case, the Charterer shall pay for any damage not covered by the insurance due to the Charterer’s responsibility, the franchise and the inadequate insured value. 14. BAD WETHER CONDITIONS: The Lessor doesn’t take on any responsibility for departure delays or cruise interruption due to bad weather conditions or Orders issued by the Port Authority. As for the present contract by “force majeure” it is meant any circumstances due to: acts, facts, events, omissions, accidents beyond any reasonable control of the Lessor and of the Charterer (included but not limited to strikes, lock-outs or other business disputes, popular tumults, revolts, invasions, war, fire, explosions, sabotage, piracy, storms, collision, stranding or other maritime accidents. 15. REMUNERATION FOR ASSISTANCE, SALVAGE AND RECOVERY: During the charter, any benefits for salvages, towage and assistance operations shall be equally shared between the Lessor and the Charterer after deducting expenses and hire for the charter period not enjoyed by the Charterer, damages endured by the yacht. All measures undertaken by the Lessor to have payment for assistance and salvage will be binding for the Charterer and the Captain. The Charterer and/or the Captain will be directly responsible for the obligations due to assistance and towage required to other units except cases of actual danger for people on board and for the integrity of the yacht however not due to acts and/or omissions of the Charterer and/or the Captain. 16. SUBCHARTERING AND TRANSFER OF CONTRACT: The Charterer is not allowed to subcharter the yacht or to give up the rights which result from the present charter party. 17. PERSONAL DOCUMENTS: The Charterer answers for the necessary documents and visas of all the people on board at the beginning of the charter. 18. RESPONSABILITY FOR UNDER AGE PEOPLE: If on board there are under age people, the Charterer will be totally responsible of their safety and behaviour. 19. HEALTH OF THE CHARTERER AND OF HIS GUESTS: The yacht, for its features, could be not appropriate for handicapped people or for people undergoing to medical treatment. By signing the present charter party the Charterer answers for the good health of himself, of his guest and of the Captain before shipping. 20. REGISTRATION COSTS: Any possible registration costs of this charter party and any other costs relating to it will be charged to the requiring party. 21. CONTROVERSY: Any controversies about interpretation or execution of this charter party will be referred to Foro di Napoli. 22. APPLICABLE LAW: With regard to what not specifically stipulated in the present charter party, reference is made to the current Italian legislation. If this charter party is translated, the Italian one will be considered prevalent for interpretation or discrepancy. 23. BROKERAGE COMMISSION: Any brokerage commission in respect of the stipulation of this charter party are charged to the Lessor. With the charter party the Lessor gives on his behalf a mandate to the Broker to receive the down payment and the settlement of the charter fee retaining his commission. The commission will be in any case entirely paid, after the down payment, even though the charter is cancelled. 24. BROKER: ........................has negotiated this charter party. The Lessor and the Charterer recognize in accordance with the broker that he is the signer of the contract only for what concern his acting and they relieve the Broker from any responsibility resulting from the use of the hired yacht.