GENERAL CHARTER PARTY CONDITIONS
1) Terms of payment.
50% of the total
amount must be paid upon signing this agreement. The remaining 50% within 30
days from the boarding date. The
extra and supplementary facilities agreed upon will have to be settled directly
in loco before departure. Failure to comply with these
conditions allows for the cancellation of the reservation even if already
confirmed.
2) Crew List.
It is not allowed to embark other persons who are
not inserted in the list. It is possible
to do some variations before the embarking if you will tell them to the Charter
Company.
3) Capitan (skipper)
The skipper is the
captain of the boat, responsible for it and for the crew in all things
pertaining to navigation, handling, mooring
maneuvers and all else relating to the duties of a good and expert captain; the
charter party must be signed by the skipper;
should the latter be a party other than the Charterer he must sign this charter
party, together with the Charterer, expressly in his
capacity as skipper;
The Owner is entitled to ask for the skipper’s sea-brief and if the skipper has
no sea-brief, or if it is insufficient, or if his knowledge
and capacities are not, in the Owner’s incontestable opinion, sufficient for
the type of boat and for the safety of the persons on board,
the Owner - unless the Charterer finds another, suitable skipper - may refuse
to deliver the boat and may withhold 100% of the tariff
and the charter party will be considered as automatically cancelled.
Should, at Charterer’s request, the Owner find a skipper it is expressly
declared that the Owner merely provides the contact between
the Charterer and the skipper and that the Owner is therefore entirely
extraneous to the service relationship between said parties; as is
common usage the skipper’s board is on Charterer’s account . If, as stated
above, the Charterer is not the skipper the latter will
answer directly to the Owner for any damages or average related to his specific
duties as indicated at the beginning of this present
article, whilst the remaining liabilities will be for Charterer’s account.
4) Stay.
The nights spent
on-board are charged.
5) Mooring
Mooring in Marina di
Portisco is free for the client during the whole year except July and August,
which include only the first
(Saturday) and last night (Friday).
6) Security deposit.
The Charterer, at the
moment of boarding, shall pay to the Ship-owner the security deposit provided
for in this agreement which will
be returned to the charterer when the yacht is delivered back to the
Ship-owner, on condition that no reimbursement is necessary by
way of compensation according to the terms of this agreement. The payment of
the security deposit is fixed in the contract and will
be due at the end of the check-in and may be paid with credit card. The
security deposit will be returned without interest, at the end
of the cruise after the inspection of the boat. If the damage occurred cannot
be calculated due to its peculiarity, the caution will be
taken until a right value will be find and it will be given back the difference
between the caution and the damage valued. If in case
of any problem arising because of the Charterer, at the end of the cruise, we
have not been able to proceed to verify the state of the
boat, the deposit will be held until the verification of the state of the
things.
It is acknowledged that – as result of the verification of the status of the
boat – the deposit security will be retained for an amount of
money which will equal the amount of the damages caused by the Charterer of the
boat.
Charterer’s financial liability is limited to the sole amount of the security
deposit solely in respect of material damages caused to the
craft, and the Owner is fully entitled to demand from the Charterer - who will
respond with his personal estate - the refund of the
entire amount of any other and different damages suffered. (I.e. the loss of earning
caused by the necessary of the boat stationary of
the boat for the time needed to fix it.
7) Insurance.
the boat will be
delivered insured: a) with a kasko (fully comprehensive) policy for
the Mediterranean, up to total loss; this policy has
an allowance which is covered by the Charterer’s security deposit; b) with a third party
civil liabilities policy, obligatory under the
current laws, for damaged accidentally caused to third parties by the
navigation or by the lying afloat of the craft: this insurance does
not cover: the loss or damages to the property of the Charterer and of the
parties carried on board. In any case the Charterer remains
liable for any damages whatsoever which may not be indemnifiable by the
underwriter by reason of deed or fault of the Charterer, as
well as for the allowance.
8) Damages, Averages,
Accidents, Repairs.
In the case of
damage, average or accident the Charterer must immediately notify the Owner; he
may continue navigation only if this
will not aggravate the damage or provoke peril to persons and the craft. He may
not carry out any repairs without the prior
authorization of the Owner. The costs necessary for the repairs are on
Charterer’s account and he will be refunded only if the cause
cannot be attributed to him under the conditions of the present charter party.
The Owner may withhold the security deposit to
safeguard his rights until such time as said liability has been fully
established, without any obligation to pay any amounts on account
of interests, damages or other reasons.
Should - without there being any liability on the part of the Charterer - the
boat suffer any average solely in respect of the engine, the
transmission, the reversing gear, the standing and running rigging, the sails,
the batteries and/or the alternators which may prejudice
its full use for over 12 hours (excluding the first night following the
average) the Owner will only be held to allow the Charterer to
recover those hours not enjoyed and all other forms of compensation and/or
refund are thus excluded. This recovery will take place,
at the Owner’s discretion, at the end of the charter period or by means of the
issue of a credit note for subsequent charters. Any form
of monetary refund is expressly excluded.
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The Charterer may not
demand repairs and/or assistance except in the hours between 09.00 and 20.00.
It is agreed that the cost of any
repairs and assistance not chargeable to the Owner under the conditions of the
present charter party must be paid by the Charterer at
the usual current market rates, plus the cost of the materials used. Due notice
is hereby given to the effect that any average to the
echo sounder, log, refrigerator, autoclave, tender, outboard engine, anchor
winch - be it electric or manual, stereo and any other
equipment or fitting not included in the second paragraph of this present
clause will not give rise to the foregoing warranty rights, i.e.
to the recovery of the hours of hire not enjoyed nor prejudice the exclusion of
any right on the part of the Charterer to compensation
and/or refund.
In the cases foreseen any demand for refund must be made by the Charterer
directly to the Owner at time of re-delivery of the craft
and in any case on the same day. Once this term has elapsed, or if the claim is
presented to a party other than the Owner, the
Charterer’s right to claim refund will expire.
9)
Check-in/Check-out.
At the moment of
embarkation the Charterer should check the equipment and the state of the hull
thoroughly. The operation is carried
out with one of the Ship-owner’s agents in loco who fills-in, in two copies,
the check-in form. The form will be signed by both and
will be compared with the state of the equipment and of the hull at the end of
the cruise (check-out). The unit will be delivered with
refilled tanks and will have to be returned with refilled tanks. Any loss
and/or damages found at the moment of return, will have to be
paid for by the Charterer. The Charterer is prompted, within an hour of sailing
off the Harbor, to declare by mobile phone to the
Ship-owner any possible missing things or damages not verified during the
check-in (including the check-in of the hull of the boat
made by immersion).
10) Delivery.
The Ship-owner agrees
to deliver the yacht at the time, day and in the harbor set, completely rigged
and furnished in an adequate
manner to its model size and lodgings and equipped with the essentials,
reliable, clean and ready for use.
11) Delay in
delivery.
If the ship owner
cannot deliver the boat on the date agreed, the charterer can claim the hours
not taken. However, it will be excluded
any other way of compensation and/or refund. This recovery will take place, at
the Owner’s discretion, at the end of the charter
period or by means of the issue of a credit note for subsequent charters. Any
form of monetary refund is expressly excluded. Should
one of the conditions of this agreement make the yacht inapt for delivery, the
Ship-owner may replace the yacht with another one
with similar characteristics.
12) Non-delivery.
Should the delay
exceed 48 hours, the Charterer may cancel the cruise and claim the refund of
the entire sum paid for the charter,
while at the same time renouncing to any further claim for damages, or instead
demand the relevant chartering instalment not used.
13) Renunciation.
In case of
cancellation of the cruise, the following penalties are provided for:
50% of the total cost of the chartering if it is cancelled within 30 days to
the beginning date of use;
100% of the total cost of the chartering if notice is given less than 30 days
before the date of use.
14) Bad weather.
The Ship-owner does
not take any responsibility for delays in departure or interruption of the
cruise due to meteorological
adversities or because of contrary provisions of the Marine Authorities; in
these cases the chartering contract shall nonetheless be
considered valid, even if the yacht may for some days be confined to port.
15) Maintenance and
operating costs.
The Charterer agrees
to take care of the yacht, to keep the accessories and its interiors tidy, to
keep it clean and in good condition.
Likewise the Charterer will bear all running expenses of the unit during the
cruise and in particular the costs of crew supplies and
expenses incurred for fuel, oil, water, electricity, harbor dues and customs
duties, anchorage and mooring dues, including those in
private harbors, together with expenses regarding the use of the wireless
installation on board and those arising from pecuniary and
administrative penalties.
16) Communications.
The Charterer will
have to inform the Ship-owner by telephone or through other means previously
agreed upon about the condition
and the location of the yacht. Should an accident, damage or technical problem
occur the Charterer will have to inform the Ship-owner immediately, by
telephone and thus by telegraph; any repair will have to be agreed upon in
advance and authorized by the
Ship-owner in writing. If urgent and un-postponable repairs are necessary, the
Charterer may carry them out directly subject to
refund where such repairs are competence of the Ship-owner and have been
authorized by the latter.
17) Limits of
navigation.
The Charterer will
have to limit navigation of the yacht within the territorial waters provided
for in this agreement.
18) Agreed use.
The Charterer must
use the yacht exclusively as a "pleasure" vessel in conformity with
its technical characteristics, with ordinary
diligence.
Moreover the Charterer:
a) will not sublet the yacht;
b) will not carry passengers or merchandise for pay or engage in any trade;
c) will have to respect the maximum number of persons for which the yacht is
accredited;
d) will not take part in sailing competitions or in any aquatic competition of
whatever type;
e) will not have any type of animal onboard;
f) will not ask to be towed or will tow other units if not in an extreme
emergency case;
g) will comply with Italian law or with those of any host country, as well as
provisions concerning the customs declaration, port,
customs and sanitary authorities, dispositions and regulation and fishing and
underwater fishing rules;
h) will have to moor the yacht in front of the coast in a safe position and he
will never leave it without the control of a person;
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i) will not leave a
harbor or safe anchorage when the competent Authorities forbid navigation, or,
generally, when the wind and sea
are or are predicted to be over five of Beaufort scale and/or the state of the
yacht of its crew are such to endanger the yacht and its
guests;
j) will not transport arms or drugs not even for personal use;
k) for passengers and boat’s safety smoking is not allowed on board;
l) will not steer the yacht into a harbor or areas that are dangerous because
of military wars, hostilities, military operations, civil
revolutions and raisings;
n) will be held, if ever the boat would be seized due to any reason, to pay the
ship-owner a compulsory contractual compensation,
equivalent to the double of the agreed daily rate for each day (or part of it),
until the boat will be returned, unless the ship will not
have any serious damage provable by the ship-owner;
o) will be held, in case of confiscation for guilt, to refund ,within thirty
days, the ship-owner of the value of the boat, based on the
second hand market of the moment.
m) will not steer the yacht outside of the straits of the Mediterranean Sea;
19) Delivery of the
boat
The boat has to be
back to the port on Friday at 6 p.m., subject to agreement the boat has to be refueled.
The disembarkation will
take place the following not after 9 a.m., unless further agreement has been
taken with ship-owner.
20) Non-return of the
yacht.
If the delivery of
the boat doesn’t take place at the agreed time, the Charterer will be charged
by Charter Company of a fee of 100 Euro for
each hour of delay. If the Charterer, for any reason, is unable to return the
yacht in the stipulated harbor, he will have to provide for
its watching, at his own expense and risk, until its transfer to the arranged
harbor. The yacht will be considered "returned" on the day
and at the time of its arrival in the harbor agreed upon: days (and portions of
days) will as such be counted.
21) Early delivery.
Should the Charterer
decide to end the cruise and return the yacht before the date agreed upon in
this contract, the Ship-owner will
not be obliged to any type of compensation.
22) Rescue.
Each and any profit
for the discovery of a wreck or for help or rescue will have to be divided in
to equal parts between the Charterer
and the Ship-owner, once the fees due to the crew have been deduced.
23) Reference to the
Law.
For all questions not
extensively laid down in this contract, reference should be made to the
legislative norms currently in force.
