GENERAL CHARTER CONDITIONS
Charter fee and payment
The charter fee includes charter of a yacht with its equipment
and full insurance for the yacht and crew during the charter
period. Harbour dues out of domicile marina, fuel expenses,
skipper, hostess and other extra services are not included
in the charter fee.
The chartered yacht with complete equipment can be used
only after the payment was regularly settled:
· 30-50% of the charter fee (down payment) upon booking
· 50-70% of the charter fee four weeks before commencement
of the charter.
In order that the booking becomes final, the Charterer
undertakes to pay down payment on account of Charteree
within the time period of 5 days since Charter Contract
or invoice is sent to the Charterer.
The charter fee includes the usage of the yacht during
charter period. In starting marina Charterer will pay
for all extra requested services (skipper, hostess, transport,
jet-ski, windsurf, etc.), transit log and final cleaning.
The security deposit has to be made in starting marina
by the Charterer when taking over of the yacht. Security
deposit can be made in cash, cheques or credit cards.
The security deposit shall be refunded in its full amount
unless the existence of damage or a defect on the yacht
or the equipment is found during the takeover of the yacht,
and unless there are no claims field or announced regarding
the Charterer by third persons, that are connected to
the usage of the yacht.
In case of loss of or damage on the equipment, particular
parts of the yacht or the yacht itself, Charteree shall
retain the amount (a part or the whole deposit), which
corresponds to the value of repair, acquisition and /
or purchasing the equipment or particular part of the
In case the caused damage has the consequence that yacht
cannot be further chartered, Charteree has the right to
retain the amount corresponding to the loss of profit.
The Charteree is obligated to hand-over at Charterer's
disposal completely equipped, faultless, clean and dry
yacht with full fuel and water tanks in the agreed time
and place with all valid documents of the yacht needed
If there is any reason that Charteree didn't fulfil above-mentioned
conditions Charterer has right to ask for money refund,
for the days he has not been using the yacht. Also if
the Charteree cannot place the yacht at disposal at the
agreed place 4 hours after the expiry of the time period
for the takeover, or provide another, at least identical
or better characteristics, the Charterer has to right
to give up the contract and demand the total amount of
the charter fee or demand the amount for as many days
as he could have not disposed of the yacht.
The Charterer could demand only the amount of the charter
fee; any other rights to indemnification are excluded.
In case of damage or defect on the yacht or its equipment
caused by the normal natural yacht consumption the Charterer
is obligated to inform the Charteree immediately. The
Charteree is obligated to remove the damage upon notification.
If the Charteree removes the damage within 24 (twenty-four)
hours, the Charterer has no right to require any reimbursement.
Takeover the yacht
The Charterer will take over the yacht in agreed time
and place. When taking over the yacht, the Charterer is
obliged to check and carefully examine the condition of
the yacht and its equipment according to the inventory
Any possible objections have to be made until the start
of navigation. The possible covered defects on the yacht
or its equipment, which couldn't be known to the Charterer
at the moment of takeover, as well as defects which could
arise after the takeover, do not give right to the Charterer
to reduce the charter fee.
If the Charterer fails to takeover the yacht within 48
hours, the Charteree is authorized to give up the contract.
The Charteree reserve the right not to hand over the yacht
if in the judgment of their representatives the Charterer
is not competent for any reason to operate the yacht,
or to give the instructions on the Charterer's expense.
After taking possession of the yacht, the Charterer shall
bear on his own account all coast of the daily berth in
the port, or in marina, coast of fuel, oil, water, cleaning
and all other necessities, as well as eliminating all
damages and defects, which can appear while the yacht
is under charterer's responsibility and which are not
results of normal natural yacht consumption, provided
the Charterer has previously reached an agreement with
Charteree regarding technical justifiability of the repairs
that are to be made.
The Charterer is obliged to sail with in the Italian
territorial waters. For leaving Italian territorial water
the Charterer is obligated to ask the Charteree a special
permission and certificate.
The Charterer undertakes to respect custom and other regulations
and rules, to take care of the yacht and its equipment
and navigate it carefully and according to the rules of
a good navigator and sail only during safe weather conditions
and good visibility.
The Charterer, or skipper, declares undoubtedly that he
disposes of all necessary navigational skills and that
he possesses the valid license necessary for the navigation
at the open sea and the radiophone certificate, which
have to be presented to the Charteree.
The Charterer undertakes and states that he shall not
sub charter the yacht or rented it to the third person,
that he shall not participate in regattas nor yacht races,
that he shall not use the yacht in commercial purposes,
professional or night fishing, sailing school or similar,
that he shall not operate the yacht under influence of
alcohol or narcotics, that he shall not be involved in
towing of another yacht, that he shall not violate the
public rules, orders and laws that he shall not sail at
night by unsafe weather.
Number of persons aboard is to correspond to the crew
list. The Charterer assumes the responsibility for the
consequences of non-observance to his obligations.
In case of accident or damage the yacht or its equipment
during the trip, the Charterer is obliged to inform the
Charteree without deferral. The telephone numbers, which
can be used for notifying the Charteree, are shown in
the yacht documents.
The Charterer is obliged to notify the Charteree and the
authorities in case the yacht or equipment is missing,
if the further navigation is not possible or in case yacht
was dispossessed of, prized or if further navigation was
prohibited by state authorities or third parties. If the
Charterer fails to hold on his obligations he is considered
fully responsible for all the consequences for the Charteree
and he guarantees for them.
The keeping of pets (dogs, cats, birds and similar) on
the yacht is not allowed, unless a previous agreement
was reached in that regard.
The Charterer is obliged to check daily oil level in the
engine and take care of sails because they are not insured.
For the damage caused by actions and failure of the Charterer
for which Charteree is liable to the third party the Charterer
is obligated to settle the damages to Charteree in their
entirety, whether it is the case of material and / or
legal expenses that resulted from such actions and failures.
The Charterer is explicitly liable for the yacht in case
any official body confiscates it, due to inappropriate
and illegal actions undertaken during the usage of the
yacht within the period for period, which it was chartered.
Charterer is obliged to pay all charges for failures made
himself, for which Charteree has criminal and financial
responsibility. Charterer is responsible for yacht taking
away by foreign state authorities because of illegal actions.
In the case of damage or accident Charterer is obliged
to write down a suitable report and to inform authorised
bodies (harbour headquarters, police, doctors) and the
Charteree in case of disappearance of the yacht, impossibility
of operating the yacht, as well in case of state organs
or third persons sizing or confiscating the yacht or imposing
measures of sailing prohibition.
The Charterer shall not leave the port or the anchorage
until the damage is eliminated from any vital part of
the yacht, such as motor, set of sails, ropes, bilge pump(s),
anchor winch, navigation lights, mariner's compass, safety
equipment and similar or if any of the mentioned devices
is not in working order.
The Charterer shall not leave the port or the anchorage
without sufficient fuel supply and when weather conditions
or condition of the yacht or his crew are unsafe or uncertain
The return of the yacht
The Charterer is obliged to return the yacht in agreed
time and place tidied without the crew and their personal
In that time is including the physical take over lasting
for an hour. The yacht should be returned with full fuel
If the disembarkation is not possible at the stated time
and place for any reason, the Charteree must be informed
in order to give further instructions. The Charterer bears
all the charges of the Charteree that result from the
overdue caused by bad weather.
Therefore, it is recommended to return the yacht in the
marina the night before the Charter contract termination
date. If the returning of the yacht is later that stated
in this Charter contract, the Charterer shall settle:
- for the delay up to three hours - one day rental fee
- for the delay of more than three hours - triple daily
rental fee plus all other expenses.
Delay can't be justified by bad weather conditions.
The Charterer is obliged to report the founded defect
and damages, if any. The damages of the underwater part
are subject to the inspection of the yacht (its lifting)
for which the Charterer bears the expenses. The Charterer
is responsible to return the all documents of the yacht
(permit, registration, concession etc.) as well as other
supplements from the ship's papers file (list of harbour's
master's offices and similar). Until the moment yacht
is regularly checked out it is consider used by the Charterer.
The insurance is determined by the terms defined by the
insurer with which yacht is insured. The yacht is insured
against third person damages and fully insured for all
the damages resulting from force majored up to the registered
amount of the value of the yachts for the risks according
to the insurance policy. The yacht crew is insured.
The terms under which the yacht is insured form are integral
part of this Contract and shall be delivered to the Charterer
when taking over the yacht.
In case of some bigger averages, as well as of those where
the other boats are involved, the Charterer is obliged
to report immediately the case to the authorized harbour-master's
office and record in a protocol (the course of events,
estimation of a damage) for the insurance company. The
Charterer is also obliged to report the Chareteree's office.
The damage covered by insurance and in accordance with
insurance policy, which has not been reported to Charteree
without deferral, shall not be acknowledged.
In case stated in the previous paragraph, the Charterer
is personally liable for all the damages as the result
of not reporting or late damage reporting
If damage occurs during the cruise and Charterer is not
to be charged (due to normal exhaustion or in case of
overdraft of the guarantee sum) he must receive permission
(instruction), from the Charteree for an adequate repair.
Insurance covers all the damages by franchise caused by
weather or from the other natural disasters, but not the
damages made on purpose. Charges for purpose made damages
are not limited by deposit; Charterer must pay all expenses
caused by damage made on purpose.
The damages on the sails and on the engine caused by the
oil deficiency in the motor are not covered by insurance.
Charterer bears the charges for these damages.
The personal belongings are not covered by the insurance.
Conditions of cancellation
If the Charterer for any reason is unable to take the
possession of the yacht, he can, if previously agreed
with the Charteree, find another person who shall instead
of him undertake all rights and obligations deriving from
this Contract. If a substitution for the Charterer can
not be found Charteree shall retain:
- 30% of the amount of charter fee for cancellation up
to 2 (two) months before the charter starting date
- 50% of the amount of charter fee for cancellation up
to 1 (one) month before the charter starting date.
- Total amount of the charter fee for cancellation within
the last month before the charter starting date.
If cancellation is due to objective reasons (death of
family member, heavy injury, or other) the accepted deposit
shall not be paid back, but the Chartereer will give the
yacht to the Charterer at his disposal for another free
period of time or within another season.
Only written complaints, signed by both parties on the
occasion of return of the yacht will be taken into consideration.
All the possible disagreements or disputes arising from/or
in connection with Charter party will be tried to settle
by peaceful agreement and consensually.
Eventual cases, which cannot be solved peacefully, will
be under court's jurisdiction in the Charteree's residence.