General Terms and Conditions

1: OBJECT OF THE CONTRACT
The subject of this contract is the lease of an unmanned pleasure craft.

2: DELIVERY OF THE BOAT
2.1 Sea Charter srls will deliver the boat on the day and time established in the rental confirmation communication, in a seaworthy state, with the relative appurtenances, complete with accessories, equipment and safety equipment, equipped with the documents necessary for the navigation is insured and in compliance with the laws and regulations in force in the country in which the boat is registered and navigates.
2.2 Upon delivery, Sea Charter srls will provide the lessee with an inventory specifying the conditions and equipment of the boat and will deliver to the same the documents relating to the leased boat indicating the authorized area and period of navigation and covered by the insurance policy. The signing of the inventory by the lessee implies acknowledgment by the same that he has received the boat in good repair, suitable for the agreed use and equipped with all the regulatory accessories.
2.3 The charterer must pay the deposit referred to in article 10 below, if required, in cash (maximum limit established by current legislation) or by non-transferable cashier's check made payable to "Sea Charter srls" or by deposit on paper of credit.
2.4 Upon delivery, the lessee must also show Sea Charter srls the following documents: – a personal identification document; – the skipper's nautical license if required.
2.5 The obligation to deliver the boat becomes payable for Sea Charter srls only after the lessee has provided for: – pay the entire amount of the lease; – paid the deposit referred to in the following art. 10; – signed the inventory and exhibited the above documents.

3: DELAY IN DELIVERY AND NON-DELIVERY
3.1 If for any reason Sea Charter srls cannot deliver the leased vessel on the day and time established in the lease confirmation communication, the lessee will be entitled to obtain a refund of the relative unused daily fee.
3.2 In the event that, for any reason, Sea Charter srls cannot deliver the leased vessel, the same will have the option of delivering another vessel of similar characteristics within forty-eight hours with the obligation to reimburse the lessee the only possibly unused daily quota. If the delay extends beyond the aforementioned period or it cannot be delivered, the lessee may withdraw from the contract by giving written notice to Sea Charter srls within the following twenty-four hours and will have the right to obtain only the full refund of the price already paid without any additional penalty.

4: ENABLING
4.1 Sea Charter srls is not required to verify in advance the nautical skills declared by the lessee.
4.2 If the lessee, at the time of delivery, proves unable to drive the boat - at the unquestionable judgment of Sea Charter srls and/or one of its representatives - the contract will be considered terminated by right and the price paid by the the lessee will be retained by Sea Charter srls as a penalty. Where there is the possibility, Sea Charter srls will be able to impose the presence on board, at the expense of the lessee, of a skipper with proven experience. In case of refusal by the lessee to embark the skipper, the contract will be considered terminated and the price paid by the lessee will be retained by Sea Charter srls as a penalty.

5: OBLIGATIONS OF THE TENANT
5.1 Once delivery has taken place, the charterer is solely responsible for the boat and equipment and is liable for any damage, directly or indirectly caused by the same and/or by third parties, caused to the boat, equipment and equipment, crew and to third parties (including guests on board). Therefore, Sea Charter srls will not be in any way responsible for any damages suffered as a result of the use of the vessel, by the lessee or by third parties embarked for any reason, unless such damages arise from defects of the vessel.
5.2 The charterer is subject to all the legal obligations and duties of the figure of the "Captain of the vessel".
5.3 The charterer is required to return the vessel within the time and space terms established in the lease confirmation communication, in the state of affairs in which it was used, with the same characteristics, without any modifications and suitable for the same use, together with the accessories, equipment, supplies and documents received upon delivery.
5.4 At the request of Sea Charter srls, the lessee and/or the skippers are required to declare their nautical skills in writing.
5.5 Charterer is required to know and comply with the laws and regulations on recreational boating in force in the cruising area. By signing the lease proposal, the lessee expressly relieves Sea Charter srls from any liability resulting from the violation of the laws and regulations indicated above.
5.6 At the commencement date of the lease, the lessee must have reached eighteen years of age.

6: USE OF THE BOAT
The charterer is required to use the boat with particular diligence, according to good seafaring rules, correct nautical technique, the technical-structural characteristics of the boat, as well as according to what is indicated by the on-board documents and in accordance with the use agreed. The lessee undertakes to:
- to use the boat exclusively for pleasure purposes, acknowledging that it is absolutely forbidden to transport goods and passengers, professional fishing and any kind of trade;
– respect the maximum number of transportable people indicated on the navigation license or communicated on the lease contract;
– respect the authorized navigation areas and periods and in any case navigate only in the waters permitted for the type of boat;
– comply with the laws of the host country, the regulations concerning customs declarations, the provisions of the port, customs, health authorities and the fishing regulations, including underwater ones;
- listen to the port authority and to the warnings to mariners, in particular when there are limits and bans on navigation in the event of bad weather and/or danger to navigation;
– navigate only in weather conditions that guarantee total safety for yourself and the crew;
– keep the boat in a proper seaworthy state for the duration of the rental period;
– inform Sea Charter srls, at the time of booking, of the intention to use the boat for competitions or for educational activities, receiving the relative authorization;
– not to sublease the vessel in question.

7: CURRENT EXPENSES
All current expenses relating to use and consumption on board for the period of the lease are borne by the lessee.

8: MAINTENANCE AND CARE OF THE BOAT
The charterer undertakes to take care of the boat, to keep both internal and external equipment in order, to keep equipment and accessories functioning and in correct use, to return the boat in the condition in which it was delivered. The lessee also undertakes to carry out ordinary maintenance and daily care work at his own expense - during the rental period.

9: DAMAGES, BREAKDOWNS, ACCIDENTS
9.1 In the event of damage, breakdown, accident, collision, loss of equipment, the lessee must immediately notify Sea Charter srls by telephone on + 39 3283049368, under penalty of loss of the insurance guarantee, and must send the same within the next 24 hours a detailed written report on what happened.
9.2 The charterer may continue navigation only if the continuation of the cruise does not aggravate the damage suffered by the vessel, nor can it cause danger to other vessels and/or people.
9.3 If the vessel suffers damages that jeopardize its use for a period longer than 24 hours, the lessee will have the right to obtain reimbursement of the daily installments of the price exceeding said period only if the damage does not depend by an imperative and/or negligent behavior of the lessee.
9.4 Any repairs and assistance from third parties must be authorized by Sea Charter srls and the related expenses will be reimbursed by the latter to the lessee upon return to the port of embarkation - upon presentation of receipts or invoices - only if the faults have been determined by a boat defect. In this case, the lessee may withdraw from the contract if the time required for repairs exceeds 2 days. In the event of termination of the contract, the lessee will be entitled to a refund of the fees relating to the days not used.

10: DEPOSIT
10.1 At the time of delivery of the boat, the lessee is required to pay, at the discretion of Sea Charter srls, the deposit indicated in the rental confirmation contract to guarantee the fulfillment of the obligations assumed with the contract.
10.2 The security deposit is unproductive of legal interests.
10.3 Failure to pay the deposit causes termination of the contract and the price paid by the tenant will be retained by Sea Charter srls as a penalty.
10.4 The deposit will be returned to the tenant at the end of the yeartto of the disembarkation or, at the latest, within a week of disembarkation after Sea Charter srls has ascertained the absence of damages, breakdowns, contractual violations and obligations contracted by the lessee during the lease.
10.5 In the event of damage to the vessel covered by the insurance policy, the deposit (if required) will be returned to the charterer only after the insurance has liquidated the damage.
10.6 It is done, however, without prejudice to the right of Sea Charter srls to claim damages exceeding the amount of the deposit.
10.7 Security deposit:
Up to 6.50 meters. … at the discretion of Sea Charter srls – From > 6.50 m. … 400.00 Euros – From >7.50 m. To 8.50 MT 800 Euros – From >=8.50 mt. at 14 m. 1,500 Euros

11: INSURANCE
The boat is covered by an insurance policy for civil liability, the insurance does not cover:
– damages caused to the vessel and equipment due to the lessee's fault;
– theft, loss or damage to things and belongings owned by the lessee and those transported;
– damages suffered by the lessee and by the passengers due to facts or acts unrelated to the civil liability of Sea Charter srls.

12: RETURN OF THE BOAT
12.1 The lessee undertakes to return the boat punctually, within the time limits and in the port indicated in the rental confirmation communication. The itinerary of the cruise must be planned in such a way as to allow the return on time, even in the event of adverse weather conditions.
12.2 In the event of delay in delivery, a penalty equal to the agreed daily price for every 4 hours of delay will be applied to the lessee, in addition to compensation for damages that Sea Charter srls may suffer due to failure to deliver to the next lessee. The time necessary to bring the vessel back to the port of delivery is also considered a delay, if the charterer interrupts or ends the cruise in a port other than the one indicated; in this case the costs of transport or transfer to the port of delivery shall also be borne by the lessee.
12.3 Upon return of the boat, Sea Charter srls and the lessee will check the conditions of the boat and will prepare the inventory. The charterer is the custodian of the vessel until the inventory is signed by both parties.
12.4 The boat may be returned without having filled up with petrol/diesel, Sea Charter srls will be responsible for counting the liters of fuel used and asking for the corresponding economic value.

13: WITHDRAWAL OF THE RENTER AND INTERRUPTION OF THE CRUISE
13.1 The lessee who intends to withdraw from the contract must give written notice to Sea Charter srls by registered letter with acknowledgment of receipt or by PEC. In the event of withdrawal by the lessee, Sea Charter srls has the right to withhold or claim:
– the sums paid or to be paid as an advance if the communication of the withdrawal takes place within 15 days from the embarkation date;
– the sums paid or to be paid as an advance as well as 75% of the sums paid or to be paid as the balance if the communication of the withdrawal takes place within 3 days from the embarkation date;
– the sums paid or to be paid as an advance as well as the sums paid or to be paid as the balance if the communication of the withdrawal takes place after the aforementioned moment.
13.2 In case of interruption of the cruise, the charterer will not be entitled to any refund.

14: BAD WEATHER
The lessor assumes no responsibility for delays in departure or interruptions of the cruise due to bad weather or provisions of the Maritime Authority.

15: FEES FOR ASSISTANCE, RESCUE AND RECOVERY
15.1 The fee for the recovery, towing, rescue operations and any assistance and rescue provided by the vessel during the present contract will be divided equally between the lessor and the lessee, less the expenses and unused lease amounts.
15.2 The Lessee will be bound by all the initiatives undertaken by the lessor to obtain compensation for assistance or rescue.

16: PAYMENTS
16.1 The lessee undertakes to pay the agreed amount for the lease in the following terms and conditions:
– 100% of the amount agreed at the time of online booking by paypal / credit card
– 50% of the amount agreed at the time of booking on site by bank transfer / paypal / credit card / cash (within the limit established by current legislation);
– balance of the booking fee on site on the embarkation date by bank transfer/ paypal / credit card / cash (within the limit established by current legislation) including the balance of the agreed "extra" fees.
16.2 The payment methods referred to in the previous point may vary from case to case but in any case they are those indicated in the contract.
16.3 Failure to pay or failure to comply with the payment terms will result in the legal termination of this contract, legitimizing the lessee to withhold all payments received, without prejudice to a request for greater damages.

17: JURISDICTION
The competent court to resolve all disputes arising from the implementation or interpretation of this contract is the Court of Reggio Calabria.

18: REFERENCE TO THE PROVISIONS OF THE LAW
For anything not expressly provided for in this contract, reference is made to the laws in force on the matter.