CONDIZIONI GENERALI DEL NOLEGGIO (ASY)

2021.
 
GENERAL TERMS AND CONDITIONS FOR CHARTERERS
1. Renter is obliged:
 to handle the yacht and its equipment carefully and
mindfully;
 to use the yacht exclusively in accordance with
navigation regulations;
 to use the yacht solely for vocational purposes;
 Not to lend the yacht to a third party, nor use the yacht
for profitable purposes. Only persons, who are stated on
the crew list, may stay on the yacht.
 not to take part in regattas without a special preliminary
agreement with the charter company;
 not to tow other vessels, except in case of uttermost
emergency;
 To immediately notify the charter company in case of
damage, and act according to their instructions. In case
of damage, theft or maneuvering incapability, the
charterer shall write a "Damage report" and authenticate
it with the proper authorities (harbour-master, police,
marina, doctor...).
2. The rental fee includes the charter of the yacht and its
equipment, normal attrition, third party liability insurance and hull
insurance to the amount of the deposit, as well as mooring in the
home marina. The rental fee does not include fuel, mooring and
taxes in other marinas, ports and anchorages, car parking fees and
tourist taxes.
3. The charterer pays 50% of the rental fee upon reservation, and
the remaining 50% four weeks before the charter. The booking
becomes valid only on receipt of the total charter payment by the
Operator.
4. The deposit is paid by the charterer in cash or credit card upon
takeover of the yacht in the marina. The deposit is refunded in full
if the yacht is returned undamaged and at the agreed time. The
deposit must also be paid if a yacht is chartered together with a
skipper. In case of lost or damaged items or parts of the
equipment, the charterer is charged the actual cost of repair or
replacement, including transport costs and the expenses of
eventual lost charter days for the yacht. The damage compensation
is calculated at the return of the yacht. If the expenses can not be
estimated at once, an adequate portion of the deposit is retained
and a settlement is made within 30 days. The charterer is obliged
to check the engine and its cooling system daily. Damage caused
by engine overheating is not covered by the insurance and is paid
in full by the charterer.
The repair of any damage or breakdown that may occur while the
Vessel is in the Charterer’s care, and which are not the result of
normal wear and tear, shall be made by the Charterer at his/her
expense, provided that he/she has previously obtained the consent
of the Operator to a technical suitability of the repair to be made.
In the case of repairs to damage or failure clearly resulting from
normal wear and tear, the Charterer shall previously obtain the
Operator's consent with regard to the cost and technical suitability
of these repairs and the Charterer shall collect the relevant receipts
against which he shall be refunded by the Operator at the end of
the charter period. No other compensation claims will be
recognized.
5. If the charterer, for any reason, can not realize his paid charter,
he can find someone else to take over his rights and
responsibilities, with the consent of the charter company. If the
charterer can not find a replacement, the charter company keeps: -
30% of the charter fee for cancellation more than 2 months before
the charter - 50% of the charter fee for cancellation more than 1
month before the charter - 100% of the charter fee for cancellation
up to 1 month before the charter. In case of cancellation because
of objective reasons (death in the family, serious accidents, war
and similar), the advance payment is not refunded. The charter
company will arrange a suitable vessel at the next available date or
next season.
6. The charterer declares that he has a valid sailing license (boat
leader license and radiotelephony license), as well as adequate
sailing and navigational skills. The charterer must always sail in
accordance with his experience and the weather conditions. The
charterer must pay regard to the weather forecast and act in
accordance with it.
7. In justifiable cases, if the charterer's sailing and navigational
skills are doubtful, the charter company may test the charterer’s
practical knowledge. If it is established that the charterer does not
possess the required skills, a skipper is provided at additional
payment. If the charterer is found incapable of handling the vessel,
the charter company has the right to annul the charter contract and
keep the charter fee.
8.Charterer shall not leave port or anchorage if the wind force is or
is predisposed to be over seven (7) on the Beaufort Scale (30
knots) or if the harbor authorities have prohibited sailing or while
the Vessel has unrepaired damage to any of her vital parts such as
engine, sails, rigging, bilge pump, anchoring gear, navigation
lights, compass, safety equipment etc. or if any of the above parts
are not in good working condition; neither shall the Charterer
leave port or anchorage without sufficient reserves of fuel or in
general, when weather conditions or the state of the Vessel or her
crew is doubtful.
As weather conditions dictate, the Charterer is obliged to promptly
reduce canvas and not allow the Vessel to sail under an amount of
canvas greater than one ensuring comfortable sailing without
excessive strain or stress on rigging and sails; not to sail the
Vessel in any area insufficiently covered by the charts at his/her
disposal or without having previously thoroughly studied the
charts of the area and other relevant printed material provided on
board; not to sail the Vessel at night without all navigation lights
functioning or without adequate watch on deck.
9. Handover: The charter company hands the yacht over to the
charterer at the agreed time and place. If the yacht can not be
given over in time, the charter fee is reduced proportionally for
every lost day. If the charter company can not hand over the yacht
after 36 hours or at a place that is less than 36 nautical miles away
from the agreed harbour, the charterer has the right to withdraw
from the contract. In this case, the charter fee is reimbursed, but
all other compensations (travel, accommodation…) are excluded.
The charterer is obliged to carefully check the state of the yacht
and its equipment upon take-over. All remarks and/or deficiencies
must be entered into the handover records. The charterer is
obliged to return the yacht at the agreed time and place. If the
charterer is up to 12 hours late, he pays an idemnitification, 2% of
the weekly charter cost for every lost hour, and all the expenses
that arise because of the delay. The yacht is handed over with a
full fuel tank, clean, tidy, serviced and in faultless navigational
condition. The charterer returns the yacht in the same condition. If
the charter company suspects that the bottom of the yacht or the
keel have been damaged, the yacht may be lifted from the water
and inspected at the expense of the charterer.
10. No pets (dogs, cats…) are allowed on the yacht, except upon
preliminary agreement.
11.Only complaints submitted in writing at the time of returning
the Vessel, and signed personally by the Operator's representative
and the Charterer, shall be taken into consideration. All claims
must be registered in the handover records. Any unresolved
disputes are under jurisdiction of the court in the charter
company's residence.
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