Booking terms and conditions

§1 Suspension condition

(1) The validity of this contract is subject, as a condition precedent, to the payment by the charterer of the amount corresponding to the booking stipulated in the general condition below, and bookings shall not become effective until such payment has been made.

§2 Rental fee and security deposit

(1) The rental price includes the price components listed in the charter party. The reservation fee is 35% of the total rental fee and must be paid no later than two weeks after booking. The remainder of the amount due on the rental contract must be paid prior to embarkation.

(2) Only cash, an authorised cashier’s cheque or a bank transfer will be accepted for the payments described in the general and specific conditions of this contract.

(3) On the day of shipment the charterer shall pay to the lessor the security deposit indicated in the specific conditions, and this shall be used as security against cancellation, repairs, breakage, damage, theft, delay in returning the vessel, differences in inventory and equipment, compensation, misuse, negligence and penalties of any kind agreed in this contract or which may arise as a consequence of the performance of this contract. This is without prejudice to legitimate legal actions to reclaim amounts that may exceed the security deposit.

(4) When the ship has been returned within the agreed time, the approval check has been carried out and the charterer has complied with any requirements which may have arisen as a result of the agreement of this contract, the security shall be returned within fifteen days from the date of loading. In case of disagreement between the parties on the terms of return of the vessel and the goods in the inventory, the deposit will be returned at the end of the dispute.

§3 Insurance

(1) The vessel covered by this contract is covered by an insurance policy, a copy of which is attached hereto, and the charterer declares to be aware of the contents and scope of its cover, and undertakes to take the necessary measures to act in accordance with the obligations described therein, and shall be solely responsible for the consequences, if any, arising from the non-fulfilment of such obligations.

§4 Conditions of use

(1) The charterer shall be responsible for all acts of the persons indicated in the passenger list, who may in no case exceed the maximum capacity of the vessel.

2) It is expressly forbidden to use the vessel for the carriage of goods, passengers other than those referred to in the previous point, for the loading of weapons, animals, drugs or any toxic or dangerous substances. The charterer undertakes to use the vessel exclusively as a tourist or leisure charter and, therefore, may under no circumstances use it for commercial operations, professional fishing, transport, sporting competitions and any other activity incompatible with the intended use of the vessel.

3) The charterer, as the sole person responsible for the vessel during the charter period, shall use the vessel in a responsible manner, respecting the regulations of the competent authorities, and shall be solely and exclusively responsible for the consequences of non-compliance with such regulations. Misuse or negligence in relation to the vessel, in breach of applicable law on the part of the charterer, shall be sufficient grounds for instant cancellation of the contract. In case of violation of customs regulations or any other authority by the charterer, the charterer shall be liable for all fines, penalties and liabilities that may arise and for the consequences thereof. The charterer undertakes to comply with the instructions for use of the equipment on board. The oil level, coolant and bilges should be checked daily. The charterer shall be liable for damage resulting from non-compliance and non-observance of the maintenance and repair rules.

(4) The charterer undertakes to treat the chartered yacht as if it were his own property, in accordance with the rules of good seamanship.

(5) The charterer shall not pass or charter the yacht to any third person.

(6) The charterer shall comply with the notifications or registrations and cancellations established by the office of the master of the port.

(7) The lessor has been notified immediately in case of averages, expected delay, loss, unfitness to manoeuvre, confiscation/seizure or hindering of the yacht by any authority or external agents or observers. If the seizure or obstruction is due to any fault of the charterer, the charterer shall be liable to the lessor for all consequences arising therefrom. The contract is deemed to be extended until the return of the yacht with the obligation of payment of fees by the charterer. However, the right to damages is not affected by this.