IT IS AGREED AND STIPULATED:
Art. 1 – DURATION
Giuliani Charter srl (the Company) rents the boat named “LORD ANDREW”; the present agreement shall commence on the date of its signature as shown here below, remain in force for one (1) day and will not be renewed automatically. The boat will be available for the embarkation to _____________________ port on _________________ at ___________.
Art. 2 – PAYMENT CONDITIONS
The charterer has to correspond the price agreed as follows:
50% of the agreed price at reservation time (deposit).
Balance 2 (two) days before the embarkation.
All the sums have to be paid within the terms agreed upon. Each/both payment failures will determine the contract termination; in this case the Company can hold the payment already received as deposit and may ask for damages.
Art. 3 – DELIVERY
The shipowner will deliver the boat in good state of navigability, complete with all pertinences, suitable for navigation.
The Company declares to have all requirements, authorizations compulsory for this kind of activity, moreover declares to has enrolled the boat to competent Coast Guard department.
Art. 4 – FAILURE IN DELIVERY
If the shipowner for any reason but not due to force major will be not able to deliver the boat as agreed, the charterer can:
break the contract (with a timely written notice) and ask for payed price back, but without any claim for damages
extend the contract accordingly with shipowner commitments.
Art. 5 – TERMINATIONS OR INTERRUPTION
If the charterer wants to withdraw from the contract he has to timely inform the Company; the Company will refund the paid amount as follows:
Total refund with “45 (forty – five) days before embarkation” break notice.
50% refund with “30 (thirty) days before embarkation” break notice.
No refund if the break notice is “15 (fifteen) days before embarkation date”
Art. 6 – INSURANCE
Company complies with any and all laws, regulations, licenses, provision of any security and insurances required by national law. She is insured with suitable insurance policy as required by Italian law.
Art. 7 – CREW
The shipowner will deliver the boat with skilled crew. The Captain has to follow orders or regulations issued from Public Authorities and could divert boat’s course in order to insure passenger’s safety.
Art. 8 – ITINERARIES
The boat use is limited to Naples and Salerno gulfs.
The charterer will enjoy the tour as scheduled at booking time, in accordance to weather conditions that will be evaluated by the Captain, both to Port security.
Art. 9 – WAY OF USE – PROHIBITIONS
The charterer must not sub to rent the boat and/or give it to third parties. He has to use it only, for his and his relatives, his friends tour as indicated in this contract. It is forbidden to take on board animals and goods.
Passenger number must not exceed the maximum allowed by Coast Guard, even in the port. It is forbidden to embark other passengers without the Captain authorization. The charterer can’t take onboard drugs (even for personal use), weapons, other objects or documents that are not allowed by Italian Law. He can’t keep behavior contrary to morality. Minors must always be accompanied by adults who must be responsible for them.
Boat structure could be not suitable for people with disabilities or for people affected by serious medical pathologies; the charterer has to inform the Company at reservation time in order to verify compatibility. He has to inform the Company about food allergies and/or intolerances too. All the passengers, even minors must have valid identity document.
Art. 10 – EXPENSES
The expenses relating to anchorage, national entry fees for marine reserve, disembark taxes, fees, medical expense will be charged to the charterer.
Art. 11 – RETURN
The charterer undertakes to return the boat to the shipowner at the time and in the port scheduled; for this purpose he will arrange with the Captain a boat course in order to guarantee the return on time or anticipate boat return if necessary due to bad weather conditions.
The charterer will return the boat in the same conditions as it was delivered and will undertakes to pay for all the damages as breakages, burns, laundry costs for stained upholstery.
Art. 12 – BOAT FAILURES
If during the tour, beyond company control, the boat could be damaged and not be used, the shipowner will replace it with other one with similar or superior characteristics.
Art. l3 – ADVERSE WEATHER CONDITIONS
The shipowner will not assume any liability relating to any tour interruption caused by adverse weather conditions and/or for Public Authorities measures.
Art. l4 – COMPETENT COURT
The Court of Torre Annunziata shall have the exclusive jurisdiction to settle any disputes, which may arise out of or in connection with these Conditions.
Art. 15 – JURISDICTION
The agreement shall be governed by and constructed and enforced in accordance to Italian law.
Agli effetti degli articoli 1341 e 1342 del codice civile il sottoscritto dichiara di approvare espressamente i seguenti articoli del presente contratto 2,5,6,9, 10, 11, 12, 13, 14 , 15.
As stated by articles 1341 and 1342 of Civil Code the undersigned expressly approve the following general clauses 2,5,6,9, 10, 11, 12, 13, 14 , 15.
GIULIANI CHARTER SRL Sorrento (NA) – C.F.:, P.IVA: 08329761210
email@example.com, tel/phone: 0039 3393830190