Terms and conditions

PARTS

In all phases of the charter and in all documents to be signed, the parties involved will be:

  • Lessor: that is, the Shipowner company that will rent the selected boat
  • Tenant: i.e. the customer, natural or legal person. who will rent the selected boat
  • Captain: that is, the tenant or other person appointed by the tenant, if he is not in possession of the qualifications to drive the selected boat (Article 42 paragraph 2 of the Pleasure Nautical Code)
  • Passengers: that is the people, including the conductor but excluding the crew on board (Captain if a person other than the conductor and any Hostess), who will participate in the cruise for different reasons
  • Intermediary: that is the company that takes care of selecting the boat and defining the associated services

DOCUMENTS

For each lease it will be necessary to sign the following documents:

  • Charter agreement: defines every aspect of the lease and related services and is signed by both parties at the time of booking
  • On-board contract: defines every aspect concerning the execution of the cruise and the responsibilities associated with it, it is shared during the booking phase and signed in three copies at the time of boarding
  • Commander’s appointment letter: defines every aspect of the relationship between tenant and commander in case of assignment to the role of commander of a person other than the tenant, it is shared during the booking phase and signed in two copies at the time of boarding
  • Letter of assignment Sailor / Hostess: defines every aspect of the relationship between the conductor and on-board personnel in charge of the tasks required by the conductor, is shared during the booking phase and signed in two copies at the time of boarding

SUBSCRIPTION

The parties acknowledge that the listed documentation may be transmitted to each other by email or other channel and that the parties agree that a document signed and sent in scanned copy, by email or other channel, constitutes a binding contract.

CONTACTS

Il conduttore può contattare in qualsiasi momento Gentedimare s.a.s. di Zara Nicoletta e c. ai recapiti riportati nella pagina “contatti” presente nella sezione omonima raggiungibile dal menù principale del sito internet.

NECESSARY CONDITIONS

The cruise can only be carried out when the conductor has fulfilled all the following conditions:

  • has accepted these regulations
  • have turned 18 years of age at the time of booking
  • has duly made all the payments required to confirm the booking
  • has duly paid the full amount of the mandatory extra expenses mentioned in the charter agreement
  • has duly paid the full amount of the optional extra expenses mentioned in the charter agreement
  • has duly paid the full amount of the daily allowance mentioned in the commander’s appointment letter
  • has duly paid the full amount of the daily allowance mentioned in the letter of appointment as sailor / hostess

In the absence of one of the listed conditions, the lessor has the right to suspend the cruise. In case of continuation of the cruise, the conductor will undertake to fulfill the conditions indicated as soon as possible. If the tenant’s default continues, the lessor will have the right to suspend the cruise at any time and will have nothing to do with the tenant and the other passengers.

BOOKING

To confirm the booking of the boat and the related services, it will be necessary to have made all the payments due within the time and manner established in the charter agreement.
The reservation is confirmed upon payment of the full charter price which takes place through the payment of all the costs of the boat and related services

PRICE

The rental price of the selected boat will be indicated in the signed charter agreement which will also contain the list of what the agreed price includes. Anything not mentioned should be considered not included in the price. The rental price is to be understood as inclusive of the VAT rate in effect at the time of booking. Should changes be made to the applicable tax legislation that involve a change in the total amount due, the difference will be credited or debited accordingly to the renter.

COST OF THE SERVICE

In addition to the rental price, the lessor may request the payment of a service charge relating to the management of the practice and any aspect related to the organization of the cruise. This cost will be mentioned in the charter agreement.

PAYMENTS

Failure to comply with the payment deadlines indicated in the charter agreement will invalidate the booking with immediate effect. The lessor reserves the right to wait for the missing payment to be made or to consider non-payment as implicit cancellation of the reservation.

MANDATORY EXTRA COSTS

The charter agreement mentions the mandatory costs to be paid before the start of the lease. The tenant undertakes to pay the entire amount of these costs within the agreed time and manner, relieving the lessor of any dispute between passengers.
In the event that the lessor is unable to provide one of the services or accessories selected by the tenant, their cost will be deducted from the total amount and the tenant will have nothing to do with the non-supply.

OPTIONAL EXTRA COSTS

The charter agreement mentions the optional costs to be paid before the start of the lease. The tenant undertakes to pay the entire amount of these costs within the agreed time and manner, relieving the lessor of any dispute between passengers.
In the event that the lessor is unable to provide one of the services or accessories selected by the tenant, their cost will be deducted from the total amount and the tenant will have nothing to do with the non-supply.

CONSUMPTION ON BOARD

In addition to the rental price and the mandatory and / or optional extra costs, the conductor and the passengers jointly and severally must pay the consumptions necessary to carry out the cruise indicated in its description.
By way of example but not limited to these include: ground transportation; fuel for main engines; fuel for the outboard; food and all drinks; moorings and other port expenses including pilotage taxes, local taxes, any customs formalities and any charges for waste disposal, costs for water and electricity taken from the docks; personal laundry.
The payment of these expenses takes place by setting up a “common fund” on board in which each passenger will participate in the manner established by the conductor.
The management of consumption expenses, of the shares of the common fund and of the balance between the common fund and the total of the expenses incurred is normally carried out by the tenant who can alternatively appoint a different person in charge of this task.
Failure to set up the common fund or lack of funds thereof may result in the immediate suspension of the cruise.

CHANGES TO THE PROGRAM

The landlord reserves the right to modify at any time by sending an email and telephone communication to the tenant:

  • start and / or end date of the activities (within the limit of 24 hours from the set times)
  • place of embarkation and disembarkation (within the limit of the predetermined navigation area)
  • If the changes occur due to force majeure not attributable to the lessor, nothing will be due to the tenant, in all other cases the tenant will be entitled to a full refund of the amount, or to exchange the value of the same amount in a voucher valid for a new booking.
  • In all cases, nothing else will be owed by the lessor for any reason or title.

REPLACEMENT OF THE BOAT

The lessor who, due to damage or any other reason beyond his control, cannot deliver the boat indicated in the charter agreement, will endeavor to replace it where possible with another of similar or superior dimensions and characteristics.
Should the boat be replaced with one of inferior characteristics, the lessor must return the difference between the sums paid and the list price of the latter.
Should the boat be replaced with one of superior characteristics, the tenant can decide whether to confirm the booking of the new boat selected by paying the difference or request a full refund of the price paid.
In all cases, nothing else will be owed by the lessor for any reason or title.

CANCELLATION OF CHARTER

If due to force majeure the lessor is unable to provide the services agreed in the charter agreement, he can proceed at any time with the cancellation of the charter which will be promptly communicated, via email and telephone, to the tenant.
In all cases, the tenant will be entitled to a full refund of the amount, or to exchange the value of the amount in a voucher valid for a new booking.
In all cases, nothing else will be owed by the lessor for any reason or title.

CHARTER MODIFICATION AND CANCELLATION IN PROGRESS

If during the cruise and for reasons of force majeure, the lessor is forced to suspend the cruise, he must promptly notify the tenant by email and telephone. In such cases, the lessor will be exclusively obliged to allow the tenant to recover the hours not enjoyed, thereby excluding any other form of compensation and / or reimbursement.

In all cases, nothing else will be owed by the lessor for any reason or title.

DELETION OF CHARTER BY THE TENANT

The tenant may request the cancellation of his / her reservation at any time.
The cancellation request will be handled within the times and in the manner established in the charter agreement. According to these terms, the lessor reserves the right to withhold the amount of payments made up to the date of the cancellation request and those relating to service costs.
If the lessor succeeds in releasing the same boat and in the same period he reserves the right to return the amount of payments received by deducting any expenses from it (costs for the conclusion of the new contract; price differences; etc.).

ASSIGNMENT OF THE CONTRACT

It is forbidden for the tenant to transfer the boat covered by this contract or the rights deriving from this contract to third parties.

SECURITY DEPOSIT

Damage caused to the boat and to each of its appendages (rubber dinghy, sup, various equipment) must be compensated to the lessor through the use of the crew deposit provided before the start of the activity itself. The methods for setting up the on-board deposit are:

  • STANDARD
    The tenant pays the full amount of the deposit specified in the “charter agreement” signed at the time of booking at the time of boarding and in the manner provided (cash or bank check). The tenant will be responsible for all damage to the boat and its equipment or any loss of material and equipment.
  • LIGHT
    The tenant pays the full amount of the deposit specified in the “charter agreement” signed at the time of booking at the time of boarding and in the manner provided (cash or bank check). The tenant will be responsible for all damage to the boat and its equipment or any loss of material and equipment only when caused by the imprudence and inexperience of him and his travel companions.

The deposit will be returned after having ascertained the absence of damage, the non-existence of contractual violations and obligations contracted during the lease period. If damage exceeding the amount of the deposit is found, the tenant is required to pay the damage up to the maximum amount of the deductible shown in the insurance of the boat.
Failure to pay the deposit by the tenant determines the legal termination of this contract and the landlord has the right to withhold the sums paid to him by the tenant for the lease as a penalty.

OBLIGATIONS OF THE LESSOR

The lessor is required to deliver the boat with its related appurtenances, in conditions of efficiency and seaworthiness, complete with accessories, equipment and safety equipment and legal documents.
Among the appurtenances of the boat it is expected that the detailed nautical charts, provided by the Lessor, cover only the area recommended for navigation, reasonably taking into account the dimensions of the boat and the distances, as well as the port and accommodation facilities present along the ribs.
The delivery of the unit will take place in the place, on the date and time provided for in the contract. The time required to clarify the methods of use and embarkation of passengers and the things necessary for the cruise falls within the contract period.

OBLIGATIONS OF THE LESSEE

The conductor is required to manage passengers and to fully respect the role of the captain who will define the best possible navigation program based on the current marine weather conditions and the conditions of the boat and passengers.

OBLIGATIONS OF PASSENGERS

Passengers are required to comply with the orders and commands given to them by the captain and whoever is appointed by him to do so.
Passengers must be in possession of a valid identification document, residence visas and health certificates that may be required according to the cruise itinerary.
In the case of minors on board, the parents or a person formally appointed by them will be responsible for their conduct and their safety.
Passengers indemnify the landlord and the captain of responsibility for the loss, loss or accidental damage of personal items on board.
Passengers, also based on art. 118 of the navigation code, expressly accept that the boat is conducted under the command of the captain, who is responsible for all navigation safety, following the instructions given by the same throughout the cruise.
Passengers are responsible for any damage caused to the boat, rigging and equipment or to third parties, if they do not observe the instructions of the captain or as a result of negligence and recklessness.
Passengers are required, in respect of non-smoking passengers, to maintain a slow smoking attitude by limiting the consumption of cigarettes, including electronic cigarettes, smoking only in the areas indicated by the captain. In any case, it is never allowed to smoke in the interior spaces of the boat.
Passengers will in any case be called to answer for all damages that the lessor should suffer as a result of their non-fulfillment of the obligations examined above.
The captain has the right to disembark passengers who, at his sole discretion, assume an unsuitable behavior for the cruise, contrary to the rules of education and respect, dangerous for himself and the rest of the crew and that compromises safety navigation.
In case of disembarkation, nothing will be owed by the lessor for any reason or title.

OBLIGATIONS OF THE CAPTAIN

The Captain ensures that he possesses the experience, knowledge and skills in running the unit in question and is required to use the boat with particular prudence, expertise, diligence, in accordance with the agreed use and according to the technical characteristics resulting from the documents. onboard.

FAULTS, DAMAGES AND REPAIRS

The captain must immediately notify the Lessor (by telephone and email) of any accidents, breakdowns, damage and anomalies that have occurred on board the unit. Navigation may continue only if this does not lead to aggravation of the damage or danger to people and the boat. It will not be able to carry out any repairs without the prior authorization of the Lessor.
The expenses necessary for advance repairs by the Driver or the Captain will be reimbursed only if the cause of the same is not attributable to the passengers, according to the provisions of these conditions. To protect its right, the Lessor will keep the deposit.
If the boat suffers a breakdown of the engine, transmission, inverter, fixed maneuvers, batteries, alternator, which jeopardizes its full use for more than 12 hours, excluding the first night after the breakdown, the lessor will be exclusively required to allow the tenant to recover the hours not enjoyed, thereby excluding any other form of compensation and / or reimbursement.
The recovery of the hours not used will take place, in agreement between the Lessor and the Tenant, at the end of the tenancy period, only when possible, or through the establishment of a credit note for subsequent leases. Monetary reimbursement is expressly excluded.
Failures to: depth sounder, water heater, log, refrigerator, autoclave, dinghy, outboard, anchor winch, stereo, do not give the right to recover unused hours of lease, without prejudice to the exclusion of any right of the tenant to reimbursement, autopilot and any other equipment or equipment not essential for navigation.
Any requests for reimbursement for the cases accepted must be made by the tenant directly to the Lessor at the time of returning the boat and in any case within the same day.

INSURANCE

The boat is delivered insured with a policy valid for the navigation area concerned, which covers damage to the boat up to the total loss of the unit itself. The policy has an excess which is partially covered by the tenant’s deposit.
The unit also has a third party liability policy required under the laws in force, for damage unintentionally caused to third parties by navigation or the vessel’s storage in the water; this insurance does not cover: the loss or damage to the tenant’s property and the transported persons.
In any case, the tenant is responsible for damages of any kind that cannot be compensated by the insurer due to the conduct or fault of the tenant himself as well as the deductible.

REFERENCE TO THE LAW RULES

Il presente contratto ha ad oggetto la sola loThis contract relates only to the leasing of the boat and is therefore governed, although not expressly established therein, by the provisions for the rental of movable property by the Civil Code and the Navigation Code.

EXPENSES

Any registration costs and any other related and consequent to this contract will be borne by the tenant.

DISPUTES AND JURISDICTION

For any and all disputes arising from this contract, the Court of Naples will be exclusively competent