Allgemeine Charterbedingungen dieses Vercharterers
 


BAREBOAT
CHARTER
PARTY
<>

This charter party corresponds to the one approved by Catania's Chamber of Commerce

















Contratto
nr.



Bareboat
charter party


<>




del



of















































Tra
la Ditta



Between




Turistica
Il Gabbiano scrl




Con
sede



Addressed
at



Messina,
via dei Mille is. 145 n. 155




Partita
I.V.A.



I.V.A.
code



01505750834













Legale
rappresentante

Legal
rappresentant




Giovanni
Denaro




Nato
a/il



Born
in/on



Messina
- 27 / 08 / 1962




residente
in



resident
in



Messina




Qui
di seguito definito "LOCATORE"



Hereinafter
He is called the "LESSOR"



 




























E
il Sig.



And
Mr.



<> <>



Nato
a/il



Born
in/on








residente
in



resident
in



<> <> <>



Codice
fiscale



Code







Documento
d'identità



Doc.
identity









Qui
di seguito definito "CONDUTTORE"



Hereinafter
He is called the "CHARTERER"



 




























































Si
conviene e stipula quanto segue: il Locatore dà in noleggio
al Conduttore, che accetta, dichiarandola conforme alle proprie
esigenze,



Whereby
it is agreed as follows: the Lessor agrees to let on charterage to
the charterer, who agrees, declaring it suitable to his own
necessities,
L'unità da diporto a



The
yacht



Vela




Tipo/mod.



Yacht
type



<>



Anno



year




<>




denominata



named








Bandiera



flag




Italiana




immatricolata



reg.
nr.








Abilitata
navigazione



allowed
to the navigation



Oltre


sei
miglia dalla costa con un equipaggio minimo di



more than six
miles from the coast with a minimum number of




2




persone
ed un massimo di persone a bordo pari a



persons
and a maximum number of persons allowed on board


















L'imbarcazione è regolarmente
assicurata.



The
yacht is regulary insured.



 









































































Il
presente contratto ha la durata di giorni



The
yacht shall be hired for a period of







Al
termine dei quali non si intende rinnovato. L'unità sarà:



days.
At the end of which this contract shall not be renewed. The
yacht must be




Consegnata
al Noleggiatore presso il porto



Delivered
to the Charterer in the port of




<> / <>


Il
giorno



on




<>




alle
ore



at




17.00




Riconsegnata
all'Armatore presso il porto



Redelivered
to the shipowner in the port of




<>




Il
giorno



on




<>




alle
ore



at




18.00
(*)



+overnight
on board
L'unità
sarà utilizzata nei seguenti limiti



Cruising
area




Tirreno
meridionale
(*)



Canone
di Noleggio (I.V.A. inclusa)



Renting
charter






<>


Di
cui:



of
which




50 %




Pari
a



That
is






<>


Alla
firma del presente contratto



On
signing this contract




Saldo:



full
payment




50 %




Pari
a



That
is



€ <>




Entro
e non oltre il



within









Deposito
cauzionale di:



Security
deposit






<>


Da
versare al momento dell'imbarco



To
give just before embarking



pagamento obligattorio

obligatory extra costs (payable at
base)
<>  
accordi addizionali

additional agreements
<>  

 




































Comandante
dell'Unità



Skipper








Nato
a/il



Born
in/on








residente
in



resident
in








Patente
Nautica nr.



License
nr.









Rilasciata
da



Issued
by








Valida
sino al



Valid
until









Per
la navigazione



For
navigation









Certificato
R.T.F. nr



R.T.S.
license nr.








La
scelta del Comandante e/o la sua eventuale sostituzione è
subordinata al gradimento dell´Armatore.



The
choice of the Captain and his eventual substitution shall be
subject to the Lessor´s approval.








1.
PAYMENTS:
The Charterer binds himself to pay the charter fee and
the cautional deposit as provided by the present charter party. In
case all these payments are not payed or the terms are not observed
then this charter party will be automatically cancelled and the Lessor
shall be entitled to retain what has been received and to claim the
damages suffered.


2.
COMMAND OF THE YACHT:
In case the Charterer doesn't have a license
in possession by law for the cruise, he has to appoint the Captain
who shall also sign this charter party undertaking all those obbligations
entailed under it. The Lessor or his representative has the right to
ask the charterer or his crew the license valid in Italy. In judgement
of the Lessor or his representative, if the knowledge and ability of
the license holder are not considered sufficient for the safety of
the people on board or of the yacht chartered, the Lessor or his representative
may propose the presence of a Captain to the Charterer at his charge
otherwise the charter party will be automatically cancelled and the
Lessor shall be entitled to retain what has been received


3. CHARTERER AND CAPTAIN DUTIES: The Charterer and the Captain shall
use the yacht with particular diligence according to its technical characteristics
and the agreed employment. The Charterer and the Captain are jointly and
severally responsible for any violations of this charter party and they
bind themselves to pay for any request made to the Lessor for any happenings
made during the charter period or in its conseguence


4. DELIVERY AND INSTRUCTION FOR USE: The Lessor must deliver the yacht
at place and time foreseen by this charter party giving it in condition of seaworthiness,
with all its accessories, equipments, safety equipments and navi- gation papers
as required by law, duly insured against all navigation risks, special average
and third party liability. At the delivery, the Lessor will give an inventory
list to the charterer, who will confirm to have received the yacht with all
its required aecessoires and supplies. Any kind of protest will be not accepted
after the delivery. The period of time spent to explain the instruction to use
and to cheek the inventory list, will be considered a part of the charter period.


5. DELAYED DELIVERY: If for any reason the lessor is
be enable to deliver the yacht, he will be entitled, having informed the
Charterer, to deliver another yacht with similar characteristics within 48
hours and he will refund the Charterer for the period of delay at the pro-rata
daily charter fee. If the delay exceeds this period, for any reason not imputable
to the lessor, the Charterer will be allowed to confirm his charter with
the refund for the lost clays or to give up the whole charter and to claim
the repayment of the whole charter fee, with interests, but not be entitled
to damages. This decision shall be immediately cornunicated in writing to
the lessor and the contract will be considered rescinded.


6. USE OF THE YACHT AND RESTRICTIONS: The Charterer and the Captain
bind themselves to use the yacht exclusively for pleasure cruising between
safe and sicure ports and anchorages where it can enter, remain and set sail
safely lie always afloat within the cruising area. They must take note that
it is not allowed to transport goods, passengers or any other commercial
items. Moreover the Charterer and the Captain bind themselves: a) to
respect the minimum crew and the maximum number of persons allowed on board; b) to
use the yacht within the above mentioned cruising area and not to leave italian
territorial waters without the written consent of the Lessor; c) to
obtain a written authorization on the part of the Lessor to take part in
races, regattas or competitions; d) not to ask to be towed or tow
other vessels except under emergency circumstances; e) to respect
the guesting country laws, especially the set of rules concerning customs
declarations, fishing, scuba diving and the dipositions of harbour, custom
and sanitary Authorities; f) to follow the competent Authorities dispositions
when navigation is not allowed because of any reason (bad weather, danger
of area) and not to leave the port or the anchorage or, if the yacht is in
navigation, to enter the nearest port or safe place at once when the wind
and sea are or are predicted to be over five of Beaufort scale or when vessel
or crew conditions are such as to affect the safety of the vessel and their
guests; g) to rnoor the yacht near the coa- st in a safety position
and never leave it without control; h) not to give sailing lessons; i) not
to keep any kind of animals on board; l) to enter in the yacht's log
book arrivals and departures from the ports, atmospheric conditions, hours
cruised using engine, damages, repairing etc.; m) not to sail in dangerous
areas in consequence of wars, hostilities, military operations, revolutions,
riots and where the navigation is forbidden, taking note that insurances
are not acting; n) not to keep fire-arms or drugs on board, even for
personal use.


7. MAINTENANCE OF THE YACHT: The maintenance of the yacht is charged
to the Charterer, who binds himself to take care of the yacht, to keep it and
its accessories in order and clean and to provide for normal mainte- nance (oil
changes, care of the engine, batteries, winches, sail etc.) .During the charter
period the expenses for damages due to force majeure or normal wear due to the
normal use of the yacht under the terms of this Charter party will be
payed in advance by the Charterer and they will be refunded at the end of the
charter.


8. RUNNING COSTS: The Charterer shall pay all the expenses concerning
to the use and consumption of the yacht during the charter period and in
particular for fuel, oil, water, electricity, harbour fees and dues, anchorage
and mooring dues, local and customs taxes, employment of radiotelephonic
equipments and finally pecuniary and administrative penalties. If at the
end of the charter it is not possible to establish the cost of telegrams,
telephone and radio-telephonic calls their amount will be estimated by the
Lessor and payed by the Charterer.


9. DAMAGES
AND REPAIRS:
The Charterer must inform in writing, best by fax, the
lessor or his representative of any ave- rages, damages and anomalies
which may have occurred on the yacht within 24 hours. The Charterer can
continue the navigation only if it does not worsen the damage or it it
does not expose the yacht and people on board in danger. The Charterer
shall previosly and necessarily obtain the consent in writing of the
Lessor, for price and technical suitability of all repairs to be made,
in order to be refunded at the end of the charter. If the Yacht is damaged,
independently of the Charterer's fault, such as to pre- vent the reasonable
use of the yacht for a period exceeding 48 consecutive hours since the
possible intervention, when in italian water, or 72 consecutive hours,
when in foreign waters, the Lessor shall refund the Charterer for the
period at the pro-rata daily charter fee and the Charterer must not put
forward any right for further damages. If the time necessary to repair
the yacht exceeds 96 consecutive hours, the charterer shall have the
right to terminate the charter and to claim the pro-rata repayment for
the part of the charter period that commenced at the time of disablement.
According to the organizing exigences the lessor shall allow a pro-rata
extension of the charter period adding the days of disablement. If any
repair is necessary at the Charterer expenses, these shall be effected
before redelivery. Anyway the Charterer shall refund the lessor for the
needed time for the repairs exceeding the charter period and further
damages because of this waste of time.


10. REDELIVERY
AND OBSERVANCE OF THE TERMS:
The Charterer binds himself to redeliver
the vessel in the terms and in the port above defined, whitout any debts
that he might have had during the charter in as good conditions as when
delivery was taken with all the accessories, equipments, supplies and
documents received from the Lessor. The cruise itinerary must be planned
in order not to delay the redelivery, that must be anticipated in case
of bad weather forecast. If the redelivery doesn't occur in the defined
time, the Charterer shall pay a penalty equal to twice the daily
hire rate agreed for each day or fractional part of a day exceeding two
hours until the redelivery will be effected and the lessor will be entitled
to claim the repayment for damages due to the failed or delayed delivery
to the following user of the yacht. If the Charterer doesn't end
his cruise in the defined port, the time required to take the yacht to
the port of redetivery, will be considered as delay and he shall pay
all costs for transferring the yacht to the agreed port of redelivery.
The parties agree that the delay of redelivery cannot exceeds five days,
it any written authorization will be given by the Lessor. The Charterer
declares that he knows his behaviour Both parties agree that a delay
in the reconsignement of the yacht shout never exceed five days unless
there is a written authorization on the part of the Lessor. The Charterer
declares that he is aware that his behaviour implies an “interversio
possessionis”(interversion of the possession) of the hired yacht
and the offence of embezzlement.


11. RELEASE
OR INTERRUPTION:
In case of the Charterer's release to the charter
party he has to inform immediately in writing the Lessor who will be
entitled to claim or to retain:


a) the down payment, if the notice arrives before the date agreed
for the settlement; b) the full charter fee, if the notice
arrives within 30 days before leaving. However, if the Lessor will be able
to re-let the yacht to other Charterers for the same period at the same conditions
first agreed, he will return all payments received, deducting all expenses
(commission included) incurred for this charter and the new one. If the
cruise is voluntarily interrupted, the Charterer won't have any refunds,
but he shall pay all expenses due to this anticipated redelivery to the lessor.


12. CAUTION: The caution payed in security for any obligation of the
Charterer, the Captain or the guests, will be returned to the Charterer,
without interests, after having ascertained that no damages, contractual
violations and obligations have been made during the charter period.


13.
INSURANCE:
The insurances made by the Lessor don't cover the loss
or damage of items belonging to the Charterer and his guests, tort liability
towards the things of third party and towards the charterer's parents
on board.


Insurance conditions will be all known by the Charterer, because a copy of
them will be given to him before embarkation In any case, the Charterer shall
pay for any damage not covered by the insurance due to the Charterers' responsibility,
the franchise and the inadequate insured value.


14. BAD WEATHER CONDITIONS: The lessor doesn't take on any responsibility
for departure delays or cruise interruption due to bad weather conditions
or to Orders issued by the Port Authority.


15. REMUNERATION FOR ASSISTANCE, SALVAGE AND RECOVERY: During
the charter, any benefits for salvages, towages and assistance operations
shall be equally shared between the Lessor and the Charterer after deducting
expenses and hire for the charter period not enjoyed. All mesures undertaken
by the Lessor to have payment for assistance and salvage will be binding
for the Charterer and Captain.


16. SUBCHARTERING AND TRANSFER OF CONTRACT: The Charterer is
not allowed to subcharter the yacht or to give up the rights which result
from the present charter party.


17. REGISTRATION COSTS: Any possible registration costs of this charter
party and any other costs relating to it will be charged to the requiring
Party.


18. CONTROVERSY: Any controversies about interpretation or esecution
of this charter party will be referred to an arbitration board in Messina,
consisting of three members, one of those appointed by each party and the
third one chosen by these two arbitrators. In case of lack of agreement the
third one will be appointed by the Harbour Master of the Harbour Office of
Messina . The Arbitration board will decide as friendly composer with all
kind of freedom of procedure.


19. APPLICABLE LAW: With regard to what not specifically stipulated
in the present charter party, reference is made to the current Italian legislation.
If this charter party is translated, the Italian one will be considered prevailent
for interpretation or discrepancy.


20. BROKERAGE COMMISSION: Any brokerage commission in respect of the
stipulation of this charter party are charged to the Lessor. With this charter
party the Lessor gives an his behalf a mandate to the Broker to receive the
down payment and the settlement of the charter fee retaining his commission.
The commission will be in any case entirely payed, after the down payment,
even though the charter is cancelled.


21.
BROKER:
This charter party has been negotiated by Pecumedia GmbH www.charterpartner.info
(Broker). The Lessor and the Charterer recognize in accordance with the
Broker that he is the signer of the contract only for what concerns
his acting and they relieve the Broker from any responsability resulting
from the use of the hired yacht.