This contract has been agreed between the above-mentioned parties:
Art. 1) SUBJECT MATTER:
By signing this contract, the RENTERER rents the vessel to the CHARTERER for a day tour including all services offered (ref. page 1), and therefore undertakes to make the vessel available to the CHARTERER for the specified Charter Period and pre-set navigation program. The CHARTERER, by signing this contract, accepts all conditions of the day tour and undertakes to pay the charter fee According to the terms and deadlines agreed upon by the parties
Art. 2) OBLIGATIONS OF THE RENTERER:
The RENTERER is obliged, prior to departure, to ensure the vessel is seaworthy for the journey, to properly arm and equip it, and to provide it with the required documentation. The RENTERER is liable for damages resulting from lack of seaworthiness, unless it can be proven that the defect was hidden and could not have been detected with ordinary diligence.Smoking is not permitted in the accommodation or outside common parts: the client should respect the safety regulation should communicate to the personel or the company before the departure any case of recent physical surgery, mental problem , pregnancy or any other medical information that could cause a problem to the client during the navigationand relies the BW Charter srl all the responsabilities for all the conseguences : the Bw charter srl can refuse the the embarkation and cancel the Cruise without any refund or obligations. The BW Charter is not responsible to any accident on board due to distraction of the client or no following the safety indication issued on board by the personell with the signature of the contract the client assuming all the responsibilities for all the consequences caused by client behavior or distraction
Art. 3) OBLIGATIONS OF THE CHARTERER:
The CHARTERER undertakes to comply with all laws, rules and regulations in force in the country of registration of the Vessel and in any country in whose waters the Vessel will enter during the charter period. The CHARTERER shall ensure that no animals are brought on board without the prior written consent of the CHARTERER. The CHARTERER shall treat the crew with due courtesy. The Captain shall immediately bring to the attention of the CHARTERER any breach of these conditions by the CHARTERER itself: if such conduct continues even after the Captain’s warning, the Captain shall inform the OWNER, who shall have the right to instruct the Captain to direct the Vessel to the Redelivery Port. In such case, the OWNER shall have the right to declare immediate termination pursuant to Article 1456 of the Italian Civil Code of this charter, without any formalities, and this charter shall be deemed terminated upon the Vessel’s arrival at the Redelivery Port and the CHARTERER’s disembarkation, which shall take place immediately.”
Art. 4) NAVIGATION PROGRAM:
The boat tour has been agreed upon by the parties and consists of the stages listed in Annex A. The vessel will follow the agreed itinerary, except in cases of majeure force, adverse weather conditions or other circumstances beyond the control of the shipping company. The shipping company reserves the right to modify the itinerary, if necessary, promptly notifying the passengers of any changes.
Art. 5) AMOUNT OF THE RENTAL:
The rental price of the vessel, for which a proper electronic invoice has been issued in accordance with legal terms, is indicated at the invoice :
Art. 6) DELIVERY:
At the start of the Rental Period, the RENTERER shall deliver the vessel to the CHARTERER at the Port of Delivery, and the CHARTERER shall take delivery of the vessel. The RENTERER shall deliver the vessel in working order and in good condition, seaworthy, clean, ready for service, properly armed and equipped, in every respect suitable and outfitted for the intended ordinary use, complete with all required documents and with the insurance coverage required by law. The presence of unfavorable weather or sea conditions, provided that navigation is still deemed safe at the sole discretion of the Captain, shall not constitute valid grounds for the CHARTERER to refuse delivery of the vessel.
Art.7.REDELIVERY
RENTERER undertakes to return the vessel to the RENTERER at the Port of Return at the end of the Rental Period, ensuring, at their own care and expense, that the vessel is in the same condition as when it was received. For every hour or part of an hour of delay in returning the vessel beyond the agreed Rental Period, the CHARTERER shall pay the RENTERER a penalty as per agreement, with any further claims for damages expressly excluded in advance. The CHARTERER may return the vessel to the RENTERER before the end of the Rental Period; however, such early return shall not entitle the CHARTERER to any reduction or refund, in whole or in part, of the Rental Cost.
Art. 8) NAVIGATION AREA:
The vessel will be employed in the navigation area of the North Sardina, South Of Corsica , as per the navigation program.
Art. 9) USE OF THE VESSEL:
The vessel shall be used exclusively as a charter vessel, between ports, and only at valid and safe moorings where it can remain afloat securely at all times. Daily navigation shall not exceed an average of six hours. The CHARTERER may not possess narcotic substances on board and/or allow more passengers than the maximum capacity of the boat. The CHARTERER shall compensate the RENTERER for any loss, damage, or liability arising from a breach of the above provisions as per law.
Art. 10) AUTHORITY AND RESPONSIBILITY OF THE CAPTAIN:
The RENTERER shall ensure that the Captain treats the CHARTERER with the same care as if the CHARTERER were the RENTERER. The Captain shall comply with all reasonable instructions given by the CHARTERER regarding the operation, handling, and movement of the vessel, subject to weather conditions, wind, and other relevant circumstances.
However, the Captain is not obliged to follow any order which, in the Captain’s reasonable opinion, would cause the vessel to enter an unsafe or unsuitable port or location, could result in the CHARTERER failing to return the vessel at the end of the Rental Period, or might, in the Captain’s reasonable opinion, lead to a breach of any clause of this Contract.
Furthermore, without prejudice to any other remedy available to the RENTERER, if in the Captain’s reasonable opinion the CHARTERER or any of their guests fails to comply with any provision of this Contract, and such failure continues after a specific warning has been given by the Captain, the Captain shall inform the RENTERER and the Broker / Stakeholder, who may immediately terminate the charter or instruct the Captain to take the following actions:
- The CHARTERER and their guests shall disembark after settling all outstanding expenses with the Captain, and the CHARTERER shall not be entitled to any refund of the Charter Fee.
- In particular, regarding the use of water sports equipment, the Captain shall have the authority to prohibit the CHARTERER or any or all of their guests from using specific water sports equipment if they are not competent, behave irresponsibly, are under the influence of alcohol, or do not show proper care for others or property during use.
- NOTIFICATIONS BY THE CAPTAIN
The Captain shall immediately notify both the RENTERER and the CHARTERER of any malfunctions, technical failures, crew changes, accidents, or other relevant incidents.
Art. 11) For any matters not expressly governed by this contract, the parties expressly refer to the provisions of the Italian Navigation Code.
Pursuant to Articles 1341 and 1342 of the Civil Code, the undersigned expressly declare that they have taken note of and specifically approve the clauses listed in Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this agreement, consisting of three (3) pages plus Annex A.”
