General Terms and Conditions of the Lease of a Watercraft for download in PDF.
ARTICLE 1
ACCEPTANCE OF TERMS AND CONDITIONS
1.1 The following general conditions of boat rental (hereinafter "General Conditions") are valid for all the rental contracts stipulated by GAIS CHARTER s.r.o. (hereinafter "Lessor"), with head office in Viale Italia n.7, Latina tax code 02539130597, having as object the rental of sailing boat with auxiliary engine (hereinafter "boat"). The present general conditions regulate the rights and duties of the Lessor and the Lessee.
1.2 It is the obligation of the Lessee, signatory to the contract, to submit the present general conditions to the vision and acceptance of all the persons who will be embarked with him before embarking. All bookings shall be made through the intermediary GAIS s.r.o., even if they are made by different entities, agencies or other intermediaries.
1.3 Before confirming the reservation, the Lessee can ask the Lessor to send him the general terms and conditions of the contract by e-mail; then he will confirm the reservation by paying the total amount of the agreed rental price as a deposit, thus becoming contractually bound to the Lessor.
1.4 Confirmation of the booking implies acceptance of these terms and conditions also by the other persons on board, which the client(s) undertake to obtain and enforce.
1.5 The Lessee undertakes to rent the pleasure boat and to make the payments of the rent according to the modalities stipulated below and any other extra expenses that may be agreed.
1.6 The contractual relationship between the Lessor and the Lessee is established by the charter party. By accepting the agreement the Lessor undertakes to rent the boat to the Lessee and not to enter into any other agreement concerning the renting of the chosen boat for the respective period of time.
ARTICLE 2
OBJECT OF THE FORECAST
2.1 The Lessor undertakes to grant to the Lessee, on the agreed date, the recreational craft chosen by the Lessee at the conditions indicated below.
2.2 The Lessee undertakes to use the boat for pleasure purposes and in accordance with these general condition.
ARTICLE 3
COST OF RENTAL AND PAYMENT CONDITIONS
3.1 The rental price list is published on the Lessor's website in EUR including VAT. The rental fee includes the technical and accessory requirements of the boat suitable for pleasure boating and published on the Lessor's website, the insurances, including the third party liability insurance provided for by the legislation of the Republic of Italy on pleasure boating (pursuant to Art. 14 of these General Terms and Conditions), and the mooring at the port of departure for the first and last night of the boat's rental.
3.2 The rental fee does not include the costs of mooring in ports other than the port of departure (first and last night), the fees of other service providers during the rental period, health insurance and the costs of fuel and consumables (in particular oil, water, electricity); furthermore, the rental fee does not include the costs of harbour dues, anchorage in private ports, local taxes, pilotage, the costs of telephone services, any administrative sanctions or other fines.
3.3 The boat rental fee is governed by the charter party and shall be paid in accordance with the payment conditions indicated in article 3 of these conditions, with the express specification that it does not include the security deposit pursuant to article 4 of these general conditions.
3.4 The Lessee shall pay 50% of the total rental price (hereafter "booking deposit") at the time of booking or within a different term allowed by the Lessor at the time of booking. The balance of the total rental price, agreed upon in the relevant contract, shall be paid by the Lessee by the date stipulated in the contract, and in any case no later than the delivery of the yacht.
3.5 The date of payment is understood to be the date on which the sum requested is credited to the bank account of the Lessor or of the authorised intermediary, if any.
3.6 If the booking deposit is not paid by the due date, the booking will be cancelled. If the balance is not paid by the due date, the booking deposit will be retained and the client will not be entitled to a refund.
3.7 The documentation for the possible provision of other services and the instructions regarding departure will only be delivered to the Lessee once the full amount of the rental price and the services requested has been paid.
3.8 The Lessor, in the case of impossibility to assure the Lessee the enjoyment of the craft booked, with particular reference to possible delays in the delivery of the newly built pleasure craft by the Shipyards or in the installation of the accessory systems, may free himself by offering a pleasure craft of similar characteristics or in any case similar, without any further obligation, except for the right of the Lessee to refuse the alternative service offered to him by the Lessor and to obtain the return of the deposit or the postponement of the rental period, without any further burden on the Lessor and therefore without any claim for compensation or damages of any kind from the latter.
ARTICLE 4
DEPOSIT PAYMENT AND DELIVERY
4.1 At the moment of taking over the boat at the port the Lessee is obliged to pay to the Lessor a deposit for possible damages caused according to the rates published on the Lessor's website. The deposit is not included in the rental fee and will be paid separately to the Lessor at the time of delivery of the boat.
4.2 The security deposit can be paid in cash up to the amount permitted by law, or by credit card (Visa/CaptainCard excluding American Express and Diners Club). The security deposit will be returned to the Lessee after the return of the boat and after the check-out of the boat, if no damage is found to the boat and its accessories and no third party damages suffered during the charter or administrative fines by the control authorities have been reported. In the charge of the security deposit, the Client will be charged the amount of 150,00 euros (one hundred and fifty/00) which shall specifically guarantee the compliance with the regulations on the separate collection of rubbish and the conferment of solid waste in force in each of the ports of call, the Client being obliged to place the rubbish still present on board at the time of check-out on the pier of the port of return of the boat in compliance with the aforementioned regulations.
4.3 In the event of damage to the boat and its accessories caused by the Lessee or by members of his crew on board, including the Skipper, the Lessor is authorized to deduct from the deposit the amount corresponding to the damage caused (based on the price indicated in the inventory on board „check-list“), up to the total amount of the deposit. If the damage is not included among those included in the on-board inventory (check list), the settlement of it will be carried out by GAIS CHARTER s.r.o. when checking out on the basis of the principles of fairness and good faith.
For these amounts, GAIS CHARTER s.r.o. will issue a corresponding invoice in accordance with current legislation.
The Lessee will not have the right to obtain from GAIS CHARTER s.r.o. any document demonstrating the repairs carried out and the costs incurred as well as may not require the display of policies or any other document relating to the damage and / or its compensation.
4.4 If, as a result of the damage caused to the boat, repairs are necessary, they must be carried out before the Lessee disembarks. The cost of the repairs will be at the expense of the Lessee, according to the market hourly rates, including materials. In this case, the Lessee will have to compensate the Lessor for the damage caused to him for the possible delay in the redelivery, also in relation to the impossibility of renting out the boat in the following period.
4.5 If the period of repair or the period of complete ascertainment of responsibility for the damage caused exceeds the duration of the rental of the boat and, at the time of the return of the boat, it is not possible to calculate the damage, the Lessor shall be authorised to retain the security deposit as a guarantee of his rights for as long as is strictly necessary, and in any case no later than 30 days after the return of the boat by the Lessee. The Lessor may deduct the amount documented by the respective estimate from the security deposit paid by the Lessee. The landowner will inform the guest about this in writing in a timely manner (by sending an e-mail to the address indicated by the guest) and will present the guest with the respective document. The remaining part of the deposit is to be returned by the landowner within 30 days from the return of the yacht to the account of the Lessee. The fact that the duration of the repairs exceeds the duration of the charter of the boat will also entitle the Lessor to compensation.
4.6 From the security deposit the Lessor may deduct any costs for extraordinary cleaning of the boat, if this is indispensable, or for refuelling, if the boat is not returned with a full fuel tank (see Art. 4.11).
4.7 Should the Lessor be notified of any damages suffered by third parties during the use of the boat and/or of administrative sanctions by the supervisory authorities after the regular return of the boat and after the return of the security deposit by the Lessor, the Lessee shall indicate to the Lessor his credit card through which the respective payment shall be made. For this purpose, the Lessee expressly authorises the Lessor to pay the penalty within 365 days from the date of the termination of the charter by means of the indicated credit card, after the Lessor has sent a copy of the fine or documentation proving other violations committed by the Lessee.
4.8 The Lessor undertakes to deliver to the Lessee the boat in good condition corresponding to the description given in the agreement, including the accessories, as specified on the Lessor's website www.gais.cz (hereinafter "Lessor's website"). In the Contract the maximum number of persons on board and navigation limitations of the vessel will also be determined. The boat will be equipped with the safety devices prescribed by law and with a receiver for the transmission of short wave radio signals (VHF).
4.9 The taking over of the boat by the Lessee in a port other than the agreed one will be possible only with the consent of the Lessor; the transfer of the boat will be at the Lessee's expense. The delivery of the boat will however have to take place within the agreed terms.
4.10 At the time of taking over the craft it is the Lessee's obligation to declare whether he intends to sail in Italian territorial waters or in international waters. The Lessor is obliged to be familiar with the navigation rules applicable along the entire intended navigation route.
4.11 At the time of taking over the boat the Lessee shall sign the inventory list with the estimated cost of repairs or replacements to be carried out urgently. He will also check the state of cleanliness and hygiene of the boat. Possible complaints must be presented by the Lessee before the beginning of the navigation, otherwise they cannot be taken into consideration and the Lessee will not have the right to any intervention of the Lessor nor to a discount on the amount of the rent. The Lessee, at the taking over of the boat, will be given the necessary documents of the boat. The Lessee is obliged to keep the necessary documents and the documents on board for the entire duration of the charter and to return them to the Lessor when the boat is returned.
4.12 The Lessor and the Lessee, before taking over the craft and when it is returned, will draw up a report on the functional checks and the inventory on board, including the consumables present on board (check-list), where the relevant price list, for the breakdowns provided for therein, is unquestionable since it has been drawn up in consideration of the urgency of the work for the need to obtain the immediate restoration of the full functionality of the craft. It is understood that for faults that are not included in the above mentioned price list, the aforementioned needs must be taken into account in order to determine the costs of the interventions. The Lessor shall deliver the boat to the Lessee with a full fuel tank. If at the moment of the return by the Lessee the fuel tank is not full, the Lessor will note this circumstance in the report of return.
ARTICLE 5
DELAY IN DELIVERY (by the Lessor)
5.1 If the Lessor is not able to place the chosen boat at the Lessee's disposal in the port and within the established time, he will have the possibility to deliver another boat of similar characteristics within 48 hours, with the obligation to reimburse the Lessee the daily rental fee not used. If the delay should continue beyond the above-mentioned period, the Lessee will have the right to: withdraw from the travel contract according to the general conditions. The Lessee will also have the right to be refunded the amount paid for the trip, in proportion to the period of non-use of the boat.
5.2 If the reason for the delay in delivering the boat to the Lessee is adverse weather conditions, prior notice from the maritime authorities for navigation or other causes of force majeure, the Lessor shall not be held responsible for the delay and the Lessee shall not be entitled to withdraw from the charter party and shall not be entitled to an appropriate discount.
ARTICLE 6
USE OF THE CRAFT – LIMITATIONS
6.1 The Lessee is bound to use the boat with particular diligence, bearing in mind the technical properties indicated in the navigation licence, exclusively for pleasure purposes, between safe and suitable ports and harbours, where the boat can enter, stay and leave in complete safety. In no case may this area include countries involved in war conflicts, military operations, revolutions or civil uprisings. The Lessor assumes no responsibility for delays in departure or interruptions of the cruise due to adverse weather conditions and in the presence of contrary provisions of the Maritime Authority on navigation. In such cases the contract will start anyway even if the boat will not be able to sail for several days.
6.2 The Lessee is forbidden to carry on board other persons than those declared by the Lessee in the charter party; it is also forbidden to carry any goods or carry out any other type of commercial activity or to keep narcotic or psychotropic substances (not even in the quantities declared for personal consumption), weapons, bullets and other objects or documents whose possession is forbidden in the countries where the boat will be located. The Lessor and other persons present on board are forbidden to keep or carry animals on board. The Lessee is not authorised to use drones on board or in the immediate vicinity of the boat, nor may he use remote-controlled underwater boats.
6.3 The Lessee is obliged to respect the maximum number of persons allowed on board, and may not leave the berth if navigation is forbidden by the competent authorities, and/or when the marine weather conditions and/or the state of the boat are such as to compromise the safety of the persons on board and/or of the boat itself.
6.4 The boat, without the prior written authorisation of the Lessor, may not be used in regattas or other events, nor engaged in dangerous water sports, including scuba diving with equipment, which can compromise the safety and integrity of the boat itself.
6.5 The Lessee expressly undertakes not to use for cleaning the external and internal parts of the boat products which may damage it, to switch off the engine when the boat is at an angle of more than 15°, to conduct the boat with the sails in a position appropriate to the strength of the wind, so that the boat is not damaged.
6.6 The Lessee shall obtain at his own expense detailed sea maps of the navigation areas in the appropriate scales, if they are not available on board, for a correct navigation. The Lessee shall scrupulously follow the weather forecasts in order to avoid sailing in unfavourable or adverse weather conditions.
6.7 The Lessee undertakes to take care of the boat with due diligence and attention, to keep in order accessories and internal spaces of the boat, to carry out the ordinary maintenance of the same. As a consequence of the non-observance of the above obligation the Lessor may charge all the damages to the Lessee.
6.8 The Lessee may assume - only in his own name, without spending the name of the Lessor - any obligations concerning the boat that he may have to contract with third parties, with the consequence that those obligations will have to be fulfilled exclusively by the Lessee. The Lessee is obliged to reimburse the Lessor all the sums that the latter has to pay to third parties for illicit actions carried out by the Lessee.
ARTICLE 7
PERSONAL DOCUMENTS
7.1 The Lessee undertakes to ensure that all the persons present on board the boat are provided with the necessary travel documents, visas and other documents for the whole duration of the hire. The Lessee also undertakes to compile and deliver to the Lessor the list of all the persons present on board, as well as copies of their identification documents for possible requests from the public safety authorities and for insurance purposes (crew-list).
7.2 The delivery of the craft may not take place without the valid documents of all the persons present on board and of the Captain, who must also provide his nautical licence or an equivalent document and issue, if a foreign citizen or an Italian citizen resident abroad, the documentation attesting to the possession of the legal requirements for the Command of the craft as well as a specific self-certification attesting to the possession of the same requirements. Otherwise the Lessor will have the right to withdraw from the charter party and the Lessee will not have the right to a refund of the sums paid for the charter of the craft.
ARTICLE 8
RESPONSIBILITY FOR MINORS FOR THE HEALTH OF THE DRIVER AND PERSONS ON BOARD AND THEIR OBLIGATIONS
8.1 The Lessee shall be responsible for the safety and for the actions or omissions of minors on board the boat and shall answer for their safety, without prejudice to the provisions of the law concerning civil liability.
8.2 The Lessee takes note of the fact that the boat, from the point of view of its specific characteristics, may be inappropriate for physically handicapped persons or for persons undergoing medical treatment. The Lessee with the signature of the travel contract, guarantees the good health conditions of all the persons on board and exonerates the Lessor from any responsibility to keep him free from any possible prejudice. The Lessee is obliged, in case of health problems of the persons on board, to ensure the necessary professional medical care and assistance without undue delay.
8.3 The Lessee, the Captain (if they are not the same person) and the other persons on board undertake to respect the rules of the country where the boat is located (especially those related to fishing) as well as the binding international contracts, the rules for customs declarations and the regulations of the port and customs authorities.
8.4 The driver shall be liable for any damage caused by his actions or omissions and those of the other persons on board if they are under the influence of alcohol or other drugs psychotropic, jointly and severally with such individuals. The damage is not limited to the amount of the deposit paid and the Lessee shall be liable for the full amount. The Lessee will also answer entirely by himself or other people or as a consequence of serious negligence or omission. The Lessee is obliged to instruct all persons on board and inform them about the obligations arising from these general conditions.
ARTICLE 9
REDELIVERY OF THE CRAFT
9.1 At the end of the charter the Lessee must return the boat to the Lessor in the port and within the agreed time, in the same conditions of use in which it was delivered to the Lessee, taking into account the normal deterioration due to ordinary use, complete with all its furnishings and equipment, household appliances, accessories, as well as the documentation and safety equipment, free from any constraint and encumbrance depending on obligations assumed by the Lessee during the charter of the boat.
9.2 The Lessee undertakes to return the boat to the Lessor with a full tank of fuel; if this is not the case the Lessee will be charged separately for the cost of the missing fuel, calculating the hours of operation of the engine for the boat's fuel consumption as established in the handover report, increased by the amount of 50 euros for the costs of the personnel involved in the refuelling service.
9.3 In the event of damage to the boat, its equipment or kit, the procedure will be carried out in accordance with article 4 of the present general conditions.
9.4 The Lessee may return the boat to the designated port and disembark before the end of the charter period of the boat; however, the early handing over of the boat will not entitle the Lessee to a discount on the charter fee or other compensation.
ARTICLE 10
DELAY IN DELIVERY OF THE BOAT (by the Lessee)
10.1 If, for reasons attributable to the Lessee, the boat is not returned to the Lessor in the manner and within the time agreed, the Lessor shall be charged twice the daily rental fee (or fraction of a day longer than 2 hours) until the boat is regularly returned.
10.2 Should the delay exceed 24 hours, the Lessee shall be obliged to pay a penalty to the Lessor equal to the rental fee chargeable to the next Lessee in the event of regular return of the boat.
10.3 If the Lessee decides to suspend or terminate the navigation in a port other than that indicated in the charter party, and the time necessary to bring the boat back to the established port exceeds the charter period, this will be considered as late return of the boat. The costs for the transfer of the boat to the port established for redelivery will be borne by the Lessee.
10.4 Adverse weather conditions do not constitute a legitimate reason to postpone the return of the boat by the Lessee, since the latter is obliged to monitor the weather forecast throughout the entire period of navigation and to adapt the boat to the weather conditions.
ARTICLE 11
DAMAGES, BREAKDOWNS, ACCIDENTS AND REPAIRS
11.1 In case of damage, breakdown or accident the Lessee (or captain, if not the same person) must promptly inform the Lessor. The Lessee will be allowed to continue sailing only if this will not cause aggravation of the damage or danger to people and the boat.
11.2 The Lessee is not authorised to carry out any repairs without the prior written consent of the Lessor. The necessary expenses for repairs and the assistance will be at the Lessee's charge and will be refunded to him at the moment of the return of the boat to the Lessor together with the respective receipt and if the cause of the damage is not attributable to the Lessee. The Lessee shall assert this right at the moment of the return of the boat by presenting the receipt, otherwise the right to the reimbursement of the expenses for the repairs will be lost.
11.3 Should the boat - without the Lessee's responsibility - suffer damages which jeopardise its use, the Lessee will be entitled to claim repair or assistance every day only during the period from 8.00 a.m. to 6.00 p.m., excluding holidays and pre-holidays. The Captain, the Lessee (if different from the Captain) and the other members of the crew shall cooperate and make themselves available to follow the instructions of the repairmen, also regarding the times and methods of intervention, possibly moving the pleasure craft to the places indicated by them.
11.4 If the damages prevent the use of the boat for more than 24 hours starting from 8: 00 of the following day (and excluding holidays and pre-holidays), the Lessor, both in the event that the event occurs before embarkation and in the event that it occurs during the rental, shall be obliged to grant the Lessee a replacement vessel of similar characteristics, where available, or, where this is UNACCEPTABLE, to return part of the rental fee in proportion to the period of non-use of the vessel without further charges to the Lessor, including for indemnities or compensation. In all cases in which it is possible to replace the vessel, if the new replacement vessel is not available to the Lessor, the client will agree to novation of the rental contract by entering into a new contract in his own name with the charter company that owns or uses the replacement boat on the same terms and conditions already agreed with Gais Sro., also undertaking to comply with the general or specific conditions contained therein or referred to. In this case, the rental fee and the security deposit, to the extent that if the security deposit has already been paid to Gais Sro., it shall be transferred by the Lessor to the charter company that will conclude the new lease. The client shall be responsible for supplementing the security deposit at his or her own expense only if the replacement takes place prior to boarding. In any case, the client has the right to opt for the restitution of the portion of the rental fee in proportion to the period of non-use of the boat originally rented, without further charges to the lessor company, even for indemnities or compensation. In the event of breakdowns and/or failures of any kind which do not however prevent the use of the boat beyond the time period indicated above, Gais Sro. will intervene to repair it, where possible, in the manner indicated above, and the client will be able to choose whether to continue the rental, without claiming damages or compensation from Gais Sro., or to provide for the restitution of the boat obtaining in this case the restitution of the only part of the rental fee in proportion to the period of non-use of the same without other charges to be borne by the lessor company, even for damages or compensation.
11.5 It remains firm between the parties that breakdowns and/or operating defects which do not prevent the use of the boat but only affect the comfort offered by the pleasure craft will never give the right to obtain refunds, reductions or discounts of any kind.
11.6 The Lessor will in any case, as far as possible, request the intervention of technicians without however guaranteeing the time or method, especially when the failure or defect is minor and occurs during high season or on holidays or days before holidays.
11.7 In the event of a breakdown, accident or other damage resulting from the non-fulfilment of obligations by the Lessee or other persons on board, the procedure will be carried out in accordance with article 4 of these general conditions.
11.8 The Lessor is not liable for damages and losses of the goods of the Lessee or of the other persons on board.
ARTICLE 12
MAINTENANCE OF THE BOAT
12.1 The Lessor is obliged to carry out all the repairs of the boat due to force majeure or wear and tear due to current use, as well as those attributable to hidden defects inherent to the boat and its parts.
12.2 The Lessee is obliged to keep the boat in the same conditions in which it has been taken over, taking into account normal wear and tear. The Lessee is obliged to carry out the ordinary maintenance operations on the boat (in particular the oil change, the care of the engine, the batteries, the winches, the sails, etc.) and to take particular care in order to avoid damages. The costs of ordinary maintenance are at the Lessee's expense.
12.3 Urgent and unpostponable repairs shall be carried out by the Lessee in accordance with the procedures defined in article 11 of these general conditions.
ARTICLE 13
COMMAND OF THE CRAFT AND OBLIGATIONS OF THE CAPTAIN
13.1 The Captain must have the respective authorisations for the operation of the craft and is obliged to document the existence of such authorisations in the manner indicated in article 7.2 above. The choice of the Captain is subject to the agreement of the Lessor. Should the Lessor consider that the authorisations of the indicated Captain are not sufficient to conduct the type of boat rented, the Lessor may ask the Lessee to provide for the replacement of the Captain. If the Lessee does not wish to replace the Captain, the Lessor has the right to forbid him the use of the boat and to terminate the rental agreement.
13.2 The Captain is obliged to follow the instructions of the Maritime Authorities, if for any reason they prohibit navigation (bad weather, other dangers in the area, etc.). If the marine weather conditions present elements with an intensity greater than force 5 on the Beaufort scale, the Captain will not be able to set sail from the port; if already underway he will have to look for a landing in the nearest port or a safe anchorage. In the case of anchoring the vessel in the vicinity of the coast, The Captain shall ensure that the boat is never left without the appropriate control for the situation and the location.
13.3 The Captain is obliged to report in the logbook the arrivals and departures from the ports, the weather conditions, the hours of motion carried out with the help of the engine. If the duration of the charter exceeds 10 days, the Captain is obliged to inform the Lessor (by telephone, fax, telefax or telegram) of the vessel's position every 7 days.
13.4 The Captain is also obliged to promptly report, by the above mentioned means, any accidents, damages and anomalies that occurred on board the boat.
13.5 In case of serious damages including more than one boat or in case of serious personal injuries, the Captain is obliged to report them to the competent Port Authorities who will draw up a special report to be delivered to the Lessor for presentation to the Insurance Company.
13.6 If the Lessee is not the same as the Captain, the Captain shall be liable for the damages caused by the non-fulfilment of his obligations as per this article 13, independently and jointly with the Lessee.
ARTICLE 14
INSURANCE
14.1 The Lessor undertakes to insure the boat against the ordinary risks of navigation, at his own expense. The Lessor will provide the craft with insurance cover for civil liability towards third parties deriving from navigation in compliance with the provisions concerning commercial leasing of pleasure craft according to Italian law, with the maximum amounts envisaged therein.
A copy of the insurance contracts will be made available with the delivery of the craft; they will be governed by the following conditions
Mod. 61501T23 of GenMar. available on the website of the insurance company Generali Italia S.p.a..
At the Client's request the policy limits will be communicated.
The Lessee may request to supplement the aforesaid policies at least 10 days prior to the commencement of the rental period in order to provide for the coverage of further risks, the increase of the ceilings and any further modification, where permitted by the Insurance Company, incurring all the expenses relating to the increase of the insurance premiums.
14.2 The insurance policies mentioned under item 14.1 do not include health insurance. The Lessor suggests that the Lessee takes out such insurance at his own expense for the entire rental period.
14.3 The Lessee is obliged to pay to the Lessor the damages that are not covered by insurance and that are attributable to the Lessee or to the other persons on board, as well as the part of the indemnity that exceeds the limits of the policy. The Lessee will take care of communicating to the boarders what has been agreed above regarding the insurance policy and to inform them of the possibility of modifying the insurance conditions at his own expense.
ARTICLE 15
REQUEST FOR TOWING/ASSISTANCE
The Lessee and the Captain will be directly responsible for the obligations connected to the towing and/or assistance operations requested to other boats, with the exception of the cases in which the persons on board are exposed to real danger and the integrity of the boat is put at risk for events not resulting from facts or omissions of the Lessor and/or the Captain.
ARTICLE 16
FORCE MAJEURE
For the purposes of the present general conditions, by force majeure are meant in particular those events and conditions that cannot be controlled and are beyond the control of the Lessee and the Lessor; these are in particular, by way of example and not exhaustive, strikes, company lock-outs, popular unrest, revolts, invasions, wars, fires, explosions, sabotage, piracy, storms, precipitation, natural disasters, epidemics, health emergencies, grounding and collisions in the sea that are not attributable to the conduct of one more people.
ARTICLE 17
SUBLETTING AND CESSION OF THE AGREEMENT
The Lessee is forbidden to conclude a sublease agreement for the boat and is not authorised to transfer the agreement to third parties.
ARTICLE 18
WITHDRAWAL FROM THE AGREEMENT
18.1 The Lessee has the right to withdraw from the contract at any time, before the beginning of the rental period, by sending written notice to the Lessor (by e-mail, fax, post, etc.).
18.2 If the reason for the Lessee's withdrawal is the non-fulfilment of contractual obligations by the Lessor, the latter shall be obliged, no later than 14 days after the withdrawal, to reimburse all the payments made by the Lessee, without withdrawal costs.
18.3 For other serious and proven reasons for the cancellation by the Lessee (such as bereavement in the family, serious injuries, war, strikes, terrorist attacks, extraordinary hygienic conditions, natural disasters, health emergencies, special conditions of the maritime borders or boundaries etc.), the Lessor advises the Lessee to take out cancellation insurance. If there is no suitable insurance, the lessor may retain the payments made and offer the client the booked boat on an alternative date. If this is not possible, the Lessor shall reimburse the Lessee for all payments made by the latter after deducting the cancellation costs.
18.4 If the Lessee withdraws from the agreement on his own will, he is obliged to pay to the Lessor the following compensation for the case of withdrawal and to pay the other expenses incurred when cancelling the booking in the amount of 70% of the amount if the cancellation is made up to 30 days prior to the commencement of the rental period; 100% of the amount, if the cancellation is made in a period of up to 30 days prior to the commencement of the tenancy; and the indemnity for the case of withdrawal will be due on the date of receipt by the Lessee of the contract.
18.5 The compensation for the case of withdrawal will be due on the date of receipt of the withdrawal from the contract by the Lessee.
18.6 If the Lessee does not present himself to receive the delivery of the boat, or if he has not fulfilled his obligations, he will not have the right to the restitution of the sums already paid.
ARTICLE 19
COMPLAINTS
19.1 If the Lessee is not satisfied with the condition of the boat, he is obliged to inform the representatives of the Lessor in a timely manner and to ask for a suitable remedy. If the representatives of the Lessor are unable to satisfy or do not approve of the Lessee's requests, he will draw up a written complaint in which he will objectively state the circumstances of the complaint. The complaint will be signed by the representatives of the Lessor and the complaining Lessee. The Lessee shall assert his rights with the Lessor in a timely manner. The Lessor shall remove the defect, unless removal of the defect is not possible or would require disproportionate costs in relation to the extent of the defect and the value of the service to be provided.
19.2 If the defect is substantial, the Lessee shall be entitled to withdraw from the rental agreement without paying the compensation provided for the case of withdrawal.
19.3 If, after departure, there are substantial defects in the boat, the Lessor shall offer the Lessee, without additional charge, a reasonable alternative solution, offering a boat possibly of the same type as the one agreed upon in the rental agreement, so that the rental can continue, even in cases where the return of the Lessee to the place of departure should be different from the one agreed upon. If the modification of the contract should lead to the offer of a yacht of inferior quality, the Lessee shall have the right to an adequate reduction of the price.
19.4 If the Lessee complains to the Lessor about a defect according to the first paragraph of this article and the Lessor does not remove it without just cause, the Lessee will have the right to compensation.
19.5 If the Lessee does not make use of some of the services related to the rent and included in the rent, he will not have the right to have the rent reduced or to be granted alternative services.
19.6 If the Lessee is not allowed to enter the country of destination or transit by the local authorities, the Lessor will not assume any responsibility towards the Lessee and he will have to return to the country of departure at his own expense, losing the right to compensation for any unused services. The Lessee will also be charged the compensation foreseen for the case of withdrawal, as if he had not shown up at the departure.
19.7 The Lessor shall not be liable for any damage caused by the Lessee to third parties that cannot be attributed to the rental or to an unavoidable event that could not be prevented even with all the efforts that may be required.
ARTICLE 20
PROTECTION OF PERSONAL DATA AND GDPR
The processing of personal data is governed by the applicable legal provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR).
By approving this contract, the customer confirms that he has read its content and general conditions and agrees to them also on behalf of all the members of the crew. The Lessee shall be responsible for the correctness of the personal data given and consents to their processing in accordance with the law on the processing of personal data.
The lessor will collect and process the following personal data of the travellers: name, surname, date of birth, personal code, sex, residence address, citizenship, telephone number, e-mail address, rental document number, document expiration date, payment data.
For the purpose of the fulfilment of the present Rental Contract and/or of the travel contract possibly forming the basis of the rental relationship or of any further contracts for the provision of tourist services, the Lessee is informed that his personal data will be granted, to the extent strictly necessary, to other sub-suppliers of services that are part of the trip (carriers, accommodation, foreign partners, guides, delegates, insurance companies), possibly for administrative and bureaucratic purposes in order to achieve the purpose of the present contract or of the contracts connected to it.
The Lessee, as the owner of the data, declares that he will promptly inform the other users of the boat and the Captain about the use and processing of their personal data by the Lessor, the tour operator (if any) or other tourist service providers (other disposers).
A separate consent of the Lessee to the processing of personal data is only necessary for any specific purposes, i.e. at the time of inclusion in the loyalty programme, if activated. The Lessor is already entitled to send promotional offers to his customers without the aforementioned consent. The sending of commercial communications may be cancelled by the customer by sending an email to: gaicharter@gmail.com
Detailed information on data processing and information on the Lessee's rights in connection with the protection of personal data can be found on the website: www.gais.cz
If the client believes that a violation of the rules regarding the processing of personal data has occurred, he/she shall be entitled to lodge a complaint with the supervisory bodies, which in Italy is the Garantor for the protection of personal data. More information can be found at: https://garanteprivacy.it/
The Lessee, by signing the Charter Agreement, gives the Lessor, if necessary, the consent to the satellite control of the boat also for the verification and transmission of the data of depth of the seabed or other data concerning the safety of navigation, without exceptions.
ARTICLE 21
APPLICABLE LAW, INTERPRETATION AND EXTENSION CLAUSE
21.1 Anything not expressly governed by this contract shall be subject to Italian law.
21.2 In the event of any uncertainty in the logical and verbal interpretation of these General Terms and Conditions for the hire of the boat or in the event of disputes between language versions, the interpretation of the Italian version shall be decisive.
21.3 By signing this contract, the parties expressly agree that all disputes relating to the boat hire contract and to the general terms and conditions thereof shall fall under the exclusive jurisdiction of the Court of Latina (Italy).
