GENERAL TERMS AND CONDITIONS
PARTIES TO THE CONTRACT
in this contract, Franmarine srl, as the lessor, will be referred to as the "owner"; the customer, holder of the rental / lease contract, will be called the "lessee"; any qualified driver, other than the person of the lessee, will be called "skipper".
ASSIGNMENT OF THE CONTRACT
the lessee is not allowed to transfer the aforementioned boat or the rights deriving from this contract for use to third parties.
EVENTS OF THE CONTRACT
the lessee can withdraw from the contract but loses the right to the refund of the sums paid by him to the shipowner as a confirmatory deposit for the exclusive booking; the lessee loses the right to withdraw from the contract from the sixtieth day before the start of the lease / charter, and the owner from that moment, in the event of a subsequent declaration by the lessee that he cannot use the boat, will always be entitled to 100% of the tariff. In case of interruption of the operation of the boat due to request or due to the lessee, he will not be entitled to any refund; the non-use of the boat during the foreseen period does not entitle the lessee to any reimbursement.
The shipowner who, due to damage or any other reason beyond his control, cannot deliver the hired boat, will still have the possibility to deliver another one with similar characteristics within three days, with the obligation to reimburse the lessee the only possible daily fee. not enjoyed. If the delay extends beyond the aforementioned period, the lessee will have the right to request termination of the contract and the relative reimbursement of any rate paid plus interest at the legal rate, but without the right to any other form of compensation. If the departure of the ship is prevented for reasons not attributable to the owner, the contract is terminated and the carrier must return the price paid to him. Art. 402 Obstruction of the ship. As for individual boarding, the organizer can cancel the Itinerary program when the minimum number of participants has not been reached (minimum 8 participants) or for reasons of force majeure. In case of cancellation due to failure to reach the minimum number of participants, those who have already paid the participation fee will be notified XXXX working days before the departure date and may request a refund of the entire amount paid without additional compensation, or alternatively decide to participate in a navigation on another date or with another organization if possible. If the navigation and the organized initiatives are canceled, due to force majeure or damage to the boat that prevent navigation in the predetermined period, the participant will be refunded the amount already paid and nothing more will be due. disembarkation and the same itineraries, may undergo variations due to adverse weather conditions, port availability, crew needs, therefore, subject to the final decision of whoever is in command of the boat.
OBLIGATIONS OF THE OWNER
the shipowner delivers the boat with its pertinences, in a seaworthy state, complete with accessories, equipment and safety equipment and documents for navigation, as well as with all that is necessary to make the aforementioned boat navigable and to allow it to serve the agreed use. At the time of delivery, once the boat has been examined and verified that it is equipped with all the appliances necessary to make it navigable and to allow it to serve the agreed use, he will sign a list, containing the inventory of the aforementioned appliances. . By signing the inventory, the lessee expressly confirms that he has received the boat in a good state of maintenance, seaworthy and suitable for the agreed use: it follows that he will no longer be able to make any objection and the owner will be released. from any responsibility in this regard. It is expressly understood between the parties that the detailed nautical charts provided by the shipowner exclusively cover the "recommended area" for navigation, reasonably taking into account the size of the boat and the distances, as well as the port and accommodation facilities present along the coasts.
The delivery of the boat takes place in the place, on the date and at the time specified in the contract. The time required to clarify the methods of use falls within the contract period.
The delivery obligation will become current and payable for the shipowner only after the lessee has paid the full amount of the lease / rental, paid the deposit and signed the inventory.
OBLIGATIONS OF THE LESSEE
the lessee is responsible for the boat, for all legal purposes, for the entire period indicated in this contract; in particular, he 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 on-board documents, as well as to fulfill all the obligations assumed with this contract during the operating period.
The lessee who will sail outside the recommended area must have detailed nautical charts, relating to the areas in which he intends to go.
The lessee also undertakes to return the boat on the date, place and time established, in the state of affairs in which he took possession of it, with the same characteristics and suitable for the same use, together with accessories, equipment, equipment and documents. received by the shipowner at the time of delivery. The lessee expressly agrees to:
- to use the boat exclusively for himself and for the crew and acknowledges that the transport of goods and passengers and any other kind of trade or economic activity is prohibited;
- respect the minimum number of people making up the crew, as well as the maximum number of people that can be transported;
- to use the boat exclusively within the competence of one's own qualification document or of the designated person;
- not to participate in regattas or nautical events of any other kind;
- do not ask to be towed or towed other units except in the event of an absolute emergency and to consult with the tenant company;
- respect the prohibitions of the port authority due to bad weather or danger at sea; in any case, do not sail with sea greater than force six and whenever the weather reports communicate or foresee short-term situations that are dangerous for navigation. The violation of this obligation will entail the assumption by the lessee of the responsibility for any damage suffered by the boat;
- anchor the boat in front of the coast in a safe position and to exercise continuous control;
- to steer the boat with sails suitable for the strength of the wind, so that they do not suffer damage;
- do not keep any animals on board;
- do not use any material that could damage it for the external and internal cleaning of the boat;
- switch off the engine with a boat inclination greater than 15º;
- contact the owner at least once during the rental period to report the position and in any case at any time of danger;
- with this contract, the lessee agrees to use the hired boat for recreational use only.
All expenses related to the use and consumption of the boat and in particular fuel, lubrication oil, water, electricity, port, customs, support and / or mooring fees, even in private ports, are charged to the lessee. , as well as any radiotelephone costs. The lessee undertakes to take care of the boat, to keep the accessories and the interior of the same in order and to return it clean and in excellent condition. The lessee also undertakes to carry out the usual maintenance work and will consequently be held responsible for any and all damage resulting from non-compliance with the aforementioned obligation.
The lessee is obliged to reimburse the shipowner all the sums that he has to pay to third parties for illicit acts committed by the aforementioned lessee, without the latter having to raise any objection whatsoever.
DAMAGES, BREAKDOWNS, ACCIDENTS, REPAIRS
in case of damage, breakdown or accident, the lessee must immediately notify the owner; he will be able to continue navigation 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 prior authorization from the owner. The costs necessary for the repairs are charged to the lessee and will be reimbursed only if the cause of the same is not attributable to him, in accordance with the provisions of this contract. In order to protect his rights, the shipowner may withhold the deposit until the aforementioned responsibility is fully ascertained, without therefore being required to pay anything by way of interest, damages or anything else.
If the boat, without the lessee's responsibility, suffers damage only to the engine, transmission, inverter, fixed and running rigging, sails, batteries, alternator, which jeopardizes its full use for more than 12 hours, excluding the first night after the failure , the owner will only be required to allow the lessee to recover the hours not enjoyed, thereby excluding any other form of compensation and / or reimbursement. This recovery will take place, at the owner's discretion, at the end of the operating period, or through the establishment of a credit note for subsequent leases. Financial reimbursement is expressly excluded. It should be noted that this guarantee is due only in the event that the damage occurs in the communicated stretch of sea and consequently that this guarantee is excluded whenever the damage occurs in a different stretch of sea.
No repairs and assistance can be requested by the tenant outside the time slot that goes from 8.00 to 20.00. It is understood that the costs for repairs and assistance not chargeable to the owner's responsibility, according to the provisions of this contract, must be paid by the lessee at the normal hourly rates in force on the market, plus materials. It is reiterated that they do not give the right to the aforementioned guarantee - or to the recovery of the hours of rental not enjoyed, without prejudice to the exclusion of any right of the tenant to compensation and / or reimbursement, the failures to: depth sounder, log, refrigerator, autoclave , dinghy, outboard, electric and manual anchor winch, stereo, and any other equipment or equipment not included in the second paragraph of this article.
Any requests for reimbursement for the cases accepted must be made by the lessee directly to the owner at the time of returning the boat and in any case within the same day. The useless starting of that term or the eventual denunciation to a person other than the owner will result in the forfeiture of the reimbursement action for the lessee.
the boat is delivered insured:
- to) with a kasko policy, this policy has a deductible which is covered by the tenant's deposit;
- b) with a third party liability policy mandatory pursuant to the laws in force, for damage unintentionally caused to third parties by navigation or due to sinking; this insurance does not cover: the loss or damage to the property of the lessee and the transported persons; all damages and compensation due provided for in art. 8. In any case, the lessee is responsible for damages of any kind that cannot be compensated by the insurer due to the fact or fault of the lessee, as well as the deductible.
8) RETURN, OBSERVANCE OF TERMS
the lessee, if the end of the lease / rental is expected in the morning, undertakes to return to the return port by 6.00 pm of the day prior to that scheduled for delivery, and to return the boat on time on the date, time and port set , having already proceeded to extinguish any and all obligations, inherent to the boat, contracted during the period of management. The lessee is liable for failure to return it to the owner, even in the event of unforeseeable circumstances, force majeure and damage. The cruise itinerary must therefore be planned in such a way as to allow the return of the boat within the established time, possibly anticipating the return in case of adverse weather forecasts. For the non-fulfillment of this obligation, the lessee will be required to pay the owner a sum of money equal to the weekly rental price of the same boat in that period, in addition to compensating all economic damages caused by the delay itself, such as costs of food and ground accommodation of the next tenant and his crew.
For the purposes of the aforementioned, the delivery of the boat to a port other than the delivery one is also considered delay. In this case, all costs resulting from the transfer of the boat to the port of delivery are also borne by the lessee.
failure to pay the deposit determines the legal termination of this contract and the shipowner has the right to withhold as a penalty the sums paid to him by the lessee for the lease / charter. The deposit will be returned after having ascertained the non-existence of damages, contractual violations and obligations contracted during navigation. The limitation of the lessee's economic liability to the amount of the deposit only concerns material damage caused to the boat, while for other and different damage the owner has the full right to request the lessee, who will respond with all his assets, compensation for the full amount of the damage suffered.
the skipper is the commander of the boat, responsible for it and for the crew for everything related to navigation, its management, mooring maneuvers, and anything else related to the duties of a good and experienced commander; the contract must be signed by the skipper; in the event that he does not coincide with the person of the lessee, he will have to sign this contract together with the lessee expressly as skipper. The owner has the right to ask the skipper for a boat license; if the latter has not said license, or if it is insufficient, or if his knowledge and skills are not, at the sole discretion of the owner, considered sufficient for the type of boat and for the safety of the people on board, the owner, if the lessee does not find another suitable skipper, he may refuse delivery of the boat, retaining the 100% of the rate and the contract must be considered terminated by law. In the case of a skipper found by the shipowner at the request of the lessee, it is expressly declared that the latter only provides contact between the lessee and the skipper, and that the owner is therefore entirely unrelated to the work performance relationship between the latter. ; according to customs and traditions, the skipper's food is at the expense of the tenant. In the aforementioned case in which the lessee does not coincide with the skipper, the latter will respond directly to the owner for any damage or failures relating to his specific duties specified at the beginning of this article, remaining the responsibility of the lessee .
the lessee and / or the skipper (for what concerns him) are directly responsible for any violation of this contract. The same undertake, jointly with each other, to indemnify the owner from any request made by anyone against him, for any event that occurred during the use of the boat or as a result of it. In case of seizure or detention of the boat for reasons attributable to the lessee, the latter must pay the owner an obligatory contractual indemnity corresponding to the rental rates in force, for the period of the seizure and / or detention.
REFERENCE TO THE LAW RULES
The relationship between the parties present here relates only to the leasing / rental of the boat and is therefore governed, although not expressly established in this contract, by the regulatory provisions for the rental of movable property by the Civil Code and the Navigation Code. .
EXCLUSIVITY AND VALIDITY OF THIS AGREEMENT
this contract is the only valid one to be able to drive a boat of the Franmarine srl Company; any other contract signed by the lessee for the management of the same boat, prepared by brokers or agencies, is null and void and in any case unenforceable to the Franmarine srl company. Any agreements in derogation from this convention require, under penalty of nullity, the written form; the owner gives the information according to science and knowledge, but without guarantee.
DISPUTES AND EXCLUSIVE DEROGATION FROM THE JURISDICTION
for any and all disputes relating to this contract, the Larino Court will be the exclusive forum.
the parties mutually acknowledge that these general terms and conditions must be understood as integrated with the terms, referred to by the asterisks, indicated on the first page, to the content of which express reference is made and full reference is made.
FORMATION OF THE CONTRACT
the present parties declare that they have carefully examined this contract and that each clause has been specifically agreed.
the Italian version of this contract will prevail over any other non-Italian language versions.
Pursuant to articles 1341 and 1342 CC, IV book, II title, II head, I section, the undersigned expressly declares to have read and approved the clauses referred to in points 2) Transfer of the contract, 3) Events in the contract , 4) Obligations of the owner, 5) Obligations of the lessee, 6) Damages, breakdowns, accidents, repairs, 7) Insurance, 8) Return, observance of the terms, 9) Deposit, 10) Skipper, 14) Disputes and exclusive exemption to the competent court, 17) Translations.
Franmarine Srl is attentive to the aspects concerning the privacy of the users of its site and to the observance of Legislative Decree 30 June 2003 n. 196 "Code regarding the protection of personal data" which repealed the previous Law no. 675/96.
Through this information it intends to describe the management methods of its website with reference to the processing of personal data of those who access it. The Data Controller is in the person of the legal representative of the homonymous company. The Company acquires only the personal data strictly necessary for the provision of the services made available on its site. The treatments connected to the consultation of the site take place at the offices of Franmarine Srl.
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