1. PARTIES TO THE CONTRACT

In this contract Riccardo, as lessor, will be referred to as "shipowner"; the customer, holder of the contract, will be called "lessee"; any authorized driver, other than the lessee, will be called "skipper".

2. ASSIGNMENT OF THE CONTRACT

The lessee is not permitted to transfer the aforementioned vessel or the rights deriving from this contract to third parties for use.

3. EVENTS OF THE CONTRACT

The charterer can withdraw from the contract but loses the right to the refund of the sums paid by him to the shipowner as a deposit confirming the exclusive booking; the lessee, however, loses the right to withdraw from the contract from the _____ day before the start of the rental, and from that moment the owner, in the event of a subsequent declaration by the lessee that he cannot use the vessel, will always be entitled to 100% of the rate. In case of interruption of the operation of the vessel at the request or cause of the charterer, he will not be entitled to any refund; non-use of the boat during the scheduled period does not entitle the renter to any refund. The owner who, due to damage or any other reason beyond his control, is unable to deliver the contracted boat, will however have the possibility of delivering another with similar characteristics within three days, with the obligation to reimburse the charterer only for the daily fee if any. not enjoyed. If the delay continues beyond the aforementioned period, the lessee will have the right to request termination of the contract and the related reimbursement of any fee paid plus interest at the legal rate, but without the right to any other form of compensation.

4. OWNER'S OBLIGATIONS

The owner delivers the vessel with its relative appurtenances, in a state of navigability, complete with accessories, equipment and safety equipment and documents for navigation, as well as with everything that is necessary to make the aforementioned vessel navigable and to allow it to serve the agreed purpose. At the time of delivery, the lessee, once having examined the vessel and having ascertained that it is equipped with all the appliances necessary to make it navigable and to allow it to serve the agreed use, will sign a list containing the inventory of the aforementioned appliances . By signing the inventory , the lessee expressly confirms that he has received the vessel in a good state of maintenance, in a state of navigability and suitable for the agreed use: it follows that he will no longer be able to raise any further objections 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 owner 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 at the place, date and time foreseen in the contract. The time necessary for clarification of the methods of use falls within the contract period. The delivery obligation will become current and payable for the shipowner only after the charterer has paid the entire rental fee, paid the deposit and signed the inventory .

5. OBLIGATIONS OF THE TENANT

The charterer is responsible for the vessel, for all legal purposes, for the entire period indicated in this contract; he, in particular, is required to use the vessel with particular prudence, skill and 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 management period. The charterer who sails outside the recommended area must obtain detailed nautical charts relating to the areas he intends to travel to. The lessee also undertakes to return the boat on the established date, place and time, in the state in which he took possession of it, with the same characteristics and suitable for the same use, together with the accessories, equipment, supplies and documents received by the owner at the time of delivery. The charterer expressly undertakes to: 1) use the boat exclusively for himself and the crew and acknowledges that the transport of goods and passengers and any other type of trade or economic activity is prohibited; 2) respect the minimum number of people making up the crew, as well as the maximum number of people that can be transported; 3) use the boat exclusively within the scope of competence of your own qualification document or that of the designated person; 4) do not participate in regattas or other nautical events; 5) do not ask to be towed or tow other units unless in an absolute emergency; 6) respect the prohibitions of the port authority due to bad weather or danger at sea; in any case, do not sail in seas higher than force six and whenever weather forecasts announce or predict weather situations that are dangerous for navigation. Violation of this obligation will result in the charterer assuming responsibility for any damage suffered by the vessel; 7) anchor the vessel in front of the coast in a safe position and exercise continuous control; 8) do not keep any animals on board; 9) do not use any material that could damage it for the external and internal cleaning of the boat; 10) turn off the engine with the boat tilting more than 15%; 11) with this contract the lessee undertakes to use the rented vessel for exclusive pleasure use. All expenses relating to the use and consumption of the boat are the responsibility of the lessee and in particular fuel, lubricating oil, water, electricity, port dues, customs, support and/or mooring costs, even in private ports. , as well as any radiotelephone expenses. The renter undertakes to take care of the boat, to keep the accessories and the interior 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 liable for any damage resulting from failure to comply with the aforementioned obligation. The charterer may only assume on his own, without using the owner's name, any obligations relating to the vessel that he has to contract with third parties, with the consequence that those obligations must be exclusively fulfilled by the charterer. The charterer is required to reimburse the shipowner for all sums that the latter has to pay to third parties for illicit actions committed by the aforementioned charterer, without the latter having to raise any objection whatsoever.

6. DAMAGES, FAILURES, ACCIDENTS, REPAIRS

In the event of damage, damage or accident, the charterer must immediately notify the owner; he will be able to continue navigation only if this does not lead to worsening of the damage or danger for people and the vessel. You will not be able to carry out any repairs without the owner's prior authorisation. The costs necessary for repairs are the responsibility of the tenant and will be reimbursed only if the cause of the repairs is not attributable to him, as provided in this contract. To protect his rights, the owner may withhold the deposit until the aforementioned liability is fully ascertained, without therefore being required to pay anything by way of interest, damages or anything else. If the boat, without responsibility of the charterer, suffers damage exclusively to the engine, transmission, inverter, standing and running rigging, batteries, alternator, which compromises its full use for more than 12 hours, the owner will only be required to allow the charterer to recover the unused hours, 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 charter period, or through the establishment of a credit note for subsequent rentals. Financial reimbursement is expressly excluded. It is specified that this guarantee is due only in the case in which the damage occurs in the sea area between _______ and consequently that this guarantee is excluded whenever the damage occurs in a different sea area. No repairs and assistance can be requested from the tenant outside the time slot ranging from ____ .00 to ____.00 . It is understood that the costs for repairs and assistance that cannot be charged to the owner, as provided in this contract, must be paid by the charterer at the normal hourly rates in force on the market, plus materials. It is reiterated that failures to: depth sounder, log, refrigerator, autoclave do not give the right to the aforementioned guarantee - or to the recovery of unused rental hours, without prejudice to the exclusion of any right of the tenant to compensation and/or reimbursement. , dinghy, outboard, electric or manual anchor winch, stereo, and any other equipment or equipment not included in the second paragraph of this article. Any refund requests for the admitted cases must be made by the charterer directly to the owner upon returning the vessel and in any case within the same day. The unnecessary expiration of that deadline or any notification to a person other than the owner will result in the charterer being forfeited from the reimbursement action.

7. INSURANCE

The boat is delivered insured: a) with a comprehensive insurance policy, for the Mediterranean, up to total loss; said policy has an excess which is covered by the tenant's deposit; b) with a civil liability policy towards third parties mandatory in accordance with the laws in force, for damage involuntarily caused to third parties by navigation or by the vessel being left in the water; this insurance does not cover: loss or damage to the tenant's and passengers' belongings; all damages and compensation due provided for in the art. 8. In any case, damages of any kind which cannot be compensated by the insurer due to the fault or fault of the tenant, as well as the deductible, are the responsibility of the tenant.

8. REFUND, OBSERVANCE OF TERMS

The lessee undertakes to return to the port of delivery by 6.00 pm on the day scheduled for delivery, and to return the boat punctually on the pre-established date, time and port, having already taken steps to extinguish any and all obligations relating to the boat, contracted during the operating period. The charterer is responsible for failure to return it to the owner, even in the event of fortuitous circumstances, force majeure and damage. The cruise itinerary must therefore be planned in such a way as to allow the return of the boat in the established time, possibly anticipating the return in the event of adverse weather forecasts. For failure to fulfill this obligation, the charterer will be required to pay the owner a sum of money equal to the daily rental price of the same vessel in that period, as well as compensating all economic damages caused by the delay itself. For the purposes of the above, delivery of the boat to a port other than the delivery port is also considered a delay. In this case, all costs resulting from the transfer of the boat to the delivery port are also borne by the charterer.

9. DEPOSIT

Failure to pay the deposit determines the legal termination of this contract and the owner has the right to retain as a penalty the sums paid to him by the charterer for the rental. The deposit will be returned after having verified the non-existence of damages, contractual violations and obligations contracted during navigation. The limitation of the charterer's economic responsibility to the amount of the deposit only concerns material damage caused to the vessel, while for other and different damages the owner has the full right to request from the charterer, who will be liable with all his assets, compensation for the full amount of the damages suffered.

10. BREACH OF CONTRACT

The tenant is directly responsible for any violation of this contract. The same undertakes to indemnify the owner from any request made against him by anyone, for any event that occurred during the use of the boat or as a consequence of the same. In the event of seizure or detention of the boat for reasons attributable to the lessee, the latter must pay the owner a mandatory contractual indemnity corresponding to the rental rates in force, for the period of seizure and/or detention.

11. REFERENCE TO THE LAW

The relationship between the parties present here has as its sole object the rental of the vessel and is therefore regulated, although not expressly established in this contract, by the regulatory provisions provided for the rental of movable property by the Civil Code and the Navigation Code. 

12. EXCLUSIVITY AND VALIDITY OF THIS AGREEMENT

This contract is the only one valid for managing the owner's vessel; any other contract signed by the charterer for the management of the same vessel, prepared by brokers or agencies, is void and in any case unenforceable against the owner. The possible nullity of individual provisions of this contract does not imply its total nullity. Any agreements derogating from this agreement require written form under penalty of nullity; the owner gives information according to science and knowledge, but without guarantee.

13. DISPUTES AND EXCLUSIVE EXCEPTION TO THE COMPETENT COURT

For any and all disputes relating to this contract, the Court of Livorno will be the exclusive forum.

14. FORMATION OF THE CONTRACT

The present parties declare that they have carefully examined this contract and that each clause has been specifically agreed upon.

15. TRANSLATIONS

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 chapter, I section, the undersigned expressly declares to have read and approved the clauses referred to in points 2. Assignment of the contract, 3. Events of the contract , 4. Obligations of the shipowner, 5. Obligations of the charterer, 6. Damages, breakdowns, accidents, repairs, 7. Insurance, 8. Restitution, compliance with the terms, 9. Deposit, 13. Disputes and exclusive derogation from the competent court, 15. Translations.