Art. 1 – Object of the contract
The object of this contract is the lease of the pleasure craft (vessel) indicated in the contract. The lessor undertakes to let the lessee enjoy the pleasure craft at his disposal, for the given period of time and against payment of the fixed fee. The unit passes into the autonomous enjoyment of the lessee who exercises navigation with it and assumes its responsibility and risks.
Art. 2 – Fee
The rental fee includes:
1. The rental of the vessel for the hours and days agreed upon in the “Rental Contract.”
2. The Liability Insurance.
Excluded from the rental cost are: fuel, cleaning on return and anything else not expressly provided for.
The ancillary cost for any washing is set at € 10.00 (ten/00) and will be applied if the boat is excessively dirty, at the sole discretion of the Lessor.
Art. 3 – Insurance
It is that listed in Art. 2; insures damage caused to third parties within the maximum amount and under the conditions specified in the policy.
The vessel insurance policy does not cover theft, in whole or in part, of the vessel, nor does it cover fire.
Personal belongings, clothing, luggage or other items carried by the occupants are not covered by the insurance; the insurance is void in the event of driving while intoxicated, or under the influence of drugs, or if the Hirer had given false information about his identity or the validity of his license where applicable.
The boat is not insured under a kasko policy or other similar formulas, therefore damages caused to the same shall be fully charged to the Lessee according to the estimate made by the owner, or by an Expert if the Lessee disputes the estimate made.
The Lessee declares that he/she is familiar with the regulations concerning the insurance of vessels in Italy and the rules of the Navigation Code. He/she undertakes not to engage in conduct and facts that may result in the cancellation or inapplicability of the insurance protection guaranteed by the policy referred to in articles 2 and 3, which he/she also declares to have read in the booking conditions to which he/she adheres.
For all other details, please refer to the policy document of the vessel, which the lessee declares that he/she is aware of, having read it on the certificate and seal.
Art. 4 – Suitability for the conduction of the unit
The conductor declares that he/she is in good health, possesses the psycho-physical requirements suitable for the conduction of vessels in general, and that he/she has no contraindications that could compromise the use of boats. He also declares that he is equipped with a nautical license or, in the absence of the same and compatibly with the type of vessel chosen, that he is capable of driving it; to this end he declares that he has received from the lessor the main technical information regarding the use of the vessel and any further explanation regarding the operation of the entrusted nautical means as well as the correct use of the distress signals and equipment on board.
If necessary, it is the tenant’s right to entrust a person he trusts with the driving of the vessel, always maintaining personal responsibility for navigation and any relative and consequent obligation; this choice is subject to the prior approval of the lessor who, in the absence of acceptance, may freely withdraw from the contract without notice and without returning any advance or consideration.
Art. 5 – Delivery and redelivery
The delivery and return of the leased vessel shall take place at the Tavernola port located in Tavernola in via per Cernobbio sn. (in front of Q8 gas station).
The rental period may begin and end on any day of the week, with agreed and contracted dates and times. Outside the aforementioned times and days, an incidental sum will be charged for pick-up and drop-off, the amount of which is redefined between the Lessor and the Lessee.
In the event that the vessel is rented with a request to transfer the same to another port or landing place, the responsibility and risks arising from the transfer will be the full responsibility of the lessee.
Art. 6 – Delays
If, for any reason, the Lessee delays the return of the vessel, he shall be obliged to give immediate notice by telephone to the Lessor who may, where possible, authorize the delayed delivery indicating the terms and conditions. Failing such notification, the Lessor is authorized, after twenty-four hours from the agreed time of delivery, to report the theft to the competent authorities.
In any case of delayed delivery of the vessel not agreed upon, the Lessee shall be charged an amount equal to:
1. From 1 to 15 minutes, no extra charge;
2. From 15 to 30 minutes, € 15.00 (fifteen/00);
3. From 30 to 60 minutes, € 40.00 (forty/00);
4. From 1 to 2 hours, € 100.00 (one hundred/00);
5. From 2 to 4 hours, € 160.00 (one hundred sixty/00);
6. From 4 to 12 hours, € 250.00 (two hundred and fifty/00);
7. Beyond 12 hours of delay, a daily rate of € 400.00 (four hundred and fifty/00) will be charged.
Art. 7 – Off-site redelivery
Should the vessel not be redelivered to the location agreed upon in the Lease Contract, the costs of taking delivery of the vessel, sea or land transportation to the agreed location and days in excess of the rental period shall be charged to the Lessee.
In the event that the vessel should break down during the rental period, the Lessee is obligated to promptly notify the Lessor and wait for the repair of the vessel if possible in a short time not exceeding two hours. Under no circumstances is it permitted to leave the vessel unattended at a wharf or other landing point and return by other means. Failure to do so will result in the cost of retrieving the vessel being charged in full to the Lessee.
Art. 8. Condition of the Vessel
The Lessee declares that he/she has inspected, checked and inspected the vessel, its equipment and accessories and found it to be in good condition, free from obvious defects, as well as functioning, as well as corresponding in the Checklist inventory to the contract documents. The vessel must be returned undamaged, with lubricant to the level and in perfect working order and cleanliness inside and out. Failure to do so will result in the cost of labor and materials to restore it to the required condition being charged to the Lessee.
Art. 9. Damage and Loss of Endowments
In case of damage to or loss of all or part of the equipment on board, the Lessee will be charged the cost of repairs or the equivalent value of the equipment at replacement value shown on the printout attached to the contract documents.
Art. 10 – Fuel
The amount of fuel present at the time of the vessel’s pickup shall be as stated in the Lease Contract, generally full, unless otherwise agreed upon in the contract. Upon return of the vessel, there shall be a charge for each liter of fuel missing, the fee stipulated in the Lease Contract.
Art. 11 – Animals on board
It is forbidden to have pets on board the vessel; in this case, the penalty applied will be € 100.00 (one hundred/00) for cleaning, thorough inspection and possible disinfestation, unless further damage.
Art. 12 – Mechanical breakdowns
Expenses related to the repair of mechanical failures not attributable to the Lessee, and advanced by them to the Lessor, will be reimbursed upon return upon presentation of a tax receipt accompanied by any parts replaced. Reimbursement will not be made unless said parts and receipts are exhibited upon the return of the vessel, nor if the expense of repair had not been communicated to the Lessor in advance.
Art. 13 – Use of the vessel
The vessel, throughout the rental period, shall be used with the utmost care and diligence; in particular:
1. It shall not be used and driven in an overloaded condition and with more people on board than authorized by the boat’s approval and on the Lease Contract;
2. It shall not be allowed to depart from the coast beyond six nautical miles;
3. May not be conducted outside national waters;
4. Shall not be operated by persons in a state of fatigue, drunkenness, even temporary disability and under the influence of drugs;
5. May not be operated by persons under the age of 18 and/or over the age of 80;
6. May not be used for illegal purposes;
7. May not be used to tow other vessels or boats;
8. May not be used for races and competitions of any kind;
9. Shall not be used at speeds higher than those permitted by Port Authority regulations and, in particular, at speeds above 5000 RpM.
10. Shall not be used for commercial purposes, such as, for example, transportation of goods or people, subleasing and contract assignment;
11. It may not be used outside the limits of the vessel’s qualification, including in relation to the safety equipment on board or the qualification of the master of the unit as resulting from the nautical license;
12. May not be used to engage in activities dangerous to third parties transported and bathers;
13. May not be used in unsafe conditions, such as navigation prohibited by the authorities, bad weather or dangerous lake conditions; in such cases it is recommended not to go out into the open sea and to return immediately
to the nearest port or sufficiently safe place, notifying the lessor immediately to agree on how to return;
14. May not leave the pleasure craft unattended for any reason and under any circumstances;
15. May not use for cleaning the unit, exterior or interior, any detergent that may damage its materials or pollute the lake;
Any civil, criminal and administrative liability or obligation arising from the use of the unit in violation of the contract or the rules of navigation, as well as the ordinary diligence and required by the specific circumstances, shall be borne entirely by the Lessee.
Art. 14 – Criminal and civil liability
The Lessee shall be directly responsible for any violation of the laws regulating Navigation.
In any case, in case of theft of the vessel, all or part of the equipment, fire or accident, the Lessee shall immediately give verbal notice by telephone to the Lessor and no later than 3 hours by email or whatsapp message. In the cases of the damage caused to property of third parties or suffered by third parties, the Lessee shall complete in all its parts the necessary documents to activate the procedures governing claims at sea. In all other cases, the Lessee is obliged to request the intervention of the Maritime Police Authorities, take care that the accident reports or reports include generalities and addresses of the persons involved, witnesses, and the generalities/characteristics of the vessels or boats. It will be the Lessee’s responsibility to obtain copies of the Police Authority reports. Moreover, the Lessee shall not accept liability or settle disputes, nor shall the Lessor be bound in this regard; in any case, the latter shall not be liable for damages occurring to the Lessee and/or to persons transported or not, third parties and nonthird parties with respect to the Lessee.
Art. 15 – Vessel and Navigation Damage
The Lessee shall indemnify the Lessor for any damage suffered by the vessel, from any event, connected and unconnected with the use which did not result from the Lessee’s fault. The Lessor may withhold from the security deposit the expenses to be incurred for repairs.
The Lessee further authorizes the Lessor to retain the security deposit, if any, for the hypothesis of damage to the Vessel caused by third parties and with third party liability, until such time as any compensation is paid by the Insurance. The security deposit, less what is not indemnified by the Insurance and after making the other deductions provided for in the General Conditions of Lease as applicable, shall be returned to the Lessee, without interest, upon indemnification by the Insurance. In the event of violation of the rules governing navigation and the provisions hereof, the Lessee shall be liable for the full amount of the damage and loss.
Art. 16 – Charges for contingent expenses and hidden damages
The Lessor shall have the right to charge the Lessee for any amount that may be required by the competent Authorities for fines, administrative penalties, unpaid, etc., relative to the rental period. Within the tenth day after the return of the watercraft, the Lessor shall also have the right to demand from the Lessee any sums due for hidden damages not found at the time of the return of the watercraft.
The Lessee shall reimburse the Lessor for any and all surviving expenses and/or hidden damages found, upon the Lessor’s request even if the security deposit, if any, has already been returned.
Art. 17 – Damage to the Lessee and third parties
The Lessor shall not be liable for damage to property or persons arising to the Lessee or third parties in connection with the use of the watercraft, nor for loss or inconvenience from mechanical failure nor for any other reason or fact, for which the Lessee retains full responsibility.
Art. 18 – Impossibility in the use of the vessel.
Without prejudice to the cases provided for in Article 20 below, no reimbursement of expenses, restitution or reduction of the amount provided for in the Rental Contract shall be due by the Lessor to the Lessee for the inability, from whatever cause determined, to use the vessel during the rental period.
Art. 19 – Adverse Weather Conditions
In case of adverse weather conditions, if the Lessee has already paid a deposit for the reservation of the boat, the rental will be moved to the first available date or refunded in full at the Lessee’s option. If, in case of adverse weather conditions, the Lessee decides to anticipate the return within the half-day, he/she will be reimbursed for an amount equal to 50% of the amount resulting from the difference between the full-day price and the half-day price.
Art. 20 – Vessel Custody
The Lessee agrees during the stops not to leave the vessel unattended.
Art. 21 – Exclusive Court
For any dispute arising or otherwise deriving from this contract, the court of Como with territorial jurisdiction shall be competent for value and subject matter according to the law.
Art. 22 – Protection of privacy
With reference to the provisions set forth in Legislative Decree No. 196 of 30/06/2003 on the protection of privacy, the parties mutually acknowledge that the personal data, compulsorily provided for the stipulation of this Lease Contract and Lease Conditions, are subject to computer and/or manual processing and may be used exclusively for the fulfillment of contractual obligations, administrative management of the lease relationship, relations with the judicial authorities and for legal requirements relating to civil, tax and accounting regulations.