Europe Sail Yachting & Charter S.r.l. charters to the client (hereinafter referred to as the “Charterer”) the vessel indicated in the summary sheet attached to these “general conditions”, which forms an integral and substantial part thereof, under the following conditions:

1) Payment terms. 50% of the total amount is due upon signing this contract, and the remaining 50% at least 30 days before the embarkation date. Any agreed extras and additional services must be settled on-site before departure. Failure to comply with these conditions entitles the company to cancel the booking, even if already confirmed.

2) Passenger list. A passenger list will be sent together with the contract. It is not permitted to embark persons other than those listed. Changes may be made before embarkation, provided they are communicated to Europe Sail Yachting & Charter in advance.

3) Command of the vessel. The skipper is the captain of the vessel, responsible for it and for the crew in all matters relating to navigation, handling, mooring manoeuvres, and all other duties of a competent and experienced captain. The contract must be signed by the skipper; if the skipper is not the same person as the Charterer, they must both sign the contract, with the skipper signing expressly in that capacity. The Owner has the right to request the skipper’s boating licence. If the skipper does not hold such a licence, or if it is insufficient, or if their knowledge and skills are deemed inadequate — at the Owner’s sole and unquestionable judgement — for the type of vessel and for the safety of those on board, the Owner may refuse to hand over the vessel if the Charterer fails to provide a suitable alternative skipper, retaining 100% of the charter fee, and the contract shall be considered terminated by operation of law. If a skipper is found by the Owner at the Charterer’s request, it is expressly stated that the Owner merely facilitates contact between the Charterer and the skipper, and is therefore entirely uninvolved in the service relationship between them. In accordance with custom and practice, the skipper’s meals are at the Charterer’s expense. In the aforementioned case where the Charterer and the skipper are different persons, the skipper shall be directly liable to the Owner for any damage or failures relating to their specific duties as outlined at the beginning of this article, while all remaining responsibilities remain with the Charterer.

4) Duration. The charter period is calculated by the number of nights spent on board.

5) Berth. The berth at Marina di Portisco is included in the price for the first night (Saturday) and the last night (Friday) of the charter only.

6) Security deposit. The Charterer shall pay the Owner the agreed security deposit at the time of embarkation. This deposit will be refunded upon return of the vessel, provided it is not required as compensation pursuant to the terms of this contract. The deposit amount is specified in the contract and must be paid by credit card at the end of check-in. The deposit will be returned at the end of the cruise, following inspection of the vessel’s condition, without interest. If the damage cannot be immediately quantified due to its nature, the deposit will be retained until the exact amount is determined and returned after deducting the cost of the damage. If, for any reason attributable to the Charterer, the vessel inspection cannot be carried out at the end of the cruise, the deposit will be retained until such inspection takes place. It is understood that — following the vessel inspection — the deposit will be retained in an amount equal to the material damage caused by the Charterer to the vessel. The limitation of the Charterer’s financial liability to the deposit amount applies exclusively to material damage to the vessel; for all other types of damage, the Owner retains the full right to claim compensation from the Charterer, who shall be liable with their entire personal assets (including, for example, loss of earnings due to vessel downtime).

7) Insurance. The vessel is delivered with the following insurance cover: a) A Kasko (hull) policy, valid for the Mediterranean, up to total loss. This policy carries an excess which is covered by the Charterer’s security deposit. b) A third-party liability policy, mandatory under applicable law, covering damage involuntarily caused to third parties through the navigation or mooring of the vessel. This insurance does not cover loss or damage to the personal belongings of the Charterer or passengers. In any case, all damages of any kind not indemnifiable by the insurer due to the Charterer’s actions or negligence, as well as the policy excess, remain the Charterer’s responsibility.

8) Damage, Breakdowns, Incidents, Repairs. In the event of damage, breakdown or incident, the Charterer must immediately notify the Owner. Navigation may continue only if doing so will not worsen the damage or endanger persons or the vessel. No repairs may be carried out without the Owner’s prior authorisation. Repair costs are the Charterer’s responsibility and will only be reimbursed if the cause is not attributable to the Charterer under the terms of this contract. To protect its rights, the Owner may retain the security deposit until full liability has been established, without being required to pay any interest, damages or other compensation. If the vessel, through no fault of the Charterer, suffers a breakdown exclusively to the engine, transmission, gearbox, standing or running rigging, sails, batteries or alternator that prevents full use for more than 12 hours (excluding the first night after the breakdown), the Owner shall only be required to allow the Charterer to recover the unused hours, with all other forms of compensation and/or reimbursement expressly excluded. Such recovery will take place, at the Owner’s discretion, at the end of the charter period or through a credit note for future charters. Cash reimbursement is expressly excluded. No repair or assistance may be demanded by the Charterer outside the hours of 09:00 to 20:00. It is understood that repair and assistance costs not attributable to the Owner — as provided for in this contract — must be paid by the Charterer at standard market labour rates plus materials. It is reiterated that the following breakdowns do not entitle the Charterer to the recovery of unused charter hours (and, for the avoidance of doubt, no right to compensation and/or reimbursement exists in any case): echo sounder, log, refrigerator, pressure water pump, tender, outboard engine, electric or manual anchor windlass, stereo system, and any other equipment or fitting not covered by the second paragraph of this article. Any reimbursement requests for the cases where it is permitted must be made by the Charterer directly to the Owner at the time of vessel return, and in any case no later than the same day. Failure to meet this deadline, or reporting to a person other than the Owner, will result in the Charterer forfeiting the right to claim reimbursement.

9) Check-in / Check-out. At the time of delivery, the Charterer is required to carefully inspect the equipment and the condition of the hull. This is carried out with an Owner’s representative on-site, who completes a check-in form in duplicate. The form is signed by both parties and compared with the condition of the equipment and hull at the end of the cruise (check-out). The vessel will be delivered with a full fuel tank and must be returned with a full fuel tank. Any missing items or damage found at the time of return must be remedied by the Charterer. The Charterer is invited, within one hour of leaving the marina, to report by mobile phone to the Owner any missing items or damage not identified during check-in (including the underwater hull inspection).

10) Delivery. The Owner undertakes to deliver the vessel at the time, date and port specified in the contract, fully rigged and equipped in a manner appropriate to its size, type and accommodation, and fitted with all necessary equipment — in reliable condition, clean and ready for use.

11) Delayed delivery. If the Owner is unable to deliver the vessel on the agreed date, the Charterer may request recovery of the unused hours, with all other forms of compensation and/or reimbursement expressly excluded. Such recovery will take place, at the Owner’s discretion, at the end of the charter period or through a credit note for future charters. Cash reimbursement is expressly excluded. If any condition of this contract renders the vessel unfit for delivery, the Owner may substitute it with a vessel of equivalent characteristics. In the event of serious damage to the vessel that compromises its use or the safety of those on board, the Owner may substitute it with a vessel of equivalent or superior characteristics without prior notice to the Charterer.

12) Non-delivery. If the delay extends beyond 48 hours, the Charterer may either cancel the cruise and claim a full refund of the charter fee without entitlement to further compensation, or claim a proportionate refund for the unused portion of the charter.

13) Cancellation. In the event of cancellation of the cruise, the following penalties apply:

  • Up to 30 days before departure: 50% of the total charter fee
  • Less than 30 days before departure: 100% of the total charter fee

14) Bad weather. The Owner accepts no liability for delays in departure or interruptions to the cruise caused by adverse weather conditions or orders from the Maritime Authority. In such cases, the contract remains in effect even if the vessel is unable to put to sea for several days.

15) Maintenance and operating costs. The Charterer undertakes to take proper care of the vessel, keep its accessories and interiors in order, and return it clean and in excellent condition. The Charterer is also responsible for all costs related to the use and consumption of the vessel during the charter period, including in particular: crew provisioning, fuel, lubricating oil, water, electricity, port dues, customs fees, anchoring and mooring fees including at private marinas, costs arising from the use of onboard radio and telephone equipment, and any fines or administrative penalties.

16) Communications. The Charterer must keep the Owner regularly informed, by phone or other previously agreed means, of the vessel’s status and position. In the event of an incident, damage or breakdown, the Charterer must immediately notify the Owner. Any repairs must be agreed in advance and authorised by the Owner in writing.

17) Navigation limits. The Charterer must restrict navigation to the territorial waters specified in the contract.

18) Permitted use of the chartered vessel. The Charterer and/or the Captain must use the vessel exclusively for “leisure” purposes, in accordance with its technical specifications and with due care and diligence. Furthermore, the Charterer: a) may not sub-charter the vessel; b) may not carry passengers or goods for reward, nor engage in any form of commerce; c) must observe the maximum number of persons for which the vessel is certified; d) may not participate in regattas or nautical competitions of any kind; e) may not keep any animals on board; f) may not request or provide towing except in cases of absolute emergency; g) must comply with Italian law or the law of the host country, customs regulations, and the rules and regulations of port, customs and health authorities, as well as fishing regulations including underwater fishing; h) must moor the vessel in a safe position off the coast and must never leave it unattended; i) may not leave port or an anchorage when competent authorities prohibit navigation, or when sea and weather conditions exceed or are forecast to exceed Force 5, and/or when the condition of the vessel or crew is such as to compromise the safety of the vessel and its passengers; j) may not keep weapons or narcotic substances on board, even for personal use; k) smoking on board is prohibited for the safety of passengers and the vessel; l) may not navigate to ports, marinas or areas that are dangerous due to war, hostilities, military operations, revolutions or civil unrest; m) may not navigate beyond the Straits of the Mediterranean; n) in the event of the vessel being seized for any reason, shall be required to pay the Owner a mandatory contractual indemnity equal to twice the daily charter rate for each day (or part thereof) until the vessel is returned, without prejudice to the Owner’s right to claim proven additional damages; o) in the event of confiscation due to the Charterer’s fault, shall be required to reimburse the Owner the vessel’s current second-hand market value within thirty days.

19) Return of the vessel. The vessel must return to port on Friday evening by 17:00, after refuelling. Disembarkation takes place the following morning at 09:00, unless otherwise agreed in advance with the Owner. If the vessel is not returned within the agreed time, the Charterer shall pay the Owner a penalty of €100 (one hundred euros) per hour of delay.

20) Failure to return the vessel. If for any reason the Charterer is unable to return the vessel to the designated port, they must, at their own expense and risk, arrange for its safekeeping until it can be transferred to the agreed port. The vessel will be considered “returned” on the day and at the time of its arrival at the agreed port; any days of delay (or fractions thereof) will be counted accordingly.

21) Early return. If the Charterer decides to end the cruise early and returns the vessel before the date specified in the contract, the Owner will not be liable for any refund; furthermore, the Charterer shall bear any port costs not covered by the contract.

22) Salvage. Any proceeds arising from the recovery of wreckage or from assistance and salvage operations, after deducting the crew’s entitlements, shall be divided equally between the Charterer and the Owner.

23) Reference to applicable law. For matters not expressly covered by this contract, reference is made to applicable legislation in force.

24) Cancellation by the Owner. In the presence of a brokerage agency, this contract is only valid after signature by Europe Sail S.r.l. Europe Sail S.r.l. reserves the right to invalidate this contract within 48 hours of its signing.

25) Disputes. Any dispute concerning the interpretation or performance of this contract shall fall under the exclusive jurisdiction of the Court of Cagliari.