Information and
reservation

Terms of Sale

1 – TRANSFER OF THE CONTRACT
The user is not permitted to transfer the aforementioned unit or the rights arising from this contract to a third party.

2 – USER’S OBLIGATIONS AND INFORMATION FOR NAVIGATION
The user is obliged to use the unit with particular diligence, according to the technical characteristics resulting from the documents on board in accordance with the intended use.

He also undertakes to return the unit on the date, place and time established in the state in which he took possession, with the same characteristics and functionality for the same use, together with the accessories, equipment, fittings and documents received from the owner.

The user declares that he has been informed of the navigation rules in force and by way of example undertakes to:

  • to use the unit exclusively for himself and his guests and acknowledges that the transport of goods and passengers and any other kind of commerce is prohibited;
  • to respect the minimum number of people in the crew as well as the maximum number of people that can be carried;
  • to use the unit, exclusively, in the area defined by the contract and to navigate only within the area of competence of the designated person’s licence document;
  • give prior notice of any intention to take part in regattas or nautical competitions of any other kind; do not ask to be reimbursed or to tow other units except in the event of absolute emergency; listen to the port authority when it prohibits navigation in the event of bad weather or danger at sea; moreover, if the sea is stronger than 4 or when the bulletins say that the sea or weather situation is dangerous, the user undertakes not to go out or to enter immediately the nearby port, or a sufficiently safe place to anchor if it is in open sea;
  • keep the unit in a safe position and never out of control;
  • not to give navigation lessons for a fee
  • not to carry out night navigation (h 19 – h 7);
  • that the stretch of water 250 metres from the shoreline, during the summer season, is exclusively reserved for bathing and consequently forbidden to motorised units, as well as the further 50 metres from this limit towards the open sea (constituting the buffer and safety strip to avoid commingling between bathing activities and navigation);
  • that the landing and the departure of the motor units must take place using the provided exit corridors at the prescribed speed (not more than 3 knots);
  • to respect the speed limits in force in the sea area between 300 and 1,000 metres from the shore (not more than 10 knots, with displacement hull);
  • read a copy of table B showing the safety equipment provided for by Ministerial Decree n. 146/2008 of the Ministry of Infrastructure and Transport;
  • that I intend to carry out navigation within 6 miles from the coast in relation to which I will receive from the shipowner the safety equipment described in the above table;
  • not to keep any animal on board without the prior authorisation of the shipowner;
  • not to use for cleaning the unit, inside and outside, any detergent that may be corrosive or anything else that may damage the materials of the unit
  • not to navigate where a war is already underway or where it could be declared and also in areas where navigation is interrupted, bearing in mind that in these cases the insurance does not apply.

3 – RUNNING COSTS
All expenses relating to the use and consumption of the unit for the period of use, in particular fuel, shall be borne by the user,water, port charges, customs, support and/or mooring fees when different from Santa Maria Maggiore / Poseidon.

4 – CARE OF THE UNIT
The user undertakes to take care of the unit, to keep the accessories in order and to return it clean and in excellent condition.

5 – DAMAGES, BREAKDOWNS, ACCIDENTS, REPAIRS, SEA RESCUE EXPENSES
In case of damage, breakdown or accident, the user must immediately inform the shipowner by phone and assess the need to contact the harbour office through the blue number 1530. The user may continue navigation only if the continuation will not lead to aggravation of the damage, nor to particulars for the persons and the unit. All eventual rescue costs at sea will be at the charterer’s charge, regardless of the type of breakdown or damage that prevents the unit’s autonomous return – see costs of recovering the damaged vessel.

6 – RC / KASKO INSURANCE
The unit is delivered duly insured for the civil responsibility towards third parties, according to the L 24/12/89 number 990. The insurance stipulated by the shipowner does not cover the loss of or damage to the property of the user and of the passengers, nor the civil responsibility towards the property of the third parties transported nor that towards the same passengers.

The insurance conditions are included and form an integral part of the present contract except for the Kasko or Theft insurance if not subscribed to by the user.

In the case of the subscription of the Kasko or Theft insurance, the user shall in any case be responsible for a minimum deductible of 500 euros depending on the conditions of the active policy subscribed to and for damages of any kind that cannot be indemnified by the insurer due to any responsibility on the part of the user or any inadequacy of the insured valuables (e.g. overnight parking in waters that are not covered by the insurance policy).

7 – PLACE OF EMBARKATION/DISEMBARKATION
The vessel will be at the user’s disposal at the Santa Maria Maggiore or Poseidon dock and shall be returned to the owner’s disposal at the same dock. Failure to return the vessel to the agreed location will result in a charge equal to the costs of rescue in case of emergency

8 – RETURN – COMPLIANCE WITH TERMS
The user undertakes to return the unit punctually, within the time limit and in the predefined port, free of any and all obligations contracted during the period of use and with a full tank of fuel. The itinerary of the cruise must be programmed in such a way as to allow you to return in the established time, anticipating if necessary the return in case of bad weather forecasts.

If the delivery does not take place in the fixed time for any reason, the user will be charged a penalty equal to the minimum price of 2 hours of rent and if over 7 pm the daily price agreed in addition to the price itself, except for the compensation of the further damage that the owner should suffer for failure to deliver to the next user.

In the case of return without a full tank of fuel, a penalty of 30 euros will be charged and a litre charge of 2.5 euros to compensate for the inherent management costs. The time required to bring the vessel back to the port of delivery is also considered a delay if the user interrupts or terminates the cruise in a port other than the one indicated in the contract. The user shall also bear the transport or transfer costs to the port of delivery.

9 – RENUNCIATION OR INTERRUPTION
If the user is unable to make the departure, he must give timely notice to the shipowner who will treat in case of suitable weather conditions
– the deposit if the communication is made before the payment of the balance;
– In case of interruption of the cruise, at the request of the user, the latter will not be entitled to any refund.

10 – DIRECTIONS FOR USE
The delivery of the unit takes place on the day and at the time fixed in point B after the control and the signing of the inventory. The time which the owner or his representative takes to explain to the user how to use the unit is part of the contract period. The owner or his representative is entitled to ask the user how to use the unit within the contract period. The shipowner or his representative is entitled to ask the user or his crew for their command qualification. If the applicant’s knowledge and ability are not deemed sufficient for the type of unit contracted for the safety of persons or the boat, the owner or his representative may cancel the contract by retaining the amount received.

11 – BREACH OF CONTRACT
The user and the persons designated are directly responsible for any violation of the present contract. They undertake, jointly and severally, to relieve the owner from any responsibility towards him, which may be advanced by anyone, for any fact occurring during the use of the unit or in delivery of the same.

12 – REFERENCE TO LEGAL REGULATIONS
For anything not expressly stipulated in this contract, reference shall be made to the laws in force.

13 – DISPUTES
Any and all disputes concerning the interpretation or acquisition of the present contract shall be referred to the competent court of Catania.

14 – REGISTRATION EXPENSES
Any expenses incurred in registering this contract and any other related expenses shall be borne by the party that has made it necessary.