SPECIFIC TERMS AND CONDITIONS – BAREBOAT CHARTER
(Charter of Recreational Vessels without Crew)
Services organized and managed by
Gentedimare S.r.l.
Registered office: Traversa Primo Levi, Castello di Cisterna (Naples), Italy – ZIP Code 80030
These Terms and Conditions govern the bareboat charter of recreational vessels booked through vitavela.it or other channels of the Company.
1. Definitions
1.1 Company: Gentedimare S.r.l.
1.2 Client / Charterer: the person signing the contract and assuming command of the Vessel.
1.3 Vessel: the recreational vessel subject to the charter.
1.4 Charter Period: the time between check-in and check-out.
1.5 Navigation Area: the permitted maritime area specified in the contract.
2. Subject of the Contract
2.1 This contract concerns the bareboat charter of a recreational vessel (without crew).
2.2 The Company leases the Vessel to the Client for the agreed Charter Period, without providing a skipper or crew.
2.3 The Client assumes full possession, control, and responsibility for the Vessel for the entire period.
3. Regulatory Framework
3.1 The contract is governed by Italian Legislative Decree No. 171 of 18 July 2005 and subsequent amendments.
3.2 It does not constitute a package travel under Italian Legislative Decree No. 79 of 23 May 2011.
4. Charterer Requirements
4.1 The Client must hold all qualifications required by applicable law to operate the Vessel (including a boating license where required).
4.2 The Client declares to have adequate experience for the type of Vessel and Navigation Area.
4.3 The Company may refuse delivery of the Vessel if the Client is deemed unsuitable for safety reasons.
5. Optional Skipper or Crew Indicated upon Client Request
5.1 This contract remains a bareboat charter agreement.
5.2 If the Client does not intend to operate the Vessel personally or lacks the required qualifications, they may request the indication of a professional skipper or other nautical personnel.
5.3 The Company may suggest suitable candidates, without assuming any obligation of result.
5.4 Any skipper or personnel indicated:
- shall be engaged directly by the Client;
- shall be paid directly by the Client;
- shall not be an employee or contractor of the Company within this contract;
- shall operate under the contractual responsibility of the Client.
5.5 The presence of a skipper does not change the nature of the contract, which remains a bareboat charter under the Italian Yachting Code.
5.6 The Company shall not be liable for the conduct of any skipper engaged by the Client, except in cases of willful misconduct or gross negligence in merely suggesting the individual.
6. Delivery and Redelivery
6.1 Upon delivery, a handover report on the condition of the Vessel and equipment shall be prepared.
6.2 The Client acknowledges receipt of the Vessel in seaworthy condition.
6.3 Upon redelivery, a joint inspection shall be carried out.
6.4 Delay in redelivery shall result in proportional penalties and compensation for any additional damages (e.g., loss of subsequent charter).
7. Security Deposit
7.1 A security deposit is required to cover:
- damage to the Vessel;
- insurance deductibles;
- loss of equipment;
- fines or costs due to violations;
- extraordinary cleaning;
- late return.
7.2 The deposit may be retained in whole or in part for the above reasons.
7.3 Refund shall be made within the time necessary to verify any hidden damages.
8. Use of the Vessel
8.1 The Vessel shall be used exclusively for recreational navigation.
8.2 It is prohibited to:
- sub-charter or transfer the Vessel;
- participate in regattas without written authorization;
- use the Vessel for commercial purposes;
- exceed the maximum number of persons allowed;
- navigate outside the permitted Navigation Area.
9. Navigation Area
9.1 The Vessel may only navigate within the agreed Navigation Area.
9.2 Navigation outside the authorized area results in full responsibility of the Client and possible loss of insurance coverage.
10. Weather Conditions and Safety
10.1 The Client is responsible for assessing weather conditions during navigation.
10.2 Failure to sail due to the Client’s decision does not entitle to refunds.
10.3 In case of adverse weather or authority restrictions, the Client must act prudently and comply with safety regulations.
11. Cancellation and Penalties
Unless otherwise specified:
- up to 60 days before: 30%
- 59–30 days: 50%
- 29–15 days: 75%
- 14 days or no-show: 100%
Penalties are agreed as liquidated damages.
The Company may, at its discretion, issue vouchers if the period is resold.
12. Client Liability
12.1 The Client is responsible for operating the Vessel.
12.2 The Client is liable for:
- damage to the Vessel;
- damage to third parties;
- administrative penalties;
- regulatory violations;
- recovery or assistance costs.
13. Insurance
13.1 The Vessel is covered by third-party liability insurance within legal limits.
13.2 Any deductibles remain at the Client’s expense.
14. Personal Belongings
14.1 The Company is not liable for loss or theft of personal property.
15. Fitness and Declarations
15.1 The Client declares to possess adequate skills for navigation.
15.2 The Client assumes responsibility for all persons onboard.
16. Governing Law and Jurisdiction
16.1 Italian law applies.
16.2 Jurisdiction: courts of the Company’s registered office, except where consumer law applies.
17. Severability Clause
17.1 The invalidity of any clause does not affect the validity of the remaining provisions.
18. Specific Approval (Arts. 1341 and 1342 Italian Civil Code)
The Client expressly approves the following clauses:
- 5 (skipper indication)
- 6.4 (late redelivery)
- 7 (security deposit)
- 8 (prohibited use)
- 9 (navigation area)
- 10 (weather conditions)
- 11 (penalties)
- 12 (liability)
- 13 (insurance deductibles)
- 16 (jurisdiction)
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