Terms and conditions - Cabin charter

SPECIFIC TERMS AND CONDITIONS – CABIN CHARTER

(Cabin – Charter)

Services operated and managed by
Gentedimare S.r.l.
Registered office: Traversa Primo Levi, n.26 Castello di Cisterna (Naples), Italy – ZIP Code 80030

These Terms and Conditions govern the “Cabin Charter” service booked through vitavela.it or other channels of the Company.

Art. 1 – Definitions

1.1 Company/Charter: Gentedimare S.r.l.
1.2 Client/Charterer: the person or entity, booking and signing the contract (including on behalf of third parties).
1.3 Guests/Participants: the individuals using the berth or cabin.
1.4 Vessel: the recreational vessel subject to the charter.
1.5 Crew: skipper/captain and any additional crew members (if applicable).
1.6 Charter Period: the time between check-in and check-out as stated in the booking confirmation.
1.7 Navigation Area: the geographical/maritime area indicated in the listing or confirmation.
1.8 Itinerary: a descriptive proposal of routes/stops, not guaranteed.

Art. 2 – Subject of the Contract

The “Cabin Charter” service consists of individual or per-cabin participation in proposed sailing itineraries by Gentedimare S.r.l., on board recreational vessels operated by a skipper and/or crew appointed by the Company.

The main and prevailing subject of the contract is:

navigation on a recreational vessel;
use of the vessel;
accommodation on board for the duration of the charter.

Participation takes place on a shared basis with other guests.

Art. 3 – Regulatory Framework

“The ‘Cabin Charter’ service constitute the commercial chartering of recreational vessels with crew on a shared basis. It is governed by Legislative Decree no. 171 of July 18, 2005 (Italian Boating Code) and, where not otherwise provided, by the provisions of the Civil Code and the Navigation Code.

The service is purely nautical in nature and does not constitute travel organization or brokerage activities under the Tourism Code.

Art. 4 – Exclusion from Package Travel Regulations

The service offered:

does not constitute a “package travel” under Italian Legislative Decree No. 79 of 23 May 2011;
does not fall within the scope of travel agency or tour operator regulations;
does not represent a pre-arranged combination of different tourism services.

The Company does not include or sell, within the cabin charter service:

land or air transport;
onshore accommodation;
independent excursions;
tourist services unrelated to navigation.

Any elements included in the fee (itinerary, stops, onboard equipment, onboard activities, skipper assistance) are integral and functionally connected to the main nautical service and do not constitute separate tourism services.

Art. 5 – Nature of the Service and Itinerary Flexibility

Pleasure boating and navigation is inherently subject to changing weather and sea conditions.

The Client acknowledges that:

routes and stops are indicative;
the itinerarie may be modified for safety reasons;
the skipper’s decisions are binding.

Navigation safety prevails over any expectations regarding the published itinerary.

Art. 6 – Classification of the Contract as Nautical Charter (Shared Formula)

The contractual relationship between the Client and Gentedimare S.r.l. is classified as a charter of a recreational vessel with crew on a shared basis (cabin charter).

Pursuant to Italian Legislative Decree No. 171/2005, chartering consists of making a vessel available, with crew, for a specified period in exchange for consideration.

In the case of cabin charter:

the vessel is made available to multiple clients simultaneously;
Each participant acquires the right to use a single berth in a shared double cabin or, where expressly agreed, the entire cabin for exclusive use.
navigation is carried out under the responsibility of the appointed skipper;
the price relates to the nautical service and onboard accommodation.

The shared formula does not alter the legal nature of the contract, which remains a nautical charter.

This contract does not constitute a travel organization agreement or a package travel.

Art. 7 – Actual Subject of the Service and Absence of Guaranteed Itinerary

By booking the Cabin Charter service, the Client does not purchase a predetermined or guaranteed itinerary, but rather the right to participate in a sailing period on board vessels of the category and type in the charter details published on the Website.

The contractual subject consists of:

shared use of a cabin or berth;
navigation within the indicated geographical area;
onboard stay for the agreed duration.

Routes, stops, ports and locations:

are purely indicative;
are not essential contractual elements;
may be modified at any time for safety, weather conditions, maritime authority decisions or skipper assessments.

The Company guarantees the sailing experience within the designated area, but does not guarantee reaching specific destinations.

Changes do not constitute breach of contract and do not entitle the Client to refunds or compensation.

Art. 8 – Identification and Substitution of the Vessel

Where a specific vessel (name and model) is indicated in the charter details, such information is for descriptive and informative purposes only.

The Company may replace the vessel with another:

of equivalent category and type;
with similar technical features;
with comparable cabins and services;
suitable for the same navigation area.

If unavailable, a vessel with equal or higher comfort standards may be provided.

Such substitution does not constitute a contractual change nor entitle the Client to compensation.

A full refund applies only if no suitable vessel can be provided.

Art. 9 – Weather Conditions, Force Majeure and Safety

Pleasure boating and navigation is an activity inherently subject to the variability of weather and sea conditions.

The Client acknowledges that weather, sea conditions, authority decisions or skipper assessments may:

delay departure;
alter the itinerary;
limit navigation;
require extended stays in port;
cause early return;
prevent sailing.

These are inherent risks of nautical activity and do not constitute breach.

Art. 10 – Non-Departure Due to Weather or Safety

If departure is not possible due to safety or weather conditions, no refunds or compensation are due.

Staying on board in port constitutes proper performance of the contract.

Art. 11 – Early Termination of Navigation

Early termination due to:

weather conditions;
technical failures not due to gross negligence;
force majeure;
authority measures;
safety needs;

It does not entitle the Client to full or partial refunds, indemnities, or compensation, provided that the use of the vessel has been guaranteed for the contractual period, even if in port.

Art. 12 – Failure to provide the Vessel

Only in the event that, due to causes exclusively attributable to the Company, it is not possible to provide any suitable vessel for the entire contractual period, the Client shall be entitled to a refund of the amounts paid, excluding any further claim for compensation.”

Art. 13 – Discretionary Voucher (No Sailing)

If it is not possible to sail for the entire duration of the contractual period due to adverse weather conditions or measures taken by the maritime authorities, the Company may, at its sole discretion and without this constituting an acknowledgement of liability or contractual obligation, award the Customer a partial voucher of an amount determined unilaterally by the Company.

The voucher:

will be considered a commercial gift;
will not constitute a refund or compensation;
will be usable within the timeframe indicated by the Company;
will not be convertible into cash;
will not give rise to any further financial claims.

Any recognition of the voucher does not change the qualification of the contract nor does it imply non-fulfilment by the Company.

Art. 14 – Client Withdrawal

The Client may withdraw from the contract at any time by means of written notice sent to the Company.

Unless otherwise specified in the charter details or the booking confirmation, withdrawal from the contract involves the application of the following penalties, calculated on the total amount of the booked service:

Cancellations received at least 60 (sixty) days before the start of the charter entitle the Client to a refund of the amount paid.
Cancellations received between 60 (sixty) and 30 (thirty) days before the start of the charter entitle the Client to use the amount paid for a new booking for another charter within the same calendar year, subject to availability. Should the price of the new booking be higher than the original one, any price difference shall be borne by the Client.
Cancellations received less than 30 (thirty) days before the start of the charter do not entitle the Client to any refund.

Art. 15 – Nature of Penalties

The above penalties are agreed pursuant to Article 1382 of the Italian Civil Code and constitute a prior determination of the damages suffered by the Company due to the loss of the booking, the preparation of the charter, and the difficulty in reallocating the places on board.

The Client expressly waives the right to contest the amount of the penalties, acknowledging their reasonableness.

Art. 16 – Voucher in Case of Resale

If the Company resells all or part of the cancelled berth or cabin, it may, at its sole discretion and without this constituting a contractual obligation, grant the Client a voucher for an amount unilaterally determined by the Company, net of any discounts applied for resale and administrative fees.”

Any such voucher:

does not constitute a refund or an automatic return of the amounts paid;
is not mandatory;
is subject to the actual resale of the berth;
may be equal to, less than, or a partial amount of the sums collected from the new booking;
is not convertible into cash;
will have limited temporal validity.

The Client acknowledges that the Company is not required to provide proof of resale nor to disclose the financial terms of the new booking.

The potential issuance of a voucher does not constitute a modification of the agreed penalties, nor does it create a precedent or a right for subsequent cancellations.

Art. 17 – Limitation of Liability

The Company is liable only for damages caused by willful misconduct or gross negligence.

Liability excludes:

weather events;
force majeure;
third-party actions;
authority measures;
conduct of other participants;
improper use of the vessel or equipment by the Client.

The Company’s liability is limited to the value of the fee paid for the service, except in cases of willful misconduct or gross negligence.

Art. 18 – Inherent Risks of Navigation

The Client declares to be aware that pleasure boating and navigation involves inherent risks, including but not limited to:

rolling and pitching;
variable weather;
sudden movements;
use of nautical equipment;
walking on wet bridges or slippery surfaces.

Participation is at the Client’s own risk within legal limits.

The Client undertakes to comply with the skipper and crew’s safety instructions.

Art. 19 – Personal Belongings

The Company is not liable for loss, theft or damage of Clients’ personal belongings.

Art. 20 – Client Liability

The Client is liable for damages caused to:

the vessel;
equipment;
other participants;
crew.

if resulting from fraudulent, negligent or contrary to instructions received behavior.

The Company may seek compensation from the Client for any damage or penalty resulting from behavior attributable to the Client

Art. 21 – Physical and Mental Fitness, and Allergies

The Client declares to be in suitable physical and mental condition for navigation and not to suffer from any medical conditions that could compromise safety on board.

The Company is not responsible for illnesses, injuries, or pre-existing medical conditions not disclosed in advance.

The Client guarantees good aquatic skills, releasing the Company from any liability for false or omitted declarations. All dives are at the Client’s sole risk, and the Client agrees to comply with the Skipper’s prohibitions and safety instructions. Failure to comply with these orders releases the Company from any liability for injuries.

The Client is required to communicate any allergies or intolerances in writing at the time of booking. In this case, the Company will make every effort to provide suitable food supplies; however, given the limited space on board, the absolute absence of cross-contamination cannot be guaranteed. It is the Client’s responsibility to check all food items before ingestion, releasing the Company from any liability for accidental reactions.

Art. 22 – Governing Law

This contract is governed by Italian law. This does not affect the application of mandatory consumer protection provisions, where applicable.

Art. 23 – Jurisdiction

Exclusive jurisdiction lies with the court of the Company’s registered office, unless the Client is a consumer.

Art. 24 – Amicable Settlement

Before taking legal action, the Parties agree to attempt an amicable resolution of the dispute through written communication. The Client’s right as a consumer to access alternative dispute resolution (ADR) mechanisms, as provided by applicable law, remains unaffected.

Art. 25 – Severability Clause

Invalid provisions do not affect the validity of the remaining contract.

Art.26 – Specific Approval (Arts. 1341 and 1342 Italian Civil Code)

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Client declares to have read and specifically approved the clauses referred to in the following articles: