Terms and conditions - Crewed charter

SPECIFIC TERMS AND CONDITIONS – CREWED CHARTER

(Charter of Recreational Vessels with Crew)

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 charter of recreational vessels with crew (entire vessel) booked through vitavela.it or other channels of the Company.

1. Definitions

1.1 Company/Charter: Gentedimare S.r.l.
1.2 Client/ Charterer: the person who books and signs the contract (also on behalf of a group).
1.3 Guests/Participants: individuals boarding together with the Client.
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.

2. Subject of the Contract

2.1 This contract concerns the charter of a recreational vessel with crew, whereby the Vessel is made available for the Charter Period in exchange for consideration.

2.2 The Client acquires the right to exclusive use of the Vessel for the agreed duration, subject to safety rules and the captain’s decisions.

3. Regulatory Framework and Legal Classification

3.1 The activity is governed by recreational boating legislation, in particular Italian Legislative Decree No. 171 of 18 July 2005 (Italian Yachting Code) and subsequent amendments.

3.2 The contract is classified as a crewed yacht charter agreement.

3.3 Any Itinerary or additional services related exclusively to onboard life are ancillary and instrumental to the main nautical service.

3.4 The following are neither included nor sold as a combined travel service:

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

Accordingly, this contract does not constitute a package travel.

4. Actual Subject of the Service and Absence of Guaranteed Itinerary

4.1 The Client acknowledges that they are not purchasing a guaranteed itinerary, but rather a Charter Period on a Vessel of the indicated category/type, navigating within the specified Navigation Area.

4.2 Routes, stops, ports and destinations are indicative and may vary due to weather, safety, operational needs, regulations, berth availability or captain’s technical decisions.

4.3 The captain’s decisions regarding navigation and safety are binding on the Client and Guests.

5. Booking and Contract Formation

5.1 The booking is deemed concluded only upon:
a) written confirmation by the Company;
b) payment of the required deposit;
c) submission of required data (including passenger list/documents where applicable).

5.2 The Company may refuse incomplete requests or those incompatible with safety or Vessel capacity.

5.3 The Parties acknowledge the full legal validity of communications transmitted via email or through the website’s digital channels. Booking confirmation, the sending of digital documents or signed scanned copies shall be deemed equivalent to the formation of a valid and binding contractual agreement for all legal purposes.

5.4 The Client acknowledges and accepts that selecting the appropriate checkboxes (flags) on the Website, together with the submission of the order, constitutes an advanced electronic signature and expresses full acceptance of these Terms and Conditions. The contract shall be deemed concluded and binding at the moment the Client receives the booking confirmation via email at the address provided.

6. Price, Deposit and Balance

6.1 The charter price, deadlines and payment methods are indicated in the booking confirmation.

6.2 Unless otherwise specified:

deposit upon confirmation;
balance within the deadline indicated.

6.3 Failure to pay the balance may result in contract termination and application of penalties (Arts. 14–15).

6.4 The charter price is inclusive of VAT at the rate applicable at the time of booking. Any subsequent statutory tax changes shall result in an adjustment of the final price by debiting or crediting the difference.

7. Included and Excluded Items

7.1 The price includes only what is specified in the listing and/or confirmation.

7.2 Unless otherwise stated, excluded items may include (by way of example):

fuel;
port fees/moorings;
provisions (food and beverages);
transfers;
final cleaning;
tender/special equipment;
permits/protected areas;
crew gratuities.

7.3 Where applicable, an expense fund (e.g., APA) shall be governed by the confirmation or operational annex.

8. Check-in, Check-out, Delivery and Redelivery

8.1 Check-in/out times and locations are indicated in the confirmation and may be adjusted for operational reasons.

8.2 Client delays do not entitle to extensions or refunds.

8.3 Upon redelivery, the Vessel must be returned in agreed condition (normal wear excluded), as instructed by the crew.

9. Maximum Capacity and Guest List

9.1 The number of persons onboard is limited by Vessel capacity and safety regulations.

9.2 The Client must provide an accurate guest list within required deadlines. Boarding may be refused if data are missing or incorrect.

10. Captain’s Authority, Safety and Conduct

10.1 The captain is responsible for navigation and safety.

10.2 The Client and Guests must:

comply with safety instructions;
behave appropriately;
use equipment properly;
comply with onboard rules (e.g., smoking, footwear, water use).

10.3 In case of dangerous or seriously improper conduct, the captain may order disembarkation at the nearest safe port, without refund.

11. Weather, Force Majeure, Regulations and Ports

11.1 Navigation is subject to weather variability. Conditions, regulations, breakdowns not attributable to the Company, and authority decisions may alter the Itinerary.

11.2 Changes for safety reasons do not constitute breach.

11.3 If no sailing is possible for the entire period, the Company may consider issuing a discretionary voucher (Art. 13).

12. Vessel Substitution

12.1 If the indicated Vessel is unavailable for technical/operational reasons not attributable to the Company, it may be replaced with a vessel:

of equivalent category/type; or
offering equal or higher standards;
suitable for the same Navigation Area.

12.2 Such substitution does not entitle to compensation.

12.3 Should the vessel be replaced with one of inferior characteristics, the Company shall refund the difference between the amounts paid and the list price of the replacement vessel.

12.4 Should the vessel be replaced with one of superior characteristics, the Client may choose to confirm the booking of the new vessel by paying the difference or request a full refund of the amount paid.

12.5 In all cases, no further amounts shall be due by the Company for any reason whatsoever.

12.6 If no suitable vessel is available, the Company shall refund amounts paid for the charter only, excluding further claims (except in cases of willful misconduct or gross negligence).

13. Discretionary Vouchers

13.1 If no sailing occurs due to weather or authority restrictions, the Company may issue a discretionary partial voucher.

13.2 The voucher:

is a commercial goodwill gesture;
is non-convertible into cash;
has limited validity;
does not imply liability;
does not create rights or precedent.

14. Client Cancellation and Penalties

14.1 The client may request cancellation of their booking at any time by means of written notice. Unless otherwise specified in the confirmation/booking details, the charterer reserves the right to retain the amounts paid up to the date of the cancellation request.

14.2 Penalties are agreed as liquidated damages under Art. 1382 Italian Civil Code.

15. Voucher in Case of Resale

15.1 If the Company resells the Charter Period, it may issue a discretionary voucher.

15.2 The Client acknowledges that:

resale conditions need not be disclosed;
no proof of resale is required.

16. Security Deposit and Damages

16.1 If applicable, the security deposit is specified in the confirmation.

16.2 It covers damages, losses, rule violations, insurance deductibles, and extraordinary cleaning.

16.3 Refund is subject to technical checks and possible deductions.

17. Operating Costs

17.1 Allocation of operating costs follows the confirmation.

17.2 Unless stated otherwise, such costs are borne by the Client, in line with charter practice.

18. Liability of the Company

18.1 Liability is limited to cases of willful misconduct or gross negligence.

18.2 No liability for:

weather;
force majeure;
authority decisions;
port unavailability;
third-party acts;
conduct of other guests.

18.3 No liability for personal belongings (Art. 20).

19. Inherent Risks of Navigation

19.1 The Client acknowledges inherent risks (movement, wet surfaces, equipment use, etc.).

19.2 The Client and Guests must act prudently and follow safety instructions.

20. Personal Belongings

20.1 The Client/Guests are responsible for their belongings. No liability for loss, theft or damage.

21. Fitness and Health Requirements

21.1 The Client declares that all Guests are fit for sailing.

21.2 The Company may refuse boarding or impose safety measures if conditions are incompatible.

22. Assignment of the Contract

22.1 The assignment of contractual rights to third parties or sub-chartering the vessel to individuals other than those declared is prohibited without the Company’s prior written consent via email. Any unauthorized assignment shall result in the immediate termination of the service and the loss of any right to a refund. Any request to change the booking holder is subject to the Company’s approval and may be subject to administrative fees.

23. Obligations of the Charterer (Company / Owner)

23.1 The Charterer shall make the vessel, together with all its appurtenances, available in perfect working order, seaworthy condition and proper maintenance, complete with all accessories, equipment, safety gear and documents required by law for charter operations.

23.2 The Charterer guarantees the presence on board of a qualified crew, who shall maintain nautical command and control of the vessel for the entire duration of the contract.

23.3 The vessel shall be made available at the agreed place, date and time. The time required for the safety briefing, passenger boarding and loading of luggage/provisions is included within the contractual period.

24. Obligations of the Hirer (Client)

24.1 The Hirer is responsible for the management of passengers and for fully respecting the authority and role of the Captain.

24.2 The Hirer shall be civilly liable for any damage caused to the vessel, its appurtenances and interior fittings due to improper conduct, negligence or willful misconduct by themselves or their guests, and shall bear the cost of immediate repair or compensation.

25. Obligations of the Passengers

25.1 Passengers must comply with the instructions and orders given by the Captain or any person authorized by the Captain.

25.2 Passengers must carry valid identification documents, as well as any visas or health certificates required according to the cruise itinerary.

25.3 In the case of minors on board, parents or a formally appointed guardian shall be responsible for their conduct and safety.

25.4 Passengers are liable for any damage caused to the vessel, rigging, equipment or third parties if they fail to follow the instructions of the Captain or act negligently or imprudently.

25.5 Passengers must respect non-smokers by adopting a “slow smoking” approach, limiting cigarette (including electronic) use and smoking only in areas designated by the Captain. Smoking is strictly prohibited inside the vessel.

25.6 Passengers shall be held responsible for any damage suffered by the Charterer as a result of failure to comply with the above obligations.

26. Breakdowns, Repairs and Technical Downtime

26.1 Incidents and Breakdowns: In the event of accidents, breakdowns or technical anomalies affecting the vessel, the Captain has the exclusive authority to decide whether to continue navigation. Navigation may continue only if it does not pose risks to passengers, crew or vessel, nor worsen the damage. The Hirer (Client) is not authorized to approve any repairs; such decisions are the sole responsibility of the Charterer or the Captain acting on their behalf.

26.2 Technical Downtime and Time Recovery: If a failure of essential systems (engines, transmission, batteries, alternator) prevents the use of the vessel for more than 12 consecutive hours (excluding the first night following the failure), the Charterer shall only be required to allow the Hirer to recover the lost usage time. Recovery shall take place, subject to agreement, at the end of the charter period (if possible) or through a credit (voucher) for future charters. Any monetary refund or further compensation is expressly excluded.

26.3 Exclusions: Failures affecting non-essential equipment do not entitle the Hirer to time recovery or any form of refund. This includes, but is not limited to: depth sounder, watermaker, air conditioning, refrigerators, freshwater system, tender and outboard engine, audio/video systems, or other comfort equipment.

26.4 Claims: Any request for compensation in the cases provided above must be formally submitted by the Hirer at the time of disembarkation and in any case no later than the end date of the contract.

27. Insurance and Deductible

27.1 The vessel is provided with hull insurance valid for the agreed navigation area, covering damage up to total loss. The policy includes a deductible, which remains the responsibility of the Hirer (Client) up to the amount of the security deposit paid, if the damage is attributable to them.

27.2 The vessel is also covered by mandatory third-party liability insurance (RC), covering unintentional damage caused to third parties during navigation or while moored. This insurance does not cover:

Theft, loss or damage of personal belongings, valuables or effects of the Hirer and their guests

Personal injuries to passengers not directly attributable to crew responsibility or defects of the vessel

27.3 In any case, any damage not indemnified by the insurer due to willful misconduct, gross negligence or breach of contractual or safety rules by the Hirer or their guests, as well as the applicable deductible, shall remain entirely at the Hirer’s expense.

28. Personal Data Processing

28.1 Personal data are processed for booking and legal compliance, in accordance with the privacy policy published on the website.

29. Governing Law and Jurisdiction

29.1 Italian law applies.

29.2 Jurisdiction: courts of the Company’s registered office, except where consumer law applies.

30. Severability Clause

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

31. 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: