Terms & Conditions
TERMS AND CONDITIONS OF THE OCCASIONAL BOAT CHARTER AGREEMENT
This agreement governs the terms and conditions for the occasional charter activity of the vessel SAFÌRA (in accordance with Art. 49-bis of Legislative Decree 171/2005), carried out by Francesco Furia (Fiscal Code: FRUFNC95B16G273K), hereinafter referred to as the "Charterer", and the participants of the cruise, hereinafter referred to as the "Participants".
Art. 1 · Obligations of the Charterer
The Charterer undertakes to make the vessel available to the Participants at the port of embarkation on the agreed date and time. The vessel will be delivered in perfect working order, perfectly seaworthy, clean, in good condition, ready for service, and fully equipped with the safety equipment required by law.
The vessel is provided with a skipper who carries out the functions of driving and command. The skipper shall ensure that each Participant behaves in a civilly correct manner, consistent with the regular running of the cruise, and does not cause annoyance to other passengers.
Art. 2 · Cruise Operations and Safety
The Charterer grants no guarantee regarding the use and comfort of the vessel in conditions of bad weather for navigation along the routes included within the chosen navigation area. The skipper will nevertheless undertake to lead the vessel by navigating between safe ports and anchorages within the limits of the agreed itinerary.
The cruise program may vary at the sole discretion of the skipper based on weather and sea conditions or other technical requirements of navigation and mooring. The skipper may take any decision deemed appropriate to protect the safety of navigation, exercising the right to make changes in the times and manners for reaching the planned destinations that should prove difficult to reach, impracticable, or unavailable. No compensation or indemnity may be claimed by the Participants for any inconvenience or changes caused by the situations mentioned above.
Participants embark with full awareness of the risks and dangers that a boat cruise can entail. In the event of an injury not depending on the direct responsibility of the skipper, the injured Participant may not claim any compensation; in this regard, the stipulation of a personal accident insurance policy is recommended.
Art. 3 · Obligations of the Participants
Participants are required to inform the skipper personally before embarkation of any health problems, allergies to medicines or food, mobility difficulties, other specific needs, or if they are unable to swim.
Participants are obliged to accept any decision that the skipper deems appropriate to protect their safety and well-being, adhering to any positions assigned on board and wearing life jackets when required.
Participants expressly undertake not to engage in any type of trade and not to keep weapons, explosives, or narcotics on board (even for personal use). Should a Participant infringe the laws in force and should this lead to disciplinary or restrictive measures (up to arrest), causing damage to the Charterer or to other passengers, they undertake to compensate the Charterer for any loss, damage, or expense sustained. Such events will constitute sufficient cause for the immediate cancellation of the contract and the forced disembarkation of the person responsible.
Participants are required to embark with luggage consisting of small, soft, and completely foldable bags to allow easy stowage on board. Luggage must be limited and essential. Each participant is the exclusive custodian of their own personal belongings and effects and is personally liable for them in the event of theft, loss, or damage. The Participant is also responsible for damage caused to the vessel and onboard equipment resulting from intentional or negligent behavior, or behavior contrary to the instructions given by the skipper.
Smoking is not permitted below deck, nor is the consumption of food and drinks inside the cabins. Smoking is permitted exclusively on deck (outdoors), taking the necessary precautions not to cause damage to the vessel and annoyance to other Participants.
Art. 4 · Breakdowns and Damage
In the event of unforeseen breakdowns or damage requiring a technical stop for repairs, the Charterer undertakes to make this period as short as possible. If the stop does not exceed 48 continuous hours, the Participants may not claim any refund. For stops exceeding 48 continuous hours, the Participants will be entitled to a refund exclusively for the days in excess of the first 48 hours, with the option to accept or reject the proposal to continue.
Art. 5 · Cancellation by the Charterer
In the event of cancellation by the Charterer due to force majeure, strictly personal reasons, unpredictable or unavoidable health problems, immediate notice will be given to the Participants. The Charterer will propose, where possible, an alternative solution with new embarkation and disembarkation dates. In the event of non-acceptance by the passengers, they will be entitled to a full refund of the amounts paid, without the possibility of claiming further penalties or claims.
Art. 6 · Cancellation by the Participants
In the event of cancellation by one or more Participants, they must give immediate written notice to the Charterer. The amounts paid up to that moment will be refunded only if the renounced spots are promptly booked by new participants. In the event of a cancellation communicated after the 20th day preceding the date of embarkation, a percentage of 20% of the amount paid will still be retained as a file management cost.
Art. 7 · Jurisdiction
For everything not expressly regulated by this private agreement, reference is made to the laws in force regarding recreational boating and the civil code. In the event of any dispute arising from this contract, the Court of Palermo shall have exclusive jurisdiction.
Art. 8 · Privacy Protection
The personal data provided on the occasion of this contract will be collected and processed by the Charterer exclusively for contractual, management, and accounting purposes, in full compliance with the European General Data Protection Regulation (GDPR No. 679/2016). The signing of this document constitutes explicit consent to the processing of data, also in the name and on behalf of any other participants represented.
