The following General Terms and Conditions of the Lease of a Watercraft (hereinafter the “GTC”) apply to all package tours organised by the agency GAIS s.r.o. (hereinafter the “Lessor”) if a lease of a motor sailing boat (hereinafter the “Watercraft”) is part of other services ordered by the Client(s) (hereinafter the “Lessee”) within the Package Tour Contract. These GTC stipulate the rights and obligations of the Lessor and the Lessee.
General Terms and Conditions of the Lease of a Watercraft for download in PDF and DOCX format.
I. Acceptance of contractual terms
1.1
The contractual relationship between the Lessor and the Lessee arises on the basis of the executed Package Tour Contract.
1.2
The Lessee who enters into the Package Tour Contract is obliged to acquaint all persons who will be present onboard with these GTC. By concluding the Package Tour Contract, the Lessee confirms the acceptance of the GTC also on behalf of other persons onboard the Watercraft and agrees to comply with the GTC on their behalf.
II. Subject matter
2.1
The Lessor agrees to provide the Lessee with the Watercraft for recreational purposes on the relevant date and under the terms and conditions specified below.
2.2
The Lessee agrees to use the Watercraft for recreational purposes in accordance with these GTC.
III. Price of the lease and payment terms
3.1
The prices of the lease are included in the applicable price list published on the Lessor’s website in EUR incl. VAT. The prices of the lease include technical and accessory requirements of the Watercraft for recreational purposes as published on the Lessor’s website, insurances – including the civil liability insurance provided for by the legislation of the Italian Republic on boating (pursuant to Art. XIV of these GTC) - and anchoring in the home port on the first and last night of the lease of the Watercraft.
3.2
The prices do not include costs of anchoring in ports other than the home port, remunerations to other service providers during the lease, health and accident insurance of the captain and other members of the crew, expenses for fuel and other consumables (especially oil, water and electricity), and the prices also do not include expenses for port fees, anchoring in private harbour, local fees, pilotage, expenses for radiophone services and administrative or other pecuniary fines.
3.3
The price of the lease of the Watercraft is included in the total price of the package tour in accordance with Article 10 of the Package Tour Contract (Voucher) and shall be paid according to the payment terms set out in Article III of the General Terms and Conditions, which form an integral part of the Package Tour Contract. The price of the lease of the Watercraft does not include the refundable security deposit pursuant to Art. IV of these GTC.
3.4
All payments can be made by non-cash transfer to the Tour operator’s account or by the card that has online payments enabled, through the payment gateway on the Tour operator’s website
IV. Security deposit and takeover of the Watercraft
4.1
Upon takeover of the Watercraft in the port, the Lessee is obliged to provide the Lessor with a refundable security deposit based on the tariffs published on the Lessor’s website. This security deposit is not included in the package tour price and is paid separately to the Lessor upon handover of the Watercraft.
4.2
The security deposit may be provided in cash up to the amount of the statutory limit, by credit card (Visa/MasterCard, excluding American Express and Diners Club). The security deposit shall be refunded to the Lessee after the return and check-out of the Watercraft if no damage to the Watercraft and its accessories is found and provided no damage caused by third parties during the use of the Watercraft or administrative fines are reported by the relevant authorities.
4.3
If any damage to the Watercraft and its accessories is found to have been caused by the Lessee or other persons present onboard during the term of the lease of the Watercraft, the Lessor may deduct the amount of damage (based on the prices included in the inventory check-list) from the deposit, up to the entire amount of the security deposit (save for provisions of Art. 8.4).
4.4
If it is necessary to perform repairs as a result of the damage, the repairs must be carried out before disembarking. The costs of these repairs will be based on the usual market hourly tariffs, including the costs of material, and shall be borne by the Lessee. In this case, the Lessee shall compensate the Lessor for the damage caused for any delay in the return, also in relation to the impossibility of renting the recreational craft in the following period.
4.5
If the period of repairs or the period of full review of liability for damage exceeds the set period of lease of the Watercraft and it is not possible to calculate the damage upon handover of the Watercraft, the Lessor may retain the security deposit to secure its rights for a necessary period not exceeding 30 days of the handover of the Watercraft. The Lessor may deduct the amount supported by the relevant document from the security deposit provided by the Lessee. The Lessor shall notify the Lessee of this fact without delay in writing (via message sent to the e-mail address specified by the Lessee) and provide to the Lessee the relevant documentary proof. The Lessor is obliged to remit the remaining part of the refundable security deposit to the bank account specified by the Lessee not later than within 30 days of the handover of the Watercraft. At the same time, if the period of repairs exceeds the set period of lease of the Watercraft, the Lessor shall be entitled to compensation for damage.
4.6
The Lessor may deduct from the security deposit any costs of extraordinary cleaning of the Watercraft, if necessary, or refuelling if the Watercraft is returned and the fuel tank is not full (see Art. 4.11).
4.7
If any damage caused by the Lessee to a third party during the use of the Watercraft and/or administrative fines are reported after proper and timely handover of the Watercraft and refunding of the security deposit by the Lessor, the Lessee agrees to specify a credit card to the Lessor from which an additional payment shall be made. For this purpose, the Lessee expressly authorises the Lessor to make payments/cover fines not later than within 365 days of the date of termination of the lease through the specified credit card after the Lessor sends to the Lessee a copy of the record of the infraction or other breach of legal regulations that the Lessee demonstrably committed. In the same manner, in case of any damage that could not have been ascertained by the Lessor upon the check-out of the Watercraft, the Lessee expressly authorises the Lessor to make the requested payment after the inspections are completed, not later than within 30 days of the handover of the Watercraft, on the basis of an invoice for the performed work and repairs sent by the Lessor to the Lessee without delay to the Lessee’s specified e-mail address.
4.8
The Lessor agrees to hand over the Watercraft to the Lessee in good condition corresponding to the description indicated in the Contract, including accessories, as specified on the Lessor’s website at www.gaisplachetnice.cz (hereinafter the “Lessor’s Website”). The Contract shall specify, inter alia, the maximum number of persons allowed onboard and the sailing limitations of the relevant Watercraft. The Watercraft shall be handed over together with its registration documents; it shall be equipped with rescue equipment according to the applicable legal standards and a very high frequency (VHF) radio transmitter.
4.9
The Watercraft may be taken over in a port other than the agreed port only with the Lessor’s consent, and the transfer of the Watercraft shall take place at the Lessee’s expense. However, the Watercraft must be handed over within the agreed deadline.
4.10
Upon takeover of the Watercraft by the Lessee, the Lessee shall make a declaration of its intention to navigate in Italian territorial waters or in international waters. The Lessee is obliged to become acquainted in advance with the maritime regulations applicable along the entire route of anticipated journey.
4.11
Upon takeover of the Watercraft, the Lessee shall also sign the onboard inventory check-list and the estimated cost of repairing and replacements to be carried out urgently. Any potential complaints must be made by the Lessee before the start of navigation; if the Lessee fails to do so, his/her complaints will be disregarded and the Lessee will thus not be entitled to a reasonable discount on the price of the package tour. Upon takeover of the Watercraft, the Lessee shall also take over the necessary documents pertaining to the Watercraft. During the term of the lease, the Lessee shall safely keep the documents pertaining to the Watercraft and return them to the Lessor upon the return of the Watercraft.
4.12
Before the handover and return of the Watercraft, the Lessor and the Lessee shall draw up a handover protocol on the functional tests performed and the onboard inventory, including consumables (check-list). The Lessor shall hand over the Watercraft to the Lessee with a full fuel tank. If the fuel tank is not full upon handover by the Lessee, the Lessor shall record this fact in the handover record.
V. Late delivery of the Watercraft by the Lessor
5.1
If the Lessor is unable to deliver the chosen Watercraft to the Lessee at the specified place and time, the Lessor is obliged to provide some other comparable Watercraft to the Lessee, without delay, not later than within 48 hours, and provide the Lessee with a discount corresponding to the unused lease period. If the delay exceeds the above period, the Lessee may withdraw from the Package Tour Contract through the procedure in accordance with the General Terms and Conditions. The Lessee is also entitled to a reimbursement of the payments made for the package tour proportionally to the period he/she has not been able to use the Watercraft.
5.2
If the reason for the delay in delivery of the Watercraft to the Lessee consists in an unfavourable weather, warning instructions of a maritime navigation authority or some other event of force majeure, the Lessor is not liable for the delay caused by these circumstances and the Lessee is not entitled to withdraw from the Package Tour Contract or to seek a reasonable discount.
VI. Use of the Watercraft – limitations
6.1
The Lessee is obliged to use the Watercraft with special care in view of its technical characteristics set out in the navigation permit; the Watercraft may be used exclusively for recreational purposes, in safe and suitable ports and anchorages which the Watercraft can securely enter and leave and where it can be securely anchored. In no case may this include, in particular, an area of a nation involved in a war, military operations, revolutions and civil uprisings.
6.2
The Lessee is prohibited from taking onboard any persons other than those specified by the Lessee in the Package Tour Contract; furthermore, the Lessee is prohibited from transporting any goods or operating any other type of business, or transporting or otherwise storing narcotic or psychotropic substances (not even in amounts declared for personal use), weapons, ammunition and other things or documents the possession of which is prohibited in the countries in which the Watercraft is situated. The Lessee and other persons onboard are prohibited from keeping or transporting animals in the Watercraft. The Lessee may not use a drone or a remotely controlled submersible on and in the immediate vicinity of the Watercraft.
6.3
The Lessee is obliged to comply with the maximum permitted number of persons on the Watercraft, may not leave the anchorage if navigation is prohibited by the competent authorities, or if sea and weather conditions or the Watercraft’s condition would endanger the safety of persons onboard the Watercraft or the safety of the Watercraft itself.
6.4
Without the Lessor’s prior consent, the Watercraft may not participate in regattas and other competitions and may not be used for dangerous water sports (including diving with the use of diving equipment) that could endanger the safety and integrity of the Watercraft.
6.5
The Lessee agrees not to clean the outer and inner parts of the Watercraft with cleaning compounds that could damage them; the Lessee shall switch off the engine if the tilt of the Watercraft exceeds 15° and will adjust the sails of the Watercraft to the wind strength so as to prevent any damage to the sails.
6.6
The Lessee shall procure, at his/her own expense, detailed sea maps (at an appropriate scale) of the area of navigation if they are not available onboard the Watercraft, so as to enable correct navigation. The Lessee shall regularly monitor the weather forecasts so as to avoid unfavourable weather conditions, if possible.
6.7
The Lessee agrees to handle the Watercraft with due care and diligence, to maintain the accessories and inner spaces of the Watercraft and to carry out its usual maintenance. As a result of a breach of this obligation, the Lessee may be liable to the Lessor for any and all damage thus incurred.
6.8
In relation to the Watercraft, the Lessee may only assume obligations vis-à-vis third parties in his/her own name, not in the name of the Lessor. The thus-accepted obligations must be performed exclusively by the Lessee. The Lessee is obliged to pay to the Lessor, without any exception, any and all amounts that the Lessor would have to expend vis-à-vis third parties for unlawful acts committed by the Lessee.
VII. Personal documents
7.1
The Lessee agrees that all persons present onboard the Watercraft shall have a travel document, visa and other necessary personal documents in possession during the entire term of the lease. Furthermore, the Lessee agrees to fill in and hand over to the Lessor a list of all persons onboard, including copies of their personal documents for the purpose of potential identification by the authorities and for insurance purposes (the crew list).
7.2
The handover of the Watercraft to the Lessee may not take place without valid personal documents of all persons present onboard. If this condition is not met, the Lessor may withdraw from the Package Tour Contract in accordance with Art. 4.6 of the General Terms and Conditions and the Lessee is not entitled to a refund of the amount paid for the lease of the Watercraft.
VIII. Responsibility for minors, health of the Lessee and persons onboard the Watercraft and their obligations
8.1
The Lessee is fully responsible for the safety and the actions or omissions of minors on board the Watercraft and is responsible for their safety, without prejudice to the provisions of the law on civil liability.
8.2
The Lessee acknowledges that it may be inappropriate for persons with impaired mobility or persons undergoing treatment to be present onboard. By executing the Package Tour Contract, the Lessee declares that all persons present onboard the Watercraft are in good medical condition and releases the Lessor from all liability in this respect. In case of any health problems on the part of persons onboard, the Lessee is obliged to seek and arrange for professional medical assistance without undue delay.
8.3
The Lessee, the captain (unless they are the same person) and other persons onboard the Watercraft agree to comply with the legal regulations of the country in which the Watercraft is located (especially with respect to fishing), as well as international binding agreements, and standards related to customs declarations and orders issued by the customs and maritime authorities/offices.
8.4
The Lessee is liable for any and all damage incurred as a result of his/her, acts or omissions or the acts and omissions of the other people onboard the Watercraft under the influence of alcohol or other narcotic and psychotropic substances, jointly and severally with those people. This damage is not limited by the amount of the security deposit provided and the Lessee is obliged to compensate the damage to the full extent. The Lessee is also fully liable, jointly and severally, for any damage caused by the Lessee or other persons onboard the Watercraft caused intentionally or as a result of gross negligence or serious omission. The Lessee is obliged to advise all persons onboard the Watercraft of this fact and acquaint them with the obligations following from these GTC.
IX. Return of the Watercraft
9.1
At the end of the term of the lease, the Lessee is obliged to return the Watercraft to the Lessor in a designated port and at a predetermined time, in the same condition in which the Lessee took over the Watercraft, taking into account the usual wear and tear, including the furnishings, equipment, appliances and accessories, including all documentation and rescue equipment, and unburdened by obligations or burdens arranged between the Lessee and third parties during the period of the lease of the Watercraft.
9.2
The Lessee agrees to return the Watercraft to the Lessor with a full fuel tank; otherwise, the price of the fuel shall be subsequently charged to the Lessee in the amount determined by the product of the engine-hours and the lump-sum amount specified in the Watercraft’s handover record, increased by 50 euro for the cost of the staff employed in the refuelling service.
9.3
In case of damage to the Watercraft, its equipment or accessories, the procedure pursuant to Art. IV of these GTC shall apply.
9.4
The Lessee may hand over the Watercraft to the designated port and disembark even before the expiry of the term of the lease of the Watercraft. However, early return of the Watercraft does not give rise to the Lessee’s right to a discount on the price of the package tour or other compensation
X. Delay in returning of the Watercraft by the Lessee
10.1
If, for reasons on the part of the Lessee, the Watercraft is not returned to the Lessor in the set manner and within the set deadline, the Lessor becomes entitled to a performance corresponding to twice the daily rent for each day of delay (or a part of the day exceeding 2 hours) until proper return of the Watercraft.
10.2
In the event of a delay exceeding 24 hours, the Lessee is obliged to pay a contractual penalty corresponding to the amount of the rent that would be charged to other lessees upon the proper return of the Watercraft.
10.3
If the Lessee decides to interrupt or terminate the navigation in a port other than the port specified in the Contract, the period necessary for the transfer of the Watercraft exceeding the term of the lease shall be treated the same as a late return of the Watercraft. The costs of transfer of the Watercraft to the port designated for its return shall be borne by the Lessee.
10.4
Unfavourable weather conditions do not give rise to a justified reason for a delay in returning the Watercraft, because the Lessee is obliged to regularly monitor weather forecasts during the entire period of navigation and must take these conditions into consideration in order to achieve a timely return of the Watercraft.
XI. Damage, failures, accidents and repairs
11.1
In the event of damage, breakdown or accident, the Lessee (or the captain, if they are not the same person) is obliged to inform the Lessor of this fact without delay; the Lessee may continue the navigation, unless this would cause further damage or expose persons and the Watercraft to additional risk.
11.2
The Lessee may not carry out any repairs without the Lessor’s prior consent. The necessary expenses for repairs and assistance paid by the Lessee shall be reimbursed to the Lessee upon handover of the Watercraft by the Lessor on the basis of a bill submitted by the Lessee, unless the damage was caused by the Lessee him/herself. The Lessee must exercise this claim immediately upon handover of the Watercraft on the basis of a bill submitted by the Lessee; otherwise, the Lessee’s entitlement to reimbursement of the costs of repairs shall be waived.
11.3
In case of a failure of the engine, transmission, switches, sails, batteries, or alternator not caused by the Lessee, where said failure results in the inability to use the Watercraft for a period longer than 12 hours (except for the first night after the breakdown, non-working days and the day before a non-working day), the Lessor is obliged to provide the Lessee with a substitute Watercraft or some other reasonable compensation.
11.4
The Lessee may request repairs or assistance every day only between 8:00 a.m. and 6:00 p.m.
11.5
In the event of a breakdown, accident or other damage resulting from a breach of an obligation of the Lessee or some other person onboard the Watercraft, the procedure pursuant to Art. IV of these GTC shall apply.
11.6
The Lessor is not liable for any damage and loss of property on the part of the Lessee and other persons onboard.
XII. Maintenance of the Watercraft
12.1
The Lessor is obliged to provide for any and all repairs of defects of the Watercraft caused by force majeure events and usual wear and tear, as well as any hidden defects of the Watercraft and its parts.
12.2
The Lessee is obliged to maintain the Watercraft in the condition in which he/she received it, taking into account the usual wear and tear. The Lessee is obliged to perform proper maintenance of the Watercraft (in particular refill oil, take proper care of the engine, batteries, winches, sails, etc.) and act diligently so as to prevent any damage to the Watercraft. The Lessee is obliged to cover the costs of maintenance of the Watercraft at his/her own expense.
12.3
The Lessee shall deal with urgent repairs through the procedure pursuant to Art. XI. of these GTC.
XIII. Operating the Watercraft and obligations of the captain
13.1
The captain is obliged to have the relevant licence for operating the Watercraft. The choice of the captain is conditional on the Lessor’s consent; for this purpose, the Lessor may request to see the captain’s licence for operating the Watercraft. If the Lessor concludes that the designated captain does not have a sufficient licence to operate the given type of the leased Watercraft, the Lessor may request that the Lessee appoints a different captain. In case of a dispute, the case will be decided by a member of the arbitration committee appointed pursuant to Art. 4 D.M. of 4 March 1977 serving with the maritime authority responsible for the port where the Watercraft is handed over to the Lessee. If the Lessee refuses to find a substitute for the captain, the Lessor may prohibit the Lessee from using the Watercraft and withdraw from the Package Tour Contract in accordance with Art. 4.6 of the General Terms and Conditions.
13.2
The captain is obliged to follow the instructions of maritime authorities if, for any reason whatsoever, it prohibits sea navigation (due to bad weather conditions, other hazards in the area, etc.). If weather and sea conditions exceed No. 5 on the Beaufort scale, the captain must not leave port; in case the conditions appear while the Watercraft is at sea, the captain must head to the nearest port or safe anchorage. If the anchorage is located near the coast, the captain is obliged to secure the Watercraft so that it is under control, according to the place and situation.
13.3
The captain is obliged to register in the boat log the arrival in/departure from port, atmospheric conditions, and the number of hours in the day during which the Watercraft’s engine was in operation. If the term of the lease of the Watercraft exceeds 10 days, the captain is obliged to report the location of the Watercraft to the Lessor (by telephone, fax, telex or telegram) every 7 days.
13.4
Furthermore, the captain is obliged to notify the Lessor by the above-specified means and without delay of any accidents, breakdowns, damage and anomalies occurring onboard the Watercraft.
13.5
In serious cases where damage is caused to multiple watercraft or in cases of severe injuries, the captain is obliged to notify the competent port authority, which shall draw up a record so that it can be handed over to the Lessor to be forwarded to the insurance company.
13.6
If the Lessee and the captain of the Watercraft are not the same person, the captain shall be independently, and severally with the Lessee, liable for any damage incurred as a result of breach of his/her obligations set out in this Article XIII.
XIV. Insurance
14.1
The Lessor agrees to take out insurance against the usual risks of navigation at its own expense. The Lessor provides for third-party liability insurance related to the operation of the Watercraft according to the provisions of the Italian legislation regarding the lease of recreational watercraft and the related insurance ceilings.
A copy of the insurance contracts is given to the Lessee when the Watercraft is handed over to the Lessee. These contracts are regulated by the general terms and conditions Mod. 61501T23 of JanMar available on the website of the insurance company Generali Italia S.p.A. .
Upon Clients‘ requests, insurance ceilings will be communicated.
At least 10 days before the tour begins, the Lessee may integrate the above mentioned insurance policies, in order to extend the risk coverage, increase the ceilings and apply any modification allowed by the insurance company, bearing the full cost of such additions.
14.2
The insurance policies pursuant to paragraph 14.1 do not include a health insurance. In this respect, the Lessor recommends that the Lessee take out this insurance for the whole term of the lease at his/her own expense.
14.3
The Lessee is obliged to pay to the Lessor the damage not covered by the insurance which was caused by the Lessee or other persons present onboard the Watercraft, as well as a part of the indemnification that exceeds the performance stipulated by the insurance contract.
The Lessee agrees to inform all passengers of what is stated above with regard to the insurance policy, and to communicate them that the insurance can be modified at their own expense.
XV. Request for assistance/towage
The Lessee and the captain are directly responsible for the obligations related to towage and assistance requested by other watercraft, except for cases where the persons onboard are exposed to a real danger and the integrity of the watercraft is threatened as a result of events which are not due to facts and omissions by the Lessee or/and the Captain.
XVI. Force Majeure
For the purposes of these GTC, force majeure means, without limitation, events and situations independent of the will of the Lessee and the Lessor, including strikes, corporate disputes, civil unrest, coups, invasions, war, fire, explosion, sabotage, piracy, storms, rainfall, natural disasters, epidemics, health emergencies, stranding, collisions at sea, that are not caused by the conduct of one or more people.
XVII. Sublease and assignment of the lease agreement
The Lessee is prohibited from subleasing the Watercraft and may not assign the lease agreement to another person.
XVIII. Personal data protection and GDPR
18.1
The provisions of Art. X. of the General Terms and Conditions “A” shall apply analogously to the handling of personal data.
18.2
By executing the Package Tour Contract, the Lessee grants his/her consent to a potential satellite monitoring of the Watercraft by the Lessor during the term of the lease of the Watercraft.
XIX. Clause on the choice of law, interpretation of arrangements and prorogation clause
19.1
Everything that is not expressly stipulated in these GTC shall be governed by the laws of Italy.
19.2
In case of uncertainty in the logical and verbal interpretation of these GTC or discrepancies between the individual language versions, the interpretation of the Italian wording shall prevail.
19.3
By executing the Package Tour Contract, the Parties expressly agree that any disputes arising in connection with the Contract on the lease of the watercraft and its GTC shall be resolved exclusively by the Court of Justice in Latina, Italy.
