RENTAL AGREEMENT FOR RECREATIONAL CRAFTS (RUBBER BOATS)
With this private agreement, to be valid for all legal purposes, between the undersigned:MOLO77 Srls, a Company with registered office in Piombino Via U.Dini n.5 P.I. 01920600499,represented by Mr. Filippo Ceccarelli, hereinafter referred to as LESSOR COMPANY and
Mr/Ms ____ born in ____ on ____S.S.N ____ Resident in ____Street Address and nr. _____ Identity document ____Nr.____ Issued by ____ on ____Boat License nr° ____ issued on ____ expiring on ____ (please attach copy herewith) hereinafter referred to as CLIENT.
THE FOLLOWING IS AGREED:
Art.1: Object of the contractThe LESSOR COMPANY grants for rental the boat as indicated in Annex 1 to the CLIENT.The rental is intended to run from __09:00__ of the day ____ and up to __18:00__ of the day ____ for a total of n ° ____ days. Upon expiry, the CLIENT undertakes to return the rented boat to the delivery mooring , taking care, at their own expenses and duty, that the boat is in the same conditions of use, maintenance and refuelling as at the time of delivery (as described). The CLIENT tacitly accepts that the LESSOR COMPANY can exercise a recourse for compensation for the sole purpose of recovering any sums necessary to restore the rented boat.
Art.2: The commander of the rented boat (SKIPPER)The CLIENT declares that the boat indicated in this contract will be conducted by him/her (and only him/her) in the capacity of SKIPPER and commander of the boat itself, pursuant to the Navigation Code. The commander also declares to accept the boat and confirms that it is in perfect condition ready for navigation, and that he/she has read the documents on board the boat and the limitations and clarifications indicated therein. The CLIENT undertakes not to transfer the boat to third parties for any reason.
Art.3: Crew list (CREW LIST)The CLIENT declares that the following crew members are on board the rented boat, for a total of nr.____ people excluding the commander (SKIPPER)
The CLIENT, under his/her own responsibility, declares that no parties other than those specified above will be embarked. The CLIENT expressly declares to take total responsibility, in accordance with current regulations, with respect to the events and to the damages that may occur to third parties on board and better listed in the crew list or to third parties and third parties’ property.
Art.4: Equipment (Inventory).The boat given for rent is equipped with all essential accessories for navigation, documents, safety equipment, taxes and insurance in accordance with Italian law and with the necessary equipment; The CLIENT declares to have read the above and to have personally checked the presence of said documents and equipment. The unit is also equipped with a GPS device that allows the vehicle to be located at any time and allows the easy localization and recovery of the vehicle itself in the event of breakdown or running out of fuel. The CLIENT declares that they have read the above and that they have personally verified the presence of the aforementioned documents, equipment and facilities. The LESSOR COMPANY will deliver the boat on the day and time previously agreed, perfectly efficient and in a seaworthy state, with its pertinences, complete with accessories, equipment, and safety equipment, with the necessary documents for navigation. Upon taking delivery, at Marina harbor in Piombino, the LESSOR COMPANY will provide the CLIENT with an inventory specifying the conditions of the rubber boat and its equipment. When returning the boat, the CLIENT shall prove, at their own expense, that all the equipment and documentation referred to in the aforementioned inventory is returned together with the boat, in conditions of perfect efficiency or at least equal to those shown in the inventory. The signing of the inventory by the CLIENT implies that they acknowledge they received the boat in a good state of maintenance, suitable for the agreed use and equipped with all the regulatory accessories. The boats are rented with a full tank of fuel. The subsequent refueling will be on the CLIENT’s account. In case of non-fulfillment of this obligation by the CLIENT, upon return, any costs for the refueling of the missing liters will be charged, plus a supplement of € 50,00 by way of reimbursement of refueling costs.
Art.5: Delivery and return of the boat (Boat Return).The rental begins on the day and time of delivery of the boat to the CLIENT and ends on the day and time of the return of the boat to the LESSOR COMPANY. In case of delay in the return of the boat, the CLIENT must contact the LESSOR COMPANY's office by telephone within 15 minutes after the expiry of the rental period. In case of delay, the CLIENT agrees to pay the LESSOR COMPANY the additional sum of € 100,00 if the delay is less that one hour and the additional sum of € 200 if the delay is more than one hour.
Art.6: Use of the boat.The CLIENT is required to use the boat with particular care, and to keep it according to the good seafaring rules, the correct nautical technique, the technical-structural characteristics of the boat, as well as as indicated by the on-board documents and in compliance with agreed use. The CLIENT undertakes to:- use the boat exclusively for recreational use. It is absolutely forbidden to transport goods and passengers, to do professional fishing and to carry out any kind of trade;- respect the maximum number of transportable people indicated in this contract and shown on the specific plate affixed to the cockpit of the boat- respect the authorized areas and navigation periods and, in any case, only sail in the waters permitted for the type of boat- comply with the provisions of the port, customs, health authorities and the rules for fishing, including underwater fishing;- listen to the port authority and warnings to mariners, in particular when there are limits and prohibitions to navigation in case of bad weather and / or dangerousness for navigation;- sail only in weather conditions that guarantee total safety for yourselves and the crew;- keep the boat in a correct state of seaworthiness for the entire rental period;- not to sail in dangerous areas and in areas where navigation is forbidden, bearing in mind that in such cases the CLIENT will be held solely responsible for violations and / or for damage to things and people;- do not sublet the boat rented.
The LESSOR COMPANY declares that the boat delivered is suitable for the agreed use. The boat cannot be run:• for the illegal transport of goods (smuggling, drugs, etc.)• for commercial purposes against remunerationThe CLIENT undertakes to comply, also in the name of his/her guests, with the laws and regulations in force in the waters in which the boat will sail during the rental. The CLIENT will make sure that no animals are brought on board without the express written approval of the LESSOR COMPANY. The CLIENT will be responsible for ensuring that the behavior of the people on board do not disturb other people or may discredit the name of the boat or of the LESSOR COMPANY.
Art. 7: Rental fee.Payment of the rental fee will be made as follows: 50% upon booking to be considered as a confirmation deposit and 50% upon delivery of the boat only in cash, by credit card or ATM card. If the booking is made prior to taking delivery of the boat, payment can also be made by bank transfer, which will be considered valid only once receipt of the money has been confirmed by the bank. In the event of non-payment within the agreed terms and methods, the contract will be terminated and the LESSOR COMPANY can retain the amount previously paid to them as a deposit. In the case of an online booking via www.molo77.it, payment shall be made via Paypal or Stripe platform or by bank transfer, and the amount paid in advance and valid as the booking of the service shall be 100% of the rental cost. Upon taking delivery of the boat, the CLIENT must pay the amount as a security deposit as follows, if inclusive of Kasko insurance:
if the CLIENT does not opt for the Kasko insurance coverage (see article 10 below), the security deposit to be paid shall still be equal to € 1,500.00 (one thousand five hundred/00) This deposit, paid in order to guarantee the exact fulfilment and any damages found on the boat at the time of its return, shall not prevent the LESSOR COMPANY from claiming any greater damages. Without prejudice to the above, the deposit may be deposited in cash or by means of a credit card pre-authorization and will be returned at the end of the rental period upon careful assessment of the condition of the boat and the exact fulfilment of all obligations by the LESSOR COMPANY. In the event of cancellation by the CLIENT, communicated to the LESSOR within 5 days prior to the actual use of the boat, the LESSOR COMPANY may still retain 30% of the amount paid: in the event of cancellation communicated on the day of the rental, the LESSOR COMPANY may retain the entire amount paid.
Art. 8: Ownership of the rented asset.The ownership of the rented boat and its equipment remains always and in any case of the LESSOR COMPANY. The CLIENT acknowledges that they can never, in any way, claim any ownership rights over the rented assets. It is forbidden for the CLIENT to sub-rent, mortgage, pledge or guarantee the boat in any form, even free of charge. Should third parties exercise legal actions, seizures or executive acts of any kind, and he/she is obliged to report the fact to the LESSOR COMPANY. The CLIENT is obliged to immediately report and demonstrate with every document in their possession that the boat is not their property and that it is the subject of a rental contract and, in any case, they are obliged to notify the LESSOR COMPANY of any claims or demands by third parties within 6 hours. The CLIENT undertakes to keep a copy of this contract inside the boat and to show it to the competent authorities at their request. If due to non-compliance with this obligation the boat should be subjected to detention or seizure, the CLIENT will have to reimburse the LESSOR COMPANY for the amount of the damage suffered in addition to the fees for each day of rental, without prejudice to compensation for greater damage.
Art. 9: Repairs.In case of breakdown, malfunction or defect of any part of the boat, the CLIENT shall refrain from using it and shall do everything necessary to avoid greater damage to the boat itself, to the property, to the transported people and to third parties and / or third parties’ property. In such cases, the CLIENT must immediately inform the LESSOR COMPANY, who will arrange for the appropriate repairs or, if necessary and possible, will replace the boat. The CLIENT may arrange for the repairs to be carried out by third parties only after prior written authorization from the LESSOR COMPANY. In any case, the CLIENT undertakes not to make any changes to the rented boat.
Art. 10: Insurance coverage.The engine of the rented boat is covered by a civil liability insurance policy as required by law. Damages that may occur to the boat due to the total and partial loss of the boat, to the total and partial theft of the boat and its equipment, damage caused to the boat and to the equipment by the conduct and fault of the CLIENT are excluded from any insurance coverage, the theft, loss or damage to the property and effects of the CLIENT and the transported persons as well as the damages suffered by the CLIENT and the transported persons due to facts or acts attributable to the CLIENT's responsibility or, in any case, unrelated to the LESSOR COMPANY's civil liability.
Art. 11: Liability.The CLIENT will be responsible for any damage suffered to the boat during the rental time. By signing this contract, the CLIENT state that they are perfectly aware of the bathing ordinances and regulations in force in Italy that regulate the circulation of motor crafts and boats; consequently, the LESSOR COMPANY declines all responsibility. Furthermore, the CLIENT undertakes to hold the LESSOR COMPANY harmless from any liability for any damage to the recreational craft or to the persons transported or to third parties. The CLIENT declares to be FIT TO RUN THE RENTED BOAT. Any sanctions due to non-compliance with current legislation will be deemed to be borne by the same, paid directly or withheld from the deposit paid.
Art.12: FinesFines for offences to the maritime or civil code committed by the boat during the rental period are charged to the CLIENT.
Art. 13: Compensation for assistance, rescue and recovery.The compensation and any expenses which may arise for the recovery, towing, rescue and any assistance and rescue provided to the boat during this contract will be charged to the CLIENT except in the cases in which said operations are attributable to defects in the boat or attributable, in any other way, to the exclusive responsibility of the LESSOR COMPANY. The CLIENT undertakes to collaborate in every way to facilitate the recovery operations and to allow the LESSOR COMPANY to recover the expenses related to assistance and rescue.
Art. 14: Shipping expenses.Any costs relating to moorings, fuel, fees or other amounts imputable to navigation are not included in the rent and, therefore, are to be understood as the sole responsibility of the CLIENT.
Art 15: Termination of the contract.This contract may be terminated earlier, pursuant to art. 1456 of the Italian Civil Code, by the LESSOR COMPANY, in the event of inappropriate use of the boat by the CLIENT or in case of violation of even one of the obligations provided for in this contract pursuant to this contract. The CLIENT, in turn, may terminate the contract earlier, pursuant to art. 1456 of the Italian Civil Code, in the event that the boat and the equipment indicated in this contract are not fit for use, provided that this happens before taking delivery of the boat.
Art. 16: Reference legislation.What is not specified in this contract will be governed by the Italian legislation in force on the subject at the time of its stipulation. The parties undertake to mutually respect existing regulations.
Art. 17: Treatment of personal data.The personal data communicated to the LESSOR COMPANY will be processed as required by GDPR N ° 2016/679 of 25 May 2018, will not be disclosed to third parties and rectification, updating or cancellation can be requested by sending written notice. The data communicated to the LESSOR COMPANY will be used for the conclusion or execution of rental contracts and any related contracts for the management of payment (s) and for accounting / administrative purposes and in any case functional to the performance of this contractual relationship. These data may also be used to forward any communications subsequent to the termination of the contract or for judicial or extrajudicial purposes.
Art. 18: Jurisdiction.The LESSOR COMPANY and the CLIENT state that their addresses are the ones declared in the contract and undertake to immediately notify the counterparty in writing of any changes including changes in company name, legal status, etc. For any dispute that may arise regarding the interpretation, execution, termination of this contract, the Court of Leghorn will be competent. For anything not completed and provided for by this contract, the rules of the Civil Code or Maritime Code will apply.
Art. 19: Final provisions.The CLIENT acknowledges and approves all the indications described by the LESSOR COMPANY in this rental agreement, and also explicitly declares to know what is governed by the navigation code in force. The CLIENT, by signing this letter, undertakes to comply with all laws and regulations in force in the areas in which they intend to navigate, as well as the conditions expressed in this contract.
APPROVED AND SIGNED IN PIOMBINO on ____
The undersigned CLIENT explicitly authorizes the LESSOR COMPANY to process their personal data as required by the article. 17 of this rental agreement.
For adherence to the Unipolsai "Navigare" policy including "Kasko" guarantees referred to in article 10:
Attached is a specific inventory sheet and the regulations in force of the Harbor Master's Office signed by the parties which is an integral part of this contract.
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Signed by Molo77 – Filippo Ceccarelli
Signed On: 13/06/2023
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Document Name: RENTAL AGREEMENT
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