Drago Sailor charter conditions

Drago Sailor charter conditions

Unmanned boats


On delivery of the Yacht a security deposit must be released. The charter agreement will be automatically terminated if no security deposit will be released by the Charterer. In this case the Shipowner may hold the amount received by the Charterer for the yacht hire and treat such amount as liquidated damages. At the end of the Charter period, the security deposit will be returned as evidence that no damages occurred to the Yacht and there are no pending contractual obligations, even with third parties. Any damage, known by Charterer, but not communicated at the redelivery of the Yacht, or any fine issued by the Authority during the Charter period, will be recovered from the Charterer. Once the boat has been delivered, the charterer/s must declare as following if he/they intend/s to sail into Italian territorial/comunity waters or into the International waters.

OBLIGATIONS OF THE SHIPOWNER (Art. 45 of the Pleasure Boat Code)

Shipowner must deliver the Yacht and its relevant relevancies, in proper working order and in a seaworthy state, with all accessories, equipment, safety gears and navigation documents. On delivery, the Charterer must underwrite an inventory document enlisting the equipment on board. By signing the inventory, the Charterer will expressly warrant to have received the Yacht in a good state of maintenance, seaworthy and fit for the purpose; hence the Charterer cannot claim about the status of the Yacht on delivery and the Shipowner will be free from any liability in this regard. It is agreed that amongst the relevancies of the Yacht there will be those nautical charts covering the “recommended sailing areas” in consideration of the Yacht size, the sailing area to be covered during the Charter period and the existing port facilities. Said "recommended sailing area" includes: Eolian Islands, Egadi Islands, coast of Sicily, Amalfi Coast, Cilento Coast, Pontine Islands, Tuscan Archipelago, Corsica and Sardinia. The Charterer agrees to sail the Yacht only through recommended sailing area, unless authorized by the Shipowner. The delivery of the Yacht will be undertaken at place, date and time as laid down in the contract. Time necessary for the check-in and related clarifications as the use of the Yacht to be counted in the charter period. If the Shipowner is unable to deliver the designated Yacht, because of breakdown or any other reason beyond his control, the Shipowner will have the right to deliver - within 3 (three) days – another Yacht of similar characteristics and shall refund to the Charterer only the daily rate for those days the Yacht was unavailable. If the delay should be extended beyond the above-mentioned three days period, the Charterer will be entitled to apply for termination of the charter contract and shall be credited of any amount paid plus legal interests thereon, but may not claim any further costs or damages, even indirect

OBLIGATIONS OF THE CHARTERER (Art.46 of the Pleasure Boat Code)

The Charterer is obliged to use the Yacht with due diligence, skill and care, and in accordance with the technical characteristics, as laid down by the documents kept on board. Besides the Charterer is obliged to carry out all obligations undertaken by the charter agreement.

If the Charterer requires sailing outside the "recommended cruising area" as provided for under cl.4, has to be specifically authorised by the Shipowner in writing and has to use updated nautical charts of the relevant sailing areas.

The Charterer undertakes to return the Yacht on the agreed date and time at the agreed port in the same conditions in which it has been delivered, with all accessories, equipment, gears and documents received by the Shipowner.

The Charterer expressly undertakes:

  1. to use the Yacht exclusively for his/her own and enlisted crew personal purposes and not to carry cargo or passengers, nor undertake commercial activities or business;
  2. to respect the maximum number of passenger limit;
  3. to sail the Yacht exclusively within the boundaries provided by the sailing license of the Charterer;
  4. not to take part to regatta or nautical events of any kind; not to embark sports equipment like windsurf, surf, kite surf, canoe; not to practice water skiing and any similar towing leisure activity, even by means of the dinghy;
  5. not to allow to be towed or to tow other Yachts except in case of extreme emergency;
  6. to comply with the restrictions of maritime authorities in case of bad weather or danger; in all cases not to sail with sea conditions worse than force 5 (five) Beaufort even when the weather forecast so predicts, albeit at short notice. The breach of such conditions will imply the acceptance of liability by Charterer of all consequent damages and costs to the Yacht or persons aboard;
  7. in case of anchorage off the coast, to anchor the Yacht only in safe location and to secure constant control over the Yacht at any given time;
  8. to reduce sail area in accordance with the wind strength in such a manner to avoid damage;
  9. not to keep animals on board, unless so authorized by the Shipowner;
  10. not to use any cleaning materials for interior and exterior that may cause damage to the Yacht;
  11. the Charterer must pay all the expenses concerning use and consumption of the Yacht during the charter period and in particular for fuel, oils, water, electricity, harbour fees and dues, anchorage and mooring dues, local and custom taxes, pilotages, employment of radiotelephonic equipment on board.
    The Charterer binds himself to take care of the Yacht and all equipment, and to redeliver it in the same conditions at the time of delivery. Furthermore, the Charterer commits himself to do the usual maintenance of the Yacht and will be hence responsible for every damage occurred to the Yacht owing to the breach of such obligation. The Charterer could act only in his / her own name and not in the name of the Shipowner, the potential obligations related to the Yacht undertaken with third persons. The Charterer is obliged to compensate the Shipowner with all amounts paid in case of torts committed by the Crew and passengers of the Yacht during the charter period, any exception excluded.
  12. pay for the fines issued by the competent Maritime and Port Authorities during the charter, caused by deriving frm acts or omissions of the charterer or crew member. Furthermore, the charterer acknowledges and agrees to be charged of 60€ by the charter company as refund for the administrative management of the file, relative to each individual unpaid fine. The charterer authorizes also the charter company to charge the above mentioned amount to his own credit card.


If the Charterer (even for reasons beyond his will) before commencement of the hire period, intends to withdraw the charter agreement, he must immediately inform in writing the Shipowner. The Shipowner will be then entitled to withhold all payments already received by Charterer. If the Shipowner manage to finalize a different charter contract of the same Yacht for the same period, he will return to the Charterer all payments received, deducting the potential difference in the hire actually gained and all expenses incurred because of the withdrawal.

If the Shipowner, in case of damage or whatever reason not dependant on his will, can not deliver the Yacht described above, the Shipowner may replace it with another one of similar or higher characteristics, according to his only discretion. If the Yacht is replaced with another Yacht of lower characteristics, the Shipowner shall refund the Charterer with the difference of hire.


The Charterer is bound to enter the delivery harbour within 16:00 hrs. on the day before the agreed day of redelivery and to return the Yacht within 08.00 hrs. of the following day, having already settled all costs of the Charter period. The Charterer is liable for failing to return the Yacht at the agreed time and place, even in case of damage or accident causatively connected to his/her or passengers fault or negligence. The cruising itinerary must be planned in such manner to guarantee the punctual redelivery of the Yacht at the agreed time, taking into consideration the possibility to deliver the Yacht before in case of adverse weather conditions. If the Charterer is unable to fulfil these obligations, he/she is obliged to pay to the Shipowner a pre-liquidated damage equal to twice as much as the daily hire rate agreed for each day or part of the day in excess of two hours, besides any costs and damages due to the delay such as, for example but not limited to, the accommodation costs of the following Charter crew for the same Yacht. The same rule will be applied in case the Yacht is returned to a different harbour than the agreed one. In this case, all the additional expenses due to the transfer of the Yacht to the agreed redelivery harbour are to be charged to the Charterer. If the charterer does not provide to refuel the boat, he is aware of the payment of the amount of € 60.00 to the charter company as refund for expenses to transfer the boat from the mooring to the fuel station and back. The charterer authorizes also the charter company to charge the above mentioned amount to his own credit card.


In case of damage or accident or failure or anomalies occurred on board the Charterer must immediately inform the Shipowner. Navigation may proceed only if it could be reasonably excluded that damage will not increase nor will the crew and the Yacht be put in danger. No repairs can be undertaken without the written authorization of the Shipowner. The expenses necessary for the repairs that will be authorised and advanced by the Charterer will be reimbursed only if the damages have not been caused by himself or the passengers. Whenever the Yacht, provided no fault is attributable to Charterer and only during navigation inside the  recommended sailing area under cl.4, suffers breakdowns to engine, transmission inverter, running and fixed rigging, sails, batteries and alternator that have not been caused by negligence and this will prejudice the full use of the Yacht for more than consecutive 12 hours, except the first night after the accident, the Shipowner  shall credit to Charterer the relevant hours of navigation not enjoyed in the form of a note of credit, without any right to claim further damage or reimbursement. Such time bonus may be enjoyed by Charterer, at the only discretion of the Shipowner, at the end of the charter period or in a subsequent charter.

No time bonus may be granted to the Charterer in case of damages to: echo-sounder, boiler, log, fridge, bilge system, dinghy, outboard, anchor windlass, hi-fi, autopilot and every other equipment not necessary for navigation. Any request for reimbursement shall be made by the Charterer directly to the Shipowner within the day of redelivery of the Yacht. Beyond such time limit or if the claim is made to other people than the Shipowner, the Charterer will forfeit all reimbursement claims.

Parties agree that the Shipowner may repair or arrange assistance during the Charter period between 08.00 hrs. and 20:00 hrs. only. It is understood that the expenses for repairs and assistance not attributable to the Shipowner’s fault according to the terms of charter agreement must be paid by the Charterer at the current market rates, plus materials.


The Yacht is insured under an “Coverage for damage to the pleasure craft”, is also insured with a third party liability cover, compulsory by law, in respect of involuntary damages caused to third parties during navigation. The insurance contract will not cover: loss or damage of the Charterer's belongings or those one of the passengers. In any case, all damages due to Charterer’s fault not covered by the insurance policy or within the deductible will be for his only account, as follows:

  1. if the charterer is not allowed to conduct the boat according to positions in force, neither has he named a conductor with these references
  2. in case of boat used for sailing school, during the student’s practice, in case that at his side there is not a qualified person to conduct the role according to positions in force
  3. in the case of a boat conducted by a person under the influence of alcohol and drugs in violation of the positions in force;
  4. In case of boat used for the activity of hydrosciatoria, towing of parachutes, ascension or hang glider
  5. in the case of the will of the charterer or of any person to whom the pleasure craft is entrusted in any capacity, of the family members, members or employees of the aforementioned persons, the charterer and the crew of the pleasure craft
  6. Serious fault of the charterer or of any other person to whom the pleasure craft is entrusted in any capacity
  7. Insufficiency of the measures and / or mooring, anchoring and protection systems of the pleasure craft itself;
  8. in case of failure to comply with the rules of the navigation code.

In no case whatsoever and any kind of damage to itself and to third parties, the charterer may make claims against the owner.


The present contract is governed by Italian Law. Whenever the present contract has been translated into another language different from Italian, the Italian version will prevail.


Potential duties of registration of charter agreement or whatever other relevant expense related to charter agreement will be on Charterer's account.