LOCATOR

CONDUCTOR

CHAPTER I
Of the rental contract

1. Definitions – For the purposes of this contract, the following definitions apply:
   • rental of recreational craft: contract by which one of the parties undertakes, in exchange for payment, to allow the other to enjoy the recreational craft for a given period of time. The vessel passes to the independent enjoyment of the lessee who exercises navigation with it and assumes responsibility and risks;
   • lessor: a person who, in exchange for a certain fee, undertakes to allow another person to enjoy, for a given period of time, the vessel at his disposal;
   • lessee: a person who enjoys the vessel, for the period of time agreed with the lessor, in exchange for the payment of a rental fee.
2. Withdrawal of the lessee – If the lessee wishes to withdraw from the contract, he must promptly notify the lessor by registered letter with return receipt or e-mail. The lessor undertakes to return the deposit received as a deposit according to the following terms:
   • full refund of the confirmation deposit with notice of withdrawal at least 45 days before the boarding date;
   • refund of 50% of the confirmation deposit with notice at least 30 days before boarding;
   • no refund, neither of the deposit nor of the balance, with notice in the 15 days before the boarding date or during use of the unit.

   For the purposes of this article, the date of sending resulting from the postmark will be valid. In any case, any mediation fees will remain the responsibility of the lessee.

3. Withdrawal of the lessor – If the lessor wishes to withdraw from the contract, he must promptly notify the lessee and any mediator by registered letter with return receipt or e-mail. The lessor undertakes to return the amount received in payment according to the following terms:
   • full refund of what has been received for any reason with notice of withdrawal at least 15 days before the boarding date.

   For the purposes of this article, the date resulting from the postmark or the date of sending email or similar will be valid. In any case, any mediation fees will remain the responsibility of the lessor.

CHAPTER II
Of the contracting parties

4. Obligations of the shipowner - The shipowner undertakes to:
   • deliver the vessel in a navigable condition, subjected to all the necessary checks to guarantee optimal levels of safety;
   • deliver the vessel complete with all accessories, equipment and safety devices;
   • deliver the vessel with the documents necessary for navigation;
   • deliver the vessel in perfect conditions of hygiene and cleanliness;
   • provide for repairs due to force majeure or wear and tear for the normal use of the vessel according to the agreed use; also undertakes to indemnify the lessee for any costs incurred for emergency repairs carried out during the term of the contract;
   • compensate the lessee for damages resulting from a defect in the navigability of the vessel proven by technical expertise, unless it is a hidden defect that cannot be ascertained with normal diligence.
5. Obligations of the lessee – The lessee undertakes to:
   • • use the vessel within the limits of use agreed in this contract, according to the technical characteristics resulting from the certificate of navigability;
     • return the vessel in the same conditions in which it was delivered at the time of boarding, complete with all the accessories indicated in the inventory list referred to in art. 16;
     • respect the maximum number of people that can be transported;
     • not to use the vessel for commercial purposes, such as, for example, the transport of goods or people, subletting and transfer of contract;
     • navigate within the limits of the vessel's qualification also in relation to the safety equipment on board;
     • navigate within the limits of the qualification of the commander of the vessel as resulting from the nautical license;
     • communicate in advance the intention to participate in regattas or nautical competitions of any other kind;
   • do not use the unit to engage in activities that are dangerous for third parties transported and swimmers;
   • do not ask to be towed or to tow other units unless in absolute emergency;
   • do not go out into the open sea or immediately return to the nearest port or sufficiently safe place in the event of: navigation prohibited by the authorities; bad weather or dangerous sea conditions;
   • do not leave the unit unattended;
   • do not leave the territorial waters of the host country without the Owner's authorization;
   • do not use any detergent to clean the unit, external or internal, that could damage the materials;
   • call the lessor informing him of the location of the Unit at least once a week;
   • to release the lessor from any obligation arising as a result of the use of the unit.
6. Authorization to drive the unit - If the driver does not have a license, or if this is not sufficient for the planned trip, he must indicate the details of the person who will drive the unit, who will also sign this contract, assuming the related obligations. This choice is subject to the approval of the lessor who, in the absence of an agreement, may withdraw from the contract without being required to pay any fee, in derogation of what is established in art. 3 of this document.

CHAPTER III
Rental fee and additional expenses

7. Payment methods - The lessee undertakes to pay 50% of the rental fee at the time of signing the contract and to pay the balance before boarding, under penalty of cancellation of the reservation and retention of the confirmation deposit.
8. Deposit - The deposit will be returned to the user after having ascertained the non-existence of damages, contractual violations and obligations contracted during navigation. A receipt will be issued for any withholding.
9. Additional expenses - The tenant is responsible for the expenses related to the use of the vessel for the rental period. In particular, the following are at his expense: fuel, water, electricity, port dues, customs duties, anchoring and mooring costs, pecuniary and administrative penalties.
10. Crew - If the tenant intends to hire a crew to carry out on-board services, the related costs and charges are entirely at his expense. This service, in fact, is not included in the object of the rental and is not included in the relative fee.
11. Insurance - The Unit is delivered to the tenant regularly insured for third party liability, pursuant to Law 24/12/1969 n° 990. Any damage caused by the tenant during the period of use of the vessel is entirely at his expense. The insurance does not cover loss or damage to transported items.
12. Mediation fees - Mediation fees for the conclusion of this contract are the responsibility of the lessor.

CHAPTER IV
Of fulfillment

13. Delivery of the vessel - The vessel will be delivered to the lessee at the place and time established in the contract. If for any reason the lessor is unable to deliver the contracted unit, he has the right, with prior notice, including by telephone, to deliver another with similar characteristics within 4 hours with the obligation to reimburse the user for the relative hourly rate not enjoyed. If the delay lasts more than 4 hours, the lessee may request termination of the contract. In this case, the lessor will be required to return the amount paid by the lessee and to pay a penalty equal to the price agreed for one hour of rental. This is to compensate for any damage suffered or being suffered as a consequence of the aforementioned delay, expressly excluding the compensability of further damage.
14. Return of the vessel – The lessee undertakes to return the vessel at the time and place agreed in the contract. If the vessel is not returned within the agreed time, a penalty equal to double the agreed price for one hour of rental will be applied for each hour of delay, without prejudice to any greater damage suffered by the lessor.
15. Failure to use – The lessor is not responsible for failure to use the vessel in the event of: adverse weather conditions; contrary provisions of the maritime authorities; personal impediments of the user or his guests; in any event of fortuitous event or force majeure. In such cases, the rental contract will still start from the time of delivery, as indicated in this contract, and the lessor will maintain his right to the payment of the rental fee.
16. Inventory list – Upon boarding, an inventory list of all the things on board will be given to the lessee. This list must be signed for receipt by the user, who will thus confirm that he has received the unit with all the regulatory accessories and anything else indicated. Protests after delivery will not be accepted.
17. Damage, breakdowns, accidents, repairs - In the event of a breakdown or accident, the lessee is obliged to return immediately to the place of boarding. The lessee may continue navigation only if, at the sole discretion of the lessor, this will not lead to an increase in damage or danger to people or the unit. In cases where harm to the safety of the vessel and/or persons on board can reasonably be expected, the tenant may have all urgent repairs carried out after having notified the lessor and received his authorization, subject to reimbursement by the lessor of all expenses incurred by the tenant, which he will be able to document. The tenant must in any case return to the place of embarkation as soon as possible. If the time for repairs exceeds 2 hours, the tenant will have the right to request termination of the contract, with retroactive effect from the moment the breakdown occurred, obtaining the refund of the hourly fee for the rental period not enjoyed. Alternatively, given the organizational needs of the lessor, the tenant may extend the rental period beyond the expected term, recovering the hours of breakdown. The lessor, in any case, will be required to reimburse the hourly fee for the rental period not enjoyed, without the tenant being able to claim any right to further damages. In the event that repairs are necessary due to faults caused by the tenant, the tenant must carry them out before returning the property or in any case must compensate the landlord for the time necessary to carry them out which exceeds the duration of the rental contract, without prejudice to the landlord's right to compensation for any further damages. The tenant declares to waive, as in effect he waives, any and all compensation for any moral and/or patrimonial damages resulting from the failure to use the rented vessel for any reason, such waiver having been taken into account in determining the rental price.

CHAPTER V
Final provisions

18. Reference to the law - For anything not expressly established in this contract, reference is made to the current legislative provisions.
19. Disputes - Any dispute regarding the interpretation or execution of this contract will be referred to an arbitration board composed of three members, one appointed by the tenant, one by the lessor and the third chosen by agreement among the arbitrators; in the absence of agreement, the third arbitrator will be appointed by the president of the Imperia Chamber of Commerce. The arbitration panel will judge as amicable and composer with all freedom of form and procedure.
20. Registration costs - Any registration costs of this contract and any other consequential costs will be borne exclusively by the party that has made them necessary.
21. Additional clauses - Any additional clauses must be drafted, under penalty of nullity, in writing.