Recitals

These General Terms and Conditions of Sale (hereinafter, the “General Terms”) regulate the purchase of tours, transfers, and yacht experiences (hereinafter, the “Charter Services”) offered by Yacht Amalfi Coast (hereinafter, the “Lessor”) through its website (hereinafter, the “Website”) www.yachtamalficoast.com and by the execution of a charter contract for recreational vessels.

1. Information and intellectual property

All content displayed on the Website – including but not limited to text, graphics, photographs, audiovisual materials, as well as the textual and graphic elements incorporated into the charter contract – is the exclusive property of Yacht Amalfi Coast and is protected by applicable copyright and intellectual property laws. Any reproduction, distribution, or other use of such content without the prior written consent of the Lessor is expressly prohibited.

2. Embarkation procedures

The Vessel, namely the Cranchi A46 Luxury Tender, flying the Italian flag and registered under BNDC0823D, shall be delivered by the Lessor to the Charterer at the designated port, on the specific date and time as requested by the Charterer. The Vessel must be in perfect navigational condition, fully operational and fit for the agreed purpose, complete with proper armament and equipment, and furnished with all legally required documentation and safety devices. Moreover, it must be assigned to a Captain and, if applicable, a crew holding the professional qualifications mandated by current law.

The embarkation procedures shall be documented jointly by both the Lessor and the Charterer.

3. Delayed embarkation

Should the embarkation operations experience a delay beyond the established cut-off time:

• If such delay is attributable to force majeure and does not exceed one-tenth of the charter duration, the Lessor shall, on a proportional basis, refund the unearned portion of the Base Charter Fee or, subject to mutual agreement, grant an extension of the charter for a period equal to the delay.
• If the force majeure delay exceeds one-tenth of the charter duration, the contract shall be deemed terminated. In this event, the Lessor shall immediately refund any amounts paid, without deductions or interest, and the Charterer shall not be entitled to claim damages. Alternatively, upon mutual agreement, the Lessor may grant an extension of the charter equal to the duration of the delay.
• If the delay is not attributable to force majeure, the contract shall be considered terminated due to the Lessor’s breach. In such case, the Lessor shall immediately refund any amounts already paid, without deductions or interest.

4. Navigation area and itinerary

The Charterer shall have the right to determine the itinerary within the chosen navigation area, subject to the overall charter duration. Daily navigation shall not, on average, exceed 8 hours, unless otherwise agreed by the parties. However, the Captain may modify the itinerary to ensure navigational safety, protect the persons on board, safeguard the environment, and comply with local regulations and the vessel’s flag requirements. Whenever possible, such modifications shall be discussed with the Charterer.
Furthermore, the Captain is authorized to deviate from the established course in order to render assistance, safeguard human life or property, address unforeseen circumstances (including but not limited to refueling and provisioning needs). Nevertheless, the Vessel must remain within areas where navigation is legally permitted.
The Captain and the Lessor’s Representative shall provide the highest level of support to requests concerning mooring; however, neither the Captain, nor the Lessor or its Representative, shall be held liable should a mooring spot not be assigned.

5. Medical conditions and documentary requirements

The Charterer shall inform its Guests that, due to the inherent nature of maritime navigation, the activity may be unsuitable for persons undergoing medical treatments. The Charterer must also ensure that all Guests are physically capable for the entire duration of the charter. Additionally, the Charterer is responsible for advising Guests in advance regarding the necessary documents, visas, and vaccinations required for boarding the Vessel.

6. Use of the vessel

The Vessel may be utilized solely for recreational and touristic purposes and is strictly prohibited for any profit-making activities. Navigation must take place between designated safe ports and anchorages, ensuring that the Vessel remains afloat and secure at all times.
The possession of weapons, explosives, and controlled substances on board is strictly forbidden.
The Charterer expressly undertakes to:

• Refrain from transporting passengers or cargo, and from engaging in any commercial activity using the Vessel;
• Comply with the laws and regulations of the country whose territorial waters the Vessel is navigating during the charter period;
• Not exceed the maximum number of Guests on board, which is limited to 12 persons;
• Assume full responsibility for the supervision and entertainment of any minors on board, thereby releasing the Lessor and the crew from any related obligations;
• Not embark animals without the Lessor’s written consent.

The Charterer shall be liable for any loss, damage, or liability arising from breaches of the aforementioned provisions and shall indemnify the Lessor for any resulting consequences.

7. Services included and excluded

Services included:

• Welcome toast;
• Beach towels;
• Access to a selectable audio surround music system;
• Snacks and soft drinks;
• The possibility to board small dogs (up to two per reservation);
• The option to bring strollers on board;
• One carry-on bag per person (maximum size: 40 x 20 x 25 cm);
• Snorkeling equipment (included only in the base rate for day tours);
• The “tour” and “transfer” services may accommodate up to 12 passengers, whereas the “experiences” service is limited to 6 passengers, including children and adolescents;
• Access to the cabin with a sleeping room is exclusively reserved for the crew;
• Access to the indoor shower is prohibited to passengers.

Services excluded:

• Photography and video services;
• Meals and beverages not expressly included;
• Additional services available upon request subject to a supplementary charge;
• Extra onboard services, payable upon request.

8. Disembarkation procedures

Disembarkation shall take place at the location, on the date, and at the time mutually agreed upon by the Lessor and the Charterer. The Charterer may request an earlier disembarkation at the same location before the charter expires, without any entitlement to a refund for the unused period. Disembarkation operations must be documented jointly by the Lessor and the Charterer.

9. Payment terms

Charter bookings are subject to availability and the prices confirmed at the time of booking. All prices are inclusive of VAT and fuel surcharges. Should the individual cost increase by more than 10% or should new taxes be introduced, the Lessor reserves the right to update the rates, subject to prior notice to the Charterer.
The Charterer shall be responsible for remitting to the Lessor:

• The Base Charter Fee, which varies according to the services and destinations selected by the Charterer;
• Positioning charges;
• The Additional Services Fund;
• A security deposit, if applicable.

All payments relating to the Base Charter Fee, positioning charges, additional services fund, and security deposit shall be made by the Charterer in accordance with the modalities and deadlines established by the Lessor. Payment may be effected via bank transfer (using the account details provided at the time of booking) or through certified payment links (e.g., via Stripe). Additionally, the Base Charter Fee for tours may be settled by finalizing the purchase of one of the “tour” services available on the Website. All electronic payments will be managed through certified and secure systems, ensuring maximum protection of the buyer’s data.

10. Non-Payment and default

In the event of failure to pay the Base Charter Fee deposit according to the agreed procedures and deadlines, the contract shall be deemed null and void. Should the Charterer fail to pay the balance of the Base Charter Fee, the Additional Services Fund, the positioning charges, or the security deposit within the stipulated terms and conditions, the contract shall be considered terminated for default. In such circumstances, the Lessor shall be entitled to retain all amounts already received and may claim damages for any incurred losses.

11. Obligations of the lessor

During the charter period, the Lessor shall ensure compliance with all contractual obligations. In particular, navigation shall be conducted using the Cranchi A46 Luxury Tender, which is Italian-flagged and registered under BNDC0823D. Embarkation shall occur at the port selected by the Charterer, and disembarkation shall take place at the agreed port.
The itinerary defined by the Charterer shall be followed as closely as possible, remaining within the designated navigation area and respecting the agreed date and time.
The Lessor must also maintain the Vessel in impeccable navigational condition and full operational efficiency at its own expense, including all costs related to the crew (such as salaries, contributions, and other ancillary expenses). The Vessel must be insured in accordance with the provisions set forth in Clause 15.
Furthermore, the Captain shall receive instructions to promptly execute reasonable orders given by the Charterer regarding the itinerary and, together with the crew, provide customary assistance to the Charterer and its Guests. The Lessor is additionally responsible for ensuring the availability of necessary fuel for the main engines, generators, and water sports equipment, as well as for the provision of food and beverages for the Charterer and its Guests, in accordance with the Charterer’s specifications. Meals and beverages must be served according to the quality standards established by the Lessor, taking into account the Charterer’s preferences. Lastly, appropriate bath linen with regular changes must be provided, consistent with the prescribed quality standards.
The Lessor shall not be held liable for damages caused by third parties or by force majeure events during the charter period, nor for the loss of valuables, luggage, or personal items, or for injuries to persons or property occurring during said period.

12. Obligations of the charterer

• The Charterer is responsible for establishing the Vessel’s itinerary and selecting the food and beverages to be served on board, duly informing the Guests of such selections;
• The Charterer shall indemnify the Lessor for any damages or losses incurred to the Vessel, or its parts, resulting from intentional acts, negligence, or omissions by the Charterer or its Guests. In addition, the Charterer shall assume any and all liability arising from unlawful acts committed on board during the charter period, whether by the Charterer or its Guests, including, without limitation, smuggling, possession of controlled substances, weapons or explosives, willful or negligent pollution, facilitation of illegal immigration, and other illicit activities.

13. Captain and crew

The Captain is obligated to promptly comply with the Charterer’s instructions, providing all necessary assistance together with the crew. Notwithstanding, during the charter, the Captain shall retain full discretion in taking decisions aimed at ensuring navigational safety, the protection of persons on board, environmental preservation, and adherence to applicable laws.
In accordance with Clause 4, the Captain shall, as far as possible, follow the itinerary established by the Charterer. However, if the Charterer or its Guests persist in non-compliant behavior in breach of Clause 6 after a written warning, the Captain shall be entitled to direct the Vessel to the return port, thereby terminating the charter prematurely without any refund to the Charterer.
With respect to water sports equipment, the Captain is empowered to prohibit its use by any of the Charterer or its Guests if, in his reasonable judgment, they lack the necessary competence, exhibit unsafe behavior, act irresponsibly, or otherwise endanger their own or others’ safety.
Furthermore, any individual operating tenders or jet skis must possess the qualifications required by current law.
At the conclusion of the charter, the Captain shall present to both the Lessor and the Charterer a detailed report of all expenses incurred on behalf of the Charterer, accompanied by the corresponding receipts. The Charterer shall settle any outstanding amounts prior to the return of the Vessel, while any overpayments shall be reimbursed. During the charter, the Captain is also responsible for informing the Lessor of ongoing expenses and for preserving the relevant documentation.
The Captain must immediately report to the Lessor any significant events (such as damages, incidents, crew replacements, or other material circumstances). Additionally, both the Captain and the crew are required to maintain confidentiality regarding all information related to the charter, the Lessor, the Charterer, and the Guests, and shall not disclose such information to third parties without the prior written consent of the Charterer.

14. Termination of the charter contract

If, subsequent to the delivery of the Vessel to the Charterer and for reasons not attributable to the Charterer:

• The Vessel is rendered inoperative for a period not exceeding one-tenth of the charter duration due to mechanical failures, equipment breakdowns, hull damage, or other incidents, the Base Charter Fee shall be suspended from the moment of interruption until service is resumed at the same course or an equivalent point. During such period, the cost of fuel, lubricating oil, and water consumed shall remain the responsibility of the Lessor, calculated on the basis of the last refueling. The contract term shall remain unchanged, unless otherwise agreed by the parties;
• Should the Vessel be lost or the interruption exceed one-tenth of the charter duration for the aforementioned causes, the Charterer shall have the right to terminate the contract by providing immediate written notice to the Captain. In such event, any amount paid in advance for the period following the interruption or loss of the Vessel shall be refunded. Moreover, the Charterer shall be entitled to reimbursement for travel and accommodation expenses incurred in order to reach the designated disembarkation port. In these circumstances, the charter shall be deemed concluded at the location and time at which the interruption or loss occurred.

Each interruption must be formally documented in a report jointly drafted by the Captain and the Charterer.

15. Insurance coverage

The Lessor shall ensure that the Vessel remains insured for the entire duration of the charter under an “all-risk” policy. In addition, the Lessor must obtain adequate liability insurance covering third-party claims arising from the navigation of the Vessel and for the protection of passengers on board.
The Charterer shall have the right to request, prior to delivery, copies of the insurance policies for review. Should the Charterer consider the coverage limits insufficient, it must notify the Lessor in writing, which shall be obliged to adjust the limits as required; however, any additional costs incurred shall be borne exclusively by the Charterer.
Furthermore, the Charterer shall remain responsible for any damages not covered by insurance when directly attributable to its actions or those of its Guests.

16. Lessor’s right of withdrawal

In the event that the Lessor, prior to the commencement of the charter, decides to terminate the contract by notifying the Charterer in writing:

• In cases of force majeure, the Lessor shall promptly refund all amounts paid by the Charterer, without interest or damages.
• In cases of adverse weather conditions, the Lessor shall similarly refund the paid amount, without interest or damages. The final decision regarding cancellation shall be at the sole discretion of the Vessel’s Captain.
• For any other reason, the Lessor shall refund in full all amounts paid in advance, without the application of interest.

In no event shall any additional compensation be payable to the Charterer.

17. Charterer’s right of withdrawal

Should the Charterer, for any reason including force majeure, decide to cancel the contract prior to the commencement of the charter, it must notify the Lessor in writing or via the designated email address (contact@yachtamalficoast.com). In such case, the Lessor shall be entitled to retain the amounts already paid, without any obligation to compensate for damages, subject to the following refund conditions:

• Cancellations made up to 14 days prior to departure: full refund;
• Cancellations made from the 13th day up to 48 hours prior to departure: a refund of 70% or the issuance of a credit note valid for 6 months;
• Cancellations made within 48 hours prior to departure: no refund.

In the event of failure to cancel, no-show, or inability to utilize the service, no refund shall be granted.

18. Force majeure

For the purposes of these General Terms, “force majeure” shall mean any unforeseen event beyond the reasonable control of both the Lessor and the Charterer, such as natural events (acts of God) or extraordinary circumstances. Such events include, but are not limited to, actions or events attributable to political, governmental, or popular authorities, strikes, wars (whether declared or not), acts of terrorism, piracy, fires, explosions, maritime accidents, fortuitous events or mishaps, as well as mechanical failures, hull or equipment breakdowns not attributable to the Lessor.

19. Assignment of the charter contract

The Charterer is not authorized to sub-charter the Vessel or assign any rights under these General Terms without the prior written consent of the Lessor.

20. Notices and reports

All communications between the Lessor and the Charterer shall be transmitted via email to contact@yachtamalficoast.com and shall be deemed received when sent to the aforementioned address. Should the Charterer wish to lodge a complaint during the charter period, it may initially address the issue verbally with the Captain, who will assess the situation and potential resolutions. If the matter cannot be resolved on board, the Charterer must formalize the complaint in writing and send it to the Lessor, specifying the nature of the complaint within one business day from the occurrence of the event. The Lessor undertakes to provide a response within 7 business days from receipt of the complaint, ensuring that the Charterer’s personal data are handled in compliance with applicable regulations and the Lessor’s Privacy Policy.

21. Jurisdiction

Unless otherwise agreed between the Lessor and the Charterer, these General Terms of Sale shall be governed by Italian law, with particular reference to the legislation governing the charter of recreational vessels. Any dispute concerning the interpretation, execution, or application of these conditions shall be subject to the exclusive jurisdiction of the courts in Nola. Prior to initiating legal proceedings, the parties agree to attempt resolution through mediation or arbitration.

22. Processing of personal data

The Parties declare that they have received full information pursuant to Article 13 of Regulation (EU) 2016/679 (GDPR) and Article 13 of Legislative Decree no. 196 of 30 June 2003, as subsequently amended, regarding the processing of personal data, including, where applicable, data falling within the special categories referred to in Article 9 of the GDPR. The Parties further consent to the processing of such data by the Lessor solely for purposes strictly related and instrumental to the performance of this agreement. The Lessor undertakes to ensure the confidentiality, integrity, and security of the data processed, in full compliance with the applicable data protection legislation.

23. Authorization for the use of images and audio-video recordings

The Charterer freely and knowingly authorizes Yacht Amalfi Coast, along with its successors, collaborators, representatives, and licensees, to capture and use photographic images and audio-video recordings taken during the rental service. Such materials may be used, in whole or in part, for institutional, promotional, and commercial purposes, through any medium and without temporal or geographical limitations. The Charterer waives any right to compensation and acknowledges that any withdrawal of consent shall only be effective with respect to content not yet published, subject to written notice. The Company undertakes to use such materials with due respect for the personal dignity of the data subject. Processing shall take place in accordance with the GDPR, and the rights provided under the applicable data protection legislation may be exercised by contacting the Company via the contact details available on the official website: www.yachtamalficoast.it

24. Amendments to the General Terms of Sale

The Lessor reserves the right to modify these General Terms and Conditions of Sale at any time by publishing the changes on the Website. Use of the Website and/or the booking of any charter service following the effective date of such modifications shall constitute acceptance of the updated terms. The modifications shall apply to all contracts entered into after their publication. Should any provision of these General Terms be declared null or unenforceable, it shall be deemed non-applicable without affecting the validity of the remaining provisions.

 

Last updated: 17 June 2025