AtBoat

The ship's rental shall remain for the time period requested by the Charterer in the website atboat.com under the conditions included in this agreement.

The Charterer must:

1. pay to the Lessor the rental relating to the time of rental agreed in the manner and terms decided subtracted 7,0% already paid as an advance to AtBoat.com; pay, where required in the single boat's description on the website atboat.com, as security for any obligation at his expense resulting from this agreement, the security deposit back in the manner and terms decided;
2. use the ship entirely between good and safe ports anchorages where it can stay safely floating; the daily navigation can't exceed 6 hours on average, except opposite deal;
3. pay all the costs for the supply of fuel, lubricating oil, water, electricity, food and beverages for his guests and himself, the communication costs and generally all the expenditure and costs resulting from the ship's use at the hands of the Charterer and his guests;
4. bear the damage that cannot be compensated by insurer at the hands of the Charterer himself and his guests;
5. hand back the ship to the Lessor in the place and time decided and in the same good condition of its delivery, except the regular wasting, free from constraints and burden caused by obligations entrusted by the Charterer; in case repairs at the expense of the Charterer are needed, the latter will have to make it before the return.
   Furthermore the Charterer undertakes not to bring weapons, explosive material and drug on board, not even for private use; not to host on board, during navigation, people or goods at an average number exceeding the one agreed; to compensate the Lessor for any loss, damage or responsibility resulting from any infringement of the previous rules; not to sub-lease the ship, not to assign the rights resulting from this agreement, without the Lessor's written consent.

The Charterer, where so provided in the boat's description in the website atboat.com, as security for any obligation at his own expense resulting from this agreement, has to pay the security deposit back in the manner and terms decided. This amount will be held in custody by the Lessor in the manner prescribed by the laws in force and will have to be returned to the Charterer, free from financial interests, by the first working day after the end of the rental time.

The payments concerning the rental, as well as the payment of the security deposit back, have to be made from the Charterer to the Lessor in the manner and terms decided.

In case of:

1. non-payment of the advance in the manner and terms decided, this agreement will be considered invalid.
2. The Lessor and the Charterer can cancel the rental without penalty clause until 14 days before the day of the rental's beginning. If the cancellation doesn't occur within that period, the party at fault will be subject to the payment to the Broker of a penalty clause that is 30% (thirty) of the rental's amount, which will be paid 15% (fifteen) to the one damaged by the cancellation exceeding the time limit, the surplus will be retained by the Broker as expenditure incurred in advertising.

If the ship's delivery is delayed in relation to the period indicated therein:

1. for reasons of Force Majeure, for a period less than or equal to 96 (ninety-six) hours or to 1/10 (a tenth) of the rental's length, which one is the shortest, the Lessor will have to return to the Charterer the unearned pro-rata rental, or, optionally and with the agreement with the Charterer, the Lessor will have to grant to the Charterer the extension of the rental's duration for a length equal to the one of the delay in delivery.
2. for reasons of Force Majeure, for a period above 96 (ninety-six) hours or to 1/10 (a tenth) of the rental's length, which one is the shortest, this agreement will be considered solved; in this case the Lessor will have to immediately return to the Charterer any compensation paid in advance without deduction, financial interests and right to damages, or, optionally and under agreement with the Charterer, the Lessor will have to grant to the Charterer the extension of the rental's duration for a length equal to the one of the delay in delivery.
3. For whatever reason different from Force Majeure, this agreement will be considered solved for the Lessor's non-compliance; in this case the Lessor will have to immediately return to the Charterer any compensation paid in advance without deduction and financial interests, with an amount equal to 15% (fifteen) of the rental's total cost as damages and 15% to the Broker as expenditure incurred in advertising.

If the ship's return is delayed in relation to the period indicated therein:

1. for reasons of Force Majeure, this agreement will remain in force under the same conditions and the Charterer will have to pay to the Lessor a compensation equal to the original rental's instalment, determined pro-rata, for each day (or part of it) until the return, without right to damages from the Lessor.
2. For whatever reason different from Force Majeure, the Charterer will have to pay to the Lessor a compensation equal to the original rental's instalment, determined pro-rata and increased by 40% (forty percent), for each day (or part of it) until the return and, furthermore, will have to compensate the Lessor for any damage or loss as a result of the ship's unavailability or for the cancellation of a subsequent rental contract or the delay in delivery to another Charterer.

If after the delivery to the Charterer and therefore not caused by him:

1. the ship is not able to provide its services for a period of time of 24 (twenty-four) hours or 1/10 (a tenth) of the rental's length, which one is the shortest, because of mechanical failure or other systems on board, hull damage or other accidents, the rental will be suspended from the moment of the discontinuation to the moment when the ship will be able to resume the service in the same location or in an equal location; fuel, lubricating oil and water used during the discontinuation period will be borne by the Lessor and will beaccounted for the price of the last supply. The termination of the contract stays the same, except opposite deal.
2. The ship goes to waste or the recess due to the reasons cited above exceed 24 (twenty-four) hours or 1/10 (a tenth) of the rental's length, which one is the shortest, the Charterer may claim the termination of this contract by immediate written reporting to the Commander. Any fee paid in advance, from the moment of the discontinuation or loss, will have to be returned to the Charterer, who will be refunded for the travel and lodging costs for himself and his guests in order to reach the port for delivery. Under these circumstances the ship's return will take place where the discontinuation occurred or where the ship has been lost.
   The recognition of each discontinuation must occur via report, written in adversarial between the Commander and the Charterer.

If the ship is rented with crew, the Commander has to carefully follow the Charterer's orders and provide assistance to the Charterer, together with the crew, by using all means on board . The Commander must specifically: lead the ship where he will be instructed to, if wind, weather and other circumstances permit it and if the place or port is safe and suitable in his opinion; keep the logbook updated in accordance with rules; detect, through a report written in adversarial with the Charterer, the fuel amount on board on delivery and on return;

report to the Charterer, at the end of the rental,all the charges and costs supported by order and on behalf of the Charterer, because the latter has to pay to the Commander the amount not yet paid before the return or, if he paid more than he should, has to receive the respective refund.

The Lessor has to protect and keep protected the ship throughout the rental's period through insurance covering the situations of special damage third party appeal 4/4, as well as conclude a suitable insurance covering civil liability towards third parties resulting from the ship's movement and the third parties carried by the ship. The Charterer could require a copy of all the policies in order to read it before the boarding. If the Charterer is not satisfied with the coverage ceiling he will have to write a report to the Lessor, who will have to increase them up to the required limits, but the expenditure will be borne by the Charterer.
Non-refundable damage caused by the Charterer himself and his guests shall be borne by the Charterer anyway.

The net payment for rescue and assistance provided to other ships will be divided equally between the Lessor and the Charterer. All the steps taken by the Lessor in order to determine the amount of the remuneration for the rescue and to get the payment will be compulsory for the Charterer.

For the purposes of this agreement all the reasons of Force Majeure are: the acts of God or any event out of the sensible control of the Lessor and the Charterer (es.: facts of Princes, Rulers and Nation; strike; declared or not declared war; terrorism; piracy; fire; blast; navigation accident; luck or sea accident; mechanical damage, hull and on-board equipment damage other than Charterer's responsibility).

The Lessor and the Charterer acknowledge as Shipbroker the company Aba Holding srls c.f. e p.i 02773800590 located in Gaeta (LT) at Piazza Carlo III square snc, owner of AtBoat.com, the only broker of this agreement only for what concerns the business carried out in support of both parties. The commission for the Shipbroker is due in parallel with this contract's conclusion , has to be determined over the total gross rental, is paid by the Lessor even on extension of the rental's period.

The resolution of any dispute concerning this agreement will be carried out through Free Arbitral in the Sea Arbitral Chamber in Genova.
As defined in artt. 1341 e 1342 Cod. Civ. The Charterer declare that he has read, agreed and approved the clauses n. 1, 2, 3, 4, 5, 7, 9, 11, 12, 13, 14.

1. Rental's price: as stated by the Lessor within the reserved area at the time of the inclusion in the website atboat.com. VAT-inclusive price
2. Duration of the assignment (v. clause 1): for an unlimited period, but retractable at any time by the Lessor himself within the reserved area of the website atboat.com
3. Commission (v. clause 4) 7,0% (seven) VAT-inclusive in the rental's price

1. This assignment, which is not exclusive, will be valid for the period shown at “B” point above as of today.
   The Lessor will offer his boat to rent at the price shown at “A” point above.
2. Il noleggiante si impegna a noleggiare l’unità al prezzo indicato al punto “A” di cui sopra.
3. The rental's price will have to be paid by the Charterer according to the following rules:
   - 7,0% (seven%) of the rental as deposit to pay to the Broker when the boat will be booked.
   - Balance, to pay to the Lessor within the rental's beginning
4. The Lessor will acknowledge to the Broker the commission shown at “C” point above, determined on the full cost of the rental.
5. The Lessor allows the Broker to make the possible Charterer sign rental proposals, as an advance too, directed to the Lessor, and accepts them if they are in conformity with the agreed conditions (except previous booking to confirm), ensuring, if needed, the agreement of the spouse a/o of the other owners.
6. The Lessor provides all the information concerning the boat, better described in the reserved area of the website atboat.com; therefore he will:
   1. make available to the Broker all the information, as well as the documentation and the pictures useful to the ship's rental;
   2. ​ use the model contract to document the ship's rental.
7. The Broker, by signing this assignment, will support the rental of the ship by using his experience and the advertising initiatives that he will consider appropriate without the need reach an agreement with the Lessor. Furthermore the Broker will:
   1. ​ provide, upon request, all the information on the advertising and brokerage activities;
   2. ​ immediately report to the Lessor the rental's proposals received;
   3. ​ provide his assistance until the rental's beginning.
8. The Lessor and the Charterer can cancel rental without penalties until 14 days before the day of the rental's beginning. If cancellation doesn't occur within 14 days, the party at fault will be subject to the payment to the Broker of a penalty clause that is 30% of the rental's cost (thirty) of the rental's cost, which will be paid 15% (fifteen) to the one damaged by the cancellation exceeding the time limit, the surplus will be retained by the Broker as expenditure incurred in advertising
9. If the boat's availability dates designated by the Lessor change, they will have to be changed within the reserved area up to 96 hours from the unavailability report.
10. Pursuant to the D.Lgs. 185/1999, the “Lessor”,if he's a consumer, is entitled to terminate this contract up to ten working days from the signing of this agreement, without penalty clause. If the “Lessor” wants to exercise this right he has to report it by registered letter with acknowledgement of receipt up to ten days from the signature of the contract. The above reporting will have to be addressed to: Aba Holding srls – P.O. box 4 – 04024 Gaeta (LT). The reporting can be advanced within the same time-limit period also via email to the address info@atboat.com provided that it is confirmed by registered letter with acknowledgement of receipt within 96 hours.
11. The Broker is entitled to terminate this contract at any time and without penalty clause.
12. All possible disputes in connection with this agreement, including the ones concerning its validity, interpretation, execution and resolution, will be remitted to the Sea Arbitral Chamber in Genova and solved through Free Arbitral, from a referee designated in accordance with the Regulation of the Sea Arbitral Chamber in Genova that the parties declare to know and accept.

If the ship's delivery is delayed in relation to the period indicated therein:

1. for reasons of Force Majeure, for a period less than or equal to 96 (ninety-six) hours or to 1/10 (a tenth) of the rental's length, which one is the shortest, the Lessor will have to return to the Charterer the unearned pro-rata rental, or, optionally and with the agreement with the Charterer, the Lessor will have to grant to the Charterer the extension of the rental's duration for a length equal to the one of the delay in delivery.
2. for reasons of Force Majeure, for a period above 96 (ninety-six) hours or to 1/10 (a tenth) of the rental's length, which one is the shortest, this agreement will be considered solved; in this case the Lessor will have to immediately return to the Charterer any compensation paid in advance without deduction, financial interests and right to damages, or, optionally and under agreement with the Charterer, the Lessor will have to grant to the Charterer the extension of the rental's duration for a length equal to the one of the delay in delivery.
3. For whatever reason different from Force Majeure, this agreement will be considered solved for the Lessor's non-compliance; in this case the Lessor will have to immediately return to the Charterer any compensation paid in advance without deduction and financial interests, with an amount equal to 15% (fifteen) of the rental's total cost as damages and 15% to the Broker as expenditure incurred in advertising.

If the ship's return is delayed in relation to the period indicated therein:

1. for reasons of Force Majeure, this agreement will remain in force under the same conditions and the Charterer will have to pay to the Lessor a compensation equal to the original rental's instalment, determined pro-rata, for each day (or part of it) until the return, without right to damages from the Lessor.
2. For whatever reason different from Force Majeure, the Charterer will have to pay to the Lessor a compensation equal to the original rental's instalment, determined pro-rata and increased by 40% (forty percent), for each day (or part of it) until the return and, furthermore, will have to compensate the Lessor for any damage or loss as a result of the ship's unavailability or for the cancellation of a subsequent rental contract or the delay in delivery to another Charterer.

The Lessor allows the processing of his personal data according to the law 31 december 1996 n. 675. This information could be included in the databases and in the information systems of the Broker entirely for purposes related to the ship brokerage.
According to the artt. 1341 e 1342 Cod. Civ. The following clauses are specifically approved: 3), 4),5) 8) 9) e 12)