Privacy Policy

Privacy Policy of Azimut Yachts Website

This document can be printed for reference by using the print command in the settings of any browser.

Policy Summary

Personal data processed for the following purposes and using the following services

Contacting the user

  • Mailing List or Newsletter
    Personal Data: email address
  • Contact form
    Personal Data: country; county; email address; first name; last name; phone number; state; various types of Data; ZIP/Postal code.

Hosting and backend infrastructure

Location based interactions

  • Non – continuous geolocation
    Personal Data: geographic position.

Analytics

  • Google Analytics 4 (Google Ireland Limited) with anonymised IP and Facebook ads conversion tracking (Facebook pixel)
    Collected Data: usage data.

Displaying content from external platforms

  • Video Vimeo
    Collected Data: usage data.

Contact information

Owner and Data Controller

Azimut Benetti S.p.A.
Via M. Coppino 104
55049 Viareggio (LU)
Owner contact email: infoprivacy@azimutbenetti.com

Types of Data collected

Among the types of Personal Data that this Website collects, by itself or through third parties, there are: Usage Data; email address; first name; last name; phone number; country; state; county; ZIP/Postal code; geographic position.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific information about Personal Data Processing displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.

Unless specified otherwise, all Data provided by the Users is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by this web site or by the owners of third-party services used by this Website are described in the Cookie Policy.

Mode and place of the processing data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organisational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which the Owner is subject.

Place

The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Retention time

The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected upon Owner’ consent shall be retained until the consent withdrawal or until Owner’ request of cancellation.
  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed or until the expiration of the rights limitation period, if longer.
  • Personal Data collected for the purposes of fulfilment of legal obligation shall be retained until the term of such legal obligation.

Once the retention period expires, Personal Data shall be deleted.

Detailed information on the processing of personal data

Personal Data is collected for the following purposes and using the following services:

Contacting the user

  • Mailing list or newsletter (this Website)

By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this Website.

Personal Data processed: email address.

  • Contact form (this Website)

By filling in the contact form with their Data, the User authorises this Website to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.

Personal Data processed: country; county; email address; first name; last name; phone number; state; various types of Data; ZIP/Postal code.

Hosting and backend infrastructure

This type of service has the purpose of hosting Data and files that enable this Website to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Website.

  • Google Cloud Storage (Google Ireland Limited)

Google Cloud Storage is a hosting service provided by Google Ireland Limited.

Collected Data: various types of Data as specified in the privacy policy of the service (https://cloud.google.com/terms/cloud-privacy-notice?hl=eng).

Place of processing: Germany – Privacy Policy.

  • Location based interactions

Non-continuous geolocation (this Website)

This Website may collect, use, and share User location Data in order to provide location-based services.

Most browsers and devices provide tools to opt out from this feature by default. If explicit authorisation has been provided, the User’s location data may be tracked by this Website.

The geographic location of the User is determined in a manner that isn’t continuous, either at the specific request of the User or when the User doesn’t point out its current location in the appropriate field and allows the application to detect the position automatically.

Personal Data processed: geographic position.

Analytics

  • Google Analytics 4 with anonymised IP (Google Ireland Limited)

Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilises the Data collected to provide to the Data Controller anonymous report about the website performance.

Google may use the Data collected to contextualise and personalise the ads of its own advertising network.

This integration of Google Analytics anonymises your IP address. It works by shortening Users’ IP addresses within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the complete IP address be sent to a Google server and shortened within the US.

Personal Data processed: Usage Data.

Place of processing: Ireland – Privacy Policy – Opt Out.

Facebook Ads conversion tracking (Facebook pixel) (Meta Platforms Ireland Limited)

Facebook Ads conversion tracking (Facebook pixel) is an analytics service provided by Meta Platforms Ireland Limited that connects data from the Meta advertising network with actions performed on this Website. The Facebook pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Audience Network.

Personal Data processed: Usage Data.

Place of processing: Ireland – Privacy Policy

Displaying content from external platforms

This type of service allows you to view content hosted on external platforms directly from the pages of this Website and interact with them.

This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

  • Video Vimeo (Vimeo, LLC)

Vimeo is a video content visualisation service provided by Vimeo, LLC that allows this Website to incorporate content of this kind on its pages.

Personal Data processed: Usage Data.

Place of processing: United States – Privacy Policy.

The rights of users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data;
  • object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below;
  • access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing;
  • verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected;
  • restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it;
  • have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner;
  • receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof;
  • lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

Cookie Policy

This Website uses Trackers. To learn more, the User may consult the Cookie Policy.

Additional information about data collection and processing

Legal Action

The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.

The Owner may be required to reveal personal data upon request of public authorities.

Additional Information about User’s personal data

In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “do not track” requests are handled

This Website does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honour the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Website and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilised by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilised to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilised by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User

The individual using this Website who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

This Website (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this Website as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookie

Cookies are Trackers consisting of small sets of data stored in the User’s browser.

Tracker

Tracker indicates any technology – e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting – that enables the tracking of Users, for example by accessing or storing information on the User’s device.

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to this Website, if not stated otherwise within this document.

Latest update: 14 April 2023

OUR CONCIERGE IS AT YOUR DISPOSAL

If you wish, a dedicated concierge will be glad to assist you in making the reservation of the Charter of your favourite Azimut yacht.

I declare that I have read the privacy notice of Azimut Benetti S.p.A.

* Mandatory fields
An error occurred, try again later
THANK YOU FOR YOUR INTEREST.

We have received your request. We will contact you as soon as possible.

WANT TO KNOW MORE?

Fill in the form to receive more information on Privacy Policy or visit the dedicated Support page.

I declare that I have read the privacy notice of Azimut Benetti S.p.A.

* Mandatory fields
An error occurred, try again later

Thank you for your interest

We have received your request. We will contact you as soon as possible.

Close
AZIMUT CHARTER CLUB AGREEMENT

CLAUSE 1 – SCOPE

1.1 The Owner agrees to let the Yacht to the Charterer and not to enter into any other Agreement for the Charter of the Yacht for the same period.

1.2 The Charterer agrees to hire the Yacht and shall pay the Charter Fee, the Advance Provisioning Allowance (A.P.A.), the Security Deposit and any other agreed charges, in cleared funds, no later than the dates and to the Stakeholder’s Clients Account specified in this Agreement.

CLAUSE 2 – DELIVERY AND RE-DELIVERY

2.1 The Owner shall at the beginning of the Charter Period deliver the Yacht free of encumbrance to the Departure Port in compliance with its flag state requirements and the Charterer shall take delivery in full commission and working order. The Yacht shall be insured, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and lifesaving equipment (including life-jackets for children if any are carried in the Charterer’s Party), as required by the Yacht’s registration authority and fitted out as appropriate for a Yacht of her size and type and enabling the Charterer to use the Yacht as set out in Clause 13. The Owner does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area.

2.2 The Charterer shall re-deliver the Yacht to the Owner at the Return Port free of any debts incurred for the Charterer’s account during the Charter Period and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The Charterer may, if he wishes, re-deliver the Yacht to the Return Port and disembark prior to the end of the Charter Period but such early re-delivery shall not entitle the Charterer to any refund of the Charter Fee.

CLAUSE 3 – CRUISING AREA

3.1 The Charterer shall restrict the cruising of the Yacht to within the Cruising Area and to within regions in the Cruising Area in which the Yacht is legally permitted to cruise. The Charterer shall also restrict time under way to an average of six (6) hours per day, unless the Captain, at his sole discretion, agrees to exceed this time.

3.2 The Captain and/or Dealer will make all reasonable efforts to accommodate the Charterer’s request for a berth, but in any case the Captain and/or Owner and/or Dealer and/or Stakeholder (if applicable) cannot be held liable for the unavailability of the berth.

CLAUSE 4 – MAXIMUM NUMBER OF PERSONS – RESPONSIBILITY FOR CHILDREN – HEALTH OF THE CHARTERER’S PARTY

4.1 The Charterer shall not at any time during the Charter Period permit more than the Maximum Number of guests on Board plus, at the sole discretion of the Captain, a reasonable number of visitors whilst the Yacht is securely moored in port or at anchor, or as permitted by the appropriate authority.

4.2 If children are taken on board, the Charterer shall be fully responsible for their conduct and entertainment and no member of the Crew shall be held responsible for their conduct or entertainment.

4.3 The Charterer warrants the medical fitness of all members of the Charterer’s Party for the voyage contemplated by this Agreement. The Charterer undertakes to have all necessary visas and vaccinations for the countries to be visited for himself and his guests.

CLAUSE 5 – CREW

5.1 The Dealer shall provide a Captain qualified in accordance with the Yacht’s flag state requirements and acceptable to the insurers of the Yacht. He shall also provide a suitably qualified and properly trained Crew. The Captain and Crew shall comply with the laws and regulations of any country into whose waters the Yacht shall enter during the course of this Agreement. The Crew is entitled to a minimum amount of rest in accordance with the Yacht’s Code of Practice, which includes the Maritime Labour Convention (MLC) 2006.

5.2 The Captain and Crew are bound at all times to keep all information related to this Charter, the Owner, the Charterer, and all guests as confidential and no information is to be disclosed to any third party without prior permission of the Charterer in writing.

CLAUSE 6 – CAPTAIN’S AUTHORITY AND RESPONSIBILITIES

6.1 The Captain shall comply with all reasonable orders given to him by the Charterer regarding the management, operation and movement of the Yacht, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might, in the reasonable opinion of the Captain, result in the Yacht moving to any port or place that is not safe and proper, or might result in the Charterer failing to re-deliver the Yacht upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of any clause of this Agreement. Further, without prejudice to any other remedy of the Owner and of the Dealer, if, in the reasonable opinion of the Captain, the Charterer or any of his guests fail to observe any of the provisions in Clause 13 and if such failure continues after the Captain has given due and specific warning to the Charterer in writing in respect of the same, the Captain shall inform the Dealer/Owner, and the Dealer/Owner may terminate the Charter forthwith or instruct the Captain to return the Yacht to the Return Port and upon such return the Charter Period shall be terminated. The Charterer and his guests shall disembark, the Charterer having settled all outstanding expenses with the Captain beforehand and the Charterer shall not be entitled to any refund of the Charter Fee.

6.2 With particular regard to the use of watersports equipment, the Captain shall have the authority to exclude the Charterer or any or all of his guests from use of any particular watersports equipment if they are unsafe, or behaving in an irresponsible manner, or are under the influence of alcohol, or are failing to show due concern for other persons or property when operating this equipment.

6.3 The Captain shall immediately notify the Owner, the Dealer and the Stakeholder of any breakdowns, disablements, crew changes, accidents, or other significant incidents that occur during the Charter Period.

CLAUSE 7 – OPERATING COSTS

7.1 The Charter Fee includes the charter of the Yacht with all its equipment in working order; tools; stores; cleaning materials and basic consumable stores for engine room, deck, galley and cabins; laundry of ship’s linen; the Captain’s fee and crew’s wages, uniforms and food; the insurance of the Yacht and crew as per Clause 16.

7.2 The Charterer will pay the Advance Provisioning Allowance (A.P.A.), which includes, but is not limited to, shoreside transport; fuel for the main engines and generators; fuel for tenders and water sports equipment; food and all beverages for the Charterer and his guests; berthing dues and other harbour charges including pilots’ fees, local taxes, divers’ fees, customs formalities and any charges for waste disposal, charges for water and electricity taken from shore; ships’ agents’ fees where applicable; personal laundry; Charterer and his guests’ communications and internet use; and hire or purchase costs of any special equipment placed on board at the Charterer’s request.

7.3 In addition to the A.P.A., payment for extraordinary expenses such as special requirements or equipment, shoreside transport or excursions or any other expenses not customarily considered part of the Yacht’s operating costs may be required to be paid, via the Stakeholder’s Clients Account in advance or to the Captain on boarding.

7.4 Having paid the A.P.A. via the Stakeholder’s Clients Account, the Charterer shall be advised by the Captain, at intervals, as to the disbursement of the A.P.A. and shall, if the balance remaining becomes insufficient in the light of current expenditure as supported by receipts, pay to the Captain a sufficient sum to maintain an adequate credit balance. The Dealer shall ensure the Captain will exercise due diligence in the expenditure of the A.P.A. Any charges or fees related to the transfer of the A.P.A. to the Yacht are for the Charterer’s account. Exchange rates, if applicable, cannot be guaranteed.

7.5 Prior to disembarkation at the end of the Charter Period, the Captain shall present to the Charterer a detailed account of expenditure, with as many supporting receipts as possible, and the Charterer shall pay to the Captain the balance of the expenses or the Captain shall repay to the Charterer any balance overpaid, as the case may be.

7.6 Payment by cheque, credit card or other negotiable instrument is not normally acceptable due to the itinerant nature of the Yacht’s seasonal schedule and the Charterer should therefore ensure that he has sufficient funds available to cover all foreseeable expenses or arrange to deposit additional funds with the Stakeholder.

CLAUSE 8 – DELAY IN DELIVERY

8.1 If, by reason of force majeure (as defined in Clause 21), the Owner fails to deliver the Yacht to the Charterer at the Departure Port at the commencement of the Charter Period and delivery is made within forty-eight (48) hours of the scheduled commencement date, or within one tenth (1/10th) of the Charter Period, whichever period is the shorter, the Owner shall pay to the Charterer a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed the Owner shall allow a pro rata extension of the Charter Period.

8.2 If by reason of force majeure the Owner fails to deliver the Yacht within forty-eight (48) hours or a period equivalent to one-tenth (1/10th) of the Charter Period, to the Departure Port, whichever period is the shorter from the due time of delivery, the Charterer shall be entitled to treat this Agreement as terminated. The Charterer’s exclusive remedy will be to receive immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement. Alternatively, if the Parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time.

CLAUSE 9 – DELAY IN RE-DELIVERY

9.1 If re-delivery of the Yacht is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the Charterer.

9.2 If the Charterer fails to re-deliver the Yacht to the Owner at the Return Port due to intentional delay or change of itinerary against the Captain’s advice, then the Charterer shall pay forthwith to the Owner via the Stakeholder’s Clients Account demurrage at the daily rate plus fifty percent (50%) of the daily rate. The Charterer shall be liable for all operating costs as per Clause 7 and indemnify the Owner for any loss or damage which the Owner shall suffer by reason of deprivation of use of the Yacht or cancellation of, or delay in delivery under any subsequent Charter of the Yacht.

CLAUSE 10 – CANCELLATION BY CHARTERER – MISSED PAYMENT OF ANY AMOUNT DUE BY CHARTERER

10.1 Should the Charterer exert his right to discretional cancellation within fourteen (14) days from reservation, he will be fully refunded with the Reservation Deposit paid. Should the Charterer express the intention not to continue with the Charter on or at any time before the commencement of the Charter Period, the other Parties in this Agreement will have right, proportionally, to retain partially or totally the Charter Fee as follows:

  1. i) After this Agreement has been signed and the First Instalment paid but before the Second Instalment becomes due, all other Parties shall be entitled to retain proportionally 50% of the Charter Fee portion of the First Instalment.
  2. ii) After payment of the First Instalment and expiration of the term of payment of the Second Instalment, all other Parties shall be entitled to retain proportionally 100% of the Charter Fee portion of the First Instalment.

iii) After payment of the First and Second Instalments but with no show of the Charterer, all other Parties shall be entitled to retain proportionally 100% of the Charter Fee portion of the First Instalment.

10.2 Should the Charterer fail to pay, after having been given written notice by the Owner, any amount due under this Agreement, the Owner reserves the right to treat this Agreement as having been repudiated by the Charterer and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation.

10.3 Notwithstanding the Stakeholder’s, Owner’s and Dealer’s right to receive or retain all payments referred to above, whether due to cancellation or non-payment, the Owner shall be under a duty to mitigate the Charterer’s loss and in the event that the Owner is able to re-let the Yacht for all or part of the Charter Period under this Agreement, the Owner will give credit for the net amount of charter hire arising from such re-letting after deduction of all commissions and other consequential expenses arising from such re-letting. The Owner shall use his best endeavours to re-let the Yacht and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the Yacht, its reputation, the Dealer’s Crew or its schedule may be refused.

If, prior to the date of cancellation, the Yacht has taken on provisions for the Charter, or has utilised the A.P.A. as set out on Page One of this Agreement, then the Charterer shall pay for these expenses unless all or part can be either refunded by the supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. The Captain and Owner shall be under a duty to mitigate these expenses where possible.

10.4 If, after signature of this Agreement, the Owner is adjudged bankrupt or, in the case of a company, a liquidator, receiver or administrator is appointed over all or part of the Owner’s assets, the Charterer shall be entitled to cancel the Charter and all monies paid to the Owner, his agent or the Stakeholder pursuant to this Agreement shall be refunded without further deduction.

CLAUSE 11 – CANCELLATION BY OWNER

11.1 The Owner shall guarantee the availability of the Yacht for the Period of Charter. Any breach of this obligation constitutes a breach of this Agreement and entails the Owner’s exclusive liability for any incurred damages. In particular, the Agreement will be deemed as terminated towards the Owner with forfeiture of any rights accrued in favour of the Owner and the Charterer shall be entitled to immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement, save his right to claim other consequential liquidated damages from the Owner.

11.2 If the Stakeholder and/or the Dealer are able to arrange for another Charter at the same conditions, the Agreement will be amended accordingly via an Addendum, otherwise it shall be deemed as terminated with respect to all Parties.

CLAUSE 12 – BREAKDOWN OR DISABLEMENT

12.1 If after delivery the Yacht shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Yacht by the Charterer for a period between twelve (12) and forty-eight (48) consecutive hours or one tenth (1/10th) of the Charter Period, whichever is the shorter (and the disablement has not been brought about by any act or default of the Charterer) the Owner shall make a pro rata refund of the Charter Fee for the period of the disablement or, if mutually agreed, allow a pro rata extension of the Charter Period corresponding with the period of disablement. If the Charterer wishes to invoke this clause he shall give immediate notice to the Captain directly, (or via the Dealer). The Charterer shall not be liable for extra costs relating to the immobilisation of the Yacht but will remain liable for normal expenses during the period of disablement.

12.2 In the event of the actual or constructive total loss of the Yacht or if the Yacht is disabled as aforesaid for a consecutive period of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever is shorter, the Charterer may terminate this Agreement by notice in writing to the Owner via the Stakeholder or to the Captain if no means of communication is available. Within two (2) working days after such termination, the Charter Fee shall be repaid by the Owner pro rata without interest for that proportion of the Charter Period outstanding after the date and time on which the loss or disablement occurred. In the event of such termination the Charterer may redeliver the Yacht by giving up possession of the Yacht where she lies. The Charterer shall be entitled to recover from the Owner the reasonable cost of returning the Charterer and his guests to the Return Port together with reasonable accommodation expenses incurred.

12.3 Alternatively, after a consecutive period of disablement of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever the shorter, and dependent on the nature and seriousness of the disablement, by mutual agreement the Charterer may elect to remain on board for the duration of the Charter Period and the Charterer will then have no further or additional claim against the Owner.

CLAUSE 13 – USE OF THE YACHT

13.1 The Charterer shall comply, and shall ensure that the guests comply, with the laws and regulations of any country into whose waters the Yacht shall enter during the course of this Agreement.

The Charterer shall ensure that no pets or other animals are brought on board the Yacht without the consent in writing of the Owner.

The Charterer shall ensure that the behaviour of the Charterer and his guests shall not cause a nuisance to any person or bring the Yacht into disrepute.

The Yacht is not to be used for commercial photo or film shoots of any nature, unless by written permission from the Owner.

Unless otherwise agreed, smoking shall be restricted to the exterior areas of the Yacht designated by the Captain.

Rendezvous diving only unless otherwise noted under special conditions.

The Yacht operates a zero tolerance policy and the possession or use of any illegal drugs or any weapons (including firearms) is strictly prohibited on board the Yacht. Failure to comply shall be sufficient reason for the Owner to terminate the Charter forthwith without refund or recourse against the Owner, Stakeholder or Dealer.

13.2 The Captain shall promptly draw the Charterer’s attention to any infringement of these terms by himself or his guests, and if such behaviour continues after this warning, the Captain shall inform the Owner or Stakeholder, and the Owner may, by notice in writing given to the Charterer, terminate this Agreement in accordance with Clause 6.

13.3 If the Charterer or any of the guests shall commit any offence contrary to the laws and regulations of any country which results (i) in any member of the Dealer’s Crew of the Yacht being detained, fined or imprisoned, the Charterer shall indemnify the Dealer against all loss, damage and expense incurred by the Dealer as a result; (ii) or in the Yacht being detained, arrested, seized or fined, the Charterer shall indemnify the Owner against all loss, damage and expense incurred by the Owner as a result, and the Owner may, by notice to the Charterer, terminate this Agreement forthwith.

CLAUSE 14 – NON-ASSIGNMENT

The Charterer shall not assign this Agreement, sub-let the Yacht or part with control of the Yacht without the consent in writing of the Owner, which consent may be on such terms as the Owner thinks fit.

CLAUSE 15 – SALE OF THE YACHT

15.1 Should the Owner agree to sell the Yacht after the signing of this Charter Agreement, but before delivery to the Charterer, the Owner shall immediately, upon entering into an agreement for the sale of the Yacht, give notice of such sale in writing to the Charterer via the Stakeholder. This information shall be kept in strict confidence by all parties to the Agreements.

15.2 Should the Yacht be sold one of the following provisions will apply:

  1. i) The Owner shall arrange for the Buyer to perform the Charter on the same terms and conditions by signature of a proper assignment agreement. Where the Charter is taken over by the Buyer on the same terms and conditions there shall be no penalty against the Owner and no additional commission due to the Stakeholder.
  2. ii) If the Buyer is unwilling or unable to fulfil the Charter Agreement then this Charter Agreement shall be considered as having been cancelled by the Owner in accordance with Clause 11. All payments made by the Charterer shall be promptly repaid in full to him without deduction, save his right to claim other consequential liquidated damages from the Owner.

 
CLAUSE 16 – INSURANCE

16.1 Throughout the period of this Agreement the Owner shall insure the Yacht with first-class insurers against all customary risks for a Yacht of her size, value, and type on cover no less than is provided under Institute Yacht Clauses 1.11.85 or other recognised terms extended to provide Permission to Charter and to cover third party liability, Water Skiers liabilities together with liabilities arising from the use by the Charterer and other competent person(s) authorised by him of personal watercraft, including jet skis, wave runners and other similar powered craft as well as windsurfers, dinghies, catamarans or other water-sports equipment carried by the Yacht. The insurance shall also cover War, Strikes, Pollution. The Charterer shall remain liable for any loss, damage or liabilities arising from any act of negligence of the Charterer or his guests and not recoverable by the Owner under his insurance. Such insurance shall be on such terms and subject to such excess (deductible) as are customary for a Yacht of this size, value, and type. If the Chartering of the Yacht is not covered by the insurance coverage of the Yacht, the Owner alone shall be liable of all costs and expenses eventually charged to the other Parties in this Agreement that such extended coverage would have reimbursed.

16.2 The Dealer shall provide and include insurance of Crew against injuries and/or third party liabilities incurred during the course of their employment. The Charterer shall remain liable for any loss, damage or liabilities arising from any act of negligence of the Charterer or his guests and not recoverable by the Dealer under his insurance.

16.3 Copies of all the relevant insurance documentation shall be available on request for inspection by the Charterer prior to the Charter on reasonable notice, and shall be carried on board the Yacht.

16.4 The Charterer should carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses (including emergency transport evacuation) incurred.

16.5 The Charterer should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement.

CLAUSE 17 – SECURITY DEPOSIT

Unless otherwise provided on Page One of this Agreement, the Security Deposit shall be held by the Stakeholder on the Owner’s behalf and may be used in, or towards, discharging any damage or liability that the Charterer may incur under any of the provisions of this Agreement. If not required, as confirmed by the Captain in writing to the Stakeholder, the Security Deposit shall be refunded without interest to the Charterer on the first working day after the end of the Charter Period, or after settlement of all outstanding questions, whichever is the later.

CLAUSE 18 – SALVAGE

During the period of the Charter, the benefits, if any, from any derelicts, salvages and towages, after paying the Crew’s proportion, and a proportion of the Charter Fee during the time when the Yacht is engaged in providing salvage assistance, and expenses during this time directly related to the salvage, shall be shared equally between the Owner and the Charterer.

CLAUSE 19 – COMPLAINTS

The Charterer shall give notice of any complaint in the first instance to the Captain on board and note shall be taken of the time, date and nature of the complaint. The Captain shall inform the Dealer/Stakeholder as soon as practicable. If, however, this complaint cannot be resolved on board the Yacht then the Charterer shall give notice to the Owner or to the Stakeholder within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance, but shall be confirmed as soon as possible in writing specifying the precise nature of the complaint.

CLAUSE 20 – PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNER

20.1 All funds due by the Charterer to the Stakeholder against this Agreement shall be paid in Euros and, once paid, will be held in the Stakeholder’s Clients Account. From this amount, all sums due to the Owner and the Dealer will be deducted by the Stakeholder, by wire transfer as soon as possible after the end of the Charter Period, unless the Stakeholder has received written notice of a complaint by or on behalf of the Charterer. Once such notice of complaint has been received by the Stakeholder, the same shall be obliged to retain the thirty percent (30%) of the Charter Fee for a period of fourteen [14] business days. If during such fourteen [14] business days period the Charterer’s complaint is resolved then the Stakeholder shall pay the retained amount of the Charter Fee to the Owner. If after fourteen [14] business days neither party shall have started a lawsuit then the retained amount of the Charter Fee shall be paid by the Stakeholder to the Owner on the first working day after the fourteen [14] business days period referred to above. If a lawsuit has been filed then the Stakeholder shall retain the balance of the Charter Fee until a Court order or its judgement has been issued or the matter settled by mutual agreement between the parties.

20.2 The Advance Provisioning Allowance (A.P.A.) shall be transferred by the Stakeholder to the Captain, or to the Dealer for onward transmission to the Captain prior to embarkation, by wire transfer. Any extraordinary expenses shall either be paid upon request to the Stakeholder or directly to the Captain.

CLAUSE 21 – FORCE MAJEURE

In this Agreement ‘force majeure’ means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God or Act of Authority including orders in matters of public health due to quarantine measures or otherwise, beyond the reasonable control of the Owner, the Crew, or the Charterer (including, but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, acts of terrorism, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel, major mechanical or electrical breakdown beyond the Crew’s control and not caused by lack of maintenance and/or Owner’s or Crew’s negligence). When force majeure is invoked in relation to breakdown or disablement, the Owner will instruct the Captain or Owner’s representative to submit a detailed technical report, a copy of the Yacht’s maintenance log, if applicable, and all relevant supporting documentation to the Charterer or Charterer’s representative.

CLAUSE 22 – GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION

22.1 This Agreement and any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law.

22.2 Subject to the foregoing, each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. Unless precluded from doing so by any rule or practice direction, any such proceedings will be commenced in the London Commercial Court.

22.3 In the event of a dispute or difference arising out of or in connection with this Agreement, all parties agree that before commencing proceedings in the courts they will consider in good faith whether it would be appropriate to attempt to resolve such dispute or difference by mediation or other forms of alternative dispute resolution. Neither party shall decline a request to mediate made by the other without informing the requesting party of its reasons for refusal.

22.4 If notice of proceedings is given by either party, the Stakeholder, after receiving notification of such proceedings, shall not deal with those monies held by them without the agreement of both parties or in accordance with the order of the Court or its final judgement. The monies should be held in a designated client account. This account should be interest bearing where national banking rules permit.

CLAUSE 23 – COMMISSION

23.1 The commission shall be deemed to be earned by the Dealer and the Stakeholder upon the signature of this Agreement by the Charterer and payment of the full Charter Fee by the Charterer, but excluding running expenses, according to Clause 20 of this Agreement, whether or not he defaults for any reason including force majeure. In the event of cancellation by the Charterer, the commission shall be deducted as an expense from the sums retained.

23.2 If the Charterer should extend this Charter, the Owner shall pay commission on the gross Charter Fee for the extension, on the same basis as provided in 23.1.

CLAUSE 24 – WAIVER

The Dealer and Stakeholder in this Agreement shall have no responsibility for any loss, damage or injury to the person or property of the Owner or Charterer or any of their guests, servants or agents, and further, the Dealer and Stakeholder shall be under no liability for any errors of judgement or description or otherwise, of whatsoever nature and howsoever arising, and shall be under no further obligation, duty or responsibility to the Owner or the Charterer save as set out herein. The Owner and the Charterer shall jointly and severally indemnify and hold harmless the Dealer and Stakeholder for any loss or damage sustained by them as a result of any liability by the Dealer and Stakeholder to any third party (person, firm, company or authority) arising from promoting or introducing this Charter, assisting in the performance of this Agreement or performing the duty of Stakeholder.

CLAUSE 25 – NOTICES

Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched and properly addressed by mail or courier service or email in the case of the Owner/Stakeholder/Dealer, to each of them at their addresses as per this Agreement or, in the case of the Charterer, to his address as per this Agreement or, where appropriate, to him on board the Yacht.

I hereby sign the Azimut Charter Club Agreement

LOG IN

Access your personal area to view the details of your user profile and the status of your reservations.

Did you forget your password?
Invalid Username/Password
UNAVAILABLE DATES