Site Terms


Version updated 01.09.2023


The purpose of these site terms (“Site Terms”) is to regulate the methods of use of the following site (the “Site”), made available by Azimut Benetti S.p.A., registered in the Companies’ Register of Lucca, with registered office in Viareggio (Lucca), Via Michele Coppino 104 (“Azimut” or the “Company”). As part of its policy of fairness and transparency, Azimut invites each user who consults the Site (the “User”), before beginning navigation, to read these Site Terms carefully.

The Company reserves the right to update, supplement and amend all or part of the Site Terms, the Services, as defined below, and each of the documents referred to therein, including the Privacy Policy, the Services and their respective features, as set out below.

The User undertakes to periodically review the Site Terms, it being understood that the Company shall do everything reasonably necessary and appropriate to bring to the knowledge of the User, by means of the Site, any variation of the Site Terms.

Amendments to the Site Terms shall be effective from the time of their publication on the Site.

The Company shall inform Users of changes to the Site Terms and/or the Services, by means of publication on the Site.

Changes and updates shall be deemed accepted by Users by connecting to the Site or by using the Site after the change has been posted on the Site.

If the User does not agree with the changes made, he/she is invited not to use the Site and, if he/she is a Registered User, he/she may request the deletion of his/her Profile by sending a request to this effect by email addressed to the Company. The Company will then proceed to delete the Registered User’s Profile.


Profile: Registered User’s personal account, created following Registration and containing personal data, contact data and billing data.

Registration: the procedure whereby the User provides the Company with certain information of a personal nature, indicating a valid personal e-mail address and creating his or her own personal account, in accordance with the relevant registration procedure outlined from time to time, to enable the Company to have sufficient data to provide the Services.

Services: the Charter service concerning the chartering by a Registered User of an Azimut yacht according to the main terms and conditions as described in greater detail on the Site.

User: collectively the Visiting User or Registered User and in any case anyone who uses or is going to use or benefit from the Services and/or the Site.

Registered User: any User who registers with the Site via Registration.

Visitor User: any User browsing the Site and/or using the functionalities made available to the generality of Users, without registering with the Site.


Article 1 – Scope of the Site Terms

These Site Terms define and govern the use of the Site by the User.

Article 2 – Access to the Site

Access to the Site is free of charge. However, the equipment and any connection fees for accessing the Site shall be borne by the User.

The Site is accessible to all Users.

The navigation of certain sections of the Site are also accessible free of charge to Visitor Users. The Services are only accessible to Registered Users.

The Company reserves the right to allow, even temporarily, Visitor Users the use of the Services and access to certain areas normally reserved for Registered Users.

The User undertakes to use the Site in accordance with its purpose and in compliance with legal and regulatory provisions as well as current practices, and not to deviate or attempt to deviate any of the Site’s functionalities outside of its normal use as defined in these Site Terms.

Article 3 – Site Registration

In order to use the Services, the Registration is required.

3.1. Method of registration on the Site

In order to use the Services, the User is required to carry out the Registration aimed at creating a Profile.

The Profile is associated with each Registered User and cannot therefore be used on behalf of any other natural or legal person, nor can several Profiles be created for the same Registered User.

Access to the Profile is permitted only by means of a username and password.

The Registered User may at any time access his/her Profile to update or modify the data entered. It is understood that the Registered User will be solely responsible for the veracity and updating of such information.

In the event that the User does not complete the Registration, the User may receive a limited number of communications inviting him/her to conclude the registration process and describing the service for which the registration procedure was initiated, without prejudice to the User’s right to cancel his/her Profile from the Site by writing to with the subject “Cancellation request”.

3.2. E-mail

The Registered User undertakes to provide a personal e-mail address, which he/she guarantees is legally available and which he/she accesses regularly. The Registered User also undertakes to promptly update his/her e-mail address registered on the Profile in the event of a change. Profiles registered with an e-mail address belonging to parties other than the Registered User or with temporary e-mail addresses may be deleted by Azimut without notice.

3.3. Deleting the Profile

Registered Users may at any time request the deletion of his/her Profile by sending a request to that effect to the Company by e-mail to the address: The Company will then proceed to delete the Registered User’s Profile.

Article 4 – Site Content – Intellectual Property

All data of any nature, and in particular text, articles, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software, and features of the Site that appear on the Site are the property of Azimut and are protected by copyright. No part of the Site may be used, reproduced, represented, transmitted, fractionated, indexed or extracted by any technical process without the prior written consent of Azimut.

The User is expressly prohibited from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of the Site databases to another medium, by whatever means and in whatever form.

Article 5 – Management of Site Changes

Azimut will make every effort to ensure the proper functioning of the Site and undertakes to make it secure. Azimut does not guarantee the availability and continuity of the operation of the Site to the User.

To ensure the proper functioning of the Site, particularly in the context of ordinary and extraordinary maintenance operations, updates and technical improvements, Azimut reserves the right at any time to:

– suspend, interrupt or limit access to all or part of the Site;

– remove any information that may hinder the operation of the Site or that may be in conflict with any applicable law or regulation.

Azimut undertakes to carry out or have carried out any maintenance work necessary to restore the correct operation of the Site as soon as possible.

Article 6 – Liability

Azimut shall not be held liable for any indirect, incidental or consequential damage, whether foreseeable or unforeseeable, caused to the User or third parties and, in particular, for loss of earnings or profit, loss of data or equipment, including the costs of recovering, reproducing, repairing such losses, arising from the use of the Site.

Azimut disclaims all liability for information, data and any technical or other inaccuracies that may be contained in the Site.

In view of issues related to the saturation and/or availability of the internet network, as well as a result of ordinary and extraordinary maintenance, technical updates and content changes, access to the Site may be interrupted or restricted at any time, for reasons not attributable to Azimut and for which the latter cannot be held liable.

The Company shall not be liable for any damages resulting from inaccessibility to the Services due to problems related to the network, providers or telephone and/or telematic connections over which the Company has no control, failure and/or malfunction of the User’s electronic equipment or the Company’s suppliers.

The Company assumes no responsibility for content created or published on third party sites with which the Site has a hypertext link. The User who decides to visit a website linked to the Site does so at his/her own risk, assuming the burden of taking all necessary measures against viruses or other malware.

Article 7 – Termination and Complaints

The Company reserves the right to delete the Profile and/or not to allow the User, and/or the Register User as the case may be, access and use of the Site and the Services or any part thereof, at any time and with immediate effect, in the event of continued non-access by the User and/or in the event of breach by the User of his/her obligations under these Site Terms.

The Company also reserves the right to cease providing access to the Site, in whole or in part, at any time and with reasonable notice. In such cases, the Company shall promptly notify Registered Users and/or Users in general, by e-mail and/or by means of a notice on the Site.

For any communications or complaints, the User may contact the Company at e-mail:, or by telephone number +39 01193161.

Article 8 – Personal Data

To learn more about the collection and processing of personal data, the use of cookies and your rights in accordance with applicable data protection legislation, please see our Privacy and Cookies section.

Article 9 – Applicable Law and Jurisdiction

These Site Terms shall be governed by and construed in accordance with the laws of Italy.

Without prejudice to the case in which the regulations provided for by the Consumer Code are applicable, any disputes relating to the interpretation and application or breach of these Site Terms, including the documents referred to herein and the other legal notices published on the Site and, in general, the relations between the Company and the Users shall be deferred to the Court of Turin.

9.1 Out-of-court conciliation

Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), the Company informs the User who qualifies as a consumer pursuant to Article 3, paragraph 1, lett. a) of the Consumer Code, that in the event that he/she has submitted a complaint directly to the Company, as a result of which it has nevertheless not been possible to resolve the dispute thus arising, the Company will provide information regarding the Alternative Dispute Resolution (“ADR”) body or bodies for the out-of-court settlement of disputes relating to these Site Terms (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code).

The Company also informs the User who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called “ODR” or “Online Dispute Resolution” platform). The ODR online platform can be consulted at; through the ODR platform the consumer User can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved. This is without prejudice, in any case, to the possibility, where the conditions are met, to initiate an out-of-court settlement of disputes concerning consumer contracts through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code. The User residing in a member state of the European Union other than Italy, may also have access, for any dispute relating to the application, execution and interpretation of these Site Terms, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found at

9.2. Further Disputes

Any disputes connected with and related to the use of the Site and the Services contemplated therein, which are not susceptible to settlement through ADR entities, are reserved to the Italian jurisdiction and to the mandatory and exclusive territorial competence of the Court of Turin.


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


Fill in the form to receive more information on Site Terms or visit the dedicated Support page.

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

* Mandatory fields


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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


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

Did you forget your password?