Guarantee Fund

Traveler protection

This is an English translation provided for your convenience. The legally binding version is the Italian one.

These provisions govern the Guarantee Fund relating to the charter contracts for pleasure craft, commercially represented by Le Rotte di Portolano.

1. SUBJECT OF THE CONTRACT

The owner, represented for commercial purposes only by Le Rotte di Portolano, charters to the charterer the pleasure craft without crew (a skipper/hostess does not constitute a crew), as indicated in the charter confirmation notice.

2. DELIVERY OF THE BOAT

2.1 Delivery conditions

The owner shall deliver the boat on the day and at the time set out in the charter confirmation notice, in a seaworthy condition, with its appurtenances, complete with accessories, equipment and safety devices, provided with the documents required for navigation and insured, in compliance with the laws and regulations in force in the country in which the boat is registered and sails.

2.2 Inventory

Upon delivery, the owner shall provide the charterer with an inventory specifying the condition and equipment of the boat. Signing the inventory implies acknowledgement of having received the boat in good state of maintenance, suitable for the agreed use and equipped with all regulatory accessories.

2.3 Security deposit

The charterer must pay the security deposit (art. 10) in cash or by credit card.

2.4 Required documents

Upon delivery, the charterer must present:

  • Personal identification document
  • Skipper's nautical licence (if required)
  • Copy of the crew list with personal details of all persons on board

2.5 Enforceability of delivery

The obligation to deliver the boat becomes enforceable only after the charterer has:

  • Paid the full charter price
  • Paid the security deposit
  • Signed the inventory
  • Presented the required documents
3. DELAY IN DELIVERY AND FAILURE TO DELIVER

3.1 Delay in delivery

If the owner is unable to deliver the boat on the day and at the time set, the charterer is entitled to a refund of the daily rate not enjoyed.

3.2 Failure to deliver

The owner may deliver another boat with similar characteristics within 48 hours, with the obligation to refund any daily rate not enjoyed.

If the delay continues beyond 48 hours, the charterer may withdraw from the contract within the following 24 hours and shall be entitled to the full refund of the price paid.

4. COMPETENCE

Important:

Should the charterer, at the time of delivery, prove incapable of handling the boat (at the owner's unquestionable discretion), the contract shall be deemed terminated by operation of law and the price paid shall be retained as a penalty.

The owner may require the presence on board, at the charterer's expense, of an experienced skipper. In the event of refusal, the contract shall be deemed terminated and the price retained as a penalty.

5. OBLIGATIONS OF THE CHARTERER

Liability: Once delivery has taken place, the charterer is solely responsible for the boat and its equipment and is liable for any damage caused to the boat, the equipment, the crew and third parties (including guests on board).

The charterer is required to:

  • Assume all the obligations of a "Boat Master"
  • Return the boat within the time and place fixed, in its original condition
  • Declare in writing their nautical competence (upon request)
  • Know and comply with the laws on recreational boating in force in the cruising area
  • Be at least 18 years of age on the charter start date
6. USE OF THE BOAT

The charterer is required to use the boat with particular diligence, in accordance with good seamanship, correct nautical technique and the technical and structural characteristics of the boat.

The charterer undertakes to:

  • Use the boat exclusively for recreational purposes (transport of goods/passengers, professional fishing and commercial use are prohibited)
  • Comply with the maximum number of persons that may be carried
  • Comply with the authorised navigation areas and periods
  • Comply with the laws of the host country and customs and health regulations
  • Heed the port authority and notices to mariners
  • Sail only in safe weather conditions
  • Keep the boat in a proper seaworthy condition
  • Inform the owner of sailing competitions, regattas or training activities
  • Keep the navigation documents and the logbook up to date
  • Not sail in zones of war or hostilities (insurance is not operative)
  • Not sub-charter the boat
7. RUNNING COSTS

The charterer shall bear all running costs relating to the use and consumption on board for the charter period.

8. MAINTENANCE AND CARE OF THE BOAT

The charterer undertakes to:

  • Take care of the boat
  • Keep the internal and external equipment in good order
  • Keep the fittings and accessories in working order
  • Return the boat in its original condition
  • Carry out, at their own expense, the ordinary maintenance and daily care
9. DAMAGE, BREAKDOWNS, ACCIDENTS

9.1 Obligation of immediate notice

In the event of damage, breakdowns, accidents, collisions or loss of equipment, the charterer must immediately notify the owner by telephone, on pain of forfeiting the insurance cover, and send a detailed written report within 24 hours.

9.2 Continuation of navigation

The charterer may continue navigation only if continuing does not aggravate the damage nor cause danger to other boats and persons.

9.3 Refund for breakdowns

If the boat suffers breakdowns that impair its use for more than 24 hours, the charterer is entitled to a refund of the excess daily instalments, only if the breakdown does not result from the charterer's unskilful or negligent conduct.

9.4 Repairs

Any repairs must be authorised by the owner. The costs will be refunded only if the faults arise from defects of the boat. If the repairs require more than 2 days, the charterer may withdraw with the right to a refund of the charter fees not enjoyed.

10. SECURITY DEPOSIT

At the time of delivery, the charterer is required to pay the security deposit indicated in the charter confirmation as a guarantee of the performance of the contractual obligations.

10.2 The security deposit does not bear legal interest.

10.3 Failure to pay the security deposit is grounds for termination of the contract, with the price paid being retained as a penalty.

10.4 The security deposit shall be returned upon disembarkation or within one month after verifying the absence of damage, breakdowns or breaches of contract.

10.5 In the event of damage covered by insurance, the security deposit shall be returned only after settlement by the insurer.

11. INSURANCE

Insurance cover

The boat is covered by an insurance policy against:

  • Total and partial loss of the boat
  • Total and partial theft of the boat and its equipment
  • Third-party liability

The insurance does NOT cover:

  • Damage caused to the boat and its equipment by the act and fault of the charterer
  • Theft, loss or damage of property belonging to the charterer and those carried on board
  • Damage suffered by the charterer and those carried on board for matters outside the owner's responsibility
12. RETURN OF THE BOAT

12.1 Punctuality in the return

The charterer undertakes to return the boat punctually within the terms and at the port indicated. The itinerary must be planned so as to allow the return within the times established, even in the event of adverse weather conditions.

12.2 Penalty for delay

In the event of delay, a penalty equal to the daily price for every 6 hours of delay shall be applied, in addition to compensation for the damage caused by failure to deliver to the subsequent charterer.

The time required to bring the boat back to the port of delivery, if the cruise ends elsewhere, is also considered a delay. In such case, the transport/transfer costs remain at the charterer's expense.

12.3 Final inspection

Upon return, the owner and the charterer shall check the condition of the boat and draw up the inventory. The charterer is the custodian of the boat until the inventory is signed by both parties.

13. WITHDRAWAL BY THE CHARTERER AND INTERRUPTION OF THE CRUISE

13.1 Notice of withdrawal

A charterer who intends to withdraw must give prompt written notice by registered letter to Le Rotte di Portolano.

Amounts retained:

  • Before the balance payment: retention of the deposits paid or to be paid
  • After the balance payment: retention of deposits and balance

13.2 Interruption of the cruise

In the event of interruption of the cruise, the charterer shall not be entitled to any refund.

Last updated: 5 June 2026