GENERAL TERMS AND CONDITIONS

KARMA RENT BOAT

1. Bareboat Charter Agreement

 This agreement concerns the charter of a bareboat recreational craft pursuant to Articles 1571 et seq. of the Italian Civil Code and Legislative Decree 171/2005 (Italian Recreational Boating Code), between the company C.S.N. KARMA (hereinafter "Lessor") and the client (hereinafter "Lessee").

Reservations may be made via the website www.vaiconkarma.com, by telephone, or through other authorized channels, upon payment of a deposit equal to 30% of the total consideration. The booking is considered confirmed only upon the actual receipt of the deposit.

2. Delivery of the Recreational Craft

The Lessor shall deliver the vessel on the agreed day, place, and time. The Lessee is required to arrive at least 15 minutes before the scheduled time. Any delays do not entitle the Lessee to extensions or recovery of the usage time.
Delivery is subject to the prior presentation of a valid identity document, a boating license where required by current regulations, and, in the case of shared outings, identification documents for all participants.
The delivery of the vessel becomes due only after the Lessee has paid the balance of the price in full, paid the required security deposit, and signed the contract and the equipment inventory. The Lessor will provide a technical-operational briefing on the use of the craft, safety equipment, and the main navigation rules.
By signing the inventory, the Lessee declares to have inspected the state of the boat, which is delivered in good seaworthy condition, unless otherwise indicated.

3. Lessee Requirements and Liability

The Lessee must be at least 18 years of age and possess the psychological and physical requirements necessary to operate the vessel. The Lessor reserves the right to refuse delivery if manifest conditions of unfitness are observed.
From the moment of delivery until redelivery, the Lessee assumes full and exclusive responsibility for the operation, custody, and use of the craft, being liable for any damage caused to the boat, equipment, passengers, and third parties, unless the damage results from latent defects of the unit not detectable with ordinary diligence.
Any limitation of the Lessor's liability for acts attributable to willful misconduct or gross negligence remains excluded.

4. Obligations of Use

The vessel is intended exclusively for recreational use. Any different use is prohibited, including fishing, transport of goods, commercial activities, sub-leasing, or transfer to third parties.
The Lessee undertakes to respect the maximum number of passengers, current navigation regulations, the provisions of the Maritime Authorities, and the specific rules of the La Maddalena Archipelago National Park. It is forbidden to navigate in unsuitable weather conditions or in restricted areas.
Operating the vessel while intoxicated or under the influence of narcotic substances is prohibited and results in the immediate termination of the contract, without prejudice to the right to claim damages.
Pets are allowed only with the prior authorization of the Lessor and payment of the relative surcharge.

4. Security Deposit

To guarantee the contractual obligations, the Lessee is required to pay a security deposit of € 500.00, by cash within legal limits or credit card pre-authorization.
Failure to pay the deposit results in the termination of the contract for reasons attributable to the Lessee, with the retention of the deposit as a penalty, without prejudice to further damages.
The deposit will be returned within 15 working days of redelivery, following verification of the absence of damage or contractual violations. In the event of an insured claim, the refund may only take place after the insurance claim has been settled.
Should the damage exceed the amount of the deposit, the Lessor reserves the right to request full compensation for the additional damage.

6. Insurance

The recreational craft is covered by a Third-Party Liability (RCA) policy, within the limits and conditions provided by law and the insurance contract.
Damage to the boat, equipment, the Lessee, and passengers, as well as damage resulting from improper use or violation of navigation rules, are excluded from coverage.

7. Redelivery of the Craft

The Lessee is required to return the boat to the agreed place and time. In case of delay, a penalty of € 50.00 for every 30 minutes will be applied, up to a maximum equal to the daily rental cost, without prejudice to compensation for further proven damage.
Redelivery at a different location will involve the charging of recovery costs. The Lessee remains responsible for the craft until the redelivery report is signed.
The vessel may be returned without refueling; in this case, the fuel consumed will be charged at market prices plus a service fee.

8. Bad Weather, Cancellations, and Refunds

The Lessee has the burden of checking weather conditions before proceeding with the booking, especially for short-notice bookings.
For the assessment of seaworthiness, exclusive reference is made to the official weather bulletin issued by the competent Port Authority, which the parties recognize as the sole and definitive source.
Bad weather conditions objectively preventing navigation are considered those where parameters exceed the value of 4 on the Beaufort scale, or in the presence of winds exceeding 16 knots (30 km/h)and/or wave height exceeding 1 meter.
If such conditions are officially verified and result in the objective impossibility of navigating, the Lessor may propose a rescheduling of the booking or, alternatively, a voucher of equal value; a cash refund of the deposit is excluded.
If, instead, weather conditions based on the official bulletin are not objectively prohibitive, but the Lessee independently decides not to use the service, the deposit paid will be retained in full as a penalty. In the event of cancellation for other reasons, a full refund of the deposit (minus any fees) will be made only with 48 hours' notice prior to the rental date. No refunds are provided for all other cancellations.

9. Assistance and Recovery

The Lessor provides telephone assistance during the charter. In case of breakdown or emergency, the Lessee must contact the Lessor immediately. Recovery or salvage costs will be charged to the Lessee if the event is attributable to their conduct.

10. Payments

Payment is made with a 30% deposit upon booking and the balance upon delivery, using the payment methods accepted by the Lessor, within legal limits.

11. Privacy

The Lessee's personal data will be processed in compliance with EU Regulation 2016/679 (GDPR) exclusively for purposes related to the execution of the contract.

12. Applicable Law and Jurisdiction

This contract is governed by Italian law. For any dispute, the court of the place of residence or domicile of the consumer shall have exclusive jurisdiction, where applicable; otherwise, the court of the Lessor.

13. Specific Approval

The Lessee, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, declares to have read carefully and to specifically approve, by separate signature, the following clauses of this contract:

• Art. 3– Lessee requirements and liability (exclusive liability for operation, custody, and use; indemnity obligation).
• Art. 4– Obligations of use (prohibitions on improper use, navigation limits, and consequences of violations).
• Art. 5– Security deposit (amount, payment methods, retention conditions, refund terms, and compensation for exceeding damage).
• Art. 7– Redelivery of the craft (penalties for delay and recovery costs).
• Art. 8– Bad weather, cancellations, and refunds (specifically regarding the loss of the deposit, the absence of refunds in certain scenarios, and the objective criteria for assessing weather conditions).
• Art. 9– Assistance and recovery (regarding the provision that recovery costs are charged to the Lessee in the event of a breakdown attributable to their conduct).
• Art. 14– Scope of application and special regulations of the La Maddalena Archipelago National Park.
• Art. 15– Specific obligations of the Lessee within the National Park.
• Art. 16– Disclaimer of Lessor liability for Park sanctions and indemnity.
• Art. 19– Interruption of navigation due to Authority orders (excluding any right to a refund).
• Art. 12– Applicable law and jurisdiction (limited to the determination of the competent court).

The Lessee further declares that the aforementioned clauses have been the subject of specific negotiation and that their content has been fully understood and accepted.

SPECIAL SECTION
Navigation within the La Maddalena Archipelago National Park

14. Scope of Application and Special Regulations

The navigation of the recreational craft covered by this contract takes place, in whole or in part, within the protected marine area of the La Maddalena Archipelago National Park. This area is subject to special regulations pursuant to Law no. 394/1991, the Presidential Decree establishing the Park, as well as the regulations and ordinances issued by the Park Authority and the competent Maritime Authority.
The Lessee declares to have been informed of the existence of such special regulations and to accept their content in full, even if not physically attached to this contract.

15. Specific Obligations of the Lessee in the Park

The Lessee undertakes to strictly comply with all provisions in force within the Park, particularly those regarding:

• Speed and navigation limits;
• Zones of full, general, and partial protection;
• Prohibitions on anchoring, mooring, and swimming;
• Distances from the coast, beaches, and signaling buoys;
• Protection of the seabed, marine flora, and fauna;
• Prohibitions on fishing, including recreational and underwater fishing, where not permitted.

The Lessee acknowledges that the violation of even a single one of the aforementioned provisions may result in significant administrative fines, seizure of the vessel, and further legal consequences.

16. Disclaimer of Lessor Liability for Park Sanctions

Any liability arising from violations of the National Park regulations is exclusively attributable to the Lessee, as the sole party responsible for the operation and use of the vessel.
The Lessee undertakes to indemnify and hold the Lessor harmless from any sanction, claim for damages, expense, or prejudicial consequence—including legal and administrative fees—that may arise from conduct carried out during the charter in violation of the Park regulations.
Any liability of the Lessor for inspections, disputes, or measures adopted by the Park Authority or other competent Authorities is expressly excluded.

17. Anchoring, Mooring, and Stopping

The Lessee is informed that:

• Anchoring is permitted exclusively in the areas and according to the methods provided for by the Park regulations;
• In many areas, only mooring at authorized buoys is permitted;
• Anchoring on sensitive seabeds (particularly Posidonia oceanica meadows) is strictly prohibited.

Any environmental damage established, even after the redelivery of the craft, shall be attributed to the Lessee, who shall be fully liable for it under administrative, civil, and, where applicable, criminal law.

18. Environmental Briefing and Informational Value

Prior to departure, the Lessor provides an informational briefing on the main navigation rules within the Park. This activity is of a purely informational and courtesy nature and does not substitute the Lessee’s obligation to know and fully comply with current regulations.
Any incompleteness or failure to understand the information provided may under no circumstances be invoked as an excuse for liability.

19. Interruption of Navigation due to Authority Orders

If, during the charter, the Maritime Authority or the Park Authority orders limitations, prohibitions, or return orders for environmental, safety, or Park protection reasons, the Lessee is required to comply immediately.
Such occurrences do not entitle the Lessee to any refund, compensation, or price reduction, as these are events outside the Lessor's control.

20. Specific Approval Clause

The Lessee, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, declares to have read carefully and to expressly and separately approve the following clauses contained in the Special Section – Navigation in the La Maddalena Archipelago National Park:

• Art. 14– Scope of application and special regulations (application of National Park special laws and the Lessee’s obligation to fully know and respect them, even if not attached).
• Art. 15– Specific obligations of the Lessee in the Park (prohibitions, limits on navigation, anchoring, and stopping, and the relative penalties).
• Art. 16– Disclaimer of Lessor liability for Park sanctions and indemnity clause (exclusive liability of the Lessee for violations and obligation to hold the Lessor harmless from sanctions, claims, expenses, and legal fees).
• Art. 17– Anchoring, mooring, and stopping (attribution to the Lessee of all liability for environmental damage, even if established after redelivery).
• Art. 18– Environmental briefing and informational value (exclusion of any exempting or mitigating value of the information provided by the Lessor).
• Art. 19– Interruption of navigation due to Authority orders (express exclusion of any right to refund, compensation, or price reduction).
• Art. 20– Specific approval clause (closing provision of the Special Section).

The Lessee declares that the aforementioned clauses result in limitations of rights, increased liabilities, and indemnity obligations, and that their content has been fully understood and consciously accepted.