OBLIGATION OF THE CAPTAIN/OPERATOR OF RENTED MOTOR BOATS AND SPEED BOATS
The operator of a rented motorboat or speedboat assumes all obligations and responsibilities deriving from the applica ble legislation for the management of a ship, within the meaning of article 3 of the Public Maritime Law Code, as well as the responsibility to comply the special provisions concerning their movement, circulation and management.
The operators of high-speed boats
a) prohibit the boarding of persons who arenot able to swim or persons under the infuence of alcohol or toxic substances, b) prohibit the boarding of persons whose number is greater than that stated in the boat’s seaworthiness certificate, c) prohibit passengers from standing or sitting on the handdrail of the boat, d) operate the boat with great care and diligence, avoiding dangerous maneuvers, paying ultimate respect to safety of navigation and the avoidance of pollution of the sea and coasts, e) carry on board the original high-speed boat operator’s license, the original boats’ seaworthiness certificate and a copy of the insurance policy, which must be shown whenever requested by a competent coastquard officer, f) carry on board the applicable safety equipment, such as life-saving and fire-fighting equipment. All supplies must be ready for immediate use. Possible expiration date of safety equipment has not passed, g) apply the special port regulations, the decesions, orders and instructions of the movement, for special reasons, of the boats’ in a specific sea area or during quiet hours, h)in the event that they are responsible for an accident affecting another vessel or person, they are obliged to remain on scene of the accident and provide every possible assistance to the victim(s). They also have an obligation to immediately report the acci dent to the local coastquard authority.
High-speed boats are prohibited from sailing:
a) when adverse weather conditions prevail, b) at a distance of less than one hundred meters from th outer part of the floating buoys of article 26 of the General Port Regulation no. 20, c) at a distance of less than two hundred meters from the usual point that swimmers reach, in the sea areas not marked with floating buoys, d) at a speed of more than five knots at a distance of less than two hundred meters from the coastline, in areas where are no swimmers.
It is prohibited to operate the motor boat:
a) when adverse weather conditions prevail, b) at a distance of less than one hundred meters from the outer part of the floating buoys of article 26 of the General Port Regula tion no. 20, c) at a distance of less than two hundred meters from the usual point that swimmers reach, in the sea areas that are not marked with floating buoys, d) with a speed of more than five knots at a distance of less than two hundred meters from the coastline, in sea areas where no people swim.
Delivery-Reception of the Boat
The boat was delivered today to the Lessee in an excellet condition free from any real or other defect. The Lessee has closely examinated the boat, made a trial voyage to examine the craft found it to his/her absolute choise and preference and received it without any reservation, pursuant to the attached to the present annex of accessories. The Lessee shall return the boat to the Lessor and all the respective documentation in the same condition he/she received it and at the time and place defined above.
Conditions of use
1) The boat to be leased to the Lessee pursuant to the present is allowed to be exclusively used by the holder of the legal licence of boat operator. 2) The Lessee and all the licenced operators shall take care of the boat, monitor with diligence its mechanical condition, etc, as well as demonstrate diligence and adopt all necessary measures for the smooth and normal operation of the boat. Any repair or in general any intervention made to the boat by the licensed operators or any other third person without the prior written consent of the Lessor. 3) The boat shall not be used: a) for the transport of persons or goods with a fare. b) for the participation in racing. c) for subleasing to the third parties. d) for the transportation or transfer of heavy luggage or objects, inflammable materials, polluting or melodorous objects, drugs, weapons or any other material, the possession and transport of which is prohibited by the provisions in force or which may be likely to cause any risk to the safety of the boat, its occupants or third persons. e) if the operator is under the influence of alcohol, hallucinogens, narcotics, barbiturates or any other substance that affect the senses and ability to drive or generally if the operator finds himself/herself in asituation of reduced operating capacity and peception.
Accidents
In case of accident or any other incident (fire, theft, loss, etc.) the Lessee and the licensed operator shall follow, within 24 hours, the procedure stated below: a) Notify the port authority. b) Note the names and addresses of witnesses, as well as of any person involved in these incidents. c) Not identity any claim of third person at all. d) Communicate immediately by telephone or by any other means with the Lessor. e) Gather all relevant information from all third parties and any document or other information (e.g pictures/photos, etc.) and send it to the lessor. f) Complete and sign the respective statement (accident, etc.)
Insurance coverage
The Lessor shall ensure the boat against all risks and harms deriving from its navigation. The provided insurance coverage is valid under the codition that the boat is used in absolute accordance with the terms and provisions of the present Where this not the case the Lessee and the licensed operators are fully and exclusively accountable for the re-establishment of any potentially caused damage and have absolutely no claim against the Lessor. The Lessee and the licensed operators are fully liable and shall fully restitute any damage not covered by the respective contracts, which have been carefully checked by the latter.
Acquittal of Responsibilty
The Lessor is only liable in cases of intentional fault and serious misconduct. In all other case (including minor negligence, acts of God and force majeure) the Lessor is not be liable and does not bear any responsibility at all, while no claim could be raised against the Lessor.
Violation of the terms of the Present
In any case that the Lessee and the licensed operators violete any obligation pursuant of the present or in case that the informa tion and all other data given to the Lessor are not accurate. The Lessor is entitled following his absolute option either to remain as a party in the present contact by claiming the full restitution on any current or future damage or to terminate the present. In case of termination of the present contract the Lessor is entitled to exercise all his property and possession rights.
Jurisdiction
For any dispute deriving from the present contract, including disputes pertaining to its interpretation, the execution of the present is valid and the Courts of Chalkidiki, Prefecture of Central Macedonia are exclusively competent.
Modifications
Any modification, extension or renewal of the terms of the present shall be enforceable only if they are in writing. In witness where of the present has been done in two identical original versions, one per each contracting party, while the Lessor shall take care for the certification of the present by the competent Public Finance Department.
Personal Data
In the course of the performance of the rental process, it is necessary to collect some personal data. It is mandatory to provide all the requested information. In the absence of such information, Lessor will not be able to correctly process the Lessee;s rental. Lessor will use the Lessee’s personal data to assist him with reserving, renting and for marketing purposes. Lessor may also use disclose personal data to respond to legal requirements (e.g. request from law enforcement agencies), to enforce local policies, to claims or to protect the rights, property, or safety of others.