Terms and Conditions

PREMISE

These General Terms and Conditions of Contract (hereinafter "T&C") exclusively and comprehensively govern the contractual relationship between Aludra S.r.l., with registered office in Via Albricci 9, 20122 Milan, VAT number 03367780834, PEC aludrasrl@legalmail.it (hereinafter "Aludra" or "the Lessor"), operating under the commercial brand "Phantomlink", and the customer who books a recreational vessel charter with a skipper for recreational and tourist purposes (hereinafter "the Lessee").

Booking a charter implies the full, unconditional, and irrevocable acceptance of these T&C. Clauses expressly identified as vexatious pursuant to articles 1341 and 1342 of the Italian Civil Code and articles 33 et seq. of Legislative Decree 206/2005 (Consumer Code) are subject to specific and separate approval via a dedicated checkbox during checkout, without which the booking cannot be finalized.

Art. 1 — Subject of the contract and legal qualification of the relationship

1.1 Aludra operates a recreational vessel charter service with a skipper, pursuant to articles 47 et seq. of Legislative Decree 18 July 2005, n. 171 (Pleasure Craft Code, hereinafter "Code"), exclusively for recreational and tourist purposes. The contract involves Aludra providing the Lessee with a recreational vessel, skippered by qualified personnel provided by Aludra, for a recreational voyage along an itinerary agreed between the parties.

1.2 The service does not constitute maritime passenger transport, nor a regular line service, nor a nautical taxi, nor a chauffeured rental service within the meaning of Law No. 21 of January 15, 1992. Consequently, the regulations specific to maritime passenger transport, including the Athens Convention 1974/2002 and Regulation (EC) No. 392/2009, do not apply.

1.3 Aludra maintains exclusive availability and technical operation of the vessel for the entire duration of the charter, pursuant to art. 47 of the Code.

1.4 The itineraries, destinations, durations, and rates published on the website are for purely indicative and promotional purposes, illustrating some of the most requested destinations, and do not constitute a public offer within the meaning of art. 1336 of the Italian Civil Code nor a contractual commitment by Aludra. Each charter is subject to a specific agreement between the parties.

1.5 The maximum number of guests that can be embarked is four (4) persons, excluding crew, unless otherwise and more restrictive provisions of law, regulation or order of the competent Maritime Authority, which always take precedence.

Art. 2 — Contract conclusion procedure

2.1 The booking made by the Lessee via the website or through Aludra's official channels constitutes an irrevocable offer to enter into the charter contract. Aludra has the right to accept or reject the offer at its sole discretion.

2.2 In case of acceptance, Aludra will send written confirmation to the Lessee, upon receipt of full payment of the consideration. The confirmation will include the date, time, departure port, indicative itinerary, number of guests, and agreed consideration.

2.3 The charter contract is definitively concluded exclusively with the signing, by the Lessee, of the specific Charter Agreement at the time of boarding, drawn up in accordance with the Code and kept on board in original or certified copy for the entire duration of the charter, available to inspection bodies.

2.4 Failure to sign the Charter Agreement at the time of boarding, due to reasons attributable to the Lessee (including: refusal, failure to show up, failure to present a valid identification document, conduct incompatible with the conclusion of the contract), shall result in the consequences of a no-show as per Art. 4.

2.5 Until Aludra sends written confirmation, no commitment is assumed by the Company, regardless of any preliminary communication, quote, general availability, or negotiation.

2.6 Any modifications requested by the Lessee after confirmation are subject to Aludra's availability and its unquestionable acceptance, and may entail additional costs.

Art. 3 — Consideration, payment and invoicing

3.1 The fees indicated on the website are indicative pursuant to Art. 1.4. The actual fee due is that agreed upon at the time of booking and confirmed in writing by Aludra.

3.2 Payment of the fee is due in full at the time of booking, unless otherwise agreed in writing. The booking is not considered finalized until full payment is received.

3.3 The fee includes solely the charter of the vessel with a skipper for the agreed duration and itinerary. Excluded, unless otherwise specifically indicated, are: mooring taxes in ports other than the departure port, any port duties, extraordinary stops, route deviations requested by the Lessee, ancillary services of any kind, consumables, and shore excursions.

3.4 Any bank charges, transaction fees, or intermediation costs of payment platforms remain the responsibility of the Lessee and are not refundable under any circumstances.

Art. 4 — Right of withdrawal and cancellation by the Lessee

4.1 Exclusion of the right of withdrawal pursuant to art. 59 Consumer Code. The Lessee acknowledges that, pursuant to art. 59, paragraph 1, letter n) of the Consumer Code, the fourteen-day right of withdrawal provided for distance contracts does not apply to charters as it is a leisure service provided on a specific date or period of performance.

4.2 Notwithstanding the above, the Lessee may cancel the booking exclusively under the following conditions:

a) Cancellation communicated in writing at least fifteen (15) days before the charter date: 80% refund of the amount paid, with Aludra retaining 20% as a penalty for booking and organizational costs and non-use of the vessel. Any transaction fees remain, in any case, at the expense of the Lessee.

b) Cancellation communicated between the fifteenth and eighth day preceding the charter date: 50% refund of the amount paid.

c) Cancellation communicated between the seventh and third day preceding the charter date: 25% refund of the amount paid.

d) Cancellation communicated within two (2) days preceding the charter date, or on the same day, or failure to appear at the departure port at the agreed time, or failure to sign the Charter Agreement pursuant to Art. 2.4 (no-show): no refund, total or partial, will be due. The full consideration is retained by Aludra as a penalty for the non-use of the reserved vessel.

4.3 Any cancellation request is valid and effective only if sent in writing to Aludra's official email address or certified email (PEC). Only the date and time of receipt by Aludra will be considered valid.

4.4 The penalty stipulated in the preceding paragraph 4.2 is expressly agreed upon pursuant to art. 1382 of the Italian Civil Code and is considered adequate by the parties in consideration of the specific nature of the charter (reserved vessel, impossibility of reselling the spot, incurred organizational costs).

Art. 5 — Lessee's delay tolerance

5.1 The Lessee and guests are required to arrive at the departure port at least fifteen (15) minutes before the agreed time.

5.2 A maximum tolerance of fifteen (15) minutes is allowed from the agreed departure time. After this period, if the Lessee has not appeared, the charter will be considered not executed due to the Lessee's fault (no-show) and the provisions of Art. 4.2, letter d) shall apply in full.

5.3 Aludra is in no case obliged to wait beyond the tolerance period, nor to reschedule the time or itinerary to accommodate Lessee delays.

Art. 6 — Cancellation, delay, modification or interruption of the charter by the Lessor

6.1 The safety of guests, skipper, and vessel is an absolute and paramount value. Aludra, through the vessel's skipper, reserves the unquestionable, exclusive, and unchallengeable right to:

a) cancel the charter before departure; b) delay its departure time; c) modify the itinerary, departure or return port; d) make route deviations; e) interrupt navigation and head to the nearest safe port; f) temporarily suspend the charter,

if, in the exclusive and unquestionable judgment of the skipper, the current or forecast weather-sea conditions, the prescriptions of the competent Authorities, the state of the sea, visibility, the condition of the vessel, or any other circumstance directly or indirectly related to navigation safety or the safety of persons, make it necessary or appropriate.

6.2 The assessment referred to in the preceding paragraph is exclusively entrusted to the vessel's skipper, as responsible for safety pursuant to current legislation, and cannot be contested by the Lessee in any way.

6.3 In case of total cancellation of the charter for the reasons set forth in this article, the Lessee may choose, exclusively and alternatively, between:

a) a refund of the amount paid, net of any transaction fees, bank charges, and documented costs already incurred by Aludra in relation to the booking; b) rescheduling of the charter to another date, subject to Aludra's availability.

6.4 In the event of partial modification, deviation, change of return port, or interruption of the charter due to the causes specified in this article, the charter shall be considered regularly executed and no refund, even partial, shall be due.

6.5 Exclusion of further indemnities. Aludra shall in no case be obliged to grant the Lessee, in addition to what is provided for in paragraph 6.3, further indemnities, refunds of ancillary expenses (by way of example and not exhaustive: flights, trains, accommodation, land transfers, excursions, third-party bookings, loss of holiday days), compensation for direct, indirect, consequential, moral or pecuniary damages of any nature. The Lessee acknowledges and accepts that, considering the unpredictability of sea conditions, it is their responsibility to take out adequate travel insurance.

Art. 7 — Conduct on board, prohibitions and right of interruption

7.1 The Lessee and all guests undertake to maintain proper conduct on board, respecting the skipper and crew, other guests, the vessel, and safety regulations, as well as to scrupulously observe all instructions given by the skipper.

7.2 It is expressly and strictly forbidden:

a) to board in a state of intoxication, psychophysical alteration, or under the influence of drugs or psychotropic substances; b) to consume alcoholic beverages, drugs, or psychotropic substances on board; c) to smoke on board, unless expressly authorized by the skipper; d) to behave aggressively, harassingly, threateningly, in a manner that offends the dignity of others, or dangerously to oneself, others, the skipper, or the vessel; e) to ignore, challenge, or disregard the skipper's safety instructions; f) to possess or transport weapons, flammable materials, explosives, dangerous substances, or goods prohibited by law on board; g) to perform acts that may cause damage to the vessel or onboard equipment.

7.3 In case of violation of even one of the prohibitions referred to in the preceding paragraph, the skipper has the right, at their sole discretion, to:

a) refuse boarding, even to only one of the guests; b) interrupt the charter at any time and disembark guests at the nearest safe port, regardless of the originally agreed return port.

7.4 In both hypotheses referred to in the preceding paragraph, no refund — total or partial — shall be due, and the consideration shall be fully retained by Aludra as a penalty. Any additional costs incurred for returning to port, damages caused to the vessel or third parties, as well as any administrative penalties, shall also remain the responsibility of the Lessee.

7.5 The Lessee is jointly and severally liable, pursuant to art. 1294 of the Italian Civil Code, for the behavior and damages caused by all guests whose boarding they facilitated or invited.

Art. 8 — Voluntary early disembarkation

8.1 If the Lessee or one of the guests, for reasons not attributable to safety requirements assessed by the skipper, decides to interrupt navigation and disembark before returning to the departure port or before reaching the agreed destination, the voluntary early disembarkation is in all respects equivalent to a no-show.

8.2 No refund, total or partial, will be due and the consideration will be fully retained by Aludra. Any additional costs related to the deviation to the voluntary disembarkation port are borne by the Lessee.

Art. 9 – Physical fitness of guests and statements by the Charterer

9.1 The Charterer acknowledges that navigating fast vessels involves significant physical stress (vibrations, impacts against waves, accelerations, exposure to wind and sun, splashes).

9.2 The Charterer declares and warrants, also on behalf of all guests whose boarding they arranged, that they:

a) are in suitable psychophysical condition to undertake fast recreational navigation; b) are not affected by medical conditions incompatible with fast navigation, including, but not limited to: cardiovascular diseases, spinal column pathologies, disc herniations, severe joint diseases, severe inner ear disorders, uncontrolled epilepsy, acute psychiatric conditions; c) are not pregnant; d) do not have mobility so reduced as to make their stay on board or boarding/disembarking unsafe.

9.3 The Charterer is required to communicate in writing, during the booking phase, any health condition, disability, or special need that may affect the safety or execution of the charter. Aludra reserves the right to refuse the charter if it deems, at its sole discretion, that the reported conditions (or those subsequently verified upon boarding) are incompatible with navigation safety, resulting in the application of penalties as per Art. 4.

9.4 Aludra is in no way liable for damages, illnesses, injuries, worsening of pre-existing conditions or consequences of any nature resulting from:

a) failure to communicate, late, partial, or untruthful communication of health conditions; b) violation of the declarations made pursuant to paragraph 9.2; c) health conditions, even unknown to the Charterer, incompatible with navigation.

9.5 The Charterer indemnifies and holds Aludra harmless from any claim, request for compensation, or action that may be brought in relation to the provisions of this article.

Art. 10 – Minors

10.1 Minors are allowed to board from the age of ten (10) years completed on the date of charter, unless otherwise agreed between the parties during the booking phase.

10.2 Minors must always be accompanied by at least one parent or legal guardian, who assumes exclusive civil and criminal liability for the minor's safety, conduct, choices, and actions throughout the entire duration of the charter, including boarding and disembarking phases.

10.3 Aludra is not liable for damages, injuries, or consequences of any nature arising from the minor's behavior or from the parent's or guardian's failure to supervise.

Art. 11 – Luggage

11.1 Each guest is entitled to bring on board, unless otherwise agreed in writing:

a) one (1) main luggage with maximum dimensions of 75 × 55 × 35 cm and maximum weight of 23 kg; b) one (1) hand luggage with maximum dimensions of 55 × 40 × 20 cm and maximum weight of 10 kg.

11.2 Exceeding these limits must be communicated and authorized in writing during the booking phase. In the absence of authorization, Aludra reserves the right to refuse boarding of excess luggage, without incurring any refund or compensation.

11.3 It is forbidden to bring on board: dangerous, flammable, explosive items, weapons, harmful substances, dangerous animals, goods prohibited by law.

11.4 Limitation of liability for luggage. Aludra's liability for loss or damage to luggage is governed by the general provisions of the Civil Code applicable to charter contracts for pleasure craft, excluding the specific regulations for maritime transport of persons.

11.5 Aludra is in no case liable for:

a) damage to fragile items (electronic equipment, cameras, glasses, jewelry, musical instruments, works of art) not adequately protected by the owner; b) damage to luggage improperly stowed by the Charterer or guests despite the driver's instructions; c) shortages of cash, valuables, documents, or items of particular value not declared and entrusted for safekeeping.

11.6 It is recommended to keep valuable items under your direct custody for the entire duration of the charter.

Art. 12 – Clothing, footwear and personal items

12.1 The use of deck shoes, provided by the driver upon boarding, is mandatory on board. Refusal to wear them may result in refusal to board, with the application of penalties as per Art. 4.

12.2 Guests are recommended to wear layered clothing suitable for navigation, and to use sunglasses or protective eyewear. Hats and unsecured items may be lost during navigation: Aludra is not responsible for such losses.

12.3 Items fallen overboard. Aludra is in no case obliged to retrieve personal items, luggage or effects fallen into the water during navigation, boarding or disembarking, regardless of the cause of the fall. The Charterer and guests are solely responsible for the custody of their belongings for the entire duration of the charter and expressly accept the risk of loss, without the right to any compensation.

Art. 13 – Liability of the Charterer

13.1 Aludra performs the charter activity with the required professional diligence, in compliance with current safety regulations, Maritime Authority ordinances, and the requirements of the vessel's charter suitability certificate.

13.2 As this is a charter of pleasure craft for recreational and tourist purposes, pursuant to Articles 47 et seq. of the Code, and not maritime transport of passengers, Aludra's liability is governed by the general provisions of the Civil Code and the Pleasure Craft Code, excluding the specific regulations for maritime transport of persons.

13.3 Without prejudice to the provisions of Article 1229 of the Civil Code and within the limits permitted by law, Aludra is not liable for:

a) delays, modifications or cancellations due to force majeure, unforeseeable circumstances or safety requirements assessed by the driver; b) indirect or consequential damages, loss of opportunity, loss of profit, moral damages, damage from ruined holidays beyond the mandatory legal limits; c) defaults by third parties (port operators, marinas, Authorities, providers of ancillary services); d) conduct of the Charterer, guests or third parties not attributable to Aludra; e) consequences arising from false, inaccurate or omitted declarations by the Charterer; f) events beyond the reasonable control of the Charterer.

13.4 Aludra is covered by mandatory insurance policies required by the applicable legislation for the charter of pleasure craft. The Charterer is strongly recommended to take out, at their own expense, travel insurance covering cancellation, interruption, delay, accidents, medical expenses, lost luggage, and any other risk related to the trip. Aludra is in no case obliged to replace or supplement such coverage.

Art. 14 – Force majeure and unforeseeable circumstances

14.1 Force majeure or unforeseeable circumstances include, by way of example and not limitation: adverse weather and sea conditions, rough seas, fog, strong wind, ordinances or prohibitions by Maritime Authorities or other competent Authorities, strikes, lockouts, acts of terrorism, armed conflicts, health emergencies or pandemics, restrictions imposed by health authorities, acts of vandalism by third parties, unforeseeable technical failures despite regular maintenance, natural events, blackouts, cyber-attacks.

14.2 In the presence of such events, the provisions of Art. 6 apply in full, excluding any further liability or compensation on the part of Aludra.

Art. 15 – Processing of personal data

15.1 The Charterer's personal data is processed as described in the Privacy Policy published on the website, which forms an integral part of these T&C.

Art. 16 – Communications and complaints

16.1 All communications between the parties must be made in writing, to Aludra's official email address or to the certified email (PEC) aludrasrl@legalmail.it.

16.2 Any complaints must be submitted in writing no later than fifteen (15) days from the date of the charter, failing which they will be forfeited. Complaints received after this deadline will not be considered.

Art. 17 – Use of third parties and prohibition of assignment

17.1 Aludra reserves the right to entrust the execution of the charter, in whole or in part, to qualified third-party operators, while ensuring compliance with contractual standards and safety regulations.

17.2 The Charterer may not assign the contract or the rights deriving therefrom to third parties without Aludra's prior written authorization.

Art. 18 – Amendments to the T&C

18.1 Aludra reserves the right to amend these T&C at any time. Bookings already confirmed are subject to the T&C in force at the time of confirmation.

Art. 19 – Partial nullity

19.1 The eventual nullity or ineffectiveness of one or more clauses of these T&C does not entail the nullity of the entire contract. Null clauses are understood to be replaced, where possible, by corresponding legal provisions.

Art. 20 – Applicable law and competent court

20.1 These T&C and any dispute arising therefrom are governed exclusively by Italian law.

20.2 For any dispute arising from the interpretation, execution or termination of the contract, the Court of Milan shall have exclusive jurisdiction.

20.3 If the Charterer qualifies as a consumer pursuant to Article 3 of Legislative Decree 206/2005, the court of residence or elective domicile of the consumer, if located in Italy, shall have exclusive jurisdiction, pursuant to Article 66-bis of the same Code.

Art. 21 – Specific approval of onerous clauses

The Charterer, pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, declares to have read, understood and specifically approved — by means of a specific and separate checkbox during checkout — the following clauses:

  • Art. 1 (Indicative nature of itineraries, destinations and published rates)
  • Art. 2 (Contract conclusion procedure; effects of failure to sign the Charter Agreement)
  • Art. 4 (Cancellation and no-show penalties)
  • Art. 5 (Tolerance for delays)
  • Art. 6 (Unquestionable right to cancel, modify and interrupt; exclusion of compensation)
  • Art. 7 (Right to refuse boarding and to interrupt the charter; loss of payment)
  • Art. 8 (Voluntary early disembarkation equated to no-show)
  • Art. 9 (Declarations and indemnity relating to physical fitness)
  • Art. 11 (Limitations of liability for luggage)
  • Art. 12 (Exemption for items fallen overboard)
  • Art. 13 (Limitations of liability of the Charterer)
  • Art. 16 (Forfeiture for late complaints)
  • Art. 17 (Right to use third parties; prohibition of assignment)
  • Art. 20 (Applicable law and competent court)