GENERAL TERMS AND CONDITIONS
- 1. Contractual Partner
1.1 Contractual partners are the Charter Company and the Guest as mentioned in the Contract. The Charter Company is the Owner of the craft or has the craft in lease for business reasons, chartered by the Guest or a person authorized by the latter.
2. Acceptance of the Contract and its Conditions
- The Charter Company is authorized to set up this Contract and duly sign
- The Guest confirms that he has read the Contract and that he agrees with the General Conditions of the Contract including the special characteristics of chartering a craft and with this type of sportive
- The Guest who takes over the duties master of the vessel must have the necessary nautical knowledge and skills and a valid license for sailing at open sea, as well as a confirmation of finished course on handling the GMDSS radio If the Guest does not possess the required documents, knowledge and skills, undertakes to take care of it that vessels operating exclusively traveler who has them.
- If the Guest knows in advance that he will need the services of the yacht master or skipper, he will notify the Charter Company during registration.
- The Client undertakes and declares that not later than 1 week before the start of the charter, he will submit to the Charter Company a passenger list, in addition to the booking system and the provided link with full names, address, date and place of birth, citizenship, type and number of valid identification document, and for the skipper also valid navigation license number and telephone contact number. If he does not deliver it, he is obliged to pay the fee in accordance with the current price list.
3. Charter Fee
- The charter fee encompasses technically qualified, clean boat(s) with a full tank of fuel, the use of the craft and its Extras and incidental expenses will be calculated separately and will not be taken into consideration in case of possible refunding of charter costs. The following items are not included in the charter fee: port charges, anchorages, fuel, gas, water and all expenditures for measures which are required for the proper operation of the craft during the trip. Obvious mistakes in calculating the charter fee or inadequacies do not justify exiting from the Contract; rather, corrections may be duly undertaken, based on the current list of fees and the current contractual conditions of the Charter Company. Irregularities in equipment or gear (non-correspondence with inventory or equipment lists supplied to Guest) do not authorize the Guest to make any deductions – provided safety and operation of the craft as such and functioning equipment are guaranteed.
- The charter fee must be paid in accordance with the Charter Company deadlines for each booking listed on each individual booking confirmation issued by Charter Company with agreed booking
- Prices for the use of the accommodation service on board vessels are published in Euros (€), in the current price list of the Charter company. When calculating the contracted service, the middle exchange rate of the Croatian National Bank at the date of payment is used for the calculation and includes value added tax in the amount prescribed by currently applicable regulations. The charter company reserves the right to change the price list without notice, and it shall enter into force on the day of its publication on the official website of the company
4. Journey to Location of Craft Check-in
4.1. The journey to the location is not part of the Contract. If the start of the journey is delayed because the Guest or a member of the crew arrives late, there shall be no refunding of costs. Charterer and crew are aware of the fact that they are leasing an “instrument” to exercise boating and that the terms agreed on differ from laws and regulations governing the tourist sector.
5. Check-in to the place of embarkation
- Charter Company shall organize to Guest accommodation i n a technically qualified, fully equipped vessel with a full tank of fuel, which also has to be clean, tidy and ready to sail with all necessary docume
- During taking over the vessel, the Guest must make a thorough search of the By signing the check-in list warrants existing condition and the equipment, including the underwater part of the vessel.
- .The Guest is required to pass at the Charter Company the mandatory amount of money on behalf of the deposit to ensure any possible losses or damages that may occur during the Guest stay on board The deposit must be paid in cash, by credit card which is used for pre-authorization or by deposit insurance The amount of the deposit determines Charter Company with the existing
- If the client makes the deposit amount available to the charter company by pre-authorizing the funds with a bank card, he / she gives permission to the charter company to use the card submitted number and its validity date with the data from the bank slip for payment of damage in case of its occurrence without the physical presence of the cardholder. The charter company will issue an invoice to the guest according to the estimated damage up to the deposit amount.
6. Check-in of the Craft (Check-in procedure)
6.1. The Charter Company is obliged to properly instruct the Guest or the person nominated by him (Skipper) about all technical details concerning gear and equipment, using a check-in list (inventory-list). Trial trip may also be affected. By signing the check-in list the Guest/Skipper confirms that he has taken over the craft in good condition, clean, with full tanks and fully functioning gear and Possible defects, damages or missing parts of gear and/or equipment must be laid down in writing on the Check-in list which must be signed by Charter Company and Guest.
6.2. The Charter Company may refuse check-in if safety standards do not comply with national rules and regulations or if hull, bonding deck to hull, rig, sail or steering gear are damaged to such an extent that safety of both ship and crew can no longer be In this case article 7.2 or 7.3 out of this General conditions comes to bear by agreement of the parties.
6.3. The Charter Company may refuse to hand over the craft if
- the fee has not been fully paid
- deposit has not been made or replaced by an deposit insurance
- Necessary documents are missing or insufficient (no license or a license not valid for the chartered craft, e)
- During the process of check-in or during a trial trip it turns out that the Skipper does not have the required qualification for this
6.4. In the latter case or if there are licensing problems, the journey may be started with another Skipper, expenses paid by the Gues
6.5. Defects, incorrect readings of instruments and other shortcomings of equipment and instruments do not constitute a reason for Guest to refuse boarding, interrupt navigation or submit a request for compensation – provided that i n addition to the classical methods of navigation and that safety of the vessel and crew with a good operation of the boat is not compromised. In this case the Guest is not entitled to compensation
6.6. The charter company disclaims any responsibility for the installation and use of the safety net on board. The Client accepts the fact that he uses the safety net at his own risk.
7. Delayed Check-in Procedure
- Embankment is determined by each individual Booking Confirmation and Boarding Pass for a vessel which provides Charter Company, and Guest should have during it during check
- Štete nastale posredno ili neposredno zbog krijumčarenja bilo koje vrste, ilegalnog prijelaza državne granice od strane Gosta ili osoba na brodu, ilegalna trgovina, krivolov, zabranjena navigacija i/ ili slično, a također od uzimanje i blokada koji proizlaze iz
- Štete nastale kada Gost djeluje bez bez odgovarajućeg
- If the Charter Company may not deliver the contracted vessel in the contracted place, Charter Company has a time limit of 24 hours to ensure the Guest adequate replacement (which means a vessel similar in size, equipment and instruments). If the Guest agrees to a replacement vessel is not entitled to other In the event that the Guest decided to wait replacement boat out subsequently agreed period of 24 h Charter Company will bear the cost of accommodation for the number of days he was late boarding.
- If it is an established fact before the start of the trip that neither craft nor replacement will be available on the agreed date, the Charter Company shall be obliged to inform the Guest as soon as the former knows the In this case both parties may withdraw from the Contract before the assumed start of the trip. Payments made by the Guest will be refunded as above. No further claims may be raised.
- In the event that the Guest, without notice, do not board the vessel within 24 hours of the agreed time of Charter Company is authorized to unilaterally terminate the contract, and the Guest has no right to make any claims to the Charter Company.
8. Guest’s Exiting from the Contract
8.1. If the Guest for any reason withdraws from the Contract (Charter), must immediately inform the Charter company in written (e-mail, or by post office) and both parties can find a third party to take over the rights and liabilities.
8.2. If Guest doesn’t manages to find a third party that will replace him, cancellation costs shall be charged as follows:
– 100% of the total rental price if the cancellation is made within 1 month to the charter date.
– 50% of the total rental price if the cancellation is made up from 1 month to 6 months prior to the rental date
– 25% of the total rental price if the cancellation is made more than 6 months before the start of the lease.
– 100% of the total rental price if the cancellation is made within 7 days to the charter date.
– 50% of the total rental price if the cancellation is made up from 7 days to a month prior to the rental date
– 20% of the total rental price if the cancellation is made more than a month before the start of the lease.
8.4. In the case of calculating cancellation charges, Charter company will retain paid funds in the amounts laid in previous article and is obligated to issue an invoice. Guests are advised to contract an insurance policy in case of cancellation.
8.5. In the event of uncapability of reservations realization, due to closed borders, canceled flights and the like, which is demonstrable and caused by impact of COVID-19, the Charter Company will issue a voucher to the client, which can be used for a free period on board in 2021.
9. Insurance and Deposit
- The chartered boat/yacht is insured against third party damage, fire, lightning, explosion, theft or robbery or damage caused by natural disasters, marine and collision risks and against any loss or damage except equipment expressed in this The insurance premium for the craft chartered is included in the charter price.
- The financial liability of the Guest for loss or damage caused by him or a crewmember is limited with the agreed deposit.
- Exceptions not covered by deposit are mentioned in this
- Dinghy, outboard engine, sails and windows damages are not included every loss or damage will be played in base on the C-O.
- In case of blocked toilet or waste tank, Guest will pay 150€ i n base
- If Guest does not fill up missing ng fuel himself, he will pay 3€/l L for missing fuel in the base on check-out.
- Every boat inventory loss will be charged in the
- Damages incurred directly or indirectly due to contraband of any kind, illegal passage of state border by the Guest and/or persons aboard, illegal trade, poaching, prohibited navigation and similar and also seizure and blockage arising
- Damages incurred when the Guest operates the boat without proper authorizatio
- The insurance does not cover accidents of crew members, losses or damage to their personal belongings. We recommend taking u p a special insurance for this If the insurance comes to bear in case of damage, terms state that the damage had not been caused deliberately or by gross negligence or that the Guest /Skipper did not set a behavior, which release the insurer to fulfill its contractual obligation. It is expressly stipulated that in case of gross negligence or deliberate act the liability of the Guest is not limited by the deposit. The Guest may be forced to pay the full sum of the damage i n base on check-out.
10. Use of the Craft, Obligations, Damages
10.1. The Guest/Skipper agrees to navigate the craft with special consideration of good seamanship and careful observation of all legal regulations and provisions as applicable in all the countries visited.
10.2. The Guest/ Skipper nominated by the Guest are committed:
– not to accept more than the maximum number of persons permitted on board.
- not to allow the craft to be used for transporting passengers nor for commercial fishing nor for any other gainful activity
- not to take part i n races without the express agreement of the Charter Company and not to recharter the craft
- not to use the craft for towing other crafts or to be towed or rescued by other crafts except i n cases of emergency; should such an emergency arise, orders have to come from the Charter Company (or a person authorized by him). Should this not be possible, the Skipper has to establish contact with the skipper of the other vessel and come to an agreement about costs of towing or other rescue operations before help is accepted.
- to write a logbook in which the following items have to be recorded in chronological order: course, maneuvers, logs, proper handling of sails/engine, positions, checks, maintenance and repairs, important events or observations (accidents)
- no to let the engine run if the craft sails i n a sloping position and to use the engine only as long as it is necessary; sails should be adapted to the rig and to the existing wind forces
- to leave a protected harbor only if the principles of good seamanship and weather conditions allow this
- to leave unsafe anchorage places or moorings if the weather forecast, the existing weather conditions or the foreseeable development makes it
- If there is damage on the craft due to material wear
Charter Company will try to eliminate damage in period of 48 h or will give the Guest/Skipper instruction to repair or to arrange a replacement of the damaged parts. If Charter Company can’t be reached, Guest or Skipper are authorized to organize repair or replacement – provided the amount does not exceed 100 Euros.
This sum will be refunded at the end of the journey after submitting the bill except if the damage is due to incorrect operation of the craft, faulty or negligent handling by Guest/Skipper or the crew. Parts that had to be exchanged are not to be disposed of.
- If the craft has to stay in port because of repairs, the Guest is not entitled to raise any claims if the delay does not exceed 48 h. Otherwise the Guest has to be reimbursed on a pro-rata There are no further claims to be raised.
- In case of major sea damage or accident, possible delay or loss of maneuverability of the craft, the Charter Company has to be informed at once. The Guest/Skipper has to undertake everything in his power to reduce the effects as well as to avoid consequential damage (for instance breakdown, ). In concerted agreement the Charter Company, the Guest/Skipper has to organize the necessary repair work, to document all the facts, to monitor the repair work and to negotiate price and payment Moreover, the Guest/Skipper is obliged to keep a record of the details of the damage and – provided there are claims of third parties – to have all the data confirmed by the relevant authorities. The Guest/Skipper may be obliged to pay for the entire costs if the aforementioned conditions are not properly adhered to. The Guest/Skipper is fully liable for all direct and consequential costs such as confiscation of the craft if it is within the scope of responsibility of the Guest/Skipper or members of the crew.
- If there is reason to assume that the craft is damaged in the part under water, the craft has to be navigated to the nearest port where the services of a diver must be engaged, the supply of a crane organized or a slip up The costs have to be borne by the Guest.
- Theft of the craft or of part of the gear or equipment has to be reported to the nearest police precinct
- The Guest has to return to the base at the time stipulated i n the base at check-in or to inform the Charter Company about any The agreed schedule also has to take inclemency of the weather or other adverse circumstances into consideration. If the Guest is unable to return the craft himself, he has to inform the Charter Company and make arrangements to have the craft returned by another person at the Guest’s cost and risk. Until the check-out the Guest has to leave a qualified person on board. If the Guest does not comply with this provision, he has to satisfy all financial claims resulting from this negligence and breach of Contract. The financial obligation is not limited with the agreed deposit. The Charter Contract has not been fulfilled entirely until the craft is returned in the condition as stipulated i n the Contract
- Any day of delay in returning the craft will ensue compensation payment amounting to the double of the daily Charter Calculation is based on the items contained i n the current price list of the Charter Company. (Discounts granted or other special conditions such as early booking or a bonus for a “regular” Guest cannot be taken into consideration when calculating the fine due for late return).
- The Guest has to return the craft to the Charter Company at the date and hour agreed on the latest Until this point in time the entire crew has to have left the craft including
- At the check-out any part of the equipment or gear lost or damaged has to be recorded in detail and paid The amount may be deducted from the deposit The Charter Company also has to be informed about groundings and possible defects.
- If craft and equipment are in good condition, clean, complete and with a full tank, the deposit will be returned to the The proper condition of the craft at check-out has to be confirmed and signed jointly by Charter Company and the Guest.
- The final cleanup is included in the the charter fee, in transit log. It implies that the Guest has to hand over the craft clean and tidy (including kitchenware). If this is not the case, the Charter Company may collect a special amount for the extra cleaning.
- If repairs are necessary, the Guest has to contact the Charter Company and agree on an earlier return of the craft so that work can be done in good time for the next charter to start If the damage is within the Charter Company’s responsibility, fees covering the loss (day(s) will be reimbursed to the Guest Any additional claims by the Guest (cost of overnight stays, ) are excluded (see also item 10.3). If the damage is caused by the Guest, no compensation for lost time during the trip will be disbursed.
- For damages in an amount of repair exceeds the amount of the deposit, Charter company will retain the entire deposit and issue the Guest appropriate
ll.9 If damage or loss are a case for the insurance company, return of the deposit or parts thereof will be delayed until payment from the insurance has arrived. Deposit will be handed back to the Guest after deducting the retainer and all costs incurred by repairing the damage which are not covered by the insurance. The deposit may also be withheld if the repair costs or other expenditures to be paid from the deposit cannot be calculated exactly at the time of the craft check-out.
11.10 Any claims for damages raised by the Guest against the Charter Company must be put down in writing i n period of 7 days after check out of the craft and contain pertinent explanations. Claims raised later cannot be considered. The Client may claim a fair compensation only if he / she submits a written complaint when returning the vessel and encloses all relevant documentation. A written complaint should be signed on both sides; by a client and a representative of the Charter Company. Charter companies will not consider subsequent received and incompletely documented complaints. The charter company is obliged to issue a written decision on the received complaint within the legal deadline upon receipt of the same. The highest compensation on a complaint can reach the amount of the advertised part of the services, but it cannot cover already used services or the entire rental amount, thus excluding the client’s right to compensation for non-pecuniary damage.
12. Restrictions Ordered by the Charter Company
12.1 The Charter Company reserves the right to limit the range of the craft either based on the vessel’s category or if conditions for navigation are unsafe or otherwise unusual. A ban on navigating the craft at night may also be pronounced by the Charter Company. The responsibility for ignoring such restrictions is exclusively with the Guest/Skipper.
13. Liability and Place of Jurisdiction
13.1 All disputes between Guest and Charter Company have to be settled directly between these two. If arbitration or court proceedings are required, the place of jurisdiction is at the location of the Charter Company’s Head Office. For any disputes between the Guest and the Charter Company, Croatian Law shall apply. If it is a case for the Courts, the place of jurisdiction will be the location of Charter Company’s Head Offices.
14. Final regulations
14.1. The Agency acts as the intermediary between Guest and Charter His liability does not exceed his specified tasks or responsibilities as laid down.
14.2. The guest who confirmed the reservation, or paid the down payment, establishes a legal relationship with the Charter company, thus confirming that he agrees to these general conditions. Anything posted in these terms is a legal obligation for both the client and the charter company.
14.3. If the reservation is made and paid to the charter company base, the Guest is obliged to sign this document and by signing this document the Guest confirms that he has read the General Terms and Conditions and agrees with their contents.
14.4. These general terms and conditions oblige all clients, regardless of whether they confirmed the reservation directly through the Charter company or through an authorized agent. No one may invoke the circumstance that these General Terms were not known to him and / or interpreted.