GENERAL TERMS & CHARTER CONDITIONS
The Charter Company is specialized in the provision of services of active nautical holiday, and based on these general terms and conditions it ensures its customers services of several days of accommodation on board of vessels for commercial purposes for rest and recreation. The Charter Company guarantees that all its vessels are technically sound, professionally maintained, suitable for navigation and have a navigation licence or certificate of yacht competence for navigation. The person who confirmed the booking and made the advance payment (hereinafter: the Client) establishes a legal relation with The Charter Company, and confirms the compliance with these general terms and conditions. Everything described in these conditions represents a legal obligation for the Client, as well as for The Charter Company. These terms and conditions are the foundation for settling any eventual disputes between the Client and The Charter Company.When booking, the Client must provide true details which are required in the booking procedure.
PRICE AND TERMS OF PAYMENT
The prices for accommodation services on vessels are published in Euro (€), in the currently valid The Charter Company's price list. The middle rate of the Croatian
National Bank on the day of payment shall be used for the calculation of the invoice for the contracted services and shall include value-added
tax in the amount prescribed by the currently valid regulations. The Charter Company reserves the right to change the price list without prior notice, and it shall enter
into force on the day of publication on the official website of the company.
The given prices include a technically adequate, clean vessel with full fuel tanks, usage of the vessel and its equipment, compulsory and hull insurance,
insurance according to the terms of individual insurance policies for specific vessels, mooring in the home marina, Croatian navigation permit and the
concession approval for the vessel.
The given prices for the accommodation on vessels do not cover the costs of marinas during the charter, port taxes, fuel costs and costs for other
necessities, car parking, and medical insurance for the crew. The accommodation prices neither include the travel insurance “package”: insurance against
accidents and illness during the trip, insurance against damage or loss of luggage or the voluntary health insurance.”
In order to confirm the charter booking and to be entitled to the prices in the current price list, the Client makes an advance payment in the amount of
50% of the total charter price. The remaining amount up to the complete value of the charter is paid not later than 4 weeks before the takeover of the
vessel, which leaves the Client the ability to prepare the crew members on time and to pay the travel and medical insurance, to find a suitable skipper etc.
The Client can take over the booked vessel only under the condition that all necessary payments have been properly made in accordance with the
booking process, which is proved by the invoice issued by The Charter Company and provided that he has fulfilled all other conditions and obligations determined in these
general terms and conditions.
CANCELLATION OF THE CHARTER BOOKING
In case the Client wishes to cancel the confirmed booking of the vessel, this must be done in writing (e-mail, fax, or registered mail) to the addresses of
The Charter Company listed on the official web site of the company.
The date when The Charter Company receives a written notification of cancellation is the date which is the base for the calculation of the cancellation costs, which is done
in the following way:
• for a cancellation up to six months before the beginning of the charter, The Charter Company charges 30% of the total price. The remaining amount shall be returned to
the Client at his expense.
• for a cancellation from six months up to one month before the beginning of the charter, The Charter Company charges 50% of the total price. The remaining amount shall be returned to the Client at his expense.
• for a cancellation within one month before the beginning of the charter, The Charter Company charges 100% of the total price whereas in this case it is deemed that the
Client did not cancel using the service and accordingly reserves the right to refer another person to use the service.
• for a cancellation after the takeover of the vessel, The Charter Company keeps 100% of the total price and charges the Client for all costs arising from the cancellation.
In case the Client cancels the rented vessel, manages to solely find a substitute Client at the time of cancellation of booking, who is willing to take over his
rights and obligations, The Charter Company charges the Client only with the difference between the original contracted price and the real price agreed with the new Client.
The Charter Company does not assume responsibility in case of changes or failure to perform the paid services or part of the services due to force majeure (war, riots, strikes, acts of terrorism, extraordinary sanitary conditions, natural disasters, interventions of competent authorities etc.).
TAKEOVER OF THE VESSEL (CHECK-IN)
The Charter Company obliges to provide the Client with a technically adequate and completely equipped vessel with a full fuel tank, clean and tidy, ready for navigation.
The Client has the unconditional obligation to deposit with The Charter Company funds as guarantee to compensate all eventual losses or damages during the use of the
vessel, even if they are not covered by the insurance policy. The deposit is made in cash or with a credit card slip, or by POS terminal with an automatic
preauthorization.
In the event that the Client is for any reason unwilling or unable to leave the mandatory cash deposit, The Charter Company reserves the right to terminate the contract at
the expense of the Client and to keep the entire amount paid for the accommodation services.
The deposit is refunded to the Client in full, after The Charter Company's representative ascertains that the vessel was returned at the agreed time to the agreed place,
tidy and undamaged, with full fuel tanks, and provided there are no claims from third parties, or are expected, against the Client in connection with his use of the vessel.
In case of gross negligence or damage of the vessel and/or its equipment, as well as in case of loss of vessel parts, the Client covers all expenses. The Charter Company will
keep the amount of the deposit accordant with the cost of the repair and/or the cost of purchase of the equipment or spare parts of the vessel. In case that further chartering is not possible, due to the damage and/or loss of equipment of of vessel/equipment, The Charter Company shall keep the amount of the deposit accordant with the lost profit.
The deposit is obligatory even in cases when the vessel is rented with a skipper provided by The Charter Company.
In case the Client, without previous notice, fails to take over the vessel within 48 hours after the agreed check-in time, The Charter Company is authorized to terminate the
contract unilaterally at the sole expense of the Client, and the Client is not entitled to subsequent reimbursement claims.
If for whatever reasons, not attributable to force majeure, The Charter Company is unable to hand over the booked vessel to the Client at the agreed time and place, The Charter Company has a time limit of 24 hours to provide the Client with another vessel of similar characteristics. Provided that The Charter Company fails to do so, the Client is authorized to terminate the contract, and is entitled to a full reimbursement of payments made to The Charter Company. In case the Client decides to wait for a substitute vessel outside the agreed time limit (24 hours), he is entitled to reimbursement of an amount equal to the value of a daily use of the vessel for the days in which he was
unable to use the vessel (contractual penalty). The Charter Company’s responsibility for any amount higher than the agreed price of the vessel is excluded, and the Client
waives the right to claim compensation for damage caused by the inability of the delivery of the contracted vessel at the agreed time and place.
During the takeover of the vessel (check-in), the Client is obliged to carefully examine and test the condition of the vessel and its equipment, as well as to verify that the actual condition of the inventory and equipment is accordant with the existing check-in list. All eventual complaints are made in writing before the beginning of the journey.
Any disguised defects and shortcomings of the vessel and / or equipment which could not be known to The Charter Company at the vessel handover, as well as defects and
malfunctions that occur after the handover of vessel, which The Charter Company could not predict, do not entitle the Client to seek reduction of the rental price.
Non-correspondence of equipment and inventory with the inventory list supplied to Client upon booking do not authorize the Client to make any deductions of the contracted price and represent no basis for reimbursement of damage - provided that safety of navigation is not endangered.
The vessel is handed to Client with all valid documents necessary for the rental (permit, crew list, concession…) as well as all other enclosures in the vessel’s folder (list of harbour offices, fuel stations…). The Client is obliged to handle all received documents with due care and to return these documents to The Charter Company undamaged when the vessel is being returned. In the event that the Client loses or damages the received documents or any part thereof during the rental, the Client is obliged to pay 100,00 Euro as contractual penalty which amount will be charged from the deposit, and the middle exchange rate of the Croatian National Bank on the day of payment
shall be used for calculation.
Defects, incorrect recordings of instruments or other problems with gear or equipment do not entitle the Client to refuse check-in, stop the trip, or make financial claims – provided that correct navigation is possible by applying classical methods and if the vessel and crew safety guarantees good navigation.
The Charter Company may refuse to hand over the vessel in case of:
• the charter has not been fully paid
• the Client has not paid the deposit or insurance thereof
• the necessary documents are missing or insufficient (no passport (ID card), navigation license approved by the Ministry of Sea, licence for radio communication)
• if during the process of check-in or during the trial trip it turns out that the skipper does not have the required qualification for this task.
In case that a Client wants to extend the period of accommodation on the vessel, he must contact The Charter Company, return to the agreed harbour and obtain a written
consent of The Charter Company for the new time and place of return of the vessel. The contracted charter is considered prolonged when the Client takes the written
consent for the extension of the used service from The Charter Company.
RETURNING THE VESSEL (CHECK-OUT)
The Client is obliged to return the vessel at the agreed time, no later than by 9.00 AM of the last day of the contracted use of the vessel for the accommodation of passengers, in the harbour determined by contract, clean and tidy, with a full fuel tank; ready for further navigation, i.e. in the same condition as it was assumed. The Client is obliged to take the garbage off the vessel and leave it at the designated place in the marina.
If for whatever reason further navigation during the charter is impossible or an excess of the agreed return time is inevitable, the Client must contact charter company and the base manager for further instructions. Unfavourable weather conditions are not an acceptable reason for a delay of the return. In the event of delay, the Client vouches to pay a fine in the amount of 2% of the rental price for each hour of delay until 12 hours. For a delay over 12 hours from the contracted hour of check-out, the Client pays a daily charter price for every commenced calendar day. All costs from the delay of the check out suffered by charter company are covered by the Client. Digressions from this rule are possible, but only in accordance with previous agreement between the Client and charter company.
In case the vessel is returned to a port not appointed as the destination port, charter company has the right to immediately charge firstly from the deposit all costs arising from the transfer of the vessel to the agreed port, as well as contracted penalty for the delay in the amount of 2% of the charter price for each hour exceeded as well as all compensation for the damage occurred during the transfer, if they are not covered by the insurance policy. In the event that the costs and the penalty exceed the deposit, the Client agrees to immediately pay the relevant difference. When the vessel is returned (check-out), an charter company representative checks the general condition of the vessel and its equipment and compares it to the inventory list. The Client is obliged to report any eventual damage or loss to a charter company representative. If damage has occurred on the underwater part of the hull, or if there is suspicion of such damage, a detailed inspection of the vessel is required, either by a diver or by using a crane. The manner of the inspection is determined by charter company, and the costs are covered by the Client. In case the Client attempts to cover up damage or loss which occurred during the charter, he is obliged to pay a fine in the amount of 200 €, as well as a compensation for the damage. In case the vessel is not returned with a full fuel tank, the Client will be charged with the fuel, as well as the service of filling the tank, up to the amount of 50,00 Euro. In the event that the vessel is returned unclean and untidy, charter company will charge from the deposit special cleaning and handling costs caused by the need of hiring cleaning services.
THE CLIENT’S OBLIGATIONS
The Client undertakes and declares:
• to provide The Charter Company with a crew list containing full names, addresses, birth dates and birth places, nationality, type and number of an identification document,
and the skipper’s licence number, not later than 1 week before the beginning of the charter.
• to have valid passports. The costs of eventual loss or theft of the documents during the use of the vessel are covered by the Client.
• to study the printed material provided on the vessel
• to handle the vessel, its inventory and equipment with care, and especially not to handle the vessel under the influence of alcohol or drugs, and to behave responsibly in every way.
• to navigate within the territorial waters of the Republic of Croatia. Leaving Croatian territorial waters is only allowed upon previous written consent of The Charter Company.
• to navigate only in safe weather conditions and at good visibility, and to avoid obviously dangerous territories.
• to adjust the navigation to weather conditions and the crew’s capabilities, and not to allow unnecessary burdening of the mast, sails and the ropes.
• not to leave harbours or anchorages in case the vessel or one of its vital parts is damaged and/or unsafe for navigation.
• not to leave the harbour if port authorities have prohibited the navigation or issued a prohibition of navigation or in case of insufficient fuel supplies.
• not to use the vessel for commercial purposes (transport of goods or people for compensation), professional fishing, sailing school or similar activities.
• not to rent or lend the vessel to a third party.
• not to board more people than the vessel is registered for, and not to allow people who are not on the crew list to stay on the vessel.
• not to participate in regattas or races without a previous consent from The Charter Company.
• not to tow another vessel and to take all possible preventive measures to avoid a situation in which the vessel would need to be towed.
• agrees that the charter agreement is terminated in case it is found that any of the crew members has violated a valid regulation and/or law of the Republic
of Croatia and that The Charter Company can freely dispose of the vessel, without any right to compensation from the Client. Furthermore it is specially determined that
The Charter Company shall be free from any kind of responsibility towards authorities, since the Client and crew members will bear all the responsibility for the committed
violations and/or felonies before the authorised bodies.
• to assume all responsibility and compensate all costs to The Charter Company, which should be established to have been caused by actions or omissions on the Client’s
and crew members’ side, and for which The Charter Company is materially and criminally responsible to a third party.
• the Client’s responsibility for all violations of navigation and other regulations, which were committed during the charter, does not cease with the end of the charter.
• in case of damage, accident or brakeage of the vessel, the Client must record the stream of events, immediately notify The Charter Company, file an accident report to the
closest port authority and demand verification from the harbour master, doctor or other competent authority.
• to notify The Charter Company immediately in case of any defect of the vessel or its equipment caused by wear and tear. The Charter Company is obliged to repair the defect within 24 hours from receiving the notification. In case The Charter Company repairs the defect within 24 hours, the Client is not entitled to compensation. Emergency telephone numbers for defect notifications are in the vessel’s documentation.
• if the vessel has to stay in the port due to repairs and events which are not attributable to intention or gross negligence of The Charter Company, the Client is not entitled
to raise any claims if the repair does not exceed ¼ of the entire charter period. Otherwise the Client has to be reimbursed on a pro-rata basis. There are no further reimbursements by The Charter Company on this basis.
• If there is reasonable doubt that during the charter the vessel has been damaged in the underwater part, the vessel has to be navigated to the nearest port to perform underwater inspection of the vessel, and if necessary, to organize the lifting of the vessel to dry land. Transport of the vessel, underwater inspection and lifting of the vessel to the dry land shall be borne by the Client exclusively.
• to fully compensate The Charter Company for any damage caused by his negligence or omission, which is not covered by the insurance, and for which The Charter Company is responsible towards a third party.
• in case of disappearance of the vessel and its equipment, inability of navigation and in case of confiscation or seizure of the vessel or prohibition measures by the government or a third party, the Client must immediately notify the competent authorities and The Charter Company and demand a copy of the police report.
• to assume full and exclusive responsibility in case of confiscation of the vessel by competent authorities, due to irresponsible or illegal actions of the crew (commercial fishing, removing antiquities from the seabed, etc. ..) undertaken during the charter of the vessel.
• to be solely responsible for sea contamination during the filling of fuel tanks or waste disposal outside the designated places.
• to check the oil level in the engine every day. Damages and losses caused by an insufficient oil level in the engine, as well as other drive damages, are not covered by the vessel insurance and shall be borne exclusively by the Client.
• to take pets (dogs, cats, birds, etc.) aboard only with a previous permission from The Charter Company. No pets are allowed onboard of the vessel. Exceptions are possible
with previous agreement.
Civil and criminal liability for actions contrary to the liabilities assumed under this contract is incurred and assumed solely by the Client even after the period of using the accommodation services on the vessel.
The Charter Company retains the right to charge all proprietary and non-proprietary damage suffered by the breach of the above specified liabilities incurred by the Client
and his passengers from the deposit. In the event that the deposit does not cover all the damages, the Client is personally liable for the difference between the actual damage suffered and the amount of the paid/spent deposit.
THE SKIPPER’S OBLIGATIONS
The Client who assumes the role of the skipper on the vessel must posses all necessary nautical knowledge and skills, as well as a valid licence and the GMDSS radio-telephony licence. If the Client does not possess the required documents, knowledge and skills, he is responsible to take care that the vessel is operated exclusively by a crew member who fulfills these requirements.
The Charter Company may ask the Client or skipper to demonstrate their knowledge and skills at sea in the presence of The Charter Company's representative. The time spent for this testing is included in the period of using the vessel for accommodation purposes.
If during the tests The Charter Company's representative establishes that the Client or a skipper proposed by the Client does not posses the appropriate knowledge,
experience and/or valid licences for navigation, The Charter Company can appoint a professional skipper to join the crew, at additional costs, according to the valid price list.
If the Client does not accept the appointed skipper, The Charter Company has the right to prohibit the Client to leave with the vessel, terminate the contract at the sole cost
of the Client, and keep the full paid amount. The Client is not entitled to reimbursement.
If the Client knows in advance that he will need the services of a skipper, he should notify The Charter Company upon booking.
VESSEL INSURANCE
The vessel insurance covers damage inflicted to and by a third party (obligatory insurance). The vessel also has hull insurance in the amount of the
reported vessel value, against risks stated in the insurance policy. According to the insurance terms, the hull insurance covers damage that exceeds the
amount of the deposit, but not intentional damage or damage caused by gross negligence.
The Charter Company is not responsible for loss and/or damage of the Client’s and crew’s possessions, or third parties’ possessions, which are kept on the vessel, in an
official Charter Company's vehicle or The Charter Company's office. By paying the advance payment and accepting the general charter conditions, the Client renounces any rights to compensation by The Charter Company, in connection with loss and/or damage to personal and/or third party possessions.
All damage and/or losses must be reported to The Charter Company immediately after their occurrence. In case of serious damage or when more than one vessel is involved, the incident must be reported to the competent port authorities, and corresponding documents must be requested which are to be handed over to the insurance provider subsequently. There is a possibility that damage covered by the insurance policy, which were not properly and timely reported to The Charter Company, the competent authorities and the insurance provider, and for which all necessary documentation does not exist, will not be acknowledged by the insurance provider. In this case, the Client is solely responsible for the damage.
When the vessel is damaged, the Client is obliged to cover all costs in accordance with the conditions of the hull insurance, but only up to the amount of the security deposit. The costs of damages of the vessel and/or the equipment caused by negligence and/or loss of one or more parts of the equipment are fully covered by the Client.
The sails are not insured, the costs of eventual damage are covered by the Client. The Client’s responsibility is excluded only when damage to the sails is caused by normal wear and tear or by brakeage of the mast.
Engine damage caused by an insufficient oil amount is not covered by insurance and all costs resulting from the engine damage shall be covered by the Client.
DAMAGE AND DEFECTS DURING THE USE OF THE ACCOMMODATION SERVICES
All damage and defects that occur on the vessel while under the Client’s responsibility (during the use of the accommodation services), and which are not connected to the amortisation of the vessel, are paid by the Client personally. Before making any repairs or purchases, the Client is obliged to contact The Charter Company immediately and agree on the technical justification of the repair and the manner of payment.
All damage and defects that occur on the vessel while under the Client’s responsibility and which are connected to amortisation of the vessel, are covered by The Charter Company. Before making any repairs, the Client is obliged to come to an agreement with The Charter Company about the technical and financial justification of the repair. The Client pays the bill on spot, and obliges to keep it, so The Charter Company can refund the payment in full upon check-out. The Charter Company disclaims any liability for use of safety nets on board. The client accepts the fact that a safety net is used solely at his own risk.
The Client obliges to notify The Charter Company about any breakage and damage, immediately after they occur, and regardless what the cause is. The Charter Company will instruct the Client regarding the manner of performance of the required works and/or replacement of the equipment. Unauthorized repairs and equipment replacements
will be paid in full by the Client.
PROTECTION OF PERSONAL DATA
The Client is voluntarily providing his personal data. The personal data of the Client and crew members are essential for the realization of the charter. They will also be used for further communication. The Charter Company is obliged not to take the Client’s personal information as well as information of crew members outside the country or forward them to third parties except for the purpose of providing the requested services. By accepting these General Conditions the Client agrees that his personal data may be used as part of marketing and promotional campaigns of The Charter Company (sending newsletters etc.).
COMPLAINTS
Every Client has the right to a complaint, if he/she considers the services of The Charter Company to be incomplete and/or not performed in a qualitatively satisfying manner.
The Client may demand a proportional reimbursement, but only if a written complaint is presented upon check-out, with all necessary documentation.
A written complaint must be signed by both parties – by the Client and by The Charter Company's representative. Subsequently received or incompletely documented
complaints will not be taken into consideration by The Charter Company.
The Charter Company is obliged to provide a written solution of the received complaint within 15 days upon receipt. The Charter Company is allowed to postpone the deadline for the complaint solution for an additional 7 days with previous written approval of the Client, namely for reasons of gathering information and checking the
complaint claims with the persons directly or indirectly involved in the complaint. The Client renounces the right to mediation of any other party, arbitration of Association of Croatian Travel Agencies, law institution or releasing the information to the media, until The Charter Company has passed a solution for the complaint.
The maximum compensation per complaint can amount to the complained part of the services, and can not include services already provided or the total
amount of the rental. This excludes the the Client’s right to compensation of immaterial damage.
The Client cannot deem The Charter Company to be responsible for adverse climate conditions, cleanliness and temperature of the navigation destinations and other similar
situations and events that may cause Client’s dissatisfaction, and are not part of the quality of the rented vessel (e.g. polluted sea, bad weather, poorly maintained beaches, crowds, theft or damage to property of crew members, etc.).
DISCOUNTS
In the event of simultaneous offers, discounts can not be combined. Discounts do not apply for last-minute offers.
LEGAL TERMS
If the Client is not satisfied with The Charter Company’s solution, and is unable to reach a reasonable agreement with The Charter Company, he/she is entitled to court arbitration. For cases like this and other cases of disputes between the Client and The Charter Company, the jurisdiction of the court in Zagreb, applying Croatian law, is agreed.
These terms and conditions shall enter into force on the day of publication on the official website of The Charter Company, and are considered to be available to all third parties on the day of publication.
Any changes and additions to these general conditions are possible and valid only in written form.
By accepting the booking and paying the agreed price the Client accepts the above mentioned terms and conditions, whether he read and interpreted them or not. These General Terms and Conditions and navigation manual exclude all former terms and conditions and navigation manuals.
These general terms and conditions are binding for all Clients without exception, regardless of the fact whether they accepted the booking directly through The Charter Company or through an authorized agent. No person can refer to the fact that these General Terms and Conditions were not known and/or interpreted to him/her.
