BOAT'S ACCOMMODATION AGREEMENT
1. PAYMENT
The Client is obliged to make the down payment amounting 50% of the total amount within 7 days upon signing the Boat’s Accommodation Agreement. The remaining 50% of the rental amount is due 4 weeks before the accommodation start. The price includes the use of the vessel and insurance. The payment will be sent in HRK to the Vendor’s local currency account, according to the middle exchange rate of the Croatian National Bank (HNB) or in EUR to the Vendor’s foreign currency account. The Client must ensure that any transfer related charges are paid on his/her end. Bank details will be provided to the Client in time.
2. VENDOR’S COMMITMENTS
The Vendor will hand over the vessel to the Client with full fuel and water tanks, clean and in good working condition, and is obliged to do the check in together with the Client according to the inventory list. In case the Vendor is not able to hand over the vessel at agreed place and time, the Client is entitled to demand a refund for the days the vessel has not been used. In case the Vendor is not able to hand over the vessel within 24 hours after agreed deadline, he has to ensure another vessel for the Client of the same or similar characteristics.
Any hidden defects of the yacht or its equipment, not known to the Vendor at the time of the yacht handover, as well as any defects occurred after the yacht has been handed over to the Client, do not entitle the Client to request a reduction of the rental fee.
In case some equipment was damaged or lost during the previous charter and new equipment cannot be delivered before the embarkation, the Client is not entitled to withdraw from the Contract, nor is the Client entitled to demand a discount of the contracted accommodation price, when such missing equipment does not affect the navigation safety of the vessel.
3. INSURANCE
Vessel insurance covers all maritime risks and is inclusive of obligatory insurance towards third persons. Any damage that happened during the usage of the vessel by the Client and that wasn’t immediately reported to the Vendor or the insurance company, will not be regarded according to insurance policy regulations. In such cases the Client bears the entire responsibility for all such damages. Personal belongings of the skipper or crew members are not insured, so a personal insurance is recommended.
4. DEPOSIT
Before the vessel handover, the Client is obliged to pay the security deposit as stipulated in the charter agreement. This amount corresponds to the franchise amount defined in the insurance policy. The deposit can be regulated in cash or by credit card. In case of damage on the vessel equals to the franchise amount, the deposit will be used to cover the damage.
5. COMMITMENTS, OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT
During the handover of the vessel, the Client is obliged to inspect the vessel together with the authorized representative of the Vendor and sign the inventory list. The Client may navigate the chartered vessel only within the Croatian territorial waters and is not allowed to sublease or use the vessel for commercial purposes (like fishing, diving etc.).
The Client is obliged to carry the following documents at all times: passport or personal identification card, copy of the charter contract or voucher, list of all passengers aboard the vessel. The person operating the vessel (skipper) must possess a valid boat operating license, which includes the license to operate the vessel’s radio station or must be able to present another acceptable license entitling such person to operate the vessel in accordance with the applicable legislation.
The Client is obliged to return the vessel to the agreed place and in the agreed time, with full water and fuel tanks. In case the Client is in delay with returning the vessel, the Vendor will charge the Client daily accommodation price for less than 3 hours delay and 3-day accommodation price for any delay longer than 3 hours. The Client must notify the Vendor in case of a delay caused by force majeure, in which case such delay will not be charged to the Client.
In case of failure of the vessel or its equipment the Client has to inform the Vendor immediately via one of the telephone numbers stipulated in the vessel documentation. The Vendor is obliged to promptly correct the failure. In case the failure is repaired within 24 hours, the Client is not entitled to a refund.
Reimbursement for lost days of charter can only be made if the damage was caused solely by the VENDOR’S fault. If this is not the case, the Client cannot expect a refund and is obliged to cover the extra cost of finding a substitute vessel.
Clients are instructed to treat and handle the vessel with due care and to obey all applicable regulations. If the Vendor finds that the vessel’s operator doesn’t have the necessary skills and knowledge, such person will be offered to hire a skipper who will instruct and teach him/her on proper vessel operation, or the base manager will allocate a skipper for the entire charter period at extra cost that is to be covered by the Client.
If the Client does not want to act as the skipper of the vessel, he must inform the Vendor of the person that will be the vessel operator before the charter start. The nominated skipper will be co-responsible towards the Vendor. All consequences in connection with acting in the role of skipper or handing over the role of skipper to an unauthorized person, are the responsibility of the Client.
The Client hereby agrees to handle the vessel and its inventory and equipment with due care. The Client must check the engine oil and water every day. Damages in connection with a lack of oil or water are not insured and the Client will be fully responsible for those. In case of breakdowns, as well as when there are other vessels involved, the whole accident must be reported to the Harbour Master with the signed protocol (by all parties involved) for the insurance company. Also, the Vendor must be notified immediately. If the Vendor’s skipper does not follow these instructions, he will be charged in full for all the damages. If the Client doesn’t act in compliance with these instructions, he will be charged for all damages. By signing the Check-in list the Client confirms to have received the vessel in the status and conditions stated in the Check-in list, this Check-in list applies both to its under- and above-water structure.
6. ENGINE FAILURE AND SEVERE DAMAGES
Should any damage be caused by the usual wear and tear of the materials during the yacht charter period, the Client has the right and obligation to arrange for the repair of such damages up to a total amount of 150,00 EUR, which will be refunded after the return of the vessel to the base.
Should the damage be repaired by the Vendor within 24 hours, the Client has no right to a refund.
If the damage cannot be easily repaired on course, an early return to the charter base is required. Such damage must be repaired before the start of the new charter period. In case the damage was not caused by the Client, the Vendor must ensure the Client another vessel of same or similar characteristics or refund for lost days of charter. If for any reason, the Vendor offers the Client a vessel with minor characteristics, the Client has a right to an additional refund. In case the Client refuses the adequate solution offered immediately by the Vendor, the Client forfeits the right for any later complaints.
If such damage was not caused by the Vendor, the Client is not entitled to any refund and will have to carry all additional costs related to finding another suitable vessel for the Client.
In case of major and severe damages and engine failures, in case of loss of vessel and/or damage and injury of persons, the Client must inform the Vendor promptly and also obtain a protocol on the event issued by third parties (harbor master, medical physician, court expert).
Damages that are not reported to the Vendor and damages for which the Client is not able to present an officially verified protocol will be considered as damages caused by Client and therefore the Client will be charged in full for such damages.
7. ACCOMMODATION CANCELLATION
In case the Client is not able to take over the vessel, for any particular reason, he can find another client who is willing to take over the vessel in the agreed period. In case the Client is not able to find a substitute client, the Vendor will charge the Client as follow:
- 10% of the total amount for cancellations after booking confirmation (non-refundable)
- 30% of the total amount for cancellations from 60 up to 90 days before the accommodation period
- 50% of the total amount for cancellations from 59 up to 30 days before the accommodation period
- 100% of the total amount for cancellations less than 30 days before the accommodation period
8. CHECK IN / CHECK OUT OF THE YACHT
Check-in: SATURDAY from 17.00 h
Check-out: SATURDAY until 9.00 h (recommended arrival to the marina on Friday between 15 and 19 h)
9. COMPLAINTS
Complaints are acknowledged only in written form upon the vessel return and signed by an authorized person of the Vendor. The approved compensation cannot be higher than the rental price.
10. DISPUTES
In case of dispute that cannot be resolved amicably, the Parties agree the jurisdiction of the court in Split.
