GENERAL TERMS AND CONDITIONS OF VESSEL CHARTER
1. PARTIES AND RECITALS
The Charter Company warrants the authenticity of the information related to the charter offer published at the website as well as authenticity of the terms under which the charter flotilla is offered. The Charter Company shall take care of and maintain the vessels from its offer to the best of its ability, guaranteeing technical compliance and good condition of the vessel.
The person having paid a downpayment, i.e. having confirmed the booking for one or several vessels from the The Charter Company offer («the Client»), establishes a legal relationship with The Charter Company., confirming therewith the acceptance of the general terms and conditions of vessel charter, which are thereupon submitted to him for inspection. Everything published in these terms and conditions is legally binding for both the Client and The Charter Company. These terms and conditions are a base for solving potential disputes between the Client and The Charter Company, therefore we kindly ask you to read them carefully by all means.
2. BOOKING ENQUIRIES
Booking enquiries are submitted electronically, upon having filled in a booking enquiry form available at The Charter Company website or may be submitted in The Charter Company agency's office as well as the offices of The Charter Company's partner-agencies, authorized to sell the services from the The Charter Company offer. During the enquiry the Client is bound to submit all the information required in the form designed for booking enquiries, or submit for inspection during booking enquiries in The Charter Company's office or the offices of authorized representatives of The Charter Company all the documents necessary for carrying out the required procedure.
If the Client failed to provide The Charter Company with a crew-list containing full names, addresses, dates of birth as well as type and number of the valid ID during the booking process, he undertakes to do so no later than 2 weeks prior to the start of the charter.
3. CHARTER PRICING
Vessel prices are published in euro. The Charter Company reserves the right to change the published prices.
The quoted prices include: a technically compliant, clean and dry vessel with tanks filled with fuel and water, use of the vessel and devices, obligatory vessel insurance, vessel insurance above the value of the deposit agreed upon, Croatian sailing licence, charter licence for the boat, and as it was published on The Charter Company website during presentation of the chartered vessel.
The quoted prices of the vessels do not cover the costs of marinas and moorings in the home marina during charter term, harbour fees, sojourn and other taxes, extra vessel equipment, fuel and accessory costs, compensation for the The Charter Company crew and other special services, health insurance and accident insurance for the crew, and – as published on The Charter Company website – during presentation of the chartered vessel.
In case the price of a certain vessel is altered after registration, but before any downpayment is made, The Charter Company undertakes to notify the Client immediately upon becoming aware of this fact and, subject to the Client’s approval, send him a new calculation.
In case the price of a certain vessel is altered after a downpayment has been made, The Charter Company warrants that the remainder will be paid on the basis of the original calculation according to which the Client first chose to book the vessel.
4. PAYMENT SCHEDULE
In order to confirm the registered booking of the vessel, the Client shall make a downpayment in the equivalent of 50% of the total charter price. The remaining amount, up to the total charter price, must be paid no later than 4 weeks prior to the start of the charter term.
The Client may take the possession of the booked vessel only after all the necessary payments have been made.
By downpayment the Client shall confirm being fully acquainted with all the characteristics of the vessel and the conditions under which the certain vessel is offered to him. By the very act of downpayment everything quoted in these terms and conditions shall become legally binding for the Client as well as for The Charter Company.
The final settlement shall be made with the representatives of The Charter Company upon the return of the chartered vessel, in the harbour agreed upon as the final destination.
5. CLIENT'S RIGHT TO CHANGE AND CANCELLATION
If the Client wishes to cancel the vessel booking, it has to be done in writing (e -mail, fax or mail).
The date when The Charter Company receives a written cancellation notice shall represent the base for the calculation of cancellation costs, as follows:
For the cancellation up to a month prior to the start of the charter The Charter Company shall charge 50 % of the total charter price, i.e. retain the total amount paid.
For the cancellation taking place within one month prior to the start of the charter The Charter Company shall charge 100 % of the total charter price.
For the cancellation after the vessel takeover The Charter Company shall retain 100% of the total charter price and charge the Client for all the costs that may have arisen from the cancellation.
For the cancellation of one or more chartered vessels (fleet) for regatta sailing, The Charter Company shall charge 100 % of the total charter price.
If the Client cancelling the chartered vessel should at the time of the cancellation find a new user for the same booking, willing to take over his rights and obligations, The Charter Company shall charge the Client only the costs caused by the change of the user.
In case of cancellation due to force majeure or justifiable circumstances of the Client (a death in the family, health reasons, severe accident,...), the already paid amount shall not be repaid but The Charter Company shall place the vessel at his disposal in the first free term or the next season.
The refund shall be made immediately upon determining the exact amount of money that should be repaid to the Client. The refund may be made exclusively by the Client's giro or foreign -currency account. In case of foreign-currency wire transfer, the cost of international payment shall be borne by the Client.
6. DEPOSIT
Prior to taking over the vessel, the Client shall leave a deposit with The Charter Company as a security that any and all losses or damage arising in connection with the charter shall be compensated, even if not covered by insurance policy. The deposit is made in cash, cheques, or a blank card slip. The deposit methods and amounts are published at the The Charter Company website.
The deposit shall be fully repaid to the Client after a representative of The Charter Company establishes that the vessel has been returned at the arranged time and arranged place, neat and undamaged, with the tanks filled with water and fuel, and provided that there are no claims made or pending by the third persons in relation to the Client and his use of the chartered vessel.
In case of gross negligence, i.e. damage made to the vessel and/or equipment and in case of a loss of one or more parts, all the costs shall be borne by the Client. The Charter Company shall retain the deposit amount corresponding to the value of the repair, acquisition and/or procurement of the equipment or individual parts of the vessel. In case further charter of the vessel has been made impossible due to the damage/loss of the vessel/equipment The Charter Company shall retain the deposit amount corresponding to the lost profit.
Deposit payment is obligatory even in the cases when the chartered vessel is skippered and the skipper engaged by The Charter Company. In that case, the deposit made shall not be used to cover the expenses arising from the skipper's negligence and poor vessel or equipment management.
7. VESSEL TAKEOVER
Vessels are handed over at the predetermined place and time, from 5 p.m. to 8 p.m.
In case the Client, without any previous notice, fails to take the possession of the vessel within 48 hours of the predetermined handover time, The Charter Company is entitled to unilaterally terminate the vessel charter agreement and the Client shall not be entitled to any subsequent indemnity claims.
In case The Charter Company is for any reason not able to hand over the booked vessel to the Client at the arranged time, and the arranged place, The Charter Company shall be given a 24-hour deadline from the arranged time of vessel takeover to place at the Client's disposal another vessel of the same or better characteristics. In case The Charter Company should not succeed in it, the Client shall be entitled to terminate the agreement and have all the made payments refunded. In case the Client should choose to wait for the replacement vessel and beyond the 24 -hour deadline from the arranged time of vessel takeover, he shall be entitled to claim an amount in the equivalent of the charter value for the number of days he has not had the vessel at his disposal. The Charter Company rejects the liability for the amount exceeding the arranged charter price as well as any other Client's claim to indemnity.
When taking over the vessel, the Client undertakes to hand in a voucher to the representative of The Charter Company indicating that the total charter price has been paid.
The Charter Company undertakes to hand over to the Client a technically compliant and fully equipped vessel with the tanks filled with water and fuel, clean, neat and dry, ready for sailing.
At the time of vessel takeover the Client undertakes to examine and check the general condition of the vessel and equipment and determine if the actual condition of the in ventory and equipment is in compliance with the existing inventory list. Any complaints are to be submitted exclusively prior to the voyage. Possible hidden deficiencies and defects of the vessel and/or equipment, which could not have been known to The Charter Company at the time of handing over the vessel, as well as the deficiencies and breakdowns arising after handing over the vessel, which could not have been foreseen by The Charter Company, shall not entitle the Client to claim any reduction in the charter price.
8. VESSEL RETURN
The Client undertakes to return the vessel at the arranged time (no later than 9 a.m.), into the destination harbour defined by the agreement, neat and clean, with the tanks filled with fuel and water, ready for setting sail, i.e. in the same condition it was taken over in.
In case the voyage at any point and for any reason becomes impossible and/or it becomes inevitable that the Client should keep the vessel beyond the expiry of the charter term, the head of The Charter Company office must be informed in order to provide further instructions. Any such notification made by the Client must be entered into the logbook. Unfavourable weather conditions shall not be accepted as an excuse for keeping the vessel beyond the expiry of the charter term. Delayed return shall be justified only due to force majeure.
In case the Client should keep the vessel after the expiry of the charter term, for any delay of up to 3 hours the Client shall pay the price of the full charter day, and for any delay of 3 or more hours, or any additional calendar day, whether full or not, the Client shall pay a triple daily rate increased by extra costs incurred by The Charter Company due to the delay. Therefore, the vessel must be returned into the destination harbour in the evening hours of the day before the expiry of the term. Departures from this rule are possible but subject to prior arrangement between the Client and The Charter Company.
In case of the return into a harbour not agreed upon as the destination harbour, the Client shall pay to The Charter Company all the costs included in the transfer of the vessel to the arranged destination harbour, stipulated penalty for delay, if any, as well as the compensation for any damage not covered by insurance policy which occurred during the transfer.
At the return of the vessel a check of the general condition of the vessel and equipment shall be performed, as well as a comparison of the found inventory and equipment to the inventory list by a representative of The Charter Company.
The Client shall report any deficiencies and damage to the representative of The Charter Company. In case the damage has been made on the underwater part of the vessel, or such a damage is suspected, a detailed examination of the vessel must be performed after engaging a scuba diver or a crane. The method of examination shall be decided upon by The Charter Company, and the cost of the procedure shall be borne by the Client.
In case the Client should try to hide the damage or loss made during vessel charter, he shall be bound to pay the penalty in the equivalent of €300 to The Charter Company and compensate the damage made. The costs of the lost or damaged parts of the vessel or equipment due to negligence or misuse by the Client and his crew members are the Client’s liability. The Charter Company shall compensate the costs from the Client's deposit.
In case the vessel has not been returned neat and clean, The Charter Company shall charge the costs of extra cleaning and deduct them from the deposit. The Charter Company shall also charge the Client additional fuel and the service of filling fuel in case the vessel has not been returned with full tanks.
For the whole charter period the vessel shall remain the property of The Charter Company. Until the proper handover of the vessel, it shall be considered as being in the Client's charter.
9. RENEWAL OF CHARTER
If, for any reason, the Client wishes to extend the charter term, he is bound to go back to the departure harbour, to contact a representative of The Charter Company and to ask for a written consent for a new check-out time and destination harbour.
10. YACHT'S DOCUMENTS
The vessel has been handed over to the Client with all the valid documents necessary for charter (licence, application form, concession...) as well as other enclosures from the yacht's folder (list of harbour master's offices, gas stations...) The Client is bound to take particular care of all the entrusted documents.
When returning the vessel the Client is also bound to return all the received documents and accompanying enclosures. The Client is bound to keep a logbook.
11. AGENCY'S OBLIGATIONS
The Charter Company undertakes to ensure the implementation of the chartered services to the best of its ability and also to take care of the Client’s rights and interests, in accordance with the best practice in tourism.
The Charter Company undertakes to ensure that the Client shall be offered all chartered services in the booked term, and shall thus be liable to the Client in the event of default and failure to provide the chartered services or any part thereof.
The Charter Company rejects any liability in case of changes and failure to provide the chartered services or part of services due to force majeure (war, unrest, strikes, terrorist actions, sanitary problems, natural disasters, interventions of the authorities in charge, etc.).
12. CLIENT'S OBLIGATIONS
The Client undertakes:
1. to own a valid passport. The cost of any document loss and theft during the voyage shall be borne by the Client.
2. to procure and study the printed material on the proper use of the vessel
3. to conscientiously and carefully handle the vessel, inventoteo ry and equipment and in particular not to steer the vessel under the influence of alcohol or narcotics, behaving responsibly in every respect to the satisfaction of his crew.
4. to sail within the borders of the territorial waters of the Republic of Croatia. Leaving the territorial sea of the Republic of Croatia is possible exclusively with the previous written consent of The Charter Company
5. not to sail in the zones banned for sailing.
6. not to sail and plan itineraries without a previous study of nautical charts, possible itineraries, nautical guides and other manuals aboard, and in particular that he shall not sail in the areas insufficiently explored and inadequately covered by nautical charts.
7. to inform The Charter Company on the occasion of the vessel takeover of an approximate direction of sailing (itinerary) and to keep informing The Charter Company in reasonable intervals, by cellular phone or available radio station, on the position and condition of the vessel and the crew, as well as on possible breakdowns or damage.
8. to carefully plan the route (itinerary) and stick to it so that the point of turning in the direction of the departure harbour (return towards the departure harbour) should be no more than two days’ sailing away from the departure harbour, which approximately totals 40 NM.
9. not to sail by night without turning on all the navigation lights, and that sailing shall take place with appropriate deck observation and adequate attention paid to potential obstacles.
10. to sail only in safe weather conditions and good visibility and avoid clearly dangerous areas.
11. depending on atmospheric circumstances in due time to reef or take down the sails and not allow unnecessary burdening of masts, sails and ropes with the purpose of securing pleasant sailing.
12. not to leave the harbour or anchorage in case the wind force is or is expected soon to become, above Class 23 knots, and in case of generally unstable weather conditions.
13. not to leave the harbour or anchorage in case the vessel or an important part of the equipment, such as the engine, mast, sails, ropes, sludge pump, anchoring equipment, compass, navigation lights, security equipment is not in order.
14. not to leave the harbour in case the port authorities have banned sailing, i.e. issued the ban on departures from the harbour, in case of insufficient fuel supplies and in case of a crew member’s sickness.
15. not to use the vessel for commercial purposes (transport of goods and persons for a fee), professional fishing, sailing school and similar activities.
16. not to sublease the vessel or assign it for use to a third party.
17. not to have aboard any persons in excess of the number of persons the vessel is registered for, and not to have staying on the vessel any person that is not on the crew list.
18. not to participate in regattas or races of vessels without the consent of The Charter Company
19. not to tow another vessel, except in emergencies.
20. to take all preventive measures with the purpose of avoding a situation where the chartered vessel should be towed. In case such a situation should occur though, the towing price should be arranged with the captain of the other vessel prior to the towing of the chartered vessel and after the permission by The Charter Company has been asked for it.
21. to comply with the customs and other regulations of the Republic of Croatia and not to bring aboard any non-declared objects.
22. to personally see to it that he and all the crew members behave in compliance with the laws, provisions and regulations of the Republic of Croatia now in force, especially concerning fishing, spearfishing and not keeping aboard any archaeologically valuable objects.
23. to agree that the vessel charter agreement should be terminated in case it has been established that any of the crew members has violated a valid regulation and/or law of the Republic of Croatia, and that The Charter Company shall be free to dispose of its vessel, without any right of the Client to compensation, and that it is further determined that The Charter Company shall be free of any liability to the state authorities as the Client himself is the only one to be held liable to the authorities for the committed offences and/or criminal offences.
24. to accept all responsibility and indemnify The Charter Company for any and all costs which could be proved as arising from the Client’s actions and omissions, and for which The Charter Company is held liable by a third party under financial and penal provisions of law.
25. that the Client’s liability for any violation of sailing and other regulations committed during the charter term shall survive the expiry of the charter term.
26. to record the course of events in case of any damage to the vessel, accident or breakage, immediately inform The Charter Company, report the marine disaster to the closest harbour master’s office and ask for the verification of it by the harbour master, doctor or the authorities in charge.
27. to immediately inform The Charter Company in case of a vessel or equipment breakdown arising from natural wear and tear of the vessel/equipment. The Charter Company undertakes to fix the breakdown within 24 hours from receiving the information. In case The Charter Company fixes the breakdown within 24 hours, the Client shall not be entitled to any compensation fee. The telephone numbers the information on a breakdown can be reported to can be found in the yacht’s documentation folder.
28. that The Charter Company shall be indemnified by the Client for any damage arising from the Client’s non-deliberate actions and omissions, not covered by insurance, and for which The Charter Company is liable to a third party.
29. that in the case that the vessel or any part of the accompanying equipment goes missing, or in case of inability to steer the vessel, or in case of vessel dispossession, distraint or suspension measures issued by state authorities or third parties, the Client shall immediately notify the competent authorities and The Charter Company and ask for a copy of the police report thereon.
30. to accept full and sole responsibility in case of vessel distraint by an official state authority due to inappropriate or illegal action (commercial fishing, excavation of antiques from the sea bottom…) undertaken in the course of the period of vessel charter
31. to accept sole responsibility in the event of sea pollution resulting from the filling of fuel tanks or rubbish and waste disposal outside of the designated areas(s).
32. to check the oil level in the engine daily. Any damage and loss arising from the lack of oil in the engine are the responsibility of the Client.
33. to properly maintain a logbook and leave it aboard upon the expiry of the charter term.
34. to bring pets (dogs, cats, birds…) aboard only with a prior consent of The Charter Company. Bringing pets aboard is not allowed. Exceptions are possible subject to prior agreement. The Client accepts sole substantive and criminal liability for any breach of the obligations undertaken hereunder.
13. BOATMAN’S LICENCE
The Client must have required marine knowledge and skills, i.e. a valid boatman’s licence for the open sea as well as a certificate confirming his ability to handle the radio station. In case the Client does not have the required documents, knowledge and skills, he undertakes to make sure that the vessel is managed exclusively by a crew member who does.
The Charter Company may ask the Client or the skipper designated by the Client to demonstrate in the presence of a representative of The Charter Company their sailing knowledge and skills. The cost of such testing is borne by the Client. The time required to conduct the testing is included in the charter period.
In case the representative of The Charter Company should establish during testing that the Client, or the skipper proposed by the Client, does not have sufficient knowledge, experience and/or a valid sailing licence, The Charter Company shall have an official skipper join the crew, with an additional payment according to the official pricelist. In case the Client will not accept the skipper as signed, The Charter Company is entitled to ban the departure of the yacht, terminate the agreement and retain the full amount of the charter fee. The Client shall not be entitled to indemnity.
In case the Client is aware in advance that the services of an official The Charter Company skipper will be required, he shall inform the The Charter Company staff thereof at the time of the booking.
14. INSURANCE
Insurance is determined by the terms and conditions stipulated by the insurer with whom The Charter Company has taken out an insurance policy for the vessel.
The vessel must be covered by a third-party liability insurance and against the liability of the third person up to the value of the vessel (obligatory insurance). The vessel is also covered by casco insurance in the registered value of the vessel against the risks according to insurance policy. Casco insurance covers any damage exceeding the deposit amount, arising due to force majeure but not the damage caused intentionally or due to gross negligence.
The Client, the crew and their personal possessions are not insured, so it is recommended that the Client take out a separate insurance policy for this purpose.
Any damage and/or loss must be reported to The Charter Company immediately upon their appearance. In case of larger-scale damages, as well as in case of involvement of several vessels, it is necessary also to report the case to the competent harbour master’s office and ask from them the appropriate documents that will subsequently be handed over to the insurer. The damage covered by insurance policy but not immediately reported to The Charter Company to the authorities in charge, or to the insurer, and the damage which is not properly documented shall not be accepted in accordance with the insurance terms, and the Client shall be held liable with his personal assets for their compensation to the full amount.
With the vessel damage, the Client shall bear the costs in accordance with the existing terms of casco insurance, only up to the deposit level. The costs of all vessel and/or equipment damage caused by gross negligence and/or loss of one or more parts of the equipment, are fully borne by the Client. The sails are not insured so the cost of sails damage shall be borne by the Client. The Client’s liability is excluded only in case of natural wear and tear of the sails or in case of sails damage as a result of mast breakage. Engine damage resulting from the lack of oil in the engine is not covered by insurance and any cost arising from the engine damage shall be borne by the Client.
The Client shall accept full substantive liability for any damage caused by anchorage and docking in harbours and marinas known to be unsafe.
15. LIABILITY FOR COSTS ARISING DURING THE VESSEL CHARTER
Any damage or defects occurring or appearing while the vessel was under the Client’s liability and not related to the natural wear and tear of the vessel, shall be settled by the Client. Prior to repair, the Client must reach an agreement with The Charter Company on technical justification of the required repairs.
Any damage or defects occurring or showing up while the vessel is still under the Client’s liability and being related to natural wear and tear of the vessel, shall be covered by The Charter Company. Prior to the repair itself the Client should reach an agreement with The Charter Company on the financial and technical justification of the required repair. The Client shall settle the account on the spot and undertakes to keep the receipt so that he might get a full refund upon returning the vessel.
16. BREAKAGE AND DAMAGE
The Client undertakes to report to The Charter Company any breakage and damage, immediately upon their appearance and regardless of what their cause might be. The Charter Company shall instruct the Client on the method of carrying out a required repair and/or equipment replacement. Unauthorized repairs and replacements of equipment parts shall be charged to the Client.
17. PROPERTY LOSS
The Charter Company shall not be held liable for any loss and/or damage to the property of the Client and other crew members, or to other persons’ property, disposed and stored on the vessel, operational vehicle or the office of The Charter Company. Having paid the required downpayment and having agreed with the general terms and conditions of the vessel charter agreement, the Client waives any indemnity claims from The Charter Company related to the loss and/or damage made to his personal property or property of other persons.
18. VESSEL PHOTOGRAPHS
In case the photographs of the vessel published on The Charter Company website have the The Charter Company trademark, it means these are the photos of the very vessel the Client will sail on.
The Charter Company would like to emphasize that the photos of the vessel published on The Charter Company website that do not have the The Charter Company trademark, are not the photos of the exact vessel the Client will stay on but these are representative photographs by the vessel manufacturer referring to the model chartered by the Client. The photographs of the vessel are published for orientation only, as help to The Charter Company users. After an insight into the condition of the vessel the Client may find certain deviations from the presented photos but no departure of the actual condition from the photographs presented on The Charter Company website may be the reason for the Client’s request of a replacement vessel or for his claim for any form of indemnity, if the actual model corresponds to the chartered vessel model.
During the presentation of the vessels from The Charter Company offer, and depending on the number of cabins, the designs of all the variations of the presented vessel model are exhibited. The Charter Company. undertakes to clearly point out the actual number of cabins on the vessel. The Client is warned to pay attention to the actual number of cabins on the vessel to be chartered. There shall be no possibility for the Client’s subsequent complaints about being assigned a vessel with fewer cabins than contained in the vessel design shown on the website.
19. COMPLAINTS
Every client is entitled to lodge a complaint if he believes that the services provided were incomplete and/or of low quality. The Client may claim proportional compensation only if at the vessel check-out he submits a written complaint and encloses all the necessary documentation. The written complaint should be signed by both parties; the Client and a representative of The Charter Company. Any complaints received subsequently or with incomplete documentation shall not be taken into consideration by The Charter Company.
The Charter Company shall issue a written reply to the complaint within 14 days of its receipt. The Charter Companymay postpone the deadline for the reply to the complaint in order to collect information and check complaint allegations with the persons directly or indirectly involved in the complaint by no more than 14 additional days.
The Client waives his right to refer his complaint to mediation by any other person, arbitration by the Association of Croatian Travel Agencies (UHPA), a judicial institution or media until The Charter Company. decides to accept or reject the complaint. In case the Client acts contrary to this provision, due to the violation of the procedure, and irrespectivelly of how well-founded Client’s allegations are, the Client shall forfeit his right to file a claim, while The Charter Company shall retain the right to claim compensation for damage incurred by such violation of the procedure by the Client.
The highest compensation per complaint may reach the amount of the advertised part of the services, and it cannot include either the services already used or the total charter price. The Client’s right to non-material compensation is hereby excluded.
20. COURT JURISDICTION
In case the Client is not satisfied with the agency’s decision, and is not able to come to a peaceful agreement with the agency, he is entitled to court arbitration. In such a case, the parties shall accept jurisdiction of the competent court in Zagreb and application of the laws of the Republic of Croatia.
21. CHANGES AND ANNEXES
Any amendment and annex to these general terms and conditions of vessel charter is possible and deemed valid only when made in written form and signed by both parties.
