GENERAL TERMS AND CONDITIONS
FOR THE ACCOMMODATION ON AND THE USE OF YACHTS OF THE OPERATOR
BOOKED THROUGH THE GENERAL AGENCY MIRAMOCLUB
1. PRICE, BOOKING AND TERMS OF PAYMENT
The accommodation service on board the yacht includes the full use of the yacht, including all specified equipment. In addition, other equipment and services such as water sports equipment, towels, bed linen, skipper, dinghy, navigation electronics, WiFi and other specific charter services from check-in to check-out as well as mooring in the home port are included.
The price does not include mooring costs outside the home port, port fees, other fees or the local tourist tax (7 HRK per day).
After the booking confirmation, which is valid only in written form, the payment terms are as follows:
- 50% within 7 days from the booking confirmation
- 50% no later than 4 weeks prior to occupation of the yacht
The price must be paid in full before the takeover.
In the event that the 50% down payment is not received within 14 days despite the receipt of a payment reminder, the operator is entitled to cancel the booking.
With the 50% down payment, both parties agree to the Terms and Conditions of the Accommodation on Board and the Use of the Yacht, including equipment and all the services.
Additional services such as airport transfer, additional water sports equipment, bunkering etc., must be requested at least 7 days prior to arrival and will be charged separately.
If the guest needs or requests a skipper, a deckhand or a hostess, this must be announced during the booking process.
In the booking process, the necessary qualifications (boating license, radio license), if the guest plans to travel without a skipper, are to be submitted. The crew list for all crew members must be submitted not later than one week before delivery.
2. CANCELLATION / SERVICE PROBLEMS
If the guest cannot start using the services, he is obliged to immediately inform the operator. If another charter succeeds, the payments made until then will be returned after possible deductions of resulting costs and a handling fee of € 150.00. The operator is otherwise entitled to the full booking price under the contract, or for a partial charter, to the difference. (The conclusion of a travel withdrawal insurance is recommended.)
If the operator does not provide the service as booked and if he fails to provide an equivalent, a similar, or even a better replacement vessel, or if he fails to provide it in time, the guest can withdraw from the agreement after 24 hours at a service period of up to 7 days. The same obligating waiting period applies to repairs, during the charter week, which is the customer not to be held responsible for.
Exempted from this are service problems of componentes which do not have influence on a save navigation of the vessel and which are appearing notwithstanding provably and scheduled maintenace and which are not indepted by the operator. In this case both parties are constrained to find a fair composition.
In case of bad weather condition resp. position of the vessel the repairworks or the intervention can not be carried our within 24 hours it is not in the responsibility of the operator and the obligating waiting period will be prolonged accordingly.
If the guest justifiably withdraws from the contract, he is entitled to a reimbursement of the entire charter fee and/or in case of a withdrawal during the charter, to a proportionate remuneration.
Exceeding claims of the guest are excluded. In case of a delayed charter start due to the operator, the guest will be compensated for the lost time and the sleep-over costs.
If parts of the equipment were damaged or lost during the preceding charter, and replacements could not be ensured before the start of the new charter, the guest cannot withdraw from the contract or ask for a price reduction, unless the ship was impaired in its seaworthiness.
3. DEPOSIT AND YACHT INSURANCE
All yachts have third party liability insurance, personal accident insurance and comprehensive insurance with self-participation in the approximate amount of the deposit according to the current price list. The personal property of the guests is not insured. The insurance neither covers damage caused by gross negligence.
Before taking over the yacht, a deposit payment in cash or by credit card (Visa, Maser, Amex, Diners) is due. After the service is provided, the deposit is fully refunded if there is no damage to the yacht or loss of the yacht equipment. If that is the case, the operator may retain a portion of the commission that covers the expenses for any repairs and is sufficient to purchase any lost equipment. Even if a skipper is on board, the deposit must be paid in accordance with the price list. In general we suggest to make an deposite insurance to cover the above mentioned risks. In the case the the vessel will be returned with not full fuel tank and the operator need to execute the filling, the operator is entitlet to withhold from the deposite the costs for the missing fuel plus an expences allowance of 0,50 Euro per liter.
B) DAMAGE AND AVERAGE
If any damages occur during the charter time, caused by normal material attrition, the guest will, upon consultation with the operator, arrange the immediate adequate reparation up to the amount of € 500,- which is to be offset by the operator upon submission of the invoice. Exchanged parts are to be kept. The operator has to be immediately informed in case of larger damage as well as accidents. The guest has to undertake everything in order to reduce the damage and the subsequent damages (like cancellation etc.), and to order repairs in arrangement with the operator. If the guest is partly responsible for the damage and the above mentioned procedures or if he disregards the conditions of the agreement, he has to bear the costs, the possible fee loss and a possible direct or indirect damage if this damage is not covered by the insurance.
In case of damage to persons and/or damage to the vessel or to a third person vessel, the guest shall be obliged to make informative photos and to make a damage report at the competent harbour master.
If damage cannot be repaired during the cruise and if a return is accordingly justifiable, the guest is to return prematurely in arrangement with the operator, so that repairs can be performed before the beginning of the subsequent charter.
If the damage is massive and the yacht is no longer seaworthy or there is danger to ship and crew, and such damage is the responsibility of the operator, an earlier return may be an option upon consultation, and the reservation price for the downtime shall be refunded.
4. HANDOVER OF THE YACHT
The operator must hand over the yacht Saturdays by 5.00 p.m. The guest is requested to submit the booking confirmation and the qualification certificates such as driver's license and radio license during the check-in.
The yacht is handed over fully loaded and is to be returned in the same condition. The guest or the authorised skipper will take over the yacht explained and illustrated in detail. The guest will then confirm in writing functionality, condition of the vessel, inventory and equipment and shall bring back the yacht in this condition.
Later objections of the guest to the vessel’s worthiness and equipment are no longer possible. This applies to the electrical and electronic parts and instruments as well.
If there are any hidden defects of essentially components of the vessel which are necessary to have a save navigation the vessel, the guest does not lose the right to be refunded as appropriate. If the guest or the operator realise during the takeover that the guest is not undoubtedly able to navigate the yacht safely, the guest is obliged to book a skipper to do so. This shall be calculated in accordance with the price list.
5. RETURN OF THE YACHT (CHECK-OUT)
The return of the yacht in the home port has to take place no later than 9.00 a.m.
At the time of the return, the yacht and the equipment are checked for damage and condition of the fuel tank. The customer is also requested to return the yacht with empty holding tanks. If the fuel tank is not full, the costs of missing fuel and the costs of refuelling and other damage incurred can be deducted up to the amount
of the deposit. In case of loss or damage, the deposit will totally or partly, depending upon the extent of the damage, be retained up to the final cost calculation, if an immediate calculation is not possible. The operator is in this case obliged to provide the guest with a detailed calculation in a timely manner.
If the operator confirms that the yacht was duly returned, the operator is obliged to refund the deposit or to provide the guest with a receipt / credit card charge.
A delayed return due to the weather conditions will not be accepted because it is mandatory to plan a trip so that a timely return is guaranteed. In case of violation and resulting damage due to delays, amounts may be deducted up to the amount of the deposit. This does not apply for late returns due to defects which are the responsibility of the operator.
If the yacht is not returned in the agreed home port, the guest is obliged to bear the cost of transporting to the home port. These and any other damage caused by delay can be retained up to the amount of the deposit.
If the guest wants to stay longer on board, he has to inform the operator, so the continued availability of the ship or the skipper may be verified and the necessary administrative tasks (crew list, payment ...) can be done.
The guest undertakes:
- to handle the yacht competently and safely
- to have all the necessary qualification certificates/licences
- not to leave Croatian waters
- to handle the ship and the equipment carefully and in accordance with the navigation rules
- not to hand over the ship to a third party
- not to transport people/goods in exchange for payment
- not to occupy the ship with more persons than indicated in the crew list and/or the offer
- to communicate the crew members for the preparation of the crew list
- to inform the operator of a crew change during the service period
- to consider the legal regulations of the host countries
- not to participate in any contests or regatta tours
- to keep an identification document for the entire duration of the service period
- not to handle the yacht under the influence of alcohol or drugs
- to inform the operator immediately in case of any damage or alarmingly bad weather conditions
- to agree upon a fee at towing assistances before acceptance of the assistance
- to abide the necessary check intervals during the tour
- not to leave a safe berthing place at a wind speed of more than 25 knots
- to plan the tour such that a timely return of the yacht is guaranteed
- to take no night cruises without the consent of the operator
- not to engage in fishing or diving activities without the necessary permits
- not to take any pets on board without prior arrangements
- to empty the holding tanks at least 1 nm off the coast
- not to leave the tender or the jet ski to crew members without a license
- to return the yacht undamaged, fully equipped and in a clean condition.
The guest is entirely responsible for the consequences in case of disregard of these obligations. The guest is responsible for all crew
members jointly and severally.
7. OBLIGATIONS OF THE OPERATOR
The operator is obliged to hand over the yacht professionally in good, functional and clean condition at the agreed time. The yacht must have a full fuel tank and the water tanks must also be full. The equipment according to the list must be on board and functional. The most important aids to navigation such as maps, navigation tools, and respective literature must also be kept on board.
In the event that the booked yacht is not available at the agreed time, the operator is obliged to provide an equivalent, similar or better replacement yacht at least within 24 hours. If he fails to do so, the fee is to be refunded in full. Any accommodation costs during the waiting period shall be borne by the operator.
The operator is not liable for delays due to force majeure or adverse weather conditions.
The guest has the right to submit complaints and request a full or partial refund of the service price; this must be done in writing and must be signed by a representative of the operator. If this is not done within 14 days after the end of the service, the client can make no further claims.
9. FINAL PROVISIONS
The parties will aim to settle all disputes amicably and if they should fail to do so, the Swiss law applies. The parties agree upon the jurisdiction of the court in Zürich.