TERMS AND CONDITIONS
Charter company (hereinafter referred to as CC), in accordance with the General Terms and Conditions and the Charter Contract, will rent the charter vessel to the Client for the agreed period of the charter and guarantees all charter vessels are in good condition and their machinery in proper working order. The person who confirms the reservation or makes the advance payment (hereinafter referred to as the Client) establishes a legal relationship with CC, thereby accepting the General Terms and Conditions. Everything defined by these conditions represents a legal obligation for the Client and CC. These conditions are the basis for resolving any dispute that may arise between the Client and CC.
PRICES AND TERMS OF PAYMENT
Charter prices are given in Euros in the current CC Price List. Upon the payment of the service as relevant is considered the calculated middle CNB exchange rate on the date of confirmed option in the reservation system used by CC and includes VAT in the amount of 13%. CC retains the right of the Price List change without prior notice. The Charter Fee includes a technically adequate, clean vessel with a full fuel tank; on-board accommodation and use of the vessel’s equipment according to the inventory, compulsory and comprehensive insurance, accident insurance for the crew, mooring at the base marina, Cruising Permit for navigation in the Republic of Croatia. The Charter Fee does not include the mooring fees or other port taxes during the charter period, any fees for navigating waters, areas or harbors, costs of fuel, additional services in CC bases and their consumables, car parking expenses and health insurance for the crew. The Client must, within the period of 7 days from the booking confirmation, make 50% advance payment of the total amount of agreed booking price. The remaining 50% of the agreed booking price, the client is obliged to pay no later than 45 days prior the start date of the charter. The Client can take over the vessel only if all the necessary payments have been made.
CHANGES TO OR CANCELLATION RESERVATION
If the Client wants to change the charter terms or cancel the reservation, this must be done in writing (via e-mail, fax, or post.) If the client terminates the charter contract, cancellation fees will be applied. If the Client cancels the reservation in writing, CC reserves the right to apply the following cancellation charges:
In the event of a cancellation made up to 60 days prior to the start date of the charter period AC charges 50% of the Charter Fee. In the event of a cancellation made less than 60 days prior the star of the charter period CC retains 100% of the Charter Fee and charges to the Client all expenses incurred because of the cancellation.If the Client can find a new rental client for the same period of the charter and under the same terms and conditions, CC reserves the right to charge for any administrative and manipulative costs incurred by the change. The Client can, only with the written and confirmed permission of the CC, find a new rental client to take over the charter contract. If the Client must cancel the reservation due to objective reasons (death in the family or serious illness), AC is not liable to return the paid amount, but if the Client rents the vessel in the same period, CC will organize charter on other adequate vessel for the next appropriate date or for the next season, i.e., CC will issue a credit note that can be used in the agreed period. The credit note is calculated considering the difference between the canceled reservation and the reservation later confirmed for the same vessel and in the same period. In case of force majeure (war, unrest, strikes, terrorist activity, sanitary and epidemiological problems, natural disasters, official authority interventions etc.) CC will not be held liable for any reservation modifications or cancellations and will reserve the right to amend the booking terms and conditions.
BOARDING (CHECK-IN)
Upon takeover of the vessel the Client makes the entire inspection of the vessel and signs the Check in list as a confirmation that no damages occurred on the vessel on that occasion including underwater part of the vessel. If an early check-in has been booked for an additional fee and confirmed by the CC, the CC will do everything to comply with the agreed check-in time. Due to the possibility of unforeseen events (such as late return by the pre-Client, necessary repair work to the ship), the promised check-in time cannot be guaranteed. If the promised check-in time is exceeded, the additional fee paid for this will be refunded. Further claims of the Client and any further liability of the CC are expressly excluded. The Client is obliged to pay to CC upon the date of check-in tourist tax per person per night on board, transit log, and a security deposit to cover any damage or loss that can occur during the charter, not covered by the vessel's insurance. The deposit is payable in cash or by credit card via POS machine that automatically makes pre-authorization. The deposit will be refunded in full to the Client once CC’s base staff have confirmed that the vessel has been returned on time and at the agreed place, that the vessel is clean (compliance with house rules) and in good condition with a full fuel tank, and upon signing of the check-out list by the skipper containing the notification ensuring that no damages on the vessel and/or its pertaining equipment occurred, or situations based on which the third parties could claim damage. The security deposit made by credit card pre-authorization will be automatically unblocked in certain period, according on the Client’s bank pre-authorization release protocol. In the event of the damages covered by the insurance policy and the amount of repair which exceeds the deposit amount, CC, i.e. the authorized base will retain the entire deposit and issue the corresponding invoice to the Client. If the Client does not accept the vessel within 24 hours of the agreed time and place without prior notification, CC reserves the right to terminate the contract with no further claims against the company by the Client. CC`s liability for any amount higher from the agreed charter price and for any other claim for compensation of damages is excluded. Upon check-in, the Client is obliged to carefully inspect the vessel and its equipment and certify that the condition of inventory and equipment is in compliance with the check-in list. The Client must submit any complaints regarding the state of the vessel or the equipment in written on the Check-in list before taking over the vessel. CC will not accept liability for any claim or price reduction arising from the hidden defects and deficiencies of vessel and/or equipment at the time of embarkation and regular maintenance of the vessel as well as for deficiencies and failures that may occur after the time of boarding, that could not be foreseen or prevented by the CC. Upon check in of the Client, the vessel will have all valid documents as well as other annexes from the vessel’s folder. The Client undertakes to take exceptionally good care of the aforementioned documents and return them upon the check-out. Any complaint to the received documentation the Client is obliged to submit in writing prior to takeover of the vessel. The Client is obliged to keep the vessel`s documents taken at the check-in procedure and have them in case of the inspection at sea and return them to the reception desk at the check-out. Any kind of damage to or loss of the vessel’s documents will be submitted to the charge, according to the CC’s Price List.
RETURN OF THE VESSEL (CHECK-OUT)
The Client takes out his own waste and disposes it at the designated place in the marina. The Client is obliged to return the vessel in good condition (take out the rubbish, wash the dishes). The damage compensation will be executed in case of filthiness of the vessel (negligence to the property) and failure to comply with the house rules. If during the charter period, sailing for any reason is not possible and/or a delay in return of the vessel is inevitable, the Client must inform the base manager and CC, requesting further instructions. Unfavorable weather conditions cannot justify delays to the agreed return of the vessel. In the event of the eventual delay, not caused because of the technical defects on the vessel, the Client can be charged, as well as for the collateral damage caused by delay. In the event the return of the vessel is made in other port and not the one agreed as the destination port, the Client is liable for the cost of transferring the vessel to the agreed destination port, a penalty charge for the delayed return, if there is one, and any damage that may have resulted from the transfer and which is not covered by the vessel's insurance and the damage possibly occurred during the transfer of the vessel. CC, i.e., the authorized base is entitled to charge all the costs arising from delay or transfer of the vessel primarily from the security deposit. If the costs exceed the amount of security deposit the Client is obliged to pay the amount missing between the amount of the paid security deposit and the amount of the actual cost. The Client is obliged to notify the CC representative of any defects or damage. If the damage is beneath the waterline or is assumed to be beneath the waterline of the vessel, it is necessary to inspect the vessel in detail, either by the intervention of professional divers or using a vessel crane. The CC representative decides on the manner of the inspection and the Client is charged for the associated costs. The Client agrees and declares:
to send the complete crew list, with the full name, address, date and place of birth, citizenship, and the type and number of valid identification document, and for the skipper a currently valid skipper license, to CC no later than one week prior to the start date of the charter period. to be in possession of valid travel documents. The Client bears any costs relating to loss or theft of documents during the period of the charter. to carefully read all written documentation on the board. to sail in a safe, responsible manner, and never under the influence of alcohol or narcotics as well as to handle all gear and equipment with due care and attention. To use of the plotter only serves as a navigation aid. Basically, the navigation must be made using the nautical maps on board. This is also the current case law in most countries. Misconduct may have liability consequences for the responsible skipper. To sail only within the Territorial waters of Croatia. Sailing outside the Territorial waters of Croatia is permitted only if a signed permit is obtained from CC as well as other necessary and related documents. to sail only in safe weather conditions and good visibility, avoiding any dangerous areas. From a wind speed with announced peak gusts of more than 25 knots, the instructions of the base management must be followed, whether they allow the sailing or instruct the Client to seek a safe anchorage. If the request is not complied with, then all claims for resulting damages, against the charter provider and the insurance will be refused. to adjust sailing to the weather conditions and the ability of the crew. Not to leave port or anchorage if the vessel or its equipment essential to the safety of navigation is not functional. To return the Yacht with full tank. Reserve fuel canisters and reserve canisters for the outboard engine are handed over empty and do not need to be returned filled in. After the functional check of the sewage tank at check-in, no complaints for clogged sewage tanks will be accepted during the charter or at check-out to never leave port if port authorities have imposed a prohibition of sailing, i.e., have placed a ban on departure or in case of insufficient fuel supplies.to limit the number of people on board to not more than the designated number for that type of the vessel, as well as to ensure only people on the crew list are allowed on board. Not to participate in regattas or races without first acquiring a written permit from CC. Not to tow another vessel and to undertake all necessary measures to avoid a situation in which a chartered vessel is to be towed. to agree to terminate the Charter Contract if any member of the crew or passenger violated applicable law and/or regulations of the Republic of Croatia; CC takes over the authority over the vessel and the Client remains without right to any compensation. CC will not be liable for any violation of the law or regulations committed by the Client or any person on board and the Client assumes full responsibility. to accept financial responsibility for any liability CC may have towards third parties and which is due to the Client’s, or the charter party’s negligence or omission. to accept responsibility for violating any rules of navigation or other laws and regulations during the term of the contract, which responsibility does not expire with the termination of the Charter Contract or the charter period. to notify CC and the CC`s base immediately of any breakdown, accident, or damage to the vessel, making sure to record the event, register the incident at the nearest Harbor Master's Office and request a verified report from the Harbor Master, doctor, or other competent authority. to notify CC and the CC`s base immediately of any breakdown or failure of the vessel or its equipment caused by normal wear and tear. CC is obliged to repair the defect within 24 hours from the receipt of the notification. In case CC repairs the defect within that deadline, the Client has no right to compensation. Emergency telephone numbers for defect notification can be found in the vessel documentation. to accept the full financial responsibility for any damage caused by negligence or omission, which is not covered by the insurance and for which CC is liable to third party. to immediately notify CC and competent authorities in the event of disappearance of the vessel or its equipment, the vessel not being fit for navigation, seizure of the vessel or the implementation of cruising limits by government authorities or third parties. In such circumstances, the Client will request a copy of the police report. to accept full responsibility in case of seizure of the vessel by the competent state authorities due to unauthorized or illegal acts (commercial fishing, stealing artefacts from the seabed, etc.) committed during the charter period. to accept responsibility in the event of serious pollution of the sea during refueling or due to inappropriate disposal of waste. Pets (cats, dogs, etc.) and animals are allowed on board only if previously agreed with CC and will be additionally charged according to CC's Price List. to accept responsibility for all actions or omissions of passengers on board according to registered passenger list, as well as any other persons not registered but allowed on board by the Client. The Client bears full material and criminal responsibility for actions contrary to agreed liabilities.
SKIPPER'S AUTHORITY
The Client who assumes the function of skipper must have the competence and skills required to navigate the vessel safely, as well as a license for open sea sailing and a Radio Operator's (VHF) License. If the Client does not possess the required competence, skills, and licenses for navigating the vessel, he warrants that the vessel is operated by the member of his crew who has such qualifications. CC reserves the right to ask the Client or the appointed skipper of the vessel to demonstrate his/her competence and skills at sea in the presence of the CC representative. The time required for the demonstration is part of the agreed charter period. If during demonstration the CC representative determines that the Client or the skipper appointed by the Client does not have sufficient competence, experience and/or a valid license for navigation, CC will provide the crew with an official skipper at extra charge. If the Client refuses to accept the appointed skipper, CC reserves the right to prohibit departure of the vessel, terminate the contract and to retain the full paid amount. In these circumstances, any amounts paid will not be refunded. If the Client knows in advance that a skippered vessel will be needed, he must inform CC at the time of booking. The security deposit is required when chartering a vessel with a skipper provided by the CC.
VESSEL INSURANCE
The vessel carries third party damage and liability insurance (compulsory insurance). Comprehensive insurance for the vessel is provided in the amount of the vessel’s value as it is recorded in the insurance policy. The comprehensive insurance covers damage above the amount of the security deposit, but not the damages caused intentionally or by negligence. CC shall have no liability for loss or damage to personal effects of the Client, or other passengers and crew members, nor is CC responsible for any personal effects of third parties left on board, the company vehicle, or within CC offices. Upon making the advance payment and accepting the terms and conditions, the Client waives all damage claims towards CC for loss or damage to personal or third-party effects. In the event of loss or damage, CC must be notified immediately. In the event of a more serious incident, or the participation of more than one vessel, the Client shall notify the competent Harbor Master’s Office requesting the necessary documents for the insurers. Insurance policy covered damages not notified immediately to CC, competent bodies, and the insurance providers, and for which all the necessary documentation has not been submitted, will not be acknowledged in accordance with the terms of insurance and hence for which the Client is fully responsible. The Charterer must immediately inform the base of any damage or problems and follow the instructions given by the base. If s/he fails to do so, the Charterer shall have no claims against the Charter Operator or against the insurance company covering the yacht. In case of damage to the vessel covered by insurance policy, Client is obliged to cover all costs in accordance with the existing comprehensive insurance conditions only up to the amount of security deposit. The Client is liable for the costs of all damages to the vessel and/or equipment caused by Client or the Client party’s negligence or misuse and/or loss of one or more parts of the equipment, in the full amount. The Charterer is aware that in the event of the settlement of any claims by way of a credit card, the credit card operator may charge an additional fee and that these additional costs will be borne by the credit card holder. The Charterer is also aware that the deposit in the local currency is debited from the credit card at the current daily rate, and that this may lead to differences in the calculation.
DAMAGES OCCURED DURING THE CHARTER
The Client is financially liable for any defect or damage to the vessel that occurs during the charter period and that is not related to the vessel’s depreciation. Before making any repairs or purchases, the Client will contact CC and reach an agreement on the technical feasibility of the repair and the manner of payment. CC is financially liable for any loss or damage that occurs during the charter period and which is caused by reasonable wear and tear of the vessel and its equipment. The Client must obtain AC's approval prior to initiating any repairs, in order to agree on the technical and financial aspect of the repairs. The Client will immediately notify CC of any defects or damage regardless of their cause. If CC`s base is not able to arrive and immediately eliminate the damages occurred, CC will personally or instruct the Client to engage the third party to eliminate the damages occurred. Prior to the repair of the damage by the third party, CC must certify the manner of execution of the repair and the costs of repair. After CC certificates the approval for the agreed cost and the manner of execution of the repair, the Client is authorized to settle the cost of the repair on behalf of CC. The Client is required to keep the paid invoice. In the event of any damage or failure due to age or deterioration of the vessel. AC is obliged to refund the amount paid to the Client. Any unauthorized repairs or changes to the gear and equipment will be charged to the Client’s final invoice.
COMPLAINTS
The Client has the right to lodge a complaint if he is not satisfied with the service CC or the CC`s base is providing or believes the quality of service is incomplete and/or unsatisfactory. The Client must send the complaint in writing by e-mail no later than 14 days after the end date of the charter period. Any complaints made later may affect the Client's rights under the Charter Contract. CC reserves the right not to take into consideration any complaints received after the period or incompletely documented complaints. CC is obliged to issue the written decision regarding the complaint not later than 14 days following its receipt. CC reserves the right to postpone the resolution of the complaint a further 14 days with the aim of investigating the complaint and collecting all the necessary information from persons directly or indirectly involved in the case. The highest possible compensation per complaint may equal the value of the advertised part of the service but may not include the already used part of the charter period, nor can it be equal to the full Charter Fee. The Client does not have the right to compensation for non-material damage unless the same is not caused by intention of CC.
LEGAL TERMS
If the Client is not satisfied with the decision of CC and the parties cannot find a peaceful and satisfactory resolution, he/she is entitled to court proceeding. Any disputes not resolved peacefully will be lodged with the Court in Zagreb and are subject to Croatian Law. Any changes or amendments to the General Terms and Conditions are valid only in writing and if agreed upon by both parties.
