General Conditions of the Charter Contract
CHARTER FEE AND PAYMENT
Charter fee includes: yacht dues for its usage in the period of time stated in the contract. Charter fee
does not include: petrol expenses, tourist and residence taxes and a mooring place out of domicile marina. The chartered yacht with
complete equipment can be used only after the payment was regularly settled to the Charteree's account:
- 50% of the charter fee latest 5 (five) days upon signing the contract
- 50% of the charter fee latest 31 (thirty-one) days before the beginning of the charter.
If the payments are not made by the due dates, the Charteree reserves the right to cancel the contract/reservation and to charter the
yacht to a third party.
DEPOSIT
The security deposit has to be deposited in starting marina by the Charterer when taking over the yacht in cash or by credit
card. The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht or the equipment is
found during the returning of the yacht.
In case of loss or damage on the equipment, particular parts of the yacht or the yacht itself, Charteree shall retain the amount (a part or
the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the yacht.
In case the caused damage has the consequence that the yacht cannot be subsequently chartered, Charteree has the right to retain the
amount corresponding to the loss of profit.
CHARTEREE’S OBLIGATION
The Charteree is obliged to deliver to the Charterer a completely clean and dry yacht in seaworthy
conditions with full fuel and water tanks in the agreed time and place.
If there is any reason that Charteree did not fulfil above mentioned conditions, the Charterer has the right to ask for a money refund, for
the days he has not been using the yacht. Also if the Charteree cannot place the yacht at disposal at the agreed place 24 hours after the
expiry of the time period for the takeover, or provide another yacht, at least similar or with better characteristics, the Charterer has the
right to give up the contract and demand the total amount of the charter fee for as many days as he did not have the yacht at his disposal.
The Charterer could demand only the amount of the charter fee; any other rights to indemnification are excluded.
In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption the Charterer is obliged to
inform the Charteree immediately. The Charteree is obliged to remove the damage upon notification.
If the Charteree removes the damage within 24 (twenty-four) hours, the Charterer has no right to require any reimbursement.
TAKE OVER AND HAND OVER OF THE YACHT
The Charterer will take over the yacht in agreed time and place. When taking over the
yacht, the Charterer is obliged to check the condition of the yacht and its equipment according to the inventory list.
Any possible objections have to be made until the start of navigation. Any possible covered defects on the yacht or its equipment, which
couldn't be known to the Charterer at the moment of the takeover, as well as defects which could arise after the takeover, do not give
right to the Charterer to reduce the charter fee. The Charteree reserve the right not to hand over the yacht if the Charterer is not
competent for any reason to operate the yacht or to allocate a skipper to the yacht and charge for it.
If the Charterer fails to take over the yacht within 48 hours, the Charteree is authorized to give up the contract.
On hand-over inventory quoted on the inventory list should be checked again to see if the yacht and the equipment are in working order.
The Charterer is obliged to return the yacht cleaned and tidied without the crew and their personal luggage at agreed marina at least until
the time specified by the Charter contract, including the physical take-over lasting for an hour. Therefore, it is obligatory to return the
yacht in the marina the night before as indicated in the Charter contract. If the returning of the yacht is later that stated in the Charter
contract, the Charterer has the following fees:
- for the delay up to three hours one day charter fee
- for the delay of more than three hours triple daily charter fee plus all other expenses.
Delay cannot be justified by bad weather conditions.
CHARTERER’S OBLIGATION
After taking possession of the yacht, the Charterer shall bear all costs of the daily berth in the port, or in
the marina, costs of fuel, oil, water, cleaning and all other necessities, as well as eliminating all damages and defects, which can appear
while the yacht is under Charterer's responsibility and which are not a result of natural yacht consumption.
The Charterer is obliged to sail within the Croatian territorial waters. The Charterer is obliged to respect customs and
other regulations and rules, take care of the yacht and its equipment and navigate it carefully and in accordance with the maritime
practice and sail only during safe weather conditions and good visibility.
The Charterer, or skipper, declares undoubtedly that he disposes of all necessary navigational skills and that he possesses a valid
license necessary for the navigation at the open sea and the radiophone certificate, which have to be presented to the Charteree.
The Charterer undertakes and states that he shall not sub charter the yacht or rent it to a third party, that he shall not participate in
regattas or yacht races, that he shall not use the yacht in commercial purposes, professional or night fishing, and he shall not sail at night
and by unsafe weather conditions.
Number of persons aboard is to correspond to the crew list. The Charterer assumes the responsibility for the consequences of nonobservance to his obligations.
In case of accident or damage of the yacht or its equipment during the trip, the Charterer is obliged to inform the Charteree without delay.
The Charterer is obliged to notify the Charteree and the authorities in case the yacht or equipment is missing, if the further navigation is
not possible or in case the yacht was seized, or if further navigation was prohibited by the state authorities or a third party. The keeping of
pets (dogs, cats, birds and similar) on the yacht is not allowed, unless a previous agreement was reached in that regard.
The Charterer is obliged to keep a log book, check daily oil level in the engine and take care of the sails.
CHARTERERS LIABILITY
For the damages caused by actions and failure of the Charterer for which the Charteree is liable to a third
party the Charterer is obliged to settle the damages to the Charteree in their entirety, whether it is the case of material and / or legal
expenses that were created from such actions and failures.
The Charterer is explicitly liable for the yacht in case any official body confiscates it due to inappropriate and illegal actions undertaken
during the usage of the yacht.
The Charterer is obliged to pay all the charges for failures made by himself, for which the Charteree might have criminal or financial
responsibility. In case of any damage or accident the Charterer is obliged to write down a suitable report and to inform the authorised
bodies (harbormaster, police, doctors) and the Charteree in case of the yacht disappearance, impossibility to navigate the yacht, as well
as in case state organs or a third party seized or confiscated the yacht or prohibited further navigation.
INSURANCE
The insurance is determined by the conditions stipulated by the insurance company where the yacht is insured. The yacht
has kasko insurance and the insurance against damages from a third party. Damages covered by the insurance which are not
immediately reported either to the Charteree or to the insurance company shall not be acknowledged as per insurance policy. In that case
the Charterer is personally responsible for the total damage as a result of not reporting the damages. The insurance covers all the
damages by franchise caused by weather conditions or by other natural disasters, but not the damages made on purpose. Charges for
the damages made by purpose are not limited by the amount of security deposit and the Charterer must cover all the expenses caused
by damages made on purpose.
The damages on the sails and on the engine caused by the oil deficiency in the engine are not covered by the insurance. The Charterer
bears all the charges for these damages.
CHARTER CANCELLATION
If the Charterer for any reason cannot start the charter the Charterer can find other Charterer by himself
(with previous acceptance of Charteree). If the Charterer is not able to find another Charterer, Charteree shall retain:
- 50% of the contracted price if the charter is canceled up to 31 (thirty-one) days before the embarkation
- 100% of the contracted price if the charter is cancelled within thirty days before the beginning of the charter
In case that Charterer cannot start the charter due to COVID-19 related reasons Charteree shall retain already paid funds as per
cancellation conditions stated above.
Instead of retaining percentages of contracted price, Charteree will issue a credit note to the Charterer if the cancellation happens for
the following specific COVID-19 related reasons:
- If Croatian state border is closed
- If the state border of Charterers country of residence is closed
- If quarantine of minimum 7 days without testing possibility upon return to the country of residence of the Charterer is
mandatory
Credit note equals the amount already paid to the Charteree and is valid for future charter that will take place on any of the boats from
Charteree’s fleet within 12 months from the date of issue of the credit note. Credit note can be claimed only if particular reasons stated
above are valid or announced within 7 days prior to embarkation.
If a cancellation occurred for objective reasons (death of a family member, severe injuries, war etc.) the advance payment shall not be
refunded, but the Charteree shall give the vessel to the Charterer in another available period within the same season.
PERSONAL DATA PROTECTION - in accordance with Regulation (EU) 2016/679 (full Privacy Policy available on our web site and on
request).
The Charterer provides personal data voluntarily. The Charterer’s personal data are necessary in the realization process of the requested
service. The same data will be used for further communication with the Charterer. The Charteree obliges not to transfer the Charterer’s
personal data out of the country or to forward it to a third party, except for purposes of the realization of the requested service.
The exception to distributing personal data to third persons is taking out: cancellation or deposit insurance, accident and illness
insurance, baggage damage or loss insurance and voluntary health insurance for the duration of the trip and staying abroad. If the
Charterer takes out an insurance policy, personal data will be forwarded to the appropriate insurance company. The Charterer’s personal
data will be stored in a data base, according to management's decision on the method of collecting, processing and storing of personal
data.
By accepting these General Conditions, The Charterer agrees that his / hers personal data may be used for Croatia Yachting promotional
activities.
The client can change his / her consent at any time respecting the need of details for the fulfilment of the contract signed with the
Charteree.
COMPLAINTS
Any eventual complaints of the Charterer shall be taken into account only in the written form and if delivered to the
Charterer no later than 8 days after the disembarkation of the Charterer. If the Charterer files a complaint at the moment of the check-out,
the complaint shall be taken into account only in the written form and if signed by the authorized person of the Charteree.
ARBITRAGE
In case of dispute which cannot be resolved in a friendly manner, the parties accept the jurisdiction of the court in Split.
