GENERAL CONDITIONS
Effectiveness
The Agreement as part of the Contract will take effectiveness from the moment of payment of the whole amount for the accommodation aboard the vessel. In case that the whole amount is not paid as written in the contract, this Agreement is null and void and the charter company keeps the previously paid amount.
Deposit
The amount of 1500€ or 2000 € (payable in cash or with credit card -Visa, Mastercard, Diners) has to be deposited before embarking. The deposit will be entirely given back if the vessel is brought back undamaged at the agreed time and place, and after a full inspection of the vessel is done. In case of loss or damage of equipment, certain parts of the vessel or the vessel itself, the charter company will keep a certain or the full amount of the deposit corresponding to the purchase price of the lost equipment part or equal to the price of repair. The client has to check the oil in the engine on daily bases, following the given instructions during the check-in. The damage incurred because of lack of oil in the engine is not covered by insurance. For every hour of belated and unannounced restitution of the vessel, the client agrees to compensate the loss incurred to the charter company at the cost of 50 €/per hour because of not having the vessel at his disposal. The delay may be caused only by Force Majeure.
Services
The price for services includes the use of the vessel in time agreed. The charter company covers the costs of berthing only within the home marina Yacht Club Baotić in Seget Donji. Costs of berthing in other marinas are born by the client. The client will bring the vessel back with the full fuel and water tank, clean and dry and with a properly operating engine.
Costs during use of the vessel
After having taken over the vessel, all additional costs like the daily berthing at the port or marina, the costs of fuel, oil, water as well as the costs of repairing any kind of damage or defect caused by irresponsible handling during the period of this Agreement, not resulting from natural wear and tear of the vessel, are to be born by the client under the condition that the client previously concluded an understanding with the charter company on technical justifiability of the repairs which have to be done.
Liabilities of the client
For all actions and oversights of the client for which the charter company is liable against the third party, the client has to fully compensate to the charter company, whether the question concerns material and/or legal costs resulting from specified actions or oversights. The client is liable for the vessel in case of attachment of the same by any authority due to inadequate or illegal actions taken during the use of the vessel during the period of use.
Cancellation of the accommodation
In case of inability of taking over the vessel, the client may find another person in his place who will take over all his rights and obligations resulting from this Agreement. If the replacement is not found, the charter company will keep: *40% of the total amount in case of cancellation up to one month before embarking, *100% of the total amount in case of cancellation less than one month before embarking.
Delivery
The vessel has to be ported back on Friday at 18:00 hours, and checked out on Saturday at 9:00 hours latest. The charter company obliges to deliver the vessel in a technically correct condition, latest at 17:00 hours an embarking day. If the charter company should not deliver the vessel to the client at the agreed place and time according the Charter Contract for any reason, the client may require a refund in the amount corresponding to the number of days he was prevented from having the vessel at his disposal. The agreed period of accommodation on the vessel may be prolonged by the customer for the amount of time corresponding to the time of delayed delivery of the vessel from the charter company, with previous agreement with the charter company. If the charter company is prevented from delivering the vessel to the customer at the agreed place 24 hours upon the lapse of the delivery deadline, or deliver the customer another vessel of similar or better characteristics, the client may cancel the Agreement and request a refund of the total paid amount. In case of a major malfunction on the vessel, the charter company is obliged to repair the occurred malfunction as fast as possible from the moment the malfunction is reported. In case that the malfunction can not be repaired at all, the charter company is obliged to ensure the client another vessel of similar or better characteristics. During the period of time needed by the charter company to purpose the repair of the malfunction on the vessel, the owner has to cover all costs of the vessel – berthing, except in case that the customer is using the same vessel for his accommodation during the period of repair. In this case, the charter company is not obliged to refund the amount paid by the client because of his inability to navigate. Any other damages are hereby excluded. The client is obliged to check the condition of the vessel and of the equipment according to the inventory list, which he has to sign at the moment of embarking. All complaints must be filed before the beginning of the trip. All shortcomings and malfunctions on the vessel and/or equipment, which are not noticed during the check in by the charter company to the client, do not entitle the client to obtain a discount to the price of accommodation aboard the vessel. Keeping pets (dogs, cats, birds etc.) aboard the vessel is not allowed except with previous agreement. The client is obliged to remove all the rubbish and dirt from all the surfaces of the vessel, especially from the cockpit of the vessel, before disembarking.
Insurance
The insurance is determined by the conditions set by the insuring company. The damages covered by the insurance will be recognized and covered only upon timely report to the insurance company, and only for the amount higher than deductible. In case of damage less than deductible (deposit) the client is personally liable for all the damages. The personal belongings are not insured. The vessel’s crew is insured.
General terms and conditions
The client agrees that he will not sail out and leave the territorial boarders of the Republic of Croatia (every exception requires a previous written approval), that he shall not give or lend the vessel to third parties, that he shall not participate in regattas, that he will not use the vessel for commercial purposes, for professional fishing etc, and that he will sail only in safe water and weather conditions and at good visibility. Furthermore, the client obliges to respect the customs’ and other rules and regulations, and he agrees that he shall not transport goods or persons for a financial compensation, that he shall not sail in the zones closed for sailing, that he shall handle the vessel, its inventory and equipment with care, and that he shall not participate in towing another vessel of any kind except noticed before. In case of a shipwreck and/or accident the client shall record the course of events, and in agreement with the charter company shall ask the Port Authority, physician or other authority to certify the same. The charter company shall be informed immediately of the same event. Furthermore, the client agrees to notify the authorities and the charter company in case of disappearance or inability of the vessel, and in case of prohibition of sailing by state authorities or third parties. The client is personally liable to the charter company and takes full responsibility for all consequence in case that the client should fail to comply with the above defined obligations. The damage to the lower / underwater part of the vessel as consequence initiate the full examination of the vessel at the expense of the customer (if required on land as well).
Regulations for sail usage
The client is obliged to lower the sails and not allow the vessel to sail under the tension of the sails above the point of comfortable sailing due to the weather conditions (above 30 knots), to sail only in the area which is applicable to the navigation charts at his disposal; the client and to use the navigation lights and take adequate watch from the deck while sailing during the night.
Porting out regulations
The client shall not port out if the weather or vessel’s conditions or the crew are not safe or are in doubt. This means that in case the strength of the wind exceeds or is expected to exceed 30 knots, or if the port authority issued a navigation ban, or until the damage of any vital part of the vessel (engine, sails, ropes, bilge pump, capstan, navigation lights etc) is removed or repaired, or the reservoir is not filled enough with fuel, the client is not allowed to port or sail out.
Needed licences
The client hereby declares that he or a member of the crew is in possession of a valid navigation and a VHF licence required to operate the vessel.
Capability of operating the vessel
The charter company may ask the client and his crew to prove their navigation skills at sea. In opinion that the client or his crew does not satisfy with the needed knowledge, the charter company may cancel the Agreement as specified above, or name another captain to operate the vessel, and who will be acceptable for both parts. The cost of the assigned captain for certain days has to be covered by the client. The capability test is an integral part of the time period of accommodation as set in the Agreement.
Complaints
Complaints which are submitted in writing by the time of the return of the vessel and signed by the charter company and client shall be taken into consideration.
Special agreements
Special agreements must be made in writing. The parties hereto agree to try to settle all possible misunderstandings or disputes by means of the Agreement. If the dispute is not settled in such a way, the competent court shall be the municipal court at Kaštela, and the ap plicable regulations shall be those of the Republic of Croatia. If any of the provision of the Agreement should be null or void, this shall not affect the validity of other provisions of the Agreement. In such case, the null or void provision shall be replaced by an Agreement between the parties, such as it would have been in case the parties had known that the provision will be inapplicable or void during the stipulation of the Agreement.
