Charter conditions

CHARTER CONDITIONS

1. CHARTER PRICE

The price includes charter of a yacht with its equipment. Harbour dues, taxes and fuel costs are not included in the price.

2. PAYMENT CONDITIONS

The chartered yachts with complete equipment can be used only after the payment was regularly settled (50% upon booking, the rest 4 weeks before commencement of the charter).

3. CONDITIONS OF CANCELLATION

If the charterer for any reason gives up the charter, he can, if previously agreed with the owner, cede his rights and obligations to another person. If he fails to do so, the costs of cancellation shall be reimbursed from the advance payment as follows:

• 30% of the charter price for cancellation up to 2 months before commencement of the charter.
• 50% of the charter price for cancellation up to 1 month before commencement of the charter.
• 100% of the charter price for cancellation within the last month before commencement of the charter. If the cancellation is due to objective reasons (death of family member, heavy injury, war or other) the received downpayment shall not be paid back, but the owner shall give the yacht to the charterer at his disposal for another available period of time or within another season.

4. TAKEOVER OF YACHT

The owner will put at charterer's disposal only completely equipped yachts with full fuel tanks and in faultless conditions and expects the yachts to be returned in the same condition. The yachts are put at charterer's disposal at the appointed time, from 5 p.m. to 9. p.m., at the appointed place. If the charterer fails to takeover the yacht within these 48 hours, the owner is authorized to terminate the contract. If the owner is unable to provide the yacht at the appointed place within 24 hours of the takeover, or provide another suitable yacht, the charterer has the right to terminate the contract and get a reimbursment of the charter fee. The owner will reimburse only the amount of the charter fee, any other compensation possibility is excluded.
When taking over the yacht, the charterer is obliged to check and carefully examine the condition of the yacht and equipment according to the inventory list. The possible hidden defects on the yacht or its equipment, which couldn’t have been known to the owner at the time of takeover, as well as defects which could arise after the takeover, do not give right to the charterer to reduce the charter price. If the further cruise is for any reason not possible or a late return to the base is unavoidable, the base manager must be informed in order to give further instructions. The charterer bears all the charges of the owner that result from the delay caused by bad weather. Therefore, careful planning of a route is recommended. Return in the evening’s hours of a day before check out is obligatory. Any exception is possible only if previously agreed with owner. The owner reserves the right not to hand over the yacht if in the judgment of their representatives the charterer is not competent for any reason to operate the yacht, or to give the instructions at the charterer's expense.

5. SECURITY DEPOSIT

When taking over the yacht, the charterer is required to pay a security deposit, whose amount is determined by a valid price list. If the charterer returns the yacht in good condition and at the appointed time,the deposit will be returned with no deductions. The deposit has to be paid even when the charterer rents a skippered yacht. In case of personal negligence and/or loss of one or more equipment items, the charterer bears all the costs.

6. INSURANCE

The yacht is insured against third party damages and fully insured for all the damages resulting from force majeure up to the registered amount of the value of the yachts for the risks according to the insurance policy. If damage occurs during the cruise and client is not to be charged (due to wear and tear or in case of overdraft of the guarantee sum) he must receive permission (instruction) from the owner or base manager for an adequate repair. In case of some bigger damages, as well as of those where the other boats are involved, the charterer is obliged to report the case to the authorized harbour-master's office and record in a protocol (the course of events, damage estimations) for an insurance company. The charterer is also obliged to report the base. If the charterer does not fulfil his obligations, he can be fully charged for the costs of damage. The damages on the sails are not covered by insurance and the charterer bears the charges for these damages. The same applies to the damages on the engine caused by the lack of oil. The charterer is obliged to check the oil in the engine every day. The personal belongings are not covered by the insurance and it is recommended to the charterer to do it himself. The crew is covered by insurance.

7. CHARTERER'S OBLIGATIONS

The charterer is obliged to sail within the Croatian territorial waters. The charterer is obliged to ask the owner for a special permission and certificate for leaving Croatian territorial waters. The charterer is not allowed to subcharter the yacht or relet it to a third party, to sail at night in unsafe weather conditions, and to violate the public rules, orders and laws. The number of people on board has to correspond to the crew list. The charterer assumes the responsibility for the consequences of non-observance of his obligations. The charterer or skipper declares undoubtedly that he possesses all necessary navigational skills and that he possesses a valid license necessary for the navigation at the open sea and a VHF radio operator's licence, which have to be presented at the base. In case of damage of the yacht or its equipment, the charterer is obliged to inform the owner about it immediately, using one of the several telephone numbers listed in the yacht's documents. The owner is obliged to repair the damage upon notification. If the owner repairs the damage within 24 hours, the client has no right to demand any reimbursement. The client is obliged to notify the authorities and the owner in case the yacht or its equipment is missing, if further navigation is not possible or in case the yacht was stolen, confiscated or if further navigation was prohibited by state authorities or third parties. If the client fails to fulfill his obligations he is considered fully responsible for all the consequences the owner might have.

8. COMPLAINTS

Only written complaints, signed by both parties on the occasion of return of the yacht will be taken into consideration.

9. ARBITRATION

All the possible disagreements or disputes that cannot be settled peacefully, will be under the jurisdiction of the owner's court in Zadar.