Elan 45.1 Impression - 10823

PRICE AND CONDITIONS OF PAYMENT

The prices of boat rentals and the use of accommodation on the vessel are published in Euro (€), in the current valid price list by charter. During the payment of the contracted service, the middle exchange rate of the Croatian National Bank shall be calculated on the day of payment and includes the value added tax in the amount prescribed by the current regulations. By charging a contracted service, it is assumed that the client will use a technically correct, clean vessel with full fuel tanks, the use of vessels and devices, required casco insurance of the vessel, insurance according to the terms of a particular insurance policy for a particular vessel, a bond in the marinas and navigation permission.

The right to prices from the valid price list as well as the confirmation of the declared reservation is realized by the client by paying the advance in the amount of 50% of the amount of the entire lease. 4 weeks before the date of the boat's takeover, the remaining amount of

the total price is paid in order to allow the client sufficient time to prepare crew members, pay travel and health insurance, find the appropriate skipper, and so on.

By completing all of the cash payments, in accordance with the booking process under the above conditions, and with a certified account issued by charter, as well as fulfilling all the other conditions and obligations stipulated in these general terms, the client is free to take over the vessel for use in the agreed period.

The price of accommodation on vessels does not include a "package" of travel insurance: insurance against the risk of an accident and illness on the trip, insurance against damage and loss of luggage, and voluntary health insurance. Also, boat accommodation prices do not cover the cost of marinas during charter, fuel costs and other necessities, ports take, parking cars, as well as crew health insurance.

Charter reserves the right to change the price list without prior notice. In such a way, the price list becomes valid on the day of its publication on the company's official website

DISCOUNTS

In the case of parallel promotions, discounts do not add up. Discounts are not valid for the last minute offer.

THE CLIENT’S OBLIGATIONS

When making a reservation, the client is obliged to charter that all the data necessary for the execution its, is true.

• 1 week before the start of the lease, the client is obliged to deliver the charter list of crew-lists with full names, date and place of birth, address, citizenship, and the type and number of the valid identification document, in the case of skipper, also the number of the valid shipping license.
• Possession of valid travel documents. The costs of theft and / or loss of documents during the period of use of the vessel are exclusively borne by the client.
• The Client is obliged to conscientiously and carefully manage the vessel, inventory and equipment and not to operate the vessel under the alcohol or narcotics, and that in every way will behave responsibly towards the vessel as someone else's property in its current use.
• The Client is obliged to request the written consent of charter, if he wishes to sail outside the territorial sea of the Republic of Croatia.
• The Client is obliged to sail exclusively in secure weather conditions and with good visibility and avoid obviously dangerous areas.
• The Client is obliged to adjust the navigation to atmospheric conditions and capabilities of the crew, or will it allow unnecessary loads of masts, sails and ropes
• The Client is obliged to understand the printed material prepared on board.
• The Client is obliged not to leave the port or anchorage if the vessel or some piece of equipment important for the safety of the navigation itself is not in operation.
• The Client is obliged not to leave the port at the issued ban on navigation by the port authorities and in case of insufficient fuel supplies.
• The Client is obliged not to board a vessel for a larger number of persons than the number of persons for which the vessel is envisaged and not to be accommodated by persons not listed in the crew list.
• The Client is obliged not to give the vessel for surrender, nor to grant it to use a third person.
• The Client is obliged not to use the vessel for commercial purposes (transport of goods and persons for a fee), professional fishing, sailing school and similar activities.
• The Client is obliged not to tug another vessel, to take all preventive measures in order to avoid situations in which the vessel used should be stitched.
• The Client is obliged not to participate in the regatta or racing of the vessel without the written consent of charter.
• The Client is obliged to notify charter in the event of damage to the vessel or its equipment as a consequence of the consumption of the material. charter is required to fix the malfunction within 24 hours of receiving the application. If the malfunction is corrected by charter within 24 hours, the client is not entitled to compensation. The phone numbers to report any malfunctionare in the ship's papers.
• The Client is obliged to record the course of the event and immediately notify the charter in the event of an accident, damage to the vessel or fractures, submit a marine accident report to the nearest port authority, and seek certification by the port authority, the doctor or the competent authority about it. Phone numbers used for this type of notification are contained in ship documents.
• The Client is obliged to all liability and reimbursement of all costs to charter, assuming that they are caused by acts and omissions by the client and crew members, and for which charter materially and criminally responds to a third party.
• The Client is obliged to compensate charter for any damage caused by unauthorized actions and omissions of the client, which is not covered by the insurance, for which charter corresponds to a third party.
• The Client is obliged to immediately notify the charter and the competent authorities in the event of the vessel's missing and associated equipment, inability to operate the vessel, and in case of seizure, seizure or prohibiting measures by state authorities or third parties, and that it will assume all and exclusive liability in case of seizure vessels by an official state authority for inappropriate or illegal actions (commercial fishing, extraction of seawater from antiquity etc.) taken during the use of the vessel during the rental period.
• The Client is obliged to check the amount of oil in the engine every day. The client shall bear the costs and losses incurred as a result of the disappearance and / or lack of oil in the engine, as well as any other motor damage that is not covered by the insurance of the vessel.
• The Client is obliged to request the written permission of charter for boarding pets on board (dogs, cats, birds ...). Pets are not allowed on board.
• The lease agreement is terminated if it is established that some of the crew members have violated some applicable law and / or law of the Republic of Croatia and that charter can freely dispose of the vessel, without any right to compensation by the client. Charter is relieved of any liability with the competent state authorities, since any responsibility for committed offenses and / or criminal offenses before the competent authorities will be borne by the client and crew members themselves.
• The liability of the client for all violations of the rules of navigation and other rules, committed during the chartering of the vessel, does not expire after the expiry of the lease.
• In the event that the vessel must remain in the port due to repairs or events that cannot be attributed to charter 's intent or gross negligence, the client is not entitled to compensation for damages if the repair does not exceed ¼ of the entire period of stay on board. Otherwise, the client is entitled to a fee on a prorated basis. The second compensation on this basis by charter is not possible.
• In case there is a reasonable suspicion that the vessel has been damaged in its underwater part during the duration of the stay, the vessel must be brought to the nearest port in order to underwater inspection of the vessel and, if necessary, arrange the boat to dry. The costs of transporting the vessel, underwater inspection of the vessel and lifting the vessel to dry are borne solely by the client.
• In the case of pollution, when charging fuel tanks or storing garbage and waste outside the prescribed places, the customer is responsible only.

In order to act contrary to the undertaken obligations, the material and criminal responsibility is borne and taken solely by the client even after the expiration of the period of use of the service of the stay on board.

All property and non-pecuniary damage suffered by the damage of the above-mentioned obligations made by the client and its passengers will be collected from the client's bail deposit, and by charter. If the amount of the deposit paid is less than the damage sustained, the client shall personally be liable for the difference between the damage suffered and the amount of the deposit paid.

CANCELLATION OF ACCOMMODATION

In case of cancellation of the confirmed reservation of the vessel, it must be done in writing (email or mail by registered way) to the charter addresses indicated on the company's official website. The date on which charter received a written notice of cancellation is the basis for calculating cancellation costs in the following way:

• For a cancellation up to two months before the start of the service, the charter charges 30% of the total price. The rest of the money is returned to the client at the expense of the recipient.
• To cancel up to one month before the start of using the service, charter charges 50% of the total price. The rest of the money is returned to the client at the expense of the recipient.
• To cancel within one month before the start of the service, the charter charges 100% of the total price, since in this case it is considered that the Client has not given up the service and that accordingly he reserves the right to refer to the service of using the vessel of another user.
• For cancellation after the vessel is taken over, charter keeps 100% of the total price and charges the client for any costs incurred as a result of the cancellation.

charter charges only to the customer the difference between the original agreed price and the actual price that is agreed with the new user, if the client cancelling the chartered vessel, when cancelling the reservation, solely finds a new user of the same reservation, who is ready to assume his rights and obligations. In the event of changes and non-performance of paid services or part of services caused by force majeure (war, riots, strikes, terrorist actions, sanitary disorders, natural disasters, interventions of the competent authorities, etc.), charter excludes any liability.

VESSEL TAKEOVER (CHECK-IN)

Charter is obliged to hand over to the client a technically correct and fully equipped full-tank vessel, clean and neat, ready for sailing.

If, for any reason not attributable to the Force Majeure, the charter is not able to deliver to the client a reserved vessel at the agreed time, the charter has a time period of 24 hours, to make available to the client another vessel of similar characteristics. In the event of an unscheduled task by charter, the client has the option to terminate the contract and request a refund of all payments made. If the client decides to wait for the replacement vessel and beyond the contracted deadline, it also has the possibility to claim an amount equal to the value of daily use of the vessel for the number of days for which it was unable to dispose of the vessel (contractual penalty). The liability of charter for the amount exceeding the agreed price of the vessel is excluded and the client is denied the right to claim compensation for damage caused by the inability to surrender the contracted vessel at the agreed time and place.

If the client, without notice, does not take over the vessel even after 48 hours of the contracted takeover time, the charter is authorized to unilaterally terminate the contract on the use of the vessel for the exclusive damage of the client, and the client has no right to subsequently claim any amount of money on the basis of the termination of the contract.

The client has the unconditional obligation to deposit the charter cash amount on the basis of the bail, as a guarantee that all possible losses or damages incurred during the use of the vessel will be recovered, and if they are not covered by the insurance policy. The deposit is left in cash or via a device that automatically makes pre-authorization.

If for any reason the client does not want or is not able to leave the required cash amount on bail, charter reserves the right to terminate the contract at the expense of the client and keep the entire amount paid for the name of the guest's stay on board.

The deposit is returned to the customer as soon as the representative of charter determines that the vessel has been returned to the agreed time at the agreed place, duly and undamaged, with full fuel tanks and provided that they do not exist, and the requirements of third parties in relation to the client have been announced are related to the customer's use of the vessel.

In the event of gross negligence or damages to the vessel and / or equipment and in case of loss of one or more parts, the client shall bear all the costs. Charter shall retain the amount of the deposit corresponding to the value of the repair, purchase and / or purchase of equipment or of a particular part of the vessel. If due to damage / loss of the vessel / equipment it is not possible to continue to rent the vessel charter will retain the amount of bail, corresponding to the amount of lost profit.

Instead of a regular security deposit, the client may choose to pay damage waiver, to inform charter service provider at the latest one week before the start of the lease.

Damage waiver is a non-refundable amount that the client pays to a bank account (transaction) of charter or in the base by credit card or cash (only kuna, Croatian currency). When a customer pays a damage waiver, he is not required to leave full security bail. Damage waiver does not include: fuel costs, clogged toilet, deliberate negligence, vandalism, loss of dinghy, loss of outboard engine, loss of anchor and chain, broken sails (due to negligence) and damage caused to the gennaker.

Damage waiver is not possible for regattas.

A deposit is also required in cases where the vessel is leased with a skipper engaged by charter.

During the check-in, the customer undertakes to examine and carefully check the general condition of the vessels and equipment and determine whether the inventory and equipment are in fact in accordance with the existing handover list. Any hidden deficiencies and shortcomings of the vessel and / or equipment, which charter could not be known during the surrender of the vessel, as well as the defects and defects that occurred after the surrender of the vessel, which charter could not foresee, do not entitle the client to seek a reduction in the rental price. Possible complaints are submitted exclusively in writing form, before the beginning of the trip.

The inconsistency of the equipment and inventory of the vessels with the inventory list received by the client at the time of booking do not give a basis for the client to request the reduction of the agreed price or the basis for claiming damage compensation, provided the safety of the navigation is unrestricted.

The vessel is committed to using the client with all valid documents required for rent (license, registration, ...) as well as other attachments from the ship's folder (a list of port authorities, gas stations, etc.). The Client is obliged to pay attention to all received documents and return the charter undamaged when returning the vessel.

If the client loses or damages any of the documents downloaded or part of it, charter reserves the right, without prior consent, to charge a one-time penalty to the client. The stated amount will be charged from the bail and will use the middle exchange rate of the Croatian National Bank for the calculation, on the day of payment.

Faults, deviations of instruments, or similar problems with equipment and inventory do not give the client the right to refuse check, stop travel, and request reimbursement of the paid price and / or bail, provided that the correct navigation is enabled by conventional methods and if the safety of the ship and the crew guarantees good navigation.

Charter has the right to refuse to submit the vessel to an independent possession of the client in the event that

• The stay is not fully paid
• The client did not leave a bail or at least secure it
• The client does not have all the necessary documents (passport or ID card), a boat management license accepted by the Ministry of the Sea, a VHF / GMDSS license
• During the check-in or during the test drive, a skipper does not have the necessary qualifications to perform this duty.

In case of an extension of the period of use of the on-board service, the customer must contact charter, return to the agreed port and request the charter 's written consent for the new time and place of return of the vessel. Contracted boat service is considered extended only at the moment when the client from charter takes over the written consent for the extension of the used service.

OBLIGATIONS OF THE ROLLER OF THE VESSEL

If the client wishes to take over the role of the master of the vessel, he must have compulsory marine knowledge and skills and a valid license for the operation of the vessel on the open sea, as well as a certificate of passing the GMDSS radio test passed. In case of lack of required documents, knowledge and skills, the client is obliged to take care that the vessel is managed exclusively by the crew member who has them.

In the case of a voyage inspection at sea, prescribed by the legislation, charter has the right to request that the crew member designated for the vessel's commander demonstrates his knowledge and skills. The time spent on testing is included in the contracted period of use of the vessel.

If it is established, by charter when testing that the client, or the client proposed by the client, does not have sufficient knowledge, experience and / or valid permits for navigation, charter will join the crews of the official skipper, at an additional charge in accordance with the official price list. Not accepting an approved skipper by the client, charter has the right to prohibit the departure of the vessel, terminate the contract exclusively at the detriment of the client and fully retain the paid rent. The right to compensation of damages by the client is not possible. The client is obliged to notify charter when booking for skipper services.

RETURN VESSELS (CHECK-OUT)

The client is obliged to return the vessel at the agreed time, not later than 9 am on the last day of the contracted use of the vessel for the purpose of accommodating passengers, in the contract defined port destination, neatly and cleanly, with full fuel tank, ready for further navigation, or in the same condition as it was taken. The client is obliged to take out his garbage from the vessel and throw it at the prescribed garbage dump in the marina.

If, during any trip, a further ride for any reason is not possible and / or exceed the agreed return date inevitably, due to obtaining further instructions, the manager of the base and charter must also be notified. Adverse atmospheric conditions are not justification for exceeding the agreed return date.

Upon exceeding the agreed return date, the client guarantees that for any delay up to 12 hours,will pay an additional 2% of the rental price for each hour of delay. For a delay of more than 12 hours from the agreed hour of return of the vessel, the client is obliged to pay the daily cost of using the vessel for each subsequent calendar day. All costs incurred by charter due to delay in the surrender of the vessel are attributed to the client. Deviations from this rule are possible, but only with the prior agreement of the client and charter.

In case of returning the vessel to the port that is not contracted as the port of destination, charter reserves the right immediately all the costs incurred for the vessel's transfer to the agreed destination port and the agreed penalty in the amount of 2% of the agreed price for each hour of delay and compensation for all damages not covered by the insurance policy, which occurred during the transfer, shall be charged primarily from the amount of the bail. If the costs and contractual penalty exceed the amount of the bail, the client undertakes to immediately settle the difference.

The Client is obliged to report to the representative of charter all possible defects and damages. If damage has occurred in the underwater part of the vessel or there is any doubt about it, a detailed inspection of the vessel should be carried out by hiring a diver or a crane. The manner in which the review will be performed is decided by charter, and the costs of the procedure are borne by the client.

INSURANCE OF THE VESSEL

The vessel is insured for damages inflicted to third parties, and third party liability (mandatory insurance). The vessel is also insured in the reported value of the vessel for the risks to the insurance policy. In accordance with the terms of insurance, the concluded Casco insurance covers damages, over the amount of the deposit, but not damages caused intentionally or for gross negligence.

Charter is not responsible for the loss and / or damage to the property of the client and other crew members, as well as others of the property, deposited and stored on board, operating vehicle or charter. By paying the necessary advance payment, and agreeing to the general terms and conditions of the boat charter, the client waives all claims for damages in respect to charter, and is associated with losses and / or damage to personal and / or other property.

All damages and / or losses must be reported to the charter immediately after the occurrence. In case of major damage, as well as in the participation of several vessels, it is necessary to report the case to the competent port authority, and to ask for appropriate documents that will be subsequently handed over to the insurer. There is a possibility that damages covered by the insurance policy, which have not been immediately reported to the charter, to the competent authorities or the insurer, and for which there is no all necessary documentation, will not be recognized in accordance with the terms and conditions of insurance, in which case they will be solely solicited and a personal client.

In case of damage to the vessel, the client is entitled to bear the costs in accordance with the existing conditions of Casco insurance, only up to the amount of bail. The costs of all damages to vessels and / or equipment caused by gross negligence and / or loss of one or more parts of the equipment shall be borne exclusively by the client in full amount.

Sails are not insured and the costs incurred by damage of sails are borne by the client. The client is not responsible solely in case of natural sails wear or in the event of damage to the cores caused by broken mast.

The client is responsible for engine damage caused by a lack of oil in the engine, as these damages are not covered by insurance, as well as for any costs caused by engine damage.

DAMAGES APPEARED DURING THE TIME OF ACCOMMODATION ON THE VESSEL

All damages or defects that have arisen or occurred while the vessel was under the responsibility of the client (during the use of the residence service), which are not related to the depreciation of the vessel, is settled by the client, in person. Prior to the repair or purchase, the customer should immediately contact charter and reach an agreement with charter on the technical justification of the necessary repairs and the method of collecting damages.

All damages or defects that have arisen or occurred while the vessel was under the responsibility of the client, which are related to the depreciation of the vessel, is covered by charter. Prior to the repair, the client must agree with charter on the financial and technical justification of the necessary repair. The client settles the invoice on the spot and is responsible to keep the same, in order to be fully refunded when submitting the vessel.

Charter does not bear any responsibility regarding the installation and use of the safety net on board. The client accepts the fact that he uses the security network solely on his own responsibility.

The Client undertakes to notify charter of any defects and damages immediately upon their occurrence and regardless of the cause. Charter will instruct the client in the manner of carrying out the necessary work and / or replacement of the equipment. The client will bear the costs in case of unauthorized repair and replacement of equipment parts.

COMPLAINTS

If the client finds that the services are incomplete and / or inaccurately executed by charter, the client has the right to complain. The client has the option of requesting a reasonable compensation only if he makes a written complaint at the return of the vessel (check-out) and encloses all the relevant documentation. A written complaint should be signed mutually; by the client and charter representative. Charter will not be considered for subsequent received and incomplete documented complaints. Charter is obliged to make a written decision on the received complaint within 15 days after receiving it. Charter may, with the prior written consent of the client, postpone the deadline for resolving the complaint for collecting information and verifying the allegation of complaint in persons directly or indirectly involved in the complaint for a maximum of 7 additional days.

The maximum compensation for the complaint can reach the amount of the advertised part of the service, and cannot include already used services or the total amount of the lease. On the basis of the above, the right of the client to compensate for non-pecuniary damage is excluded.

For unfavourable climatic conditions, cleanliness and temperature of the sea in the destinations of navigation, and all other similar situations and events that can cause dissatisfaction with the client, and do not directly concern the quality of the hired boat (dirty sea, bad weather, badly regulated beaches, excessive crowds, theft or damage to crew members' property, etc.), charter is not responsible.

LEGAL CONDITIONS

In the event of a dispute, the jurisdiction of the court in Zagreb shall be agreed. The parties are referred to a peaceful and consensual resolution. If it is not possible, they are legally entitled to initiate court proceedings.

The general terms and conditions become valid on the day of publication on the company's official website and are considered available to all third parties on the day of publication.

Any change and addition to these general terms and conditions of boat chartering is possible and valid only in written form. The client confirms the reservation and the payment of the agreed price confirms his consent to the above conditions, regardless of whether he has read and understood it. General terms and directions to the trip exclude all previous conditions and travel directions.

The general terms and conditions obligate all clients without exception, regardless of whether the reservation is confirmed directly through charter or through an authorized agent. No one can invoke the circumstance that the General Conditions were not known and / or interpreted.

PROTECTION OF PERSONAL DATA

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the abrogation of Directive 95/46 / EC (General Regulation on the Protection data), EY applies in full the principles of the present Regulation ("Regulation").

Personal data is any information relating to an individual whose identity has been identified or can be identified ("respondent"); an individual whose identity can be identified is a person who can be identified directly or indirectly, in particular by means of identifiers such as name, identification number, location data, network identifier or with the help of one or more factors specific to the physical, physiological, genetic, mental , economic, cultural or social identity of that individual.

In the course of its activity, charter collects, uses, transmits and otherwise processes personal data of its clients, employees and business partners and other individuals whose identity can be determined directly or indirectly (hereinafter: Respondents).

Depending on the nature of the joint business or other relationship, charter can dispose of different personal data of the Examiner. This includes identification and contact information, financial data, transaction data, contracted services and products, invoices, correspondence addressed to charter, and documented data (eg copy of ID, passport, certificates of professional qualifications, credit cards, etc.) and publicly available data.

Charter processes personal data and may use them only for the purposes for which it was collected. The processing of personal data is permitted only and to the extent that at least one of the following principles is fulfilled:

• processing is necessary to comply with charter legal obligations;
• processing is necessary for the execution of a contract in which the Respondent is a contracting party or in order to take action on the request of the Respondent prior to the conclusion of the contract in the field of activity charter;
• processing is necessary for the needs of legitimate business interests of charter or a third party, unless such interests reinforce the interests or fundamental rights and freedoms of the Examinees that require the protection of personal data; • The day is explicitly consented by the Examiner.

Charter undertakes to process personal data lawfully, fairly and transparently with respect to the Examiner, collect them for specific, explicit and legitimate purposes and will not further process them in a manner that is inconsistent with these purposes, nor is further processing for archival purposes in the public interest, for the purpose of scientific or historical research or for statistical purposes.

The information charter legitimately processes collects from the Examiner during its establishment and during the duration of the business relationship, during the interview with the Respondent in the Agency's office, when using the EY Internet pages, in electronic messages and letters and other documents, when concluding an employment contract with charter employees performing other activities for which charter is authorized.

In cases where personal data are not obtained directly from the Examiner, charter is obligated to the Respondent; additionally provide information on the categories of personal data in question, the source of personal data and whether they come from publicly available sources.

The above information will be provided to the respondent within a reasonable time, depending on the circumstances of each particular case.

In certain cases, charter may request the consent of the Examination to process personal data for certain purposes. When processing the personal data of the Tester is based on consent, the Respondent may at any time withdraw the consent, but this will not affect the legality of the processing based on consent before it is withdrawn. Retirement is enabled in the same way as giving it.

Fundamental rights of respondents whose personal data are processed:

• The right to be informed about the collection and any further processing of personal data;
• The right to give up the consent to the processing of personal data and to request the termination of personal data processing.
• The right to view personal data contained in data collections.
• The right to correct supplement or delete personal data contained in data collections if personal data are inaccurate or incomplete.
• The right to oppose the processing of data for marketing purposes.
• The right to object to the competent regulatory authority.
• The right to object to the collection and processing of personal data in which case charter can no longer process data unless it proves that there are compelling legitimate reasons for processing prescribed by the introductory Regulation or the positive regulations of the Republic of Croatia, which exceed the interests, rights and freedoms of the Exhibitor, or the defence of legal requirements.

The respondent has the right to erase personal data related to him without undue delay, and the manager of the processing is obligated to delete personal data without undue delay if one of the conditions prescribed by Article 17 of the Regulation (the right to oblivion) is fulfilled.

If the charter has the explicit and voluntary approval of the Examiner, the charter can use personal information to inform the Respondents about their products, services and offers that they find potentially important or interesting to them. Charter allows the Respondent to ask at any time to stop advertising him.

Charter must keep the personal data of the Examiner in accordance with special legal regulations governing the obligation to store certain categories of data for a longer or shorter period of time.

In accordance with its objective possibilities, charter undertakes appropriate technical and organizational measures to ensure the necessary protection of personal data. These measures specifically relate to computers (servers and workstations), networks and communications links and applications.

Only authorized charter employees who are familiar with the terms of data confidentiality are involved in processing them. It is forbidden to use these data for personal use or to make them available to any unauthorized party. In this context, unauthorized employees are also considered employees whose access to these data is not necessary for fulfilling work obligations. The obligation of confidentiality is valid even after the termination of employment.

PRICE AND CONDITIONS OF PAYMENT

The prices of boat rentals and the use of accommodation on the vessel are published in Euro (€), in the current valid price list by charter. During the payment of the contracted service, the middle exchange rate of the Croatian National Bank shall be calculated on the day of payment and includes the value added tax in the amount prescribed by the current regulations. By charging a contracted service, it is assumed that the client will use a technically correct, clean vessel with full fuel tanks, the use of vessels and devices, required casco insurance of the vessel, insurance according to the terms of a particular insurance policy for a particular vessel, a bond in the marinas and navigation permission.

The right to prices from the valid price list as well as the confirmation of the declared reservation is realized by the client by paying the advance in the amount of 50% of the amount of the entire lease. 4 weeks before the date of the boat's takeover, the remaining amount of

the total price is paid in order to allow the client sufficient time to prepare crew members, pay travel and health insurance, find the appropriate skipper, and so on.

By completing all of the cash payments, in accordance with the booking process under the above conditions, and with a certified account issued by charter, as well as fulfilling all the other conditions and obligations stipulated in these general terms, the client is free to take over the vessel for use in the agreed period.

The price of accommodation on vessels does not include a "package" of travel insurance: insurance against the risk of an accident and illness on the trip, insurance against damage and loss of luggage, and voluntary health insurance. Also, boat accommodation prices do not cover the cost of marinas during charter, fuel costs and other necessities, ports take, parking cars, as well as crew health insurance.

Charter reserves the right to change the price list without prior notice. In such a way, the price list becomes valid on the day of its publication on the company's official website

DISCOUNTS

In the case of parallel promotions, discounts do not add up. Discounts are not valid for the last minute offer.

THE CLIENT’S OBLIGATIONS

When making a reservation, the client is obliged to charter that all the data necessary for the execution its, is true.

• 1 week before the start of the lease, the client is obliged to deliver the charter list of crew-lists with full names, date and place of birth, address, citizenship, and the type and number of the valid identification document, in the case of skipper, also the number of the valid shipping license.
• Possession of valid travel documents. The costs of theft and / or loss of documents during the period of use of the vessel are exclusively borne by the client.
• The Client is obliged to conscientiously and carefully manage the vessel, inventory and equipment and not to operate the vessel under the alcohol or narcotics, and that in every way will behave responsibly towards the vessel as someone else's property in its current use.
• The Client is obliged to request the written consent of charter, if he wishes to sail outside the territorial sea of the Republic of Croatia.
• The Client is obliged to sail exclusively in secure weather conditions and with good visibility and avoid obviously dangerous areas.
• The Client is obliged to adjust the navigation to atmospheric conditions and capabilities of the crew, or will it allow unnecessary loads of masts, sails and ropes
• The Client is obliged to understand the printed material prepared on board.
• The Client is obliged not to leave the port or anchorage if the vessel or some piece of equipment important for the safety of the navigation itself is not in operation.
• The Client is obliged not to leave the port at the issued ban on navigation by the port authorities and in case of insufficient fuel supplies.
• The Client is obliged not to board a vessel for a larger number of persons than the number of persons for which the vessel is envisaged and not to be accommodated by persons not listed in the crew list.
• The Client is obliged not to give the vessel for surrender, nor to grant it to use a third person.
• The Client is obliged not to use the vessel for commercial purposes (transport of goods and persons for a fee), professional fishing, sailing school and similar activities.
• The Client is obliged not to tug another vessel, to take all preventive measures in order to avoid situations in which the vessel used should be stitched.
• The Client is obliged not to participate in the regatta or racing of the vessel without the written consent of charter.
• The Client is obliged to notify charter in the event of damage to the vessel or its equipment as a consequence of the consumption of the material. charter is required to fix the malfunction within 24 hours of receiving the application. If the malfunction is corrected by charter within 24 hours, the client is not entitled to compensation. The phone numbers to report any malfunctionare in the ship's papers.
• The Client is obliged to record the course of the event and immediately notify the charter in the event of an accident, damage to the vessel or fractures, submit a marine accident report to the nearest port authority, and seek certification by the port authority, the doctor or the competent authority about it. Phone numbers used for this type of notification are contained in ship documents.
• The Client is obliged to all liability and reimbursement of all costs to charter, assuming that they are caused by acts and omissions by the client and crew members, and for which charter materially and criminally responds to a third party.
• The Client is obliged to compensate charter for any damage caused by unauthorized actions and omissions of the client, which is not covered by the insurance, for which charter corresponds to a third party.
• The Client is obliged to immediately notify the charter and the competent authorities in the event of the vessel's missing and associated equipment, inability to operate the vessel, and in case of seizure, seizure or prohibiting measures by state authorities or third parties, and that it will assume all and exclusive liability in case of seizure vessels by an official state authority for inappropriate or illegal actions (commercial fishing, extraction of seawater from antiquity etc.) taken during the use of the vessel during the rental period.
• The Client is obliged to check the amount of oil in the engine every day. The client shall bear the costs and losses incurred as a result of the disappearance and / or lack of oil in the engine, as well as any other motor damage that is not covered by the insurance of the vessel.
• The Client is obliged to request the written permission of charter for boarding pets on board (dogs, cats, birds ...). Pets are not allowed on board.
• The lease agreement is terminated if it is established that some of the crew members have violated some applicable law and / or law of the Republic of Croatia and that charter can freely dispose of the vessel, without any right to compensation by the client. Charter is relieved of any liability with the competent state authorities, since any responsibility for committed offenses and / or criminal offenses before the competent authorities will be borne by the client and crew members themselves.
• The liability of the client for all violations of the rules of navigation and other rules, committed during the chartering of the vessel, does not expire after the expiry of the lease.
• In the event that the vessel must remain in the port due to repairs or events that cannot be attributed to charter 's intent or gross negligence, the client is not entitled to compensation for damages if the repair does not exceed ¼ of the entire period of stay on board. Otherwise, the client is entitled to a fee on a prorated basis. The second compensation on this basis by charter is not possible.
• In case there is a reasonable suspicion that the vessel has been damaged in its underwater part during the duration of the stay, the vessel must be brought to the nearest port in order to underwater inspection of the vessel and, if necessary, arrange the boat to dry. The costs of transporting the vessel, underwater inspection of the vessel and lifting the vessel to dry are borne solely by the client.
• In the case of pollution, when charging fuel tanks or storing garbage and waste outside the prescribed places, the customer is responsible only.

In order to act contrary to the undertaken obligations, the material and criminal responsibility is borne and taken solely by the client even after the expiration of the period of use of the service of the stay on board.

All property and non-pecuniary damage suffered by the damage of the above-mentioned obligations made by the client and its passengers will be collected from the client's bail deposit, and by charter. If the amount of the deposit paid is less than the damage sustained, the client shall personally be liable for the difference between the damage suffered and the amount of the deposit paid.

CANCELLATION OF ACCOMMODATION

In case of cancellation of the confirmed reservation of the vessel, it must be done in writing (email or mail by registered way) to the charter addresses indicated on the company's official website. The date on which charter received a written notice of cancellation is the basis for calculating cancellation costs in the following way:

• For a cancellation up to two months before the start of the service, the charter charges 30% of the total price. The rest of the money is returned to the client at the expense of the recipient.
• To cancel up to one month before the start of using the service, charter charges 50% of the total price. The rest of the money is returned to the client at the expense of the recipient.
• To cancel within one month before the start of the service, the charter charges 100% of the total price, since in this case it is considered that the Client has not given up the service and that accordingly he reserves the right to refer to the service of using the vessel of another user.
• For cancellation after the vessel is taken over, charter keeps 100% of the total price and charges the client for any costs incurred as a result of the cancellation.

charter charges only to the customer the difference between the original agreed price and the actual price that is agreed with the new user, if the client cancelling the chartered vessel, when cancelling the reservation, solely finds a new user of the same reservation, who is ready to assume his rights and obligations. In the event of changes and non-performance of paid services or part of services caused by force majeure (war, riots, strikes, terrorist actions, sanitary disorders, natural disasters, interventions of the competent authorities, etc.), charter excludes any liability.

VESSEL TAKEOVER (CHECK-IN)

Charter is obliged to hand over to the client a technically correct and fully equipped full-tank vessel, clean and neat, ready for sailing.

If, for any reason not attributable to the Force Majeure, the charter is not able to deliver to the client a reserved vessel at the agreed time, the charter has a time period of 24 hours, to make available to the client another vessel of similar characteristics. In the event of an unscheduled task by charter, the client has the option to terminate the contract and request a refund of all payments made. If the client decides to wait for the replacement vessel and beyond the contracted deadline, it also has the possibility to claim an amount equal to the value of daily use of the vessel for the number of days for which it was unable to dispose of the vessel (contractual penalty). The liability of charter for the amount exceeding the agreed price of the vessel is excluded and the client is denied the right to claim compensation for damage caused by the inability to surrender the contracted vessel at the agreed time and place.

If the client, without notice, does not take over the vessel even after 48 hours of the contracted takeover time, the charter is authorized to unilaterally terminate the contract on the use of the vessel for the exclusive damage of the client, and the client has no right to subsequently claim any amount of money on the basis of the termination of the contract.

The client has the unconditional obligation to deposit the charter cash amount on the basis of the bail, as a guarantee that all possible losses or damages incurred during the use of the vessel will be recovered, and if they are not covered by the insurance policy. The deposit is left in cash or via a device that automatically makes pre-authorization.

If for any reason the client does not want or is not able to leave the required cash amount on bail, charter reserves the right to terminate the contract at the expense of the client and keep the entire amount paid for the name of the guest's stay on board.

The deposit is returned to the customer as soon as the representative of charter determines that the vessel has been returned to the agreed time at the agreed place, duly and undamaged, with full fuel tanks and provided that they do not exist, and the requirements of third parties in relation to the client have been announced are related to the customer's use of the vessel.

In the event of gross negligence or damages to the vessel and / or equipment and in case of loss of one or more parts, the client shall bear all the costs. Charter shall retain the amount of the deposit corresponding to the value of the repair, purchase and / or purchase of equipment or of a particular part of the vessel. If due to damage / loss of the vessel / equipment it is not possible to continue to rent the vessel charter will retain the amount of bail, corresponding to the amount of lost profit.

Instead of a regular security deposit, the client may choose to pay damage waiver, to inform charter service provider at the latest one week before the start of the lease.

Damage waiver is a non-refundable amount that the client pays to a bank account (transaction) of charter or in the base by credit card or cash (only kuna, Croatian currency). When a customer pays a damage waiver, he is not required to leave full security bail. Damage waiver does not include: fuel costs, clogged toilet, deliberate negligence, vandalism, loss of dinghy, loss of outboard engine, loss of anchor and chain, broken sails (due to negligence) and damage caused to the gennaker.

Damage waiver is not possible for regattas.

A deposit is also required in cases where the vessel is leased with a skipper engaged by charter.

During the check-in, the customer undertakes to examine and carefully check the general condition of the vessels and equipment and determine whether the inventory and equipment are in fact in accordance with the existing handover list. Any hidden deficiencies and shortcomings of the vessel and / or equipment, which charter could not be known during the surrender of the vessel, as well as the defects and defects that occurred after the surrender of the vessel, which charter could not foresee, do not entitle the client to seek a reduction in the rental price. Possible complaints are submitted exclusively in writing form, before the beginning of the trip.

The inconsistency of the equipment and inventory of the vessels with the inventory list received by the client at the time of booking do not give a basis for the client to request the reduction of the agreed price or the basis for claiming damage compensation, provided the safety of the navigation is unrestricted.

The vessel is committed to using the client with all valid documents required for rent (license, registration, ...) as well as other attachments from the ship's folder (a list of port authorities, gas stations, etc.). The Client is obliged to pay attention to all received documents and return the charter undamaged when returning the vessel.

If the client loses or damages any of the documents downloaded or part of it, charter reserves the right, without prior consent, to charge a one-time penalty to the client. The stated amount will be charged from the bail and will use the middle exchange rate of the Croatian National Bank for the calculation, on the day of payment.

Faults, deviations of instruments, or similar problems with equipment and inventory do not give the client the right to refuse check, stop travel, and request reimbursement of the paid price and / or bail, provided that the correct navigation is enabled by conventional methods and if the safety of the ship and the crew guarantees good navigation.

Charter has the right to refuse to submit the vessel to an independent possession of the client in the event that

• The stay is not fully paid
• The client did not leave a bail or at least secure it
• The client does not have all the necessary documents (passport or ID card), a boat management license accepted by the Ministry of the Sea, a VHF / GMDSS license
• During the check-in or during the test drive, a skipper does not have the necessary qualifications to perform this duty.

In case of an extension of the period of use of the on-board service, the customer must contact charter, return to the agreed port and request the charter 's written consent for the new time and place of return of the vessel. Contracted boat service is considered extended only at the moment when the client from charter takes over the written consent for the extension of the used service.

OBLIGATIONS OF THE ROLLER OF THE VESSEL

If the client wishes to take over the role of the master of the vessel, he must have compulsory marine knowledge and skills and a valid license for the operation of the vessel on the open sea, as well as a certificate of passing the GMDSS radio test passed. In case of lack of required documents, knowledge and skills, the client is obliged to take care that the vessel is managed exclusively by the crew member who has them.

In the case of a voyage inspection at sea, prescribed by the legislation, charter has the right to request that the crew member designated for the vessel's commander demonstrates his knowledge and skills. The time spent on testing is included in the contracted period of use of the vessel.

If it is established, by charter when testing that the client, or the client proposed by the client, does not have sufficient knowledge, experience and / or valid permits for navigation, charter will join the crews of the official skipper, at an additional charge in accordance with the official price list. Not accepting an approved skipper by the client, charter has the right to prohibit the departure of the vessel, terminate the contract exclusively at the detriment of the client and fully retain the paid rent. The right to compensation of damages by the client is not possible. The client is obliged to notify charter when booking for skipper services.

RETURN VESSELS (CHECK-OUT)

The client is obliged to return the vessel at the agreed time, not later than 9 am on the last day of the contracted use of the vessel for the purpose of accommodating passengers, in the contract defined port destination, neatly and cleanly, with full fuel tank, ready for further navigation, or in the same condition as it was taken. The client is obliged to take out his garbage from the vessel and throw it at the prescribed garbage dump in the marina.

If, during any trip, a further ride for any reason is not possible and / or exceed the agreed return date inevitably, due to obtaining further instructions, the manager of the base and charter must also be notified. Adverse atmospheric conditions are not justification for exceeding the agreed return date.

Upon exceeding the agreed return date, the client guarantees that for any delay up to 12 hours,will pay an additional 2% of the rental price for each hour of delay. For a delay of more than 12 hours from the agreed hour of return of the vessel, the client is obliged to pay the daily cost of using the vessel for each subsequent calendar day. All costs incurred by charter due to delay in the surrender of the vessel are attributed to the client. Deviations from this rule are possible, but only with the prior agreement of the client and charter.

In case of returning the vessel to the port that is not contracted as the port of destination, charter reserves the right immediately all the costs incurred for the vessel's transfer to the agreed destination port and the agreed penalty in the amount of 2% of the agreed price for each hour of delay and compensation for all damages not covered by the insurance policy, which occurred during the transfer, shall be charged primarily from the amount of the bail. If the costs and contractual penalty exceed the amount of the bail, the client undertakes to immediately settle the difference.

The Client is obliged to report to the representative of charter all possible defects and damages. If damage has occurred in the underwater part of the vessel or there is any doubt about it, a detailed inspection of the vessel should be carried out by hiring a diver or a crane. The manner in which the review will be performed is decided by charter, and the costs of the procedure are borne by the client.

INSURANCE OF THE VESSEL

The vessel is insured for damages inflicted to third parties, and third party liability (mandatory insurance). The vessel is also insured in the reported value of the vessel for the risks to the insurance policy. In accordance with the terms of insurance, the concluded Casco insurance covers damages, over the amount of the deposit, but not damages caused intentionally or for gross negligence.

Charter is not responsible for the loss and / or damage to the property of the client and other crew members, as well as others of the property, deposited and stored on board, operating vehicle or charter. By paying the necessary advance payment, and agreeing to the general terms and conditions of the boat charter, the client waives all claims for damages in respect to charter, and is associated with losses and / or damage to personal and / or other property.

All damages and / or losses must be reported to the charter immediately after the occurrence. In case of major damage, as well as in the participation of several vessels, it is necessary to report the case to the competent port authority, and to ask for appropriate documents that will be subsequently handed over to the insurer. There is a possibility that damages covered by the insurance policy, which have not been immediately reported to the charter, to the competent authorities or the insurer, and for which there is no all necessary documentation, will not be recognized in accordance with the terms and conditions of insurance, in which case they will be solely solicited and a personal client.

In case of damage to the vessel, the client is entitled to bear the costs in accordance with the existing conditions of Casco insurance, only up to the amount of bail. The costs of all damages to vessels and / or equipment caused by gross negligence and / or loss of one or more parts of the equipment shall be borne exclusively by the client in full amount.

Sails are not insured and the costs incurred by damage of sails are borne by the client. The client is not responsible solely in case of natural sails wear or in the event of damage to the cores caused by broken mast.

The client is responsible for engine damage caused by a lack of oil in the engine, as these damages are not covered by insurance, as well as for any costs caused by engine damage.

DAMAGES APPEARED DURING THE TIME OF ACCOMMODATION ON THE VESSEL

All damages or defects that have arisen or occurred while the vessel was under the responsibility of the client (during the use of the residence service), which are not related to the depreciation of the vessel, is settled by the client, in person. Prior to the repair or purchase, the customer should immediately contact charter and reach an agreement with charter on the technical justification of the necessary repairs and the method of collecting damages.

All damages or defects that have arisen or occurred while the vessel was under the responsibility of the client, which are related to the depreciation of the vessel, is covered by charter. Prior to the repair, the client must agree with charter on the financial and technical justification of the necessary repair. The client settles the invoice on the spot and is responsible to keep the same, in order to be fully refunded when submitting the vessel.

Charter does not bear any responsibility regarding the installation and use of the safety net on board. The client accepts the fact that he uses the security network solely on his own responsibility.

The Client undertakes to notify charter of any defects and damages immediately upon their occurrence and regardless of the cause. Charter will instruct the client in the manner of carrying out the necessary work and / or replacement of the equipment. The client will bear the costs in case of unauthorized repair and replacement of equipment parts.

COMPLAINTS

If the client finds that the services are incomplete and / or inaccurately executed by charter, the client has the right to complain. The client has the option of requesting a reasonable compensation only if he makes a written complaint at the return of the vessel (check-out) and encloses all the relevant documentation. A written complaint should be signed mutually; by the client and charter representative. Charter will not be considered for subsequent received and incomplete documented complaints. Charter is obliged to make a written decision on the received complaint within 15 days after receiving it. Charter may, with the prior written consent of the client, postpone the deadline for resolving the complaint for collecting information and verifying the allegation of complaint in persons directly or indirectly involved in the complaint for a maximum of 7 additional days.

The maximum compensation for the complaint can reach the amount of the advertised part of the service, and cannot include already used services or the total amount of the lease. On the basis of the above, the right of the client to compensate for non-pecuniary damage is excluded.

For unfavourable climatic conditions, cleanliness and temperature of the sea in the destinations of navigation, and all other similar situations and events that can cause dissatisfaction with the client, and do not directly concern the quality of the hired boat (dirty sea, bad weather, badly regulated beaches, excessive crowds, theft or damage to crew members' property, etc.), charter is not responsible.

LEGAL CONDITIONS

In the event of a dispute, the jurisdiction of the court in Zagreb shall be agreed. The parties are referred to a peaceful and consensual resolution. If it is not possible, they are legally entitled to initiate court proceedings.

The general terms and conditions become valid on the day of publication on the company's official website and are considered available to all third parties on the day of publication.

Any change and addition to these general terms and conditions of boat chartering is possible and valid only in written form. The client confirms the reservation and the payment of the agreed price confirms his consent to the above conditions, regardless of whether he has read and understood it. General terms and directions to the trip exclude all previous conditions and travel directions.

The general terms and conditions obligate all clients without exception, regardless of whether the reservation is confirmed directly through charter or through an authorized agent. No one can invoke the circumstance that the General Conditions were not known and / or interpreted.

PROTECTION OF PERSONAL DATA

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the abrogation of Directive 95/46 / EC (General Regulation on the Protection data), EY applies in full the principles of the present Regulation ("Regulation").

Personal data is any information relating to an individual whose identity has been identified or can be identified ("respondent"); an individual whose identity can be identified is a person who can be identified directly or indirectly, in particular by means of identifiers such as name, identification number, location data, network identifier or with the help of one or more factors specific to the physical, physiological, genetic, mental , economic, cultural or social identity of that individual.

In the course of its activity, charter collects, uses, transmits and otherwise processes personal data of its clients, employees and business partners and other individuals whose identity can be determined directly or indirectly (hereinafter: Respondents).

Depending on the nature of the joint business or other relationship, charter can dispose of different personal data of the Examiner. This includes identification and contact information, financial data, transaction data, contracted services and products, invoices, correspondence addressed to charter, and documented data (eg copy of ID, passport, certificates of professional qualifications, credit cards, etc.) and publicly available data.

Charter processes personal data and may use them only for the purposes for which it was collected. The processing of personal data is permitted only and to the extent that at least one of the following principles is fulfilled:

• processing is necessary to comply with charter legal obligations;
• processing is necessary for the execution of a contract in which the Respondent is a contracting party or in order to take action on the request of the Respondent prior to the conclusion of the contract in the field of activity charter;
• processing is necessary for the needs of legitimate business interests of charter or a third party, unless such interests reinforce the interests or fundamental rights and freedoms of the Examinees that require the protection of personal data; • The day is explicitly consented by the Examiner.

Charter undertakes to process personal data lawfully, fairly and transparently with respect to the Examiner, collect them for specific, explicit and legitimate purposes and will not further process them in a manner that is inconsistent with these purposes, nor is further processing for archival purposes in the public interest, for the purpose of scientific or historical research or for statistical purposes.

The information charter legitimately processes collects from the Examiner during its establishment and during the duration of the business relationship, during the interview with the Respondent in the Agency's office, when using the EY Internet pages, in electronic messages and letters and other documents, when concluding an employment contract with charter employees performing other activities for which charter is authorized.

In cases where personal data are not obtained directly from the Examiner, charter is obligated to the Respondent; additionally provide information on the categories of personal data in question, the source of personal data and whether they come from publicly available sources.

The above information will be provided to the respondent within a reasonable time, depending on the circumstances of each particular case.

In certain cases, charter may request the consent of the Examination to process personal data for certain purposes. When processing the personal data of the Tester is based on consent, the Respondent may at any time withdraw the consent, but this will not affect the legality of the processing based on consent before it is withdrawn. Retirement is enabled in the same way as giving it.

Fundamental rights of respondents whose personal data are processed:

• The right to be informed about the collection and any further processing of personal data;
• The right to give up the consent to the processing of personal data and to request the termination of personal data processing.
• The right to view personal data contained in data collections.
• The right to correct supplement or delete personal data contained in data collections if personal data are inaccurate or incomplete.
• The right to oppose the processing of data for marketing purposes.
• The right to object to the competent regulatory authority.
• The right to object to the collection and processing of personal data in which case charter can no longer process data unless it proves that there are compelling legitimate reasons for processing prescribed by the introductory Regulation or the positive regulations of the Republic of Croatia, which exceed the interests, rights and freedoms of the Exhibitor, or the defence of legal requirements.

The respondent has the right to erase personal data related to him without undue delay, and the manager of the processing is obligated to delete personal data without undue delay if one of the conditions prescribed by Article 17 of the Regulation (the right to oblivion) is fulfilled.

If the charter has the explicit and voluntary approval of the Examiner, the charter can use personal information to inform the Respondents about their products, services and offers that they find potentially important or interesting to them. Charter allows the Respondent to ask at any time to stop advertising him.

Charter must keep the personal data of the Examiner in accordance with special legal regulations governing the obligation to store certain categories of data for a longer or shorter period of time.

In accordance with its objective possibilities, charter undertakes appropriate technical and organizational measures to ensure the necessary protection of personal data. These measures specifically relate to computers (servers and workstations), networks and communications links and applications.

Only authorized charter employees who are familiar with the terms of data confidentiality are involved in processing them. It is forbidden to use these data for personal use or to make them available to any unauthorized party. In this context, unauthorized employees are also considered employees whose access to these data is not necessary for fulfilling work obligations. The obligation of confidentiality is valid even after the termination of employment.