TERMS AND CONDITIONS OF CHARTER CONTRACT
1. PAYMENT – The Charterer is liable to pay the full amounts of the charter fee into the bank account of the company The charter company, according to terms and amounts in offer/invoice. The charter price is payable by bank transfer or in cash. The charterer/remitter bears all charges of the bank. The charter company reserves the right to cancel the booking if the initial deposit is not received within 15 days after booking confirmation and/or if the balance payment is not received 15 days before the charter commencement date. The Charterer is liable to send all data for the crew list: names and surnames, birthplace, i.e. birth date, citizenship, passport number, copies of the Certificate of proficiency as Radio Telephone Operator and a valid Operator's licence (skipper licence) with clearly visible serial numbers (not later than seven days prior to the beginning of the charter).
2. CHARTER FEE – The charter fee includes the use of the vessel only. Costs of the fuel, water, mooring fees in other marinas during the charter period are not included. The vessel shall be delivered to the Charterer as per check-in list, with properly fueled tank and full water tank, gas for cooking, linen and towels for all crew members, clean and seaworthy. It is expected to be returned in the same condition.
3. TAKEOVER – The charter company is liable to deliver the vessel in the seaworthy condition, clean and ready for service, on the date specified by the parties of this contract hereunder and only in the case that the charter fee is fully paid by agency and/or client.
If The charter company, whatever the reason, fails to make the vessel available to the Charterer at the agreed time, it must tender a suitable alternative yacht with similar or better features within 24 hours. If The charter company is not able to tender a suitable alternative vessel within 24 hours, the Charterer shall be entitled to terminate the contract, which shall thereupon become null and void and the charterer shall have the option to claim the full refund of the charter fee.
If the Charterer is not able to use the vessel due to its inoperability during the charter period, and the problem is not resolved within 24 hours from the problem information, he shall be entitled to claim the refund in the amount of daily charter hire, for every next 24 hours. The Charterer shall not be entitled to claim other compensation.
At the time of the takeover, the Charterer shall be liable to check the seaworthiness and whether the vessel is equipped and outfitted with all the items from the check-in list. Should the Charterer have any complaints, it must be written out in full on the check-in list before signing. All shortages, defects of the vessel or equipment unnoticed at the delivery, shall the Charterer not entitle to reduce the original charter fee.
The Charterer shall be liable to deliver the vessel to The charter company on the date agreed by the parties of this contract hereunder. If the Charterer fails to return the vessel on time to the agreed upon destination, the Charterer is required to pay a daily amount of the charter hire for the delay up to 3 hours. In case of more than 3 hours delay, the Charterer will be charged with three times the regular daily charter hire, and additionally, he will be charged for costs related to the commercial loss of The charter company and costs end expenditures resulting from the delay of the Charterer. The delay can only be justified in case of Force Majeure, provided that the Charterer immediately informs The charter company.
4. DEPOSIT – Prior to the rental, the Charterer is required to pay the deposit in the office of The charter company by VISA, MASTER credit card or in cash. The deposit amounts are: 7.500 KN (~1.000 EUR), 11.500 KN (~1.500 EUR) or 19.000 KN (~2.500 EUR) depending on the franchise deductible in the insurance policy. The deposit covers all possible damages on the vessel and damages to third parties. The deposit is fully refundable after check-out if the vessel is returned undamaged, with properly fueled tank and on the time agreed between the Charterer and The charter company.
5. INSURANCE – The vessel is covered with full Kasko insurance against all risks and damages (including liability insurance of the owner, i.e. the Charterer) exceeding the Refundable security deposit amount, up to the full value of the vessel. The insurance policy covers Compulsory Passenger Insurance and Casualty Insurance and Compulsory Third Party Insurance. Personal property of passengers is not covered with insurance. All the extra/optional equipment are not covered with vessel insurance. Damages, which are not immediately reported to the nearest Harbour Office and The charter company, shall not be the subject to insurance compensation and the Charterer shall be fully responsible for them.
6. RESPONSIBILITY OF THE CHARTERER – The Charterer is responsible for the seizure of the vessel by authorities due to illegal acts (e.g. professional fishing or pulling out antiquities of the sea, etc.). In such event, he charterer shall be obliged to inform The charter company immediately. In case of the sea damage, i.e. collision with other boat or land, yacht or equipment theft, the Charterer shall at the earliest opportunity report such occurrence to the Harbour Office or police station and request a written copy of the report. However, the Charterer shall be obliged to inform The charter company of the accident. Furthermore, the charterer is liable to check the oil in the engine during the charter period, and he shall be responsible for any engine damages resulting from the lack of oil. The underwater part of the vessel shall be inspected at the end of the charter and the Charterer shall take responsibility for any damage. The Charterer is obliged to sail/navigate within the Croatian territorial waters. If the Charterer wishes to leave the Croatian territorial waters, he shall request the permission from The charter company. At the Charterer's request and expense The charter company shall obtain necessary documentation. The Charterer hereby confirms that he possesses the valid navigation license, or if otherwise that he will leave the conduct of the vessel to a crew member who has the licence required. The Charterer hereby agrees that he will not allow any other person not listed in the Crew List to operate the vessel, or to use the vessel for any commercial purpose. Moreover, the Charterer shall sail under safe weather conditions and shall not participate in regattas without a prior consent of The charter company.
7. CHARTER TERMINATION – If, whatever the reason, the Charterer shall be not able to take over the vessel, he is entitled to, with prior consent of The charter company to find another charterer who will enter the contract with The charter company. If no replacement can be found, The charter company shall retain:
- 20% of the amount of the charter fee if a cancellation occurs more than 60 days before the charter commencement date
- 50% of the amount of the charter fee if a cancellation occurs within 60 days before the charter commencement date
- 100% of the amount of the charter fee if a cancellation occurs within 30 days of the charter commencement date
8. COMPLAINTS – The charter company hereby agrees hats only the written complains on the check-out document and duly signed by the Charterer on the occasion of returning the vessel are to be accepted and considered.
9. JURISDICTION – Any disagreement of dispute which may arise between the parties shall be settled amicably on mutual benefit. Failing this, the Court in Split will be competent.
