Chartering Conditions
1. PAYMENT
The price of the charter includes the use of the yacht and all the equipment on it. The price does not include the resident tax, marine and berthing cost, the cost of fuel and other supplies.
The Client is obliged to make a down payment amounting to 50% of the total amount within 7 days of confirming the reservation. The remaining 50% must be paid 4 weeks before departure.
Client is obliged to bear all bank costs.
2. OWNER'S COMMITMENTS
The Owner hands over the vessel to the Client with full fuel and water tanks, in good working condition, clean, and is obliged to do the check-in together with the client according to the inventory list. When the Owner is not able to hand over the vessel within 24 hours after the agreed deadline the Client is entitled to ask for a refund for the days he has not been able to use the vessel. When the Owner is not able to hand over the booked vessel or make available another vessel of similar or better characteristics within 24 hours after the agreed deadline the Client has the right to cancel the contract and the full amount of money paid for the yacht will be reinbursed. There is no obligation on the Owner's behalf to pay compensation exceeding the amount signed in the contract.
Any hidden defects of the yacht or it's equipment, not known to the owner at the time when handing over the yacht, as well as any defects that occur after the yacht has been handed over to the client, give no right for a request to lower the rental fee. In the case that some equipment was damaged or lost during the previous charter and can not be delivered before the departure, gives no right for complaints or any compensation if it's lack does not affect on the navigation safety.
3. CLIENT'S COMMITMENTS
The client who is named as the skipper for the chartered yacht is an experienced, adult (18+), sailor able to use the vessel. He has all the necessary documents required for skippering the boat on the open seas such as a sailing certificate as well as VHF (Radio usage) licence. The mentioned documents – the original - will have to be presented to the Charter Manager upon arrival to the marina.
The Agency / The Client is obligated to deliver to the Owner the crew list (the crew list contains the following information about the crew members: name and family name, date of birth, passport or identity card number and nationality) no later than one week before the scheduled rental date.
The Owner reserves the right to check the skipper’s competence as a yachtsman. If the skipper’s competence is deemed unsatisfactory he or she will be prohibited from taking over the boat. When handing over the vessel the Client is obliged to inspect the vessel together with the person in charge on behalf of the Owner and sign the inventory list. The Client is obliged to navigate only within the Croatian territorial waters, and is not allowed to lease the vessel or use it for commercial purposes, such as professional fishing, diving etc.
All breakdowns and damages regardless of the cause have to be reported to the Owner immediately, on one of mobile numbers given in the sailing documents. The Owner is obliged to repair any damage within 24 hours as he is informed about it. When the Owner repairs any damage within 24 hours, the Client has no right to any compensation. In case of a vessels disapperance, if it becomes unsailable, if it is seized or further sailing is prohibited by officials or other persons, the Client is obliged to notify the relevant authorities (harbour masters / police) and the Owner immediately. If the Client does not notify the Owner in such event, he is responsible for all the consequences that will arise from it.
The client is obliged to return the vessel to the agreed place on time, clean with full fuel tanks. In case when the vessel has not been returned with a full fuel tank, the fuel will be charged to the Client at market price, increased by the Owner's expenses of organisation and delivery in amount of 100 EUR.
During the 7 days-stay on the boat the client is obligated to go at least 2 times to the marina during the night to fully recharge the batteries.
It is compulsory that the boat returns to the marina on Friday evening in order to comply fully with the conditions. If the Client wishes to return to the marina on Saturday morning, he should discuss that possibility with the Owner on taking over the vessel. When the Client cannot return the vessel on time for whatever reason, he has to contact the owner to discuss the further instructions.
When the Client is delayed, the Owner will charge him the daily charter price for less than 3 hours delay and 3 days charter price for any delay over 3 hours. The Client is obliged to inform the Owner about any delay caused by “force majeure”; such delay will not be charged. However, if the Client returns the vessel late due to bad weather, this is the Client’s responsibility and he is obliged to pay the cost of the delay, according to the standard charges.
By signing the inventory list the Client confirms to get the boat in accordance with the list. Complaints referring to any damage or lack of something (what was not reported in the inventory list) during the charter or / and at the end of the charter will not be taken under consideration.
Client is obligated not to leave a port or anchorage if the wind force is or is predicted to be over 25 knots or if the harbour authorities have imposed a prohibition of sailing.
The Client has to plan and maintain the yacht’s itinerary in such a manner that two days prior to expiry of vessel accommodation the vessel is at a turn-around point not further than 40 nautical miles from the port of departure, that is, from the place where vessel has to be returned to the Owner.
4. INSURANCE
Vessel insurance covers all maritime risks and is inclusive of obligatory insurance towards third persons. Any damage that happens during the charter period not immediately reported to either the Owner or the Insurance Company will not be admitted according to the insurance policy regulations. In such case the Client is held responsible for all the damage caused.
The cost of damaged or lost items, or equipment belonging to the vessel due to negligence and misuse by the Client and his party, are to be covered by the Client, i.e. the Owner will deduct the amount in question from the deposit. The sails are not covered by the insurance company, so any damage made to the sails will have to be covered by the Client. The Client is obliged to check the oil and the water in the engine every day.Damages and losses resulting from the lack of oil or water in the engine will be covered by the Client.
Personal property of skipper and the crew members is not insured so it is recommended to take out a separate insurance.
We recommend the purchase of travel cancellation insurance to all travelers, in the case of illness or for other valid reasons.
5. DEPOSIT
Before the vessel hand-over the Client is obliged to leave a security deposit as stipulated in the charter agreement. This amount corresponds to the franchise defined by the insurance policy, and it will not be used unless required for damages done to the vessel or it’s equipment or if the Client is late in returning the vessel to the Owner. The deposit can be left in cash or by credit card. Where the damage to the vessel equals to the franchise sum, the deposit will be used to cover the damage. Damages and losses caused by the Client's negligence or misuse will be inspected and repaired at the Client¢s cost.
The safety deposit is to be returned to the client after the complete check-out is done. If the client plans/wishes to leave the boat during the night the owner will keep the deposit and cancel it in the morning, after having established that everything is OK.
It is not possible to get the safety deposit back after the check-out on Friday, if you plan on spending the night on the boat afterwards.
6. CHECK IN / CHECK OUT OF THE YACHT
Check in: Saturday FROM 17.00 h
Check out: Saturday TILL 08.30 h
Return in the marina: Friday afternoon
Check out of the boat is to be done ONLY after all people and luggage are off the boat. If the client wants to check out on Friday he has to announce that in advance – latest one day before – and needs to be back in the marina latest 5 PM.
7. CHARTER CANCELLATION
When the Client, for whatever reason, is not able to take over the vessel, he can find another client who is willing to charter the vessel for the agreed period. Where the Client is not able to find a substitute client, the Owner will charge the Client as follows:
- 10% of the total amount for cancellation after booking confirmation (not refundable)
- 30 % of the total amount for cancellation 90-60 days before the accommodation period
- 50 % of the total amount for cancellation 59-30 days before the accommodation period
- 100 % of the total amount for cancellation 29 days before the accommodation period
8. COMPLAINTS
The complaints are accepted only in written form upon the vessel’s return and only if signed by a person in charge on behalf of the Owner. The approved compensation can not be higher than a rental price.
9. ARBITRAGE
Where a dispute can not be resolved in a friendly manner, the Split Commercial Court is responsible for arbitrating the dispute.
