TERMS AND CONDITIONS
CHARTER FEE CONDITIONS
These general agency terms and conditions regulate the rights and obligations of the lessee (hereafter referred to as "Client") and the lessor (hereafter referred to as "Agency"). The Client accepts all rental conditions in his name on behalf of his crew. By making the first payment as will be stated in the 'Booking Contract, the Client signals his agreement with all the regulations and conditions and acknowledges that making the first payment has the same significance as a personal signature.
All listed prices are expressed in euros. Agency reserves it’s right of changing the price, in case the owners of the vessels alters their prices. The charter fee includes charter of the yacht with its belongings i.e. equipment, also extra products and services depending on the chosen package (Yachtman Classic, Premium or ALL IN) or route (wine, gourmet, heritage, family, party, adventure) defined in Booking Contract between parties.
Unless otherwise stated in the charter party, payment of the first instalment, as defined, of the charter price is due within five (5) days of conclusion of the charter party; the balance is due six weeks before the commencement of charter. Payment must be received before the dead-lines indicated. In emergencies the Agency may withdraw within 4 days of conclusion of the charter party. In such a case the Agency undertakes to repay to the Client without delay any amount already paid (if need be, through the agent).
The Client is strongly recommended to take out a voyage cancellation costs insurance. Agency will be pleased to send information about such insurance.
The rental price includes boat rental with standard equipment, together with boat and crew insurance for the rental period. The charter fee also includes charter of the yacht with its belongings i.e. equipment, also extra products and services depending on the chosen package (Yachtman Classic, Premium or ALL IN) or route (wine, gourmet, heritage, family, party, adventure) defined in Booking Contract between parties.
- 1st payment 50% of charter price is due up to five days after confirmation
- 2nd payment 50% of charter price is due up to six weeks prior to departure
OBLIGATIONS OF THE AGENCY
The Agency agrees to provide the boat to the Client in full commission and in proper working order, with a full complement of equipment and services listed in the Booking Contract. The boat must be in immaculate condition, with the water and fuel tanks filled. The boat can be taken over in designated marina from 5 p.m. to 8 p.m. If the Client does not take over the boat within 12 hours from the agreed time without previously announcing it, the Agency is authorized to unilaterally terminate the Booking Contract and the Client has no right to subsequently ask for compensation. If due to whatever reasons Agency is not able to deliver the reserved boat in the agreed time and place, the Agency has a 24-hour time, from the agreed time of taking over the boat, to provide the Client with another boat with equal or better characteristics refunding the client for the 24 hours he was not able to use the boat. If the Agency fails in doing so, the Client has the right to terminate the Booking Contract and to be reimbursed of the already paid amount. If the Client decides to wait for a substitutive boat more than the previously agreed 24 hours’ time, he can be refunded the amount of the rental for the days he was not able to use the boat. The responsibility of the Agency for amounts higher than the amount of the rent, as well as for any other right of the Client for compensation, is excluded. Agency shall not be liable for any delay due to the Acts of God or rough weather conditions. The Agency is obliged to give out to the Client a technically correct boat and completely equipped with full tanks of water and fuel, clean and dry, ready for sailing.
When taking over the boat, the Client is obliged to carefully verify and test the condition of the boat and its equipment and verify whether the inventory checklist corresponds to reality. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects or deficits of the boat and/or the equipment, which were not known to Agency when submitting the boat, as well as damage and defects after returning the boat that Agency could not predict, do not give the Client the right to ask for discount on the price of the rent. If the boat or its equipment is damaged due to natural causes, the Client is obliged to contact the Agency immediately. The Agency is obliged to rectify any damage to the boat within 24 hours. In this instance, the Client has no right to any reimbursement.
SECURITY DEPOSIT CONDITIONS
The security deposit must be paid to the charter company from which the boat is being rented in the departure marina by the Client during takeover of the yacht. The security deposit will be calculated in accordance with the length/value of the boat. Deposit can be made and accepted in cash or with credit cards. The security deposit shall be refunded in full amount unless the existence of damage or a defect on the yacht or the equipment is found during return of the yacht, and unless there are no claims announced prior. In case of loss or damage off the equipment, parts of the yacht or the yacht itself, Charter shall retain the exact amount which matches the value of repair, acquisition and/or purchasing the equipment or part of the yacht. All amounts exceeding the deposit are covered by the insurance and the Client will only be held liable for the funded security deposit.
In case the caused damage has the consequence that yacht cannot be further chartered, Charter has the right to retain the amount which matches the loss of profit to the maximum of the refundable security deposit. All damages or costs exceeding the amount of the security deposit are covered by the insurance.
Leaving the deposit is obligatory also when the Client hires the services of a skipper. In this case, the set down deposit cannot be used for covering the expenses caused by the skipper's negligence, bad steering of the boat and bad management of the equipment.
Should the fuel tanks not be full, the amount required to fill the fuel tanks will be deducted from the security deposit. Should the crew (skipper, hostess, cook etc.), or any other additional services and products arranged in the Booking Contract, not be paid in full amount, the amount needed will be deducted from the security deposit.
After the Client has taken over the yacht, the Client shall bear all expenses according to Booking Contract, as well as eliminating all damages and defaults, which can appear while the yacht is under Client’s responsibility and which are not the results of normal and regular yacht usage, provided the Client has previously contacted the Agency and made an agreement in regards to technical issues of the repairs that are and can be immediately executed.
The Client is obliged to sail/navigate within the territorial waters of the country he rented the yacht. If Clients are to leave the resident county territorial sea waters, the Client is obligated to request from the Agency license and/or permission to take such action. The Client undertakes to respect all regulations and rules, to take care of the yacht and its equipment with caution and navigate/operate the same carefully and according to the maritime rules of navigation. He is obliged to sail only during safe weather conditions and good visibility. Clients are to be informed about weather conditions via radio (VHF).
The Client, or skipper, hereby confirms that he is familiar with all necessary navigational skills and that he possesses the valid license/certificate to navigate at the open seas. Further he confirms that he possesses the radiophone operations authorized certificate (VHF license), which must be presented/shown to the Agency, as per first request of same on bareboat charters.
The Client undertakes and hereby agrees that he shall not sub charter the yacht or rent it to the any third persons or parties as well as that he shall not participate in regattas nor yacht races, commercial purposes, any type of fishing or sailing school activities unless the Client has a different type of Contract with the Agency.
It is hereby agreed that Clients will not navigate/operate the yacht under influence of alcohol or narcotics, and/or any other illegal substances unknown to Agency. It is strictly forbidden to tow of any other yacht, neither can sail at night. Number of persons on board of the yacht is to match the crew list. The Client is responsible for the consequences which may arise of non-observance to his obligations. Should any accidents or damages to the yacht or equipment/belongings of the yacht occur during the charter time, the Client is dully obligated to inform the Charter immediately without any time delay by contacting the Charter 24 hour’s telephone numbers, which are to be used to notify the Charter which are indicated in the yacht documents.
If the returning of the yacht is later than stated in Booking Contract, the Client has following costs, which can be paid directly or from the deposit
- for the delay of 2 hours 15% of the week’s payment
- for the delay of 5 hours, the Client must pay 20% of the week’s payment
- for the delay of more than 5 hours and for every new day of the delay, the Client must pay 30% of whole payment
The Client is fully obliged to notify the Charter immediately or authorities in case the yacht or the equipment is missing.
If further safe navigation is not possible due to the Client behaviour or in case the yacht was dispossessed by third parties which are not part of Contract, except for the case of steal or robbery of the yacht or of the equipment, prized or if further navigation was prohibited by authorities or third parties for any reason attributable to the Client behaviour, the Client is to be fully responsible for all the consequences for the charter and he guarantees for them.
No pets (dogs, cats, birds and similar) are admitted on board the yacht unless previously agreed by the Parties. The Client is obliged to check daily oil level in the engine, check any possible leakages, control pressure of oil and cooling water system, check the heads for clogging, unusual sounds, and take care of sails because they are not insured by insurance policy.
The Client will be held liable for the damage that he or the rest of the passengers may cause to the vessel or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.).
He shall respect all safety instructions as announced by the skipper of the vessel, because according to the marine law worldwide, the skipper is the only responsible person for the people onboard and the yacht itself.
The Agency shall not be liable towards the Client and his crew for loss or damage arising from intent or gross negligence on the part of the charter company, as well as for damages to life and health or personal injuries, resulting from negligent breach of duty by a legal representative or assistant of the charter company. The Agency shall not be liable for loss or damage caused by inaccuracies, amendments, mistakes and defects in the ancillary nautical equipment provided, e.g. marine charts, handbooks, compass, radio direction finding equipment etc. Claims by the Client due to the inability of the yacht for use resulting from damage or total loss caused by the Client or a third party during the charter shall be excluded.
Client is obliged to pay all charges for failures made by himself, for which the Charter might have criminal or financial responsibility. In case of damage or accident Client is obliged to write down a suitable report and to inform authorized bodies (Master harbour office, police, doctors) and the Charter in case of disappearance of the yacht, impossibility of operating the yacht, as well in case of state organs or third persons seizing or confiscating the yacht or imposing measures of sailing prohibition. For the damage caused by actions and failure of the Client for which Agency is liable to the third party the Client is obligated to settle the damages to Charter entirety, whether it is the case of material and / or legal expenses that resulted from such actions and failures. The Client is explicitly liable for the yacht in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the yacht.
The conditions of insurance are determined by the terms and conditions defined by insurance company where yacht is insured. Yacht and crew members are insured against possible damages done by third persons. Terms and conditions of insurance are to be delivered to Client during take-over operations. In case of damages the Client is obliged to report same to nearest port authority’s office where damage log/record, will be issued for the insurance company and Charter’s Office. If the possible damages are not reported on time i.e. with delays, Client is to be kept responsible by himself and liable for his actions. Insurance covers damages, against possible natural/environmental impacts, but it does not cover any damages done purposely. If damage is done purposely, Client will bear all expenses by himself. Engine and Sails are not covered by the insurance, but nevertheless, if the yacht is operated by a skipper appointed by the Agency, then the Engine(s) and sailing operations are the responsibility of the skipper and not of the Client. Personal belongings of crew are not covered by insurance. If the charter is booked on bare boat basis then the maximum loss for the Client is his/her refundable security deposit as the rest is covered by the yacht insurance as well as damages to third parties (except damages caused through gross negligence and actions on purpose).
CONDITIONS OF CANCELATION
If the Client for any reason should not able to take over the yacht, he is entitled to, if mutually agreed, locating another Client which will use the rights and agreed conditions of this Booking Contract.
If Client is not able i.e. not in position to find substitution for himself, Cancellation fees are calculated depending on the period of the time between the date of cancellation and the departure date as follows
For bookings cancelled earlier that the down mentioned
- 250,00€ (dossier's expenses) are retained
- 30% of the amount of the charter fee, in case of termination of the charter two (2) months before the charter commencement date.
- 50% of the amount of the charter fee, in case of termination of the charter one (1) month before the charter commencement date.
- Full charter fee in case of termination occurred within last month preceding the commencement of the charter date.
Should the deposit not be refunded due to death of family member or charter persons as well as any other situation which may occur like health conditions etc, the Charter will provide the yacht to Client on any other free and/or similar available charter for another period or within the following season.
If any Client feels that the already-paid services are not completely and/or qualitatively performed, he has the right to issue a complaint to the Agency. The Client may request a proportional compensation only if during checking-out of the boat he issues a written complaint and encloses all corresponding documentation. Both the Client and the Charter company's representative should sign the written complaint. The Agency will not consider additionally received and incomplete documented complaints. The Agency is obliged to come up with a written solution to the accepted complaint within seven (7) days upon receiving it. The Agency can postpone the solution period for maximum another seven (7) days for the purpose of collecting the data and verification of the complaint that, directly or indirectly, concerns the involved persons cited in it. The Client renounces any mediation by any other person, law institution or giving information to the medias until Agency comes up with a solution to the complaint. If the Client breaks this regulation, because of the violation of the procedure, no matter his assertions, he loses the right of compensation. The Agency has the right to ask for compensation from the Client due to the harm he has done to the Agency. The highest amount of compensation can equal the amount of the advertised service but cannot include the already used services or the whole amount of the rent. This excludes the Client's right for a compensation for non-material damage (such as bank charges for sending money, phone expenses, additional fuel costs, loss of time, excessive stress, mental pain ...). The Agency cannot be held responsible for possible weather conditions, temperature or clarity of the sea, crowded destinations and all other similar situations and events which may cause the Client's discontent but are not directly related to the quality of the booked service.
The Client and the Agency shall endeavour to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Zagreb, Croatia. The competent law shall be the law of the Republic of Croatia.