BOAT’S ACCOMMODATION CONDITIONS
The Client is obliged to make the down payment amounting 50% of the total amount within 7 days upon signing the accommodation agreement. The remaining 50% of the total contracted amount must be effected 4 weeks prior to the date of accommodation. The price is inclusive of vessel use and insurance. The payment is being done in Euro onto the account stated in the Accommodation contract (Charter contract).
2. VENDOR’S DUTIES
The Vendor hands over the vessel to the Client with full fuel and water tanks, clean and in good working condition, and is obliged to do the check in together with the Client according to the inventory list. In case the Vendor is not able to hand over the vessel at agreed place and time, the Client is entitled to demand a refund for the days he’s not been able to use the vessel. In case the Vendor is not able to hand over the vessel within 24 hours after agreed deadline, he has to insure the Client another vessel of same or similar characteristics. Any hidden defects of the yacht or its equipment, not known to the Vendor at the time of handing over the yacht, as well as any defects occurred after the yacht has been handed over to the Client, do not entitle the Client to demand a decrease of accommodation costs.
In case that some equipment was damaged or lost during a previous charter and new equipment can not be delivered before the embarkation, the Client is not entitled to withdraw from the Contract, nor is the Client entitled to demand a discount of the contracted accommodation price, when such missing equipment does not effect the navigation safety of the vessel or are not essential for the trip comfort , such as fresh water pump, fridges, toilets, kitchen oven.
3. CLIENT’S DUTIES
During the handing over of the vessel, the Client is obliged to inspect the vessel together with the authorized representative of the Vendor and execute the inventory list. The Client may navigate the chartered vessel only within in the Croatian territorial waters and is not allowed to sublease or use the vessel for commercial purposes (like fishing, diving etc.).
The Client is obliged to carry the following documents at all times: passport or personal identification card, copy of the charter contract or voucher, list of all passengers aboard the vessel. The person operating the vessel (skipper) must possess a valid motor boat operating license, which includes the license to operate the vessel’s radio station or must be able to present another acceptable license entitling such person to operate the vessel in accordance with the applicable legislation.
The Client is obliged to return the vessel to the agreed place and in the agreed time, with full water and fuel tanks. In case the Client is in delay with returning the vessel, the Vendor will charge the Client the daily accommodation rate for a delay of up to 3 hours and the three day accommodation rate for delay over 3 hours. The Client must notify the Vendor in case of a delay caused by force majeure, whereas such delay will not be charged from the Client.
In case of failure of the vessel or its equipment the Client has to inform the Vendor immediately via one of the telephone numbers attached to the vessels documentations. The Vendor is obliged to remedy such fault promptly, immediately after receiving the notice. If the fault is remedied by the Vendor within 24 hours from notification, the Client is not entitled to demand indemnification.
The Client is instructed to treat and handle the vessel with due care and to obey all applicable regulations. If the Vendor finds that the vessels operator doesn’t have the necessary skills and knowledge, such person will be offered to rent a skipper who will instruct and teach such person on proper vessel operation, or the base manager will allocate such vessel a skipper for the entire charter period at extra payment by the Client.
If the Client doesn’t want to act as the skipper of the vessel, before commencement of the charter term, the Client must notify the name of such skipper. This nominated skipper will be co-responsible towards the Vendor. All consequences emerging from allowing unauthorized persons to operate the vessel are exclusively born by the Client.
The Client hereby agrees to handle and treat the vessel and its inventory and equipment with due care. The Client must check daily the water and oil level in the vessel’s engine. Damages caused by insufficient oil or water are not insured and the Client will be fully responsible for those. In case of major break-downs and/or damages and in case of accidents involving other seagoing vessels, such cases must be reported to the authorized Port captain authority. In such cases a protocol must be drafted on the case (signed by both parties) for the insurance company. At the same time the vendor must be notified about such event. If the Client doesn’t act in compliance with this duty and instruction, the Client will be charged for all damages. The Client confirms with signature under the Check-in list to have received the vessel in the status and conditions stated in such Check-in list, this statement applying to the status of the vessel in both its under- and above-water structure.
Vessel insurance covers all maritime risks and is inclusive of obligatory insurance towards third persons. Any damage that happened during the usage of the vessel by the Client and that wasn’t immediately reported to the Vendor or the insurance company, will not be accepted under the insurance policy. In such cases the Client bares the entire responsibility for all such damages.
Personal property items of the skipper or crew members are not insured, so we propose to execute a separate insurance policy for valuable items prior to the charter term of the vessel.
5. CHECK IN / CHECK OUT OF THE YACHT
check in : SATURDAY from 17.00 h
check out: SATURDAY until 9.00 h
Before the vessel is handed over, the Client is obliged to pay the security deposit as stipulated in charter agreement (this amount corresponds to the franchise deduction defined by the insurance policy). The deposit can be paid in cash or with credit card. In case of damage on the vessel equal to the deductible franchise amount, the deposit the Client left will be used to cover the damage.
7. ENGINE FAILURE AND SEVERE DAMAGES
Should any damage be caused by the usual wear and tear of the materials during the yacht charter period, the Client has the right and obligation to arrange for the repair of such damages up to a total amount of 150,00 Euro, which cost will be reimbursed after the vessel is returned to base.
Should the damage be repaired by the Vendor within 24 hours, the Client will have no right to demand any reimbursement.
If the damage can not be easily repaired on course and therefore an early return to the charter base is required, because such damage must be remedied before the start of the new charter period, the costs for lost days of charter will be refunded to the Client only if the damage in question was caused by the VENDOR. If such damage was not caused by the Vendor, the Client is not entitled to any refund and will have to carry all additional costs relating to finding another suitable vessel for the Client.
In case of major and severe damages and engine failures, in case of loss of vessel and/or damage and injury to persons, the Client must inform the Vendor promptly and also obtain a protocol on the event issued by third parties (port captain, medical physician, appointed expert).
Damages that are not reported to the Vendor and damages for which the Client is not able to produce an officially verified protocol will be considered as damages caused by Client and therefore the Client will be charged in full for such damages.
8. ACCOMMODATION CANCELLATION
In case the Client is not able to embark the chartered vessel on the due date for any possible reason the Client is entitled to find another user of the contracted charter services until the agreed date. In case the Client is not able to find another user of the contracted charter services, the following cancellation fees will be charged from the Client:
– 10 % of the total amount for cancellation after booking confirmation (non refundable)
– 30 % of the total amount for cancellation within 90 days before the accommodation period
– 50 % of the total amount for cancellation within 60 days before the accommodation period
– 100 % of the total amount for cancellation within 30 days before the accommodation period
Complaints are accepted only in written form, immediately after return of vessel. The complaint note must be co-signed by the representative of the Vendor. The possibly awarded refund/compensation in favour of the Client, may in no case exceed the contracted accommodation price.
In case of dispute that can not be resolved in a friendly manner between the parties, the parties hereby agree upon the authorized court.