GENERAL CHARTER CONDITIONS
Charter fee and
payment conditions
The charter fee includes charter of a yacht with its equipment
and full insurance for the yacht and crew during the charter
period. Harbour dues out of domicile marina, fuel expenses,
skipper, hostess and other extra services are not included
in the charter fee.
The chartered yacht with complete equipment can be used
only after the payment was regularly settled:
· 30-50% of the charter fee (down payment) upon booking
· 50-70% of the charter fee four weeks before commencement
of the charter.
In order that the booking becomes final, the Charterer undertakes
to pay down payment on account of Charteree within the time
period of 5 days since Charter Contract or invoice is sent
to the Charterer.
The charter fee includes the usage of the yacht during charter
period. In starting marina Charterer will pay for all extra
requested services (skipper, hostess, transport, jet-ski,
windsurf, etc.), transit log and final cleaning.
Security deposit
The security deposit has to be made in starting marina by
the Charterer when taking over of the yacht. Security deposit
can be made in cash, cheques or credit cards. The security
deposit shall be refunded in its full amount unless the
existence of damage or a defect on the yacht or the equipment
is found during the takeover of the yacht, and unless there
are no claims field or announced regarding the Charterer
by third persons, that are connected to the usage of the
yacht.
In case of loss of or damage on the equipment, particular
parts of the yacht or the yacht itself, Charteree shall
retain the amount (a part or the whole deposit), which corresponds
to the value of repair, acquisition and / or purchasing
the equipment or particular part of the yacht.
In case the caused damage has the consequence that yacht
cannot be further chartered, Charteree has the right to
retain the amount corresponding to the loss of profit.
Charteree obligation
The Charteree is obligated to hand-over at Charterer's disposal
completely equipped, faultless, clean and dry yacht with
full fuel and water tanks in the agreed time and place with
all valid documents of the yacht needed for rental.
If there is any reason that Charteree didn't fulfil above-mentioned
conditions Charterer has right to ask for money refund,
for the days he has not been using the yacht. Also if the
Charteree cannot place the yacht at disposal at the agreed
place 24 hours after the expiry of the time period for the
takeover, or provide another, at least identical or better
characteristics, the Charterer has to right to give up the
contract and demand the total amount of the charter fee
or demand the amount for as many days as he could have not
disposed of the yacht.
The Charterer could demand only the amount of the charter
fee; any other rights to indemnification are excluded.
In case of damage or defect on the yacht or its equipment
caused by the normal natural yacht consumption the Charterer
is obligated to inform the Charteree immediately. The Charteree
is obligated to remove the damage upon notification.
If the Charteree removes the damage within 24 (twenty-four)
hours, the Charterer has no right to require any reimbursement.
Takeover the yacht
The Charterer will take over the yacht in agreed time and
place. When taking over the yacht, the Charterer is obliged
to check and carefully examine the condition of the yacht
and its equipment according to the inventory list.
Any possible objections have to be made until the start
of navigation. The possible covered defects on the yacht
or its equipment, which couldn't be known to the Charterer
at the moment of takeover, as well as defects which could
arise after the takeover, do not give right to the Charterer
to reduce the charter fee.
If the Charterer fails to takeover the yacht within 48 hours,
the Charteree is authorized to give up the contract.
The Charteree reserve the right not to hand over the yacht
if in the judgment of their representatives the Charterer
is not competent for any reason to operate the yacht, or
to give the instructions on the Charterer's expense.
Charterer's obligation
After taking possession of the yacht, the Charterer shall
bear on his own account all coast of the daily berth in
the port, or in marina, coast of fuel, oil, water, cleaning
and all other necessities, as well as eliminating all damages
and defects, which can appear while the yacht is under charterer's
responsibility and which are not results of normal natural
yacht consumption, provided the Charterer has previously
reached an agreement with Charteree regarding technical
justifiability of the repairs that are to be made.
The Charterer is obliged to sail with in the Croatian territorial
waters. For leaving Croatian territorial water the Charterer
is obligated to ask the Charteree a special permission and
certificate.
The Charterer undertakes to respect custom and other regulations
and rules, to take care of the yacht and its equipment and
navigate it carefully and according to the rules of a good
navigator and sail only during safe weather conditions and
good visibility.
The Charterer, or skipper, declares undoubtedly that he
disposes of all necessary navigational skills and that he
possesses the valid license necessary for the navigation
at the open sea and the radiophone certificate, which have
to be presented to the Charteree.
The Charterer undertakes and states that he shall not sub
charter the yacht or rented it to the third person, that
he shall not participate in regattas nor yacht races, that
he shall not use the yacht in commercial purposes, professional
or night fishing, sailing school or similar, that he shall
not operate the yacht under influence of alcohol or narcotics,
that he shall not be involved in towing of another yacht,
that he shall not violate the public rules, orders and laws
that he shall not sail at night by unsafe weather.
Number of persons aboard is to correspond to the crew list.
The Charterer assumes the responsibility for the consequences
of non-observance to his obligations.
In case of accident or damage the yacht or its equipment
during the trip, the Charterer is obliged to inform the
Charteree without deferral. The telephone numbers, which
can be used for notifying the Charteree, are shown in the
yacht documents.
The Charterer is obliged to notify the Charteree and the
authorities in case the yacht or equipment is missing, if
the further navigation is not possible or in case yacht
was dispossessed of, prized or if further navigation was
prohibited by state authorities or third parties. If the
Charterer fails to hold on his obligations he is considered
fully responsible for all the consequences for the Charteree
and he guarantees for them.
The keeping of pets (dogs, cats, birds and similar) on the
yacht is not allowed, unless a previous agreement was reached
in that regard.
The Charterer is obliged to check daily oil level in the
engine and take care of sails because they are not insured.
Charterer's liability
For the damage caused by actions and failure of the Charterer
for which Charteree is liable to the third party the Charterer
is obligated to settle the damages to Charteree in their
entirety, whether it is the case of material and / or legal
expenses that resulted from such actions and failures.
The Charterer 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
within the period for period, which it was chartered.
Charterer is obliged to pay all charges for failures made
himself, for which Charteree has criminal and financial
responsibility. Charterer is responsible for yacht taking
away by foreign state authorities because of illegal actions.
In the case of damage or accident Charterer is obliged to
write down a suitable report and to inform authorised bodies
(harbour headquarters, police, doctors) and the Charteree
in case of disappearance of the yacht, impossibility of
operating the yacht, as well in case of state organs or
third persons sizing or confiscating the yacht or imposing
measures of sailing prohibition.
The Charterer shall not leave the port or the anchorage
until the damage is eliminated from any vital part of the
yacht, such as motor, set of sails, ropes, bilge pump(s),
anchor winch, navigation lights, mariner's compass, safety
equipment and similar or if any of the mentioned devices
is not in working order.
The Charterer shall not leave the port or the anchorage
without sufficient fuel supply and when weather conditions
or condition of the yacht or his crew are unsafe or uncertain
in general.
The return of the yacht
The Charterer is obliged to return the yacht in agreed time
and place tidied without the crew and their personal luggage.
In that time is including the physical take over lasting
for an hour. The yacht should be returned with full fuel
tank.
If the disembarkation is not possible at the stated time
and place for any reason, the Charteree must be informed
in order to give further instructions. The Charterer bears
all the charges of the Charteree that result from the overdue
caused by bad weather.
Therefore, it is recommended to return the yacht in the
marina the night before the Charter contract termination
date. If the returning of the yacht is later that stated
in this Charter contract, the Charterer shall settle:
- for the delay up to three hours - one day rental fee
- for the delay of more than three hours - triple daily
rental fee plus all other expenses.
Delay can't be justified by bad weather conditions.
The Charterer is obliged to report the founded defect and
damages, if any. The damages of the underwater part are
subject to the inspection of the yacht (its lifting) for
which the Charterer bears the expenses. The Charterer is
responsible to return the all documents of the yacht (permit,
registration, concession etc.) as well as other supplements
from the ship's papers file (list of harbour's master's
offices and similar). Until the moment yacht is regularly
checked out it is consider used by the Charterer.
Insurance
The insurance is determined by the terms defined by the
insurer with which yacht is insured. The yacht is insured
against third person damages and fully insured for all the
damages resulting from force majored up to the registered
amount of the value of the yachts for the risks according
to the insurance policy. The yacht crew is insured.
The terms under which the yacht is insured form are integral
part of this Contract and shall be delivered to the Charterer
when taking over the yacht.
In case of some bigger averages, as well as of those where
the other boats are involved, the Charterer is obliged to
report immediately the case to the authorized harbour-master's
office and record in a protocol (the course of events, estimation
of a damage) for the insurance company. The Charterer is
also obliged to report the Chareteree's office.
The damage covered by insurance and in accordance with insurance
policy, which has not been reported to Charteree without
deferral, shall not be acknowledged.
In case stated in the previous paragraph, the Charterer
is personally liable for all the damages as the result of
not reporting or late damage reporting
If damage occurs during the cruise and Charterer is not
to be charged (due to normal exhaustion or in case of overdraft
of the guarantee sum) he must receive permission (instruction),
from the Charteree for an adequate repair.
Insurance covers all the damages by franchise caused by
weather or from the other natural disasters, but not the
damages made on purpose. Charges for purpose made damages
are not limited by deposit; Charterer must pay all expenses
caused by damage made on purpose.
The damages on the sails and on the engine caused by the
oil deficiency in the motor are not covered by insurance.
Charterer bears the charges for these damages.
The personal belongings are not covered by the insurance.
Conditions of cancellation
If the Charterer for any reason is unable to take the possession
of the yacht, he can, if previously agreed with the Charteree,
find another person who shall instead of him undertake all
rights and obligations deriving from this Contract. If a
substitution for the Charterer can not be found Charteree
shall retain:
- 30% of the amount of charter fee for cancellation up to
2 (two) months before the charter starting date
- 50% of the amount of charter fee for cancellation up to
1 (one) month before the charter starting date.
- Total amount of the charter fee for cancellation within
the last month before the charter starting date.
If cancellation is due to objective reasons (death of family
member, heavy injury, or other) the accepted deposit shall
not be paid back, but the Chartereer will give the yacht
to the Charterer at his disposal for another free period
of time or within another season.
Complaints
Only written complaints, signed by both parties on the occasion
of return of the yacht will be taken into consideration.
Arbitrations
All the possible disagreements or disputes arising from/or
in connection with Charter party will be tried to settle
by peaceful agreement and consensually.
Eventual cases, which cannot be solved peacefully, will
be under court's jurisdiction in the Charteree's residence.
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