CHARTER CONDITIONS
1. VALIDITY: The Contract becomes valid only on receipt of the total charter payment by the Operator.
2. RENT CHARGES include the use of the Vessel. Fuel is not included in rental charges. The Vessel shall be handed over to the Charterer with full water and fuel tank, clean and dry with engine in good running order and the Vessel is to be returned in the same condition and with the same equipment after the Charter.
3. RUNNING EXPENSES: After take-over-expenditure for port dues, water, fuel, oil and any other stores required, as well as the repair of any damage or breakdown that may occur while the Vessel is in the Charterer’s care, and which are not the result of normal wear and tear, shall be made by the Charterer at his/her expense, provided that he/she has previously obtained the consent of the Operator to a technical suitability of the repair to be made. In the case of repairs to damage or failure clearly resulting from normal wear and tear, the Charterer shall previously obtain the Operator's consent with regard to the cost and technical suitability of these repairs and the Charterer shall collect the relevant receipts against which he shall be refunded by the Operator at the end of the charter period. No other compensation claims will be recognized.
4. WITHDRAWL FROM CHARTER: If, for any reason, the Charterer is unable to take over the Vessel, he/she may find another person who will enter the Contract in his/her place. If no replacement can be found, the Operator shall retain:
- 30 % of the charter rental in the case of cancellation by the Charterer after the booking has been confirmed
- the entire amount of the charter rental in the case of cancellation by the Charterer within a calendar month prior to the beginning of the Charter period
* *In case of border closure or mandatory quarantine due to the Coronavirus outbreak, the O perator will offer rescheduling to a future date based on availability and adjust the price a ccording to the season/or voucher for the paid amount which will be valid by the end of s eason 2022.
5. DELIVERY/REDELIVERY: Check-in is at 18.00 hrs. and check-out at 08.00 hrs.
The Operator undertakes to deliver the Vessel in good working condition. If the Operator fails to make the Vessel available to the Charterer at the agreed upon time and place (regardless of the reason thereof), the Charterer may claim a refund from the Operator for each day on which the Vessel was not at his/her disposal. Provided that the scheduled charter commitment of the permits, the Charterer can prolong the period of the charter by the same length of time by which delivery was delayed. If the Operator is unable to deliver the Vessel at the agreed upon place 24 hours after the deadline or make available a similar or better quality vessel, the Charterer may withdraw from the contract or claim a refund for as many daily rental charges as the Vessel was unavailable. No other claims for compensation will be recognized. The Charterer is obliged to inspect the condition of the Vessel and items of equipment as per the checklist. All objections must be made prior to initial sailing. Any shortages, defects in Vessel or equipment unnoticed at the time of transfer from Operator or Charterer may not subsequently be reclaimed from the cost of rental.
6. INSURANCE: The insurance is determined by the conditions stipulated by the insurance company which the Operator has insured the Vessel with. Damages covered by insurance which are not immediately reported to the insurance company, will not be acknowledged as per the insurance policy. Personal possessions are not insured. We recommend that the Charterer insures all personal possessions on his own.
7. RESTRICTIONS ON LEAVING PORT: Charterer shall not leave port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (30 knots) or if the harbor authorities have prohibited sailing or while the Vessel has unrepaired damage to any of it’s vital parts such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc. or if any of the above parts are not in good working condition; neither shall the Charterer leave port or anchorage without sufficient reserves of fuel or in general, especially when weather conditions or the state of the Vessel or her crew is doubtful.
8. SKIPPER'S RESPONSIBILITIES
The skipper will check in/out the yacht on behalf of the Client.
The skipper is responsible for the navigation of the yacht, mooring, anchoring, and maneuvering and for keeping the deck and cockpit of the yacht clean, in good and fully functional condition.
If winds blow very strong, it is on the skipper’s judgment (after estimating the skills and capability of the passengers and the prevailing conditions on the next destination point) if the yacht should depart from the port or not. In all such cases the skipper should explain the situation to the Client in detail and they should mutually agree on an alternative plan for the next days.
The skipper is fully responsible for the mooring of the yacht, the refilling of water and diesel and fuel for the outboard engine and for arranging the port formalities. The Client will pay all these costs.
The skipper is responsible for all the damage that may happen to the yacht and/or its equipment, during sailing, motoring, anchoring, mooring and maneuvering, provided that (as an averagely experienced skipper) he can easily preview the damage and is able to definitely avoid it. Alike in a bareboat charter, the Client is held equally liable for other damage that he or the rest of the passengers may cause to the yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.).
The Client is obliged to respect all safety instructions as announced by the skipper of the yacht, because according to the marine law worldwide, the skipper is the only responsible person for the people onboard and the yacht itself.
9. COMPLAINTS: Only complaints submitted in writing at the time of returning the Vessel, and signed personally by the Operator's representative and the Charterer, shall be taken into consideration.
10. ADDITIONAL AGREEMENTS: must be in writing. In case of misunderstanding or dispute, an attempt shall be made to settle difficulties peacefully and by understanding. If misunderstanding or disputes cannot be thus resolved, the matter shall be forwarded to the Arbitration Court of the Zagreb Chamber of Commerce, and shall be subject to Croatian material law. If a particular article or item of this Contract is nullified or debatable, this shall not affect the validity of the Contract as a whole. In this case, both parties may negotiate nullification or rework a debatable article/item of this Contract, realizing the inapplicability or debatable nature of the article at issue.