GENERAL CHARTER CONDITIONS (ADY)

2021.

 

CHARTER CONDITIONS

1. VALIDITY: The Contract becomes valid only on receipt of the total charter payment by the

Operator.

The Charterer agrees and declares to send the complete crew list, with full name, address, date and place of birth, citizenship, and the type and number of valid identification document, and for the skipper a currently valid skipper license, to Adria Yachting not later than two weeks prior to the start date of the charter period.

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.

The Charterer takes out his own waste and disposes it at the designated place in the marina. The Charterer is obliged to return the vessel in good condition (take out the rubbish, wash the dishes). The damage compensation in amount of 100 EUR will be executed in case of filthiness of the vessel (negligence to the property) and failure to comply with the house rules.

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 technically suitable repair. 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 costs and technical suitability of these repairs, and

the Charterer shall collect the relevant receipts against which he/she shall be refunded by the

Operator at the end of the charter period. No other compensation claims will be recognized.

4. RESPONSIBILITIES OF CHARTERER: For acts of negligence by the Charterer for which the

Operator is responsible to a third party, the Charterer will pay all expenses to the Operator for the

material and/or legal costs resulting from such acts or negligence. The Charterer is particularly

responsible for the Vessel in the case of its impoundment by any official body because of its

use in improper or illegal action during the period of the Charter.

Charterer should abide by all rules provided during the check-in procedure and is fully responsible for handling the vessel and its engine.

5. 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.

6. DELIVERY/REDELIVERY: Check-in is at 17.00 hrs. and check-out at 08:30 hrs.

In case of delayed vessel return the Operator has the right to charge one day of rental to the guest.

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 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 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.

7. 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. In this case the Charterer is personally responsible for total damages as a result

of not reporting or late reporting of damages. Sails are not insured and the Charterer is thus

responsible for any damage except for the damages arising from normal usage or as a result of

breakage of the mast. Furthermore, personal possessions and the Vessel’s crew are not insured.

We recommend that the Charterer insures all personal possessions and the crew of the vessel on

his own.

8. GENERAL REGULATIONS: the Charterer undertakes and recognizes his obligation to sail

within the bounds of Croatian territorial waters (a written permit must be issued for any

exception); that he/she will neither sublet nor lend the Vessel to any other person; that he/she will

not take part in any regatta or boat race; that he/she will not use the Vessel for any commercial

purposes, professional fishing, sailing school etc. and that he/she will sail only under safe

weather conditions and good visibility. The Charterer also undertakes to respect customs and

other rules and regulations; that he/she will not charge for transferring merchandise or persons,

that he/she will not navigate in restricted areas; that he/she will keep the log book up to date and

in good order, and will leave it aboard the Vessel; that he/she will carefully handle the Vessel, its

inventory and equipment and shall not be involved in the towing of any other vessel or boat. In

case of accident and/or other unforced event, the Charterer will duly record the course of such

events and request a written certificate from a harbor master, physician or authorized official. The

Charterer will also immediately notify the Operator of such an event. In case of the disappearance

of the Vessel, impossibility of navigation, its confiscation or the prohibition of further sailing by

government officials or other persons, the Charterer undertakes immediately to notify an

authorized official and the Operator. Damage to the underwater part of the Vessel must be

followed by Vessel inspection at the expense of the Charterer. In the case of failure on the part of

the Charterer to adhere to all of the above mentioned conditions, he/she will personally answer to

the Operator and will undertake full responsibility for all consequences, pay for all repairs and

damages.

Pets (dogs, cats, birds etc.) are not allowed aboard the Vessel.

9. RESTRICTIONS ON NAVIGATION AND USE OF CANVAS: As weather conditions dictate,

the Charterer is obliged to promptly reduce canvas and not allow the Vessel to sail under an

amount of canvas greater than one ensuring comfortable sailing without excessive strain or stress

on rigging and sails; not to sail the Vessel in any area insufficiently covered by the charts at

his/her disposal or without having previously thoroughly studied the charts of the area and other

relevant printed material provided on board; not to sail the Vessel at night without all navigation

lights functioning or without adequate watch on deck.

10. 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 (25 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 in general, and especially

when weather conditions or the state of the Vessel or her crew is doubtful.

11. NAVIGATION LICENCE: The Charterer undertakes to be in possession of a valid navigation

license and the VHF certificate, or will leave navigation of the Vessel to a crew member who has

the relevant permits or licenses.

12. SAILING TEST: The Operator (or his/her representatives) may require the Charterer and

his/her crew to demonstrate their competence in handling and navigating the Vessel safely by

actually operating the Vessel at sea with the Operator (or his/her representative) aboard. Should

the Charterer and/or his/her crew fail to satisfy the Operator in this respect, the Operator may

terminate this agreement as stated above, or place aboard the Vessel a seaman if one

acceptable to both the Operator and the Charterer is available, at the expense of the Charterer

for as many days as the Operator shall consider necessary for the safety of the Vessel and her

passengers. Any time required for this test of the Charterer’s competence and seamanship will be

part of the agreed charter period.

13. SKIPPER’S REGULATIONS (in case when Operator provide skipper service to the Charterer)

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 he can easily preview the damage and is able to definitely avoid it. Alike in bareboat charter, the Charterer is held equally liable for other damage that he or the rest of the crew may cause to the yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.). The Charterer is obliged to respect all safety instructions announced by the skipper of the yacht, because the skipper is the only responsible person for the yacht itself. The Charterer is obliged to provide food and pay for the city tax for the skipper and a cabin/berth will be designated for him onboard. The skipper is supposed to navigate and sail the yacht for approximately maximum 8 hours a day (unless otherwise agreed) and is not obliged to sail by night.

14. 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.