GENERAL CHARTER CONDITIONS (AV)

 

2021.
 
1. PAYMENT: The Client is liable to pay the full amount of the charter fee into the bank account of the company ABA VELA d.o.o. according to the amount and terms in the Booking Confirmation Invoice. The charter price is payable in cash or by bank transfer. The charterer/remitter shall bear all bank fees. The company ABA VELA reserves the right to cancel the booking if the initial deposit is not received within 15 days of booking confirmation and/or if the balance payment is not received 15 days before the charter commencement date.
The Client is obligate to send online e-crew list (not later than seven days prior to the beginning of the charter) with all requested data: names and surnames, gender; place, country and data of birth; place and country of residence, citizenship, passport or ID number / type, and for the skipper a copy of the valid Operator’s license (Skipper license) and Radio Telephone (VHF) Operator Certificate with visible numbers and photos.
2. CHARTER FEE: The charter fee includes the use of the vessel only. It does not include skipper, fuel cost, water costs and mooring fees in other marinas during the charter period. ABA VELA shall deliver the vessel to the Client in the seaworthy condition, as per vessel check-in list, clean, with full fuel and full water tank, gas for cooking, bed linen and towels for all members per crew list. It is expected to be returned in the same condition as it was received. For the boats with daily mooring in ACI marina Split, we pay only check-in day and check-out day.
3. TAKE OVER: ABA VELA is responsible for the delivery of the vessel in the seaworthy condition, clean and ready for service on the date specified by the parties under this contract. If ABA VELA, whatever the reason, fails to make the vessel available to the Client at the agreed time, it must tender a suitable alternative yacht with similar or better features within 24 hours. If ABA VELA is not able to tender a suitable alternative vessel within 24 hours, the Client shall be entitled to terminate the contract, which shall thereupon become null and void and the Client shall have the option to claim the full refund of the charter fee. For the charter Saturday-Saturday, Check-in procedure starts after 17h.
If the Client is not able to use the vessel due to her malfunction during the charter period, and the problem is not resolved within the first 24- hour period, he shall be entitled to claim the refund in the amount of daily charter hire, for each next 24-hour period. The Client shall not be entitled to claim any other compensation. This obligation is valid only for the navigation within the Croatian territorial waters!
At the time of the takeover, the Client shall be liable to check the seaworthiness and whether the vessel is equipped and outfitted with all the items enlisted in the check-in list. Should the Client have any complaints, it must be written out in full on the check-in list before signing. Any other right to refund is excluded. This obligation is valid only for the navigation within the Croatian territorial waters!
During the delivery of the vessel, the Client shall be liable to establish whether the vessel is in the seaworthy condition and whether she has all the equipment enlisted in the check-in list. All defects of the vessel or equipment unnoticed at the delivery, shall not entitle the Client to reduce the original charter fee.
The Client shall be liable to deliver the vessel to ABA VELA on the date agreed by the parties of this contract hereunder. For the charter Saturday-Saturday, the vessel must be returned in the base on Friday before sunset. The client must leave the boat on Saturday morning before 9h.
If the Client fails to return the vessel on time to the agreed destination, he shall be charged at the rate of the daily accommodation service for the delay up to 3 hours. In case of more than a delay of 3 hours, the Client shall pay triple rate for the daily accommodation service. Additionally, he will be charged for costs related to the commercial loss of ABA VELA and costs end expenditures resulting from the delay of the Client. The delay can only be justified in case of Force Majeure provided that the Client immediately informs ABA VELA.
4. DEPOSIT: Before the check-in procedure, the Charterer is required to pay the refundable security deposit (in cash or by VISA or MASTER credit card preauthorization) in the marina office of ABA VELA. The refundable security deposit amount for bareboat is: 7.500 KN (~1.000 EUR) or 11.500 KN (~1.500 EUR), or 15.000 KN (~2.000 EUR), depending on the type of the vessel. Extra refundable security deposit for regattas/sails is: 7.500 KN (~1.000 EUR). ABA VELA does not offer a deposit insurance (damage waiver insurance).
The security deposit covers all possible damage, losses and/or defects on the boat he rented, or damage to the third parties made by the Client.
If the vessel is returned undamaged, with all equipment and sails, with full water and fuel tanks, on the time and place agreed between the Client and ABA VELA, the security deposit is fully refundable after the check-out procedure.
5. INSURANCE: The vessel is covered with full Kasko insurance against all risks and damages (including liability insurance of the owner, i.e. the Charterer) exceeding the Refundable security deposit amount up to the full value of the vessel. The insurance policy covers Compulsory Passenger Insurance and Casualty Insurance and Compulsory Third Party Insurance (according to the date and crew/passengers listed in the Crew list). Damages and accidents, which are not immediately reported to the nearest Harbor Office, Police station and ABA VELA, shall not be the subject to insurance compensation and the Client shall be fully responsible for them. Personal property of passengers is not covered with vessel insurance.
6. RESPONSIBILITY OF THE CHARTERER: The Client is responsible for the seizure of the vessel by authorities due to illegal acts (e.g. professional fishing or pulling out antiquities of the sea, etc.). In such event, the Client shall inform ABA VELA immediately. In case of the collision with other boat or land yacht or equipment theft, the Client shall at the earliest opportunity report such occurrence to the Harbor Office or Police station and request a written copy of the report. The Client shall be obliged to inform ABA VELA of the accident.
The Client is obliged to navigate within the Croatian territorial waters. If the Client wishes to leave the Croatian territorial waters, he shall request the permission from ABA VELA. At the Charterer’s request and expense, ABA VELA shall obtain necessary documentation for the sailing in extraterritorial waters. The Client hereby confirms to be the holder of a valid navigation license, or if otherwise that he will leave the conduct of the vessel to a crew member who has the required license. The Client hereby agrees that he will not allow any other person who is not listed in the Crew List to operate the vessel, or to use the vessel for any commercial purpose. Moreover, the Client shall sail under safe weather conditions, and shall not participate in regattas without a prior consent of ABA VELA.
Furthermore, the charterer is liable to check the oil in the engine during the charter period, and he shall be responsible for any engine damages resulting from the lack of oil. The underwater portion of the vessel shall inspect a skin-diver at the end of each charter.
The Client shall take responsibility for any possible damage, losses or defects on the boat/yacht he rented and/or to the third parties.
7. CHARTER TERMINATION: If, whatever the reason, the Client shall be not able to take over the booked vessel, he is entitled to (with prior consent of ABA VELA) to find another client who will enter the contract with ABA VELA for the same vessel.
If no replacement can be found, ABA VELA shall retain:
- 20% of the full amount of the charter fee, if cancellation occurs more than 60 days before the commencement of the charter - 50% of the full amount of the charter fee, for cancellation within 60 days before the commencement of the charter - 100% of the full amount of the charter fee, for cancellation within 30 days of the commencement of the charter
8. COMPLAINTS: ABA VELA shall hereby consider only the complaints submitted in writing and signed by the Client on the Check-out document on the completion date of the accommodation service.
9. JURISDICTION: Any disagreement of dispute which may arise between the parties shall be settled amicably on mutual benefit. Failing this, the Court in Split will be competent.
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