GENERAL CHARTER CONDITIONS (BA)

2016.
 
Charter Terms and Conditions
The lessor (referred to hereafter as “the Company”) is obliged to hand out the chartered yacht at the agreed time ready for take over. In case the company cannot hand out the chartered yacht as agreed in the contract (for instance due to damage from previous charter) the company has the right to give a comparable yacht (the equipment and built year can deviate from the rented boat) to the charterer or refund the charter fee. In this case the charterer cannot request any compensation. The charter fee includes the use of the yacht, the equipment and all extras. Not included are harbour and other charges, fuel, gas, water and all costs which are necessary for the orderly  use and servicing  of the boat during the charter period. Transitlog is also not included in the charter price. As soon as the charterer has paid the full charter, he will receive the charter voucher.
Differences between equipment of the boat and previously faxed inventory or equipment list do not entitle the charterer to reduce the price if all equipment is on the boat which is necessary for the safety of the boat and the crew and if the boat can be duly used.
The company has the right to change the booked port of departure and arrival if travelling by car is not more than 2 hours than to the originally booked port. Such change does not entitle the charterer to reduce the charter price or withdraw from the contract.
In case the boat cannot be handed over to the charterer in time or if the company cannot make a similar boat available the charterer can withdraw from the contract at the earliest 48 hours after begin of the chartered period. All payments out of this contract will be refunded to the charterer. Further compensation (for instance travel costs, hotel costs, travel insurance costs) are excluded. If the charterer does not withdraw from the contract he holds the right on proportionate compensation of the time it took to get the boat ready for take over. If parts of the equipment are lost or damaged during the previous charter which cannot be replaced before the charterer goes on board he is not entitled to withdraw from the contract or reduce the charter price for this reason unless the boats’ seaworthiness is impaired. Defect or inaccurate instruments or equipment do not entitle the charterer to refuse the boat or interrupt the charter or request financial compensation if correct navigation by use of classical navigation procedures is possible and safety of boat and crew are not endangered. 
The charterer will embark not more crew members as there are sleeping places and safety equipment on the boat (refers also to children).
The boat will be given to the charterer with full full tank. Condition and completeness of equipment and inventory will be checked and confirmed by the charterer on a checklist. Later complaints of the charterer regarding seaworthiness are not possible.
The company is obliged to cover liability insurance and hull insurance for this boat. This insurance is included in the charter price. The insurance does not cover accidents of persons on board or loss or damage of personal belongings. We recommend that the charterer covers appropriate insurances on his own.
The charter area refers to the Croatian part of the Mediterranean Sea only. All other agreements must be confirmed by  the company.
If the charterer withdraws from the contract 8 weeks or more before the charter begins  50% of the charter price are due; if the contract is terminated less than 4 weeks before the charter the entire charter price will be kept by the company. If the charterer cancels the charter without paying the down payment, we have to charge a cancellation fee of 130,- €.
For delayed payments a fee of €20 will be charged. If the 50%-down payment is not paid in due time the company is entitled to sell the charter period elsewhere. The total charter price must be received on the account of Baotic Yachting GmbH before the boat is given over to the charterer.
The charterer confirms with his signature on the charter contract that he is in possession of all necessary sailing, radio, boating, navigation licences that are needed to drive a boat on the open sea and Croatia. In case of missing knowledge the basemanager can order a skipper at the charterer´s expense. Otherwise the charterer names a skipper who has to sign the charter contract together with the charterer. He is liable for all consequences resulting from false declarations. Charterer and skipper are liable as general debtor if they are not identical.
The charterer is obliged to treat the boat and its equipment orderly and seamanlike, professional passenger transport and regatta participation are forbidden. It is also forbidden to give away the boat to third parties, and towing of other boats is only allowed in cases of emergency. Driving at night is only allowed at high visibility and secure weather situation. The usually necessary checks of engine and gear unit oil, water level in the bilge have to be done daily.
Domestic animals are only allowed with the company’s approval. 
In case of a collision or an accident a detailed report of this event has to be made which must be confirmed by the harbour captain, medical doctor, an expert  and the police. Furthermore the company and the base manager must be informed immediately. The same procedure must be followed when the boat cannot be maneuvered, in case of loss, theft, confiscation through local authorities or impediment through third parties. All costs due to non-observance or offence of regulations are to be paid by the charterer. If the boat touches the ground the base manager must be informed immediately so that he can check if keel and hull construction are in perfect condition. In case of damage repair and crane costs will be deducted from the safety deposit (Kaution). Motor damages or damaged sails (except torn seams due to normal tear and wear) because of the charterer´s fault, loss or damage of equipment will also be taken from the safety deposit. The charterer is liable for damage due to incorrect operating and/or insufficient maintenance of aggregates on board. For costs that cannot be calculated immediately the company will take an estimated amount from the charterers’ safety deposit about which a precise settlement must be made within 60 working days. For damages which can be repaired only later, the settlement can be delayed, to avoid any charter loss. The charterer is furthermore obliged to inform the local authorities about every crew change and to leave a protected harbour with a motor yacht only if weather report and sea and waves allow this, and not to leave a protected harbour with a sailing yacht at wind forces of 7 Bft or more. The charterer is obliged to follow the instructions of the basemanager. After termination of the cruising tour the charterer returns the boat with full fuel tank, cleared and in the same condition as he had taken over the boat. If the boat is not filled up, the base calculates a surcharge of 30% per Liter and the costs of the base personal. If the boat is damaged due to skipper’s gross negligence he will be held liable for this damage and consequences of this damage, especially for loss of following charter weeks.
The charterer is obliged to return the boat in time as agreed. The baot has to be back in the marina on Friday evening. This obligation  must be fulfilled regardless of the weather. He must plan the tour so that he can reach the home port also in bad weather. If he cannot return the boat in time he must inform the base manager immediately and await further instructions. All costs involved herewith (costs for returning the boat, travel costs for the next charter guests) must be paid by the charterer. The company can request double the price per day for each day of delay. For every hour of delay the charterer has to pay 20% of the price per day. If the charterer returns the yacht before the official charter end, he has to pay for  the diver. The boat must be returned with a full tank. 
The charterer will keep the company free from all legal consequences due to actions or omissions of the charterer for which the company might be held liable from a third party, also from all costs and law-suits within the country and abroad. The charterer disclaims all objections against the company regarding the insurance contract and the fact that there is no other insurance than mentioned above. The charterer will be held liable for all damage which cannot be covered through the insurance due to gross negligence. If the boat is not cleaned thoroughly after the return the company can have the boat cleaned on the charterer’s costs. If end cleaning is included in the price the charterer must return the boat only with clean dishes. If the boat is returned in good condition, cleaned, complete and with full tanks (fuel, water) the safety deposit is refunded. Another protocol (checklist) will be made which is legally binding when both, charterer and company signed it. The company cannot be held liable for lost or forgotton personal belongings of the charterer and his crew. 
Potential claims resulting from the boat charter must be sent to Yacht Centar Baotic, Zagreb/Croatia. They must be made at the latest 14 days after the end of the charter tour by registered letter. Later claims will not be accepted. Compensation claims can only be dealt with if the company confirmed the facts at the marina in written form to the charterer. Compensation claims  are limited to the agreed charter price maximum. All further claims are excluded. Any offence of the charterer against the agreed obligations entitle the company to withdraw from the contract without compensation. Any compensation claims towards Baotic Yachting GmbH are excluded.
If one or more clauses of these terms and conditions are invalid or legally ineffective the validity of the rest of the terms and conditions  remain untouched. Verbal or additional agreements must be confirmed in writing. Legal venue is the place of the lessor company.
In all cases all parties strive to come to an amicable agreement.
 
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