GENERAL CHARTER CONDITIONS
An integral part of the General conditions is the Pricelist which is to be used in the business cooperation between Nereus d.o.o. (further referred to as the “Company”) and the Client. The Company is entitled to make changes to the Pricelist without prior notice.
The Company will give its vessels, based on availability, to the Client.
The Company shall, in accordance with the provisions of the General Conditions and the prior arrangement made with the Client, at the agreed time and place, provide a specific vessel to the Client.
Client is obligatory to send the Company all personal and identification information latest one month prior the embarkation of the vessel.
In case of a breakdown that would prevent the vessel provided from being capable of further normal sailing, the Company shall, in no more than 24 (twenty four) hours from being notified of the breakdown, eliminate the breakdown, or when this is not possible, provide a replacement vessel and transport it to the place of the breakdown at its own expense. The Client has the right and obligation to report the breakdown through the Company hot line (technical support person) at the time when the breakdown occurs.
The Client agrees that if the breakdown is eliminated in due time and in the manner as specified in the first paragraph of Article 4, shall not be entitled to any refund of the amount paid for the vessel, or to any subsequent claims regarding the breakdown.
In case of occurrence of the situation described, as well as in case of failure by the Company to provide a replacement vessel, the Company assumes the obligation to the Client to refund the full or part of the amount received for the arrangement, all in accordance with assessment by the Company made for each individual situation.
The Company assumes the obligation to introduce to the Client the positive regulations of the Republic of Croatia, their obligation to follow such regulations, as well as the rule which applies to the Company's vessels without a ship commander (skipper) and requires at least one of the crew members to have a
valid sailing license adequate for the requested vessel and in accordance with the regulations of the Republic of Croatia, and which the Client is required to present to the Company's employees upon their request.
The Company shall, immediately upon prior spoken agreement between the Company and the Client on each individual arrangement, e-mail or fax the Client a completed Booking Confirmation form concerning the arranged reservation.
The Company assumes the obligation to make sure the Client is aware of the fact that he/she is not allowed to leave the territorial waters of the Republic of Croatia during his/her sail by the Company's vessel without prior consent by the Company.
The Company shall make the Client aware that, in case of leaving the territorial waters of the Republic of Croatia during the arranged trip and upon prior consent by the Company, all additional costs related to the additional equipment and permits are borne exclusively by the Client.
The Client agrees that all payments will be made in accordance with the terms specified in the Booking Confirmation, as based on the Company's current Pricelist, as follows:
a) The Client shall no later than 8 (eight) days from the date of Booking Confirmation, regardless of whether the Booking Confirmation has been delivered to the Company, pay the Company 50 % (fifty percent) of the total amount specified in the Booking Confirmation.
b) The Client shall pay the remaining 50 % (fifty percent) of the total amount specified in the Booking Confirmation no later than 45 (forty five) days prior to the commencement of the arranged trip. The Client agrees that the Company is entitled to keep the amount received in accordance with
paragraph a) of this Article regardless of whether the service of accommodation is realized. All payments based on the General Conditions will be made in the Croatian currency (kuna), or in euro when the Client is a foreign legal entity. The Client agrees that all costs related to transferring money to the Company's account are borne by the Client, while the euro/kuna conversion costs are borne by the Company.
The Company is not liable for injuries to the Client and/or crew members or for any damages to the vessel and/or outside the vessel that occurred during the trip by fault of the Client and/or other crew members. The Client agrees that liability for said occurrences remains only and exclusively with the Client.
The Client agrees that the Company is not liable for any problems that occurred due to incomplete or incorrect information received from his / her Agency, as well as for any damages that occurred as the result of failure by the Client’s Agency to comply with one or more of its obligations arising from the General Conditions.
The Company is entitled to cancel the Booking Confirmation for each individual arrangement if the Client fails to make the payment for the arrangement as specified in Article 6 of the General Conditions. The Company shall deliver the cancellation of individual arrangements for reasons specified in paragraph
above, in writing by e-mail or fax, to the Client no later than seven days prior to commencement of the trip.
The Company is entitled to cancel the Booking Confirmation for each individual arrangement if, due to events caused by force majeure (natural disaster, disease, war, etc.), it is not possible to organize the trip to the arranged destination or if it is not possible to provide vessels. If the cancellation of an individual arrangement occurs due to events caused by force majeure, and within 45 (forty five) days prior to the agreed date of commencement of the trip, the Company shall, if
reasonably possible, offer the Client a new arrangement, which shall be adequate to the original arrangement, or, if this is not possible or does not suit the Client’s preference, the Company shall refund the entire amount received for the cancelled arrangement.
The Client may cancel each individual arrangement, but no later than 45 (forty five) days prior to the agreed date of commencement of the trip. The cancellation must be sent by the Client and received by the Company in writing, by e-mail or fax.
In case of occurrence of the situation described in first paragraph of this Article, and if the cancellation is received before the elapse of the 46th (forty sixth) day prior to the date of commencement of the trip, the Company is entitled to keep 50 % (fifty percent) of the amount received. If the cancellation is received
within the 45 (forty five) days prior to the date of commencement of the trip, the Company is entitled to keep 100 % (one hundred percent) of the amount received.
If the cancellation is given by the Client within the 45 (forty five) days, and it is accompanied by justified reasons such as death in the family or severe injury, the Client agrees that the Company is entitled to keep 100 % (one hundred percent) of the amount received, but the Company shall provide the vessel to
the Client at some other point in time during the current or the next season, depending on availability, provided that, if the price for the vessel at that time is higher than the amount already paid, the Client pays for the difference.
The Company and the Client shall attempt to resolve any dispute arising out of this General Conditions in good faith by negotiations, however, should such attempts fail, they hereby agree to the jurisdiction of the Commercial Court in Split.
General Conditions are valid from 01.10.2010. and after, until cancellation.
All terms are subject to change without prior notice.