GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION ON VESSELS- CHARTER
Charter company Fair wind Ltd., OIB: 19625230765, (hereinafter: Charter company), guaranties the authenticity of the information and the conditions under which the charter fleet is offered. Charter company takes care and maintains the offered vessels with the attention of a good host and guaranties that they are technically in order and in good condition. The person who realizes the first payment (hereinafter: the Client), and thus confirms his reservation for one or more vessels from the Charter company's offer, establishes a legal relationship with the Charter company, by which he consents that he agrees with the general conditions of renting a vessel and with the terms that are herein given for his consideration. All the data announced in these conditions present legal obligation, both for the Client and for Charter company. These conditions are the foundation for resolving eventually arisen disputes between the Client and Charter company; therefore the Client is obliged to read them carefully. If the charter contract is concluded with an Agent’s mediation, the Agent shall assume the role of an intermediary between the Charter company and the Client. The Agent shall be liable only in the context of the duties and responsibility of an agent under the contractual relationship in place with the Client. The intermediary, in this contract, as well as in possible future revisions and in any unilateral statements issued by the Client towards the Charter company, shall act as an authorized representative in the name and for the account of the Charter company and is authorized to collect receivables.
All listed prices refer to a seven-day charter of the vessel, from one Saturday afternoon (5 p.m.) to other Saturday morning (8 a.m.).The prices are in Euros. The listed prices include: technical control, clean and dry vessel with full tanks of fuel and water (as they have to be when the Client returns the vessel), use of the vessel and its devices; the obligatory vessel insurance; a comprehensive insurance that exceeds the value of the deposit defined by the contract; Croatian sailing license, the charter license of the vessel, and every information published on the site at the page of presentation of the vessel. Harbor dues out of domicile marina, fuel expenses, skipper, hostess and other extra services and equipment on request are not included in the price.
3. Inquiries and reservations
Inquires and reservations for vessel's charter can be made by e-mail, by filling-in the enquiry form on the web pages www.croatia-charter.hr or in person at the Charter company's office. By confirming a reservation, the Client confirms that he/she is aware of the General terms and conditions of the vessel chartered and fully comprehends and accepts these terms which are binding for both the Client and Charter company. The Client is obliged to provide any information which is required for the reservation process. Once the reservation is confirmed and the Client has provided all the information requested, Charter company sends him/her the Charter contract, the General terms and conditions are integral part of, with the specification of all the services included, pricing and payment details. In order that the reservation becomes final Client undertakes to pay the amount specified in the contract to be paid by reservation confirmation.
4. Payment dynamic and payment methods
The accommodation is to be paid for as follows:
- · 50% of the vessel's charter price right after the reservation has been confirmed.
- · 50% of the vessel's charter price at least 4 weeks (30 days) before the beginning of the charter period
The Client can take over the reserved vessel only under the condition that he has realized all the necessary payments. By realizing the first payment, the Client confirms that he is completely familiar with all the characteristics and conditions under which the certain vessel is offered to him. By realizing the first payment, all that is mentioned in these conditions become a legal obligation, both for the Client and Charter company. Payment can be done either in Kuna or Euros on our bank account by bank transfer.
5. Cancelation and change of service
In case the Client requests a change of reservation after the subject reservation has been confirmed, the change is possible only if the Charter company may offer another vessel as a substitute. In case the Charter company may not offer another adequate vessel, the change of reservation is to be considered as the cancellation of the reservation. The Client must send a cancellation or change notice, if it is possible to send such a notice, in a written form by e-mail or fax. By change of service the following is understood: change in the number of persons, names of the passengers, and the date of commencement of the charter, the date the vessel is to be returned. In case it is not possible to change the reservation and if it results in the Client's cancellation of the reservation, the below stated terms shall be applied.
- If the Client cancels a reservation (booking) of the accommodation service on the vessel 32 or more days prior to the day on which the accommodation service is to begin, the Charter company shall keep 50% of the accommodation service's price.
- If the Client cancels a reservation (booking) of the accommodation service on the vessel up to 31 days prior to the day on which the accommodation service is to begin, the Charter company shall keep 100% of the accommodation service's price.
- If, for any reason, the Client and his/her crew cancel the accommodation service on the vessel, after they took the subject accommodation, the Charter company shall keep the entire price of the accommodation service and the Client shall bear all the costs that may result thereof.
If the Client who cancels the reservation finds a new Client for the same reservation, the Charter company shall charge only possible costs caused by the subject replacement.
6. Security deposit
A refundable security deposit is payable upon embarkation to cover policy deductible and can be paid in cash or by credit card (VISA, MASTERCARD). The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht or the equipment is found during the returning of the yacht.
In case of loss or damage of the equipment, particular parts of the yacht or the yacht itself, Charter company shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the yacht.
Leaving the deposit is obligatory also when the Client hires the services of a skipper. In this case, the set down deposit cannot be used for covering the expenses caused by the skipper's negligence, bad steering of the boat and bad management of the equipment.
7. Takeover of the vessel
The boat can be taken over in the agreed time and place, from 5 p.m. to 8 p.m. If the Client does not take over the boat within 12 hours from the agreed time without previously announcing it, the Charter company is authorized to unilaterally terminate the contract and the Client has no right to subsequently ask for compensation.
If due to whatever reasons Charter company is not able to deliver the reserved boat in the agreed time and place, the Charter company has a 24-hour time, from the agreed time of taking over the boat, to provide the Client with another boat with equal or better characteristics. If the Charter company does not succeed in doing so, the Client has the right to terminate the contract and to be reimbursed of the already paid amount. If the Client decides to wait for a substitutive boat more than the previously agreed 24 hours time, he can be refunded the amount of the rental for the days he was not able to use the boat. The responsibility of the Charter company for amounts higher than the amount of the rent, as well as for any other right of the Client for compensation, is excluded.
Charter company shall not be liable for any delay due to the Acts of God or rough weather conditions
The Charter company is obliged to give out to the Client a technically correct boat and completely equipped with full tanks of water and fuel, clean and dry, ready for sailing.
When taking over the boat, the Client is obliged to carefully verify and test the condition of the boat and its equipment, and verify whether the inventory checklist corresponds to reality. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects or deficits of the boat and/or the equipment, which were not known to Charter company when submitting the boat, as well as damage and defects after returning the boat that Charter company could not predict, do not give the Client the right to ask for discount on the price of the rent.
8. Returning the vessel
The Client is obliged to return the boat to the base port defined in the contract on Friday evening until 6p.m. unless otherwise stipulated, clean and tidy, with full tanks of fuel and water, ready for further sailing, i.e., in the same condition he overtook it. If due to whatever reasons during the trip further sailing is not possible and/or exceeding the negotiated date of return is inevitable, further instructions should be given by contacting the base manager and the Charter company. The information about the announcement must be written in the boat’s diary. Adverse weather conditions cannot justify the exceeding of the negotiated return date of the boat. Exceeding is only justified in cases caused by Acts of God.
When it comes to exceeding the negotiated date of return, the Client guarantees that for a delay of three (3) hours he will pay additional daily rent. For delays over three (3) hours and for each beginning of a new calendar day, the Client must pay triple daily rent, as well as additional expenses that have come up due to the late returning of the boat. Therefore it is advised to the Client to return the boat to the designated port in the evening hours of the day before checking it out. In case of returning the boat to another port than the negotiated one, the Client must reimburse the Charter company all expenses caused by taking it back to the negotiated port, as well as expenses for any delay if such has occurred, as well as any damage occurred during transferring back the boat and that are not covered by the insurance policy. When returning the boat the Charter company's representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the inventory list.
9.Client’s commitments and responsibilities
· The Client is obliged to sail in territorial waters of the Republic of Croatia. For sailing outside the territorial waters, the Client is obliged to ask the Charter company, before the reservation has been confirmed, for a written permission to leave the territorial waters of the Republic of Croatia.
· The Client is not allowed: to provide accommodation services on the vessel to third persons;- to lend the vessel to third persons; to participate in the competitions which include the usage of the vessel; to use the vessel for economic purposes; to use the vessel for professional fishing; to use the vessel for the purposes of a sailing school; to sail in unsafe weather conditions.
· The Client is obliged to: obey custom and other rules and regulations; keep the log book in order; be careful while navigating the vessel and using the inventory and equipment.
· The Client is obliged to pay to the Charter company all material and legal expenses which may result from the acts and/or negligence of the Client, which are not covered by insurance and for which the Charter is liable to third persons. The Client is particularly liable if the vessel was confiscated due to illegal activities.
· The Client is obliged to inform the Charter company about all breakages and damage, no matter what caused them, and the Charter company shall inform the Client on the ways of fixing the damaged vessel and/or the change of equipment. The Client shall bear the costs of unauthorized fixing and unauthorized changing of parts of the equipment.
· In case of an average and/or damage the Client is obliged to register the cause of the events or to ask for a written certificate from the harbor - master's office, doctor or other authorized persons. The Client must immediately inform the Charter company of such events.
· In case of a vessels disappearance, inability to sail, confiscation of a vessel or an arrest conducted by authorized or other persons, the Client is obliged to notify the authorized persons and the Charter.
· Loss and/or damage of the vessel which were/was a result of an accident or Client's inattention, the Charter shall seek to remedy, i.e. indemnify, covering those costs with caution money. If the costs exceed the amount of caution money deposited, the remaining costs shall be covered by the insurance company which issued the insurance policy for the subject vessel. In case the damage and/or loss were/was a result of personal negligence or were/was caused intentionally, the Client bears all the costs.
· The Client is obliged to check the oil in the engine every day. The Client bears the costs of the damage and the losses caused by the lack of oil in the engine
· In accordance with the weather conditions the Client is obliged, if using a vessel with sails, to promptly dip the sails, when necessary, and not to allow the vessel to be found sailing under more than one sail insuring comfortable sailing without excessive strains on rigging and the sails. Furthermore, the Client is obliged not to sail the vessel in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly and not to sail the vessel at night
· The Client is obliged not to leave a port or anchorage if the wind force is or is predicted to be over 30 knots, or if the harbor authorities have imposed a prohibition of sailing or while the vessel or any of its vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, safety equipment, etc. are damaged or are not in good condition, until such damage is indemnified. The Client shall not leave a port or anchorage without sufficient reserves of fuel or in general, when weather conditions or de facto situation of the vessel or its crew are unsafe or doubtful.
· It is not allowed to keep domestic animals (such as dogs, cats, birds etc.) on the vessel.
· It is not allowed to take more passengers onboard than the boat is intended for, and to take more people onboard than the ones listed on the crew list.
In case the Client does not comply with the above given terms, the Client himself shall be held responsible for all the consequences that resulted thereof. The Client is liable for all the offences the Client might commit while using the vessel, even after using the accommodation service on the vessel.
10. Damages to the vessel
The Client shall immediately notify the Charter company of any possible consequential damage, liability damage, collisions, accidents, disabling, operating breakdowns, seizure of the yacht or other events. The Client will follow on Charter company’s instructions for repairing the damage. If the damage cannot be repaired onsite the Client might be obliged – following the demand of the Charter company – to return earlier in the base marina if this is justifiable and reasonable under the circumstances. Should the Charter company be responsible for the damage, the charter costs will be reimbursed to the Client per each commenced day of not utilizing the vessel in proportion to the number of days . If the Charter company is not responsible the Client is not entitled to any claims.
In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption the Charter company is obligated to remove the damage upon notification. If the Charter company removes the damage within 24 (twenty-four) hours, the Client has no right to require any reimbursement.
Should the Client or his/her crew member be responsible for the damage on the vessel or its equipment he/she will bear the costs up to the amount of the security deposit paid. Damages exceeding the deposit amount will be covered by Charter company’s insurance unless the skipper or crew act wilfully or in gross negligence in violation of the charter agreement.
11. Navigational/Sailing license
The Client must possess necessary nautical knowledge and skills and a valid navigational license for sailing the boat at open sea, as well as a confirmation of the finished course on handling the radio station. If the client does not possess the required documents, knowledge and skills, he is obliged to let the boat be sailed exclusively by a crew member who owns it.
The Charter company may require the Client or his/her crew to demonstrate their competence in handling and navigating the vessel safely by actually operating the Vessel at sea with the Charter company's representative aboard. Should the Client and/or his/her crew fail to satisfy in this respect, the Charter company may terminate this agreement as stated above or put aboard the vessel a seaman if the one acceptable to both the Charter company and the Client is available, at the expense of the Client for as many days as the Operator shall consider necessary for the safety of the vessel and its passengers. Any time required for this test of the Client's competence and seamanship will be part of the agreed charter period.
If the Client knows in advance that he will need the service of the official Charter company's skipper, he ought to notify the Charter company abut it during the reservation.
12. The vessel's documents
The vessel is given to the Client's usage with all proper documents necessary for renting (permit, registration, insurance), as well as with all other documents which are part of the boat's folder. The Client is obliged to handle and keep all received documents with extra care. When returning the boat, the Client must give back all received documents and their annexes.
The Client is obliged to keep records in the boat's diary.
he insurance is determined by the terms defined by the insurer with which the yacht is insured. The yacht is insured against the damage caused by third persons and fully insured against all the damage resulting from Acts of God up to the registered amount of the value of the yachts for the risks according to the insurance policy. The yacht crew is insured. The terms under which the yacht is insured are an integral part of this Contract and shall be delivered to the Charterer when taking over the yacht. In case of some bigger averages, as well as of those where the other boats are involved, the Charterer is obliged to report the case immediately to the authorized harbor-master's office and record it in the protocol (the course of events, estimation of a damage) for the insurance company. The Charterer is also obliged to report to the Charteree's office. The damage covered by insurance and in accordance with insurance policy, which has not been reported to the Charteree without deferral, shall not be acknowledged.
In the case stated in the previous paragraph, the Charterer is personally liable for all the damage as the result of not reporting or late damage reporting. If the damage occurs during the cruise and the Charterer is not to be charged (due to normal exhaustion or in case of overdraft of the guarantee sum), he must receive a permission (instruction), from the Charteree for an adequate repair. The damage of the engine caused by the oil deficiency in the motor is not covered by insurance. The Charterer bears the charges for this damage. The damage of personal belongings is not covered by the insurance.
14. Property loss
The Charter company is not responsible for losses and/or damaging of the property of the Client and the rest of the crew, someone else's property that have been laid down and kept on the boat, in the transportation vehicle, in the Charter company's office or in the boat. By paying the necessary deposit and agreeing to the general conditions of renting a boat the Client renounces his rights of requesting a compensation from the Charter company, for losses and/or damage of his personal and/or someone else's property.
If any Client feels that the already-paid services are not completely and/or qualitatively performed, he has the right to issue a complaint to the Charter company. The Client may request a proportional compensation only if during checking-out of the boat he issues a written complaint and encloses all corresponding documentation. Both the Client and the Charter company's representative should sign the written complaint. The Charter company will not consider additionally received and incomplete documented complaints. The Charter company is obliged to come up with a written solution to the accepted complaint within seven (7) days upon receiving it. The Charter company can postpone the solution period for maximum another seven (7) days for the purpose of collecting the data and verification of the complaint that, directly or indirectly, concerns the involved persons cited in it. The Client renounces any mediation by any other person, law institution or giving information to the medias until Charter company comes up with a solution to the complaint. If the Client breaks this regulation, because of the violation of the procedure, no matter his assertions, he loses the right of compensation. The Charter company has the right to ask for compensation from the Client due to the harm he has done to the Charter company. The highest amount of compensation can equal the amount of the advertised service but cannot include the already used services or the whole amount of the rent. This excludes the Client's right for a compensation for non-material damage (such as bank charges for sending money, phone expenses, additional fuel costs, loss of time, excessive stress, mental pain ...). The Charter company can not be held responsible for possible weather conditions, temperature or clarity of the sea, crowded destinations and all other similar situations and events which may cause the Client's discontent, but are not directly related to the quality of the booked service.
The The Client and the Charter company shall endeavor to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Split. The competent law shall be the law of the Republic of Croatia.