GENERAL TERMS AND CONDITIONS FOR SKIPPERED OR CREWED CHARTER OF VESSEL
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.
2. Skipper & Hostess.
Charter company on behalf of the Client shall find a professional Skipper or Skipper and Hostess to act under the direction of and on behalf of the Client in all matters regarding the management, operation and movement of the vessel unless the safety of the vessel, any persons on board or a third party are in jeopardy, in which case the Skipper’s authority overrides that of the Client and s/he is under instructions from the Charter company to prevent or minimize injury and/or damage.
The Skipper's responsibilities and rights are precised in Article 10. of this document.
The Hostess's responsibilities and rights are precised in Article 11. of this document.
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.
4. Inquiries and reservations
Inquiries 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 charter and fully comprehends and accepts these terms which are binding for both the Client and Charter company. The Client is obligated 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.
5. Payment dynamic and payment methods
The accommodation is to be paid 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 becomes a legal obligation, both for the Client and Charter company.
Payment can be done either in Kunas or Euros on our bank account. The method of payment is specified in the charter contract upon previous agreement with the Client.
The Skipper or Skipper and Hostess’s fees are to be paid by the Client directly to the Skipper or Skipper and Hostess by check-in.
6. 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 for the same period as previously booked and 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 change of period is possible only if requested 60 or more days prior to the day on which the accommodation service was to begin and if Charter company may offer another substitute period. 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. 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 cancels 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.
7. 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.
8. 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 refunding the client for the 24 hours he was not able to use the boat. 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 Skipper is obliged to carefully verify and test the condition of the boat and its equipment on behalf of the Client, 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.
9. Returning the vessel
The Skipper is obliged to return the boat at the agreed time (8 a.m. at the latest but preferably until 6 p.m. the evening before) to the defined port mentioned in the contract, clean and tidy, with full tanks of fuel and water, ready for further sailing, i.e., in the same condition he overtook it. 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.
11. Client's commitments and responsibilities
- The Client is obliged to respect the laws of the host country
- 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 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.
- 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.
- 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 on board than the ones listed on the crew list.
- The Client will be held liable for the damage that he or the rest of the passengers may cause to the vessel or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.).
- He shall respect all safety instructions as announced by the skipper of the vessel, because according to the marine law worldwide, the skipper is the only responsible person for the people onboard and the yacht itself.
- He shall be responsible for the operation costs for the entire charter period for himself and his guests..
11. Skipper's commitments and responsibilities
- The skipper will check in/out the yacht on behalf of the Client.
- The skipper will demonstrate to the Client the safety equipment and the functionality of the yacht and its equipment, as well as all actions in case of an emergency.
- The skipper is responsible for the navigation of the yacht, mooring, anchoring, and maneuvering and for keeping the deck and cockpit of the yacht clean, in good and fully functional condition. Other tasks such as cleaning, cooking, etc. are not part of the skipper’s obligations.
- The skipper should respond to any Client’s request regarding various tourist information and share all knowledge he happens to have (such as interesting anchorages, sights and spots, museums, restaurants, nightlife, attractions, water sports points, etc.) acting partially also as a “guide” or a local “host” at the highest possible degree.
- The skipper is supposed to navigate and sail the yacht for approximately maximum 8 hours a day (unless otherwise agreed). The skipper should never leave the yacht unattended when anchored and should stay alert during day and night to ensure the safety of the passengers and the yacht. The skipper will consult the Client for the desired sailing schedule and route and will coordinate this considering the safety and pleasure requirements of the passengers. The skipper of all the sailing yachts should always use the sails of the yacht as much as possible (unless the Client wishes to motor or the wind direction does not allow sailing at all).
- If winds blow very strong, it is on the skipper’s judgment (after estimating the skills and capability of the passengers and the prevailing conditions on the next destination point) if the yacht should depart from the port or not. In all such cases the skipper should explain the situation to the Client in detail and they should mutually agree on an alternative plan for the next days.
- The skipper is fully responsible for the mooring of the yacht, the refilling of water and diesel and fuel for the outboard engine and for arranging the port formalities. The Client will pay all these costs.
- The skipper takes the decision according to the weather conditions and forecast if he can spend the night in a port or in a bay on the anchor.
- The skipper will get his food by the Client and a sleeping cabin/berth will be designated to him onboard.
- 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 (as an averagely experienced skipper) he can easily preview the damage and is able to definitely avoid it.
Alike in a bareboat charter, the Client is held equally liable for other damage that he or the rest of the passengers may cause to the yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.).
- The Client is obliged to respect all safety instructions as announced by the skipper of the yacht, because according to the marine law worldwide, the skipper is the only responsible person for the people onboard and the yacht itself.
- The Client is considered as capable to assist the skipper during sailing/mooring the yacht. If not the Client, one of the passengers should help the skipper -when necessary- by following the instructions and guidance given by the skipper. Not valid if a hostess is hired.
- In case the skipper does not provide his services as described above in the guidelines, or if the Client has other serious reasons, he has the right to request a change of the skipper by contacting the Charter company and by justifying the reasons of such request.
12. Hostess's commitments and responsibilities
- The hostess will prepare and serve breakfast and lunch and will do the daily shopping. The hostess should receive the preferences of the clients and prepare all food accordingly. The hostess should pay careful attention to all special nutritional needs and restrictions set by the Client (such as vegetarian restrictions, gluten tolerance, type of meat, wine picking, etc.). The Client will pay the cost of the food and drinks.
- The hostess will take care of the cleaning of the vessel daily including saloon, kitchen, toilets, and cockpit. Any additional services provided by the hostess should be agreed in advance.
- The hostess will get her food by the Client and a sleeping cabin/berth will be designated to them onboard.
- In case the hostess doesn't provide her services as described above in the guidelines, or if the Client has other serious reasons, he has the right to request a change of the hostess by contacting the Charter company and by justifying the reasons of such request.
13. Damages to the vessel
The Skipper 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 Skipper will follow on Charter company’s instructions for repairing the damage. If the damage cannot be repaired onsite the Skipper 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 the rest of the passengers 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 Client or his/her crew act wilfully or in gross negligence in violation of the charter agreement
The 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 . 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 Client when taking over the yacht. In case of some bigger averages, as well as of those where the other boats are involved, the Skipper 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 Skipper is also obliged to report to the Charter company’s office.
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 owner's 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 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.