Yacht charter conditions
Booking terms & yacht accommodation in Croatia
1. CHARTER FEE
The charter fee includes technically adequate usage of the yacht and its equipment with full insurance of the yacht and crew members during the charter period stated in the contract. Mooring in the home base marina is mostly also included in charter fee (not for all ports). The charter fee do not cover the harbor dues out of home base marina, fuel costs, skipper, hostess, car parking or some other extras.
2. PAYMENT CONDITIONS
The chartered yacht with complete equipment can be used only after the payment was regularly settled to Charteree’s account:
• 50% of the charter fee latest 5 (five) days upon signing the contract
• 50% of the charter fee latest 4 (four) weeks before commencement of the charter.
3. SECURITY DEPOSIT
The security deposit has to be deposited in starting marina by the Charterer when taking over the yacht in cash or credit card. It is refunded back in full in case the boat is returned undamaged and on scheduled time.
The deposit money has to be deposited in case the yacht is chartered with skipper too. In case of personal negligence and or loss of one or more equipment items the Charterer bears all the costs.
4. CHARTEREE OBLIGATIONS
The Charteree is obligated to deliver to the Charterer a completely clean and dry boat in faultless conditions with full fuel and water tanks in the agreed time and place and expects the yacht to be returned in the same condition. If the Charteree is for any reason not able to provide the reserved boat at scheduled place and time he could provide other yacht, at least identical or with better characteristics.
If the reserved boat is not provided within 24 hours the Charterer could cancel the charter and claim the reimbursement of the charter fee paid. Any other claim for reimbursement is not included.
5. TAKE OVER OF THE YACHTS ( CHECK-IN )
The Charterer will take over the yacht in agreed time and place with all documents of the boat. When taking over, the Charterer is obliged to check the condition of the boats and its equipment according to the inventory list.
Eventual defects on the boat or its equipment which could not be known to the Charteree at the moment of takeover as well as defects which could arise after the takeover, can not influence the charter price.
The Charteree is authorized to give up the contract if the Charterer fails to takeover the ship within 48 hours.
If in the judgement of the Charteree representative the Charterer is, for any reason, not competent enough to operate the yacht, the Charteree had the right to do not handover the yacht or to give the Charterer instructions at his expense.
6. CHARTERER’S OBLIGATIONS
The Charterer is obligated to sail within Croatian teritorial waters. For leaving Croatia water the Charterer is obligated to ask the Charteree s special permission and certificate. Charterer is obliged to take care of the boat and navigate it carefully and according to the rules of a good navigator and sail only during safe weather conditions and good visibility.
The Charterer is not allowed to subcharter a yachts or relet it to the third person, participate in regattas or races, night fishing, to do sailing at night by unsafe weather and to violate public rules, orders and laws. The number of persons on board has to correspond to the crew list. The Charterer assumes the responsibility for consequences of non-observance of his obligations.
The Charterer or skipper declares that he has all necessary navigational skills and that he possesses a valid license necessary for the navigation at open sea and radiophone certificate which have to be presented.
In case of the damage to the yacht or to it’s equipment during the trip, the Charterer is obligated to inform the Charteree without delay.
The Charterer is obligated to notify the Charteree and the authorities in case the boats or some equipment is missing, if the further navigation is not possible or in case yacht was dispossessed of or if further navigation was prohibited by state authorities or third parties. If the Charterer fails to hold on his obligations he is considered fully responsible for all consequences for the Charteree and he guarantees for them.
Charterer is also obligated to provide the food and drink for the skipper. In case of the embarkation of pets (dogs, cats, birds and similar) the Charterer is obligated to inform the Charteree. Sometimes this is an extra charge for final cleaning according to the price list.
7. CHARTERER’S LIABILITY
The Charterer is obliged to pay all charges for failures made by himself, for which Charteree might have criminal or financial responsibility. Charterer is responsible for boat taking away by foreign state authorities because of illegal actions.
In the case of damage or accident Charterer is obliged to write down a suitable report and to inform authorized bodies ( harbor headquarters, police, doctors ) and the Charteree in case of disappearance of the yacht, impossibility of operating the yacht, as well in case of state organs or third persons seizing or confiscating the yacht or imposing measures of sailing prohibition.
The Charterer is obliged to check daily oil level in the engine and take care of sails. The damage caused with the above mentioned action is not insured and the Charterer has to pay for damage by himself.
8. RETURNING THE YACHT ( CHECK-OUT )
The Charterer is obliged to return the boat without the crew and their personal luggage at agreed marina at least until the time specified by the Charter contract, including the physical take-over lasting for an hour. Therefore, it is recommended to return the yachts in the marina the night before the Charter contract termination date. If the returning of the yachts is later that stated in the Charter contract, the Charterer has the following fees:
• for the delay up to three hours one day charter fee
• for the delay of more than three hours triple daily charters fee plus all other expenses.
• Delay cannot be justified by bad weather conditions.
The vessel is insured against a third person damages and fully insured (CASCO) for the damages resulting from force majeure up to the registered amount of the boat value for risks according to the insurance policy. If damage occurs during the cruise, the Charterer is not to be charged (damages due to normal exhaustion or in the case of overdraft of the guarantee sum) and he must receive permission (instruction) from the Charteree for an adequate repair.
In the case of larger damages, as well as those where other boats are involved, the Charterer is obligated to report it to the authorized harbour-master’s office and record it in protocol (the course of events, estimation of the damage) for the insurance company. The Charterer is obligated to report it to the Charteree office as well.
If the Charterer doesn’t fulfill his obligations he can be fully charged for the damage costs. Insurance covers all the damages by franchise caused by weather or from the other natural disasters, but not the damages made on purpose.
Charges for purpose made damages are not limited by deposit, all expenses caused by damage made on purpose must be paid. Personal belongings are not covered by the insurance. All crew members are covered by the insurance.
10. CHARTER CANCELLATION
If the Charterer cancels the charter for any reason he can ( if previously agreed with Charteree) transfer his rights and commitments to other Charterer.
If the Charterer is not able to find another Charterer, Charteree shall retain :
• 10 % of chartering fee for the cancellation after booking confirmation ( not refundable ).
• 30 % of charter fee for cancellation 2 months before the commencement of the charter.
• 50 % of charters fee for cancellation 1 month before the commencement of the charter.
• 100 % of charter fee for cancellation within the last month before commencement of the charter.
If cancellation is due to objective reasons ( death of a family member, havy injury, war or others) the received deposit will not be paid back, but the Charteree will give the boat to the Charterer’s disposal in another free period of time if possible. In this matter we recommend to the Charterer to close an travel cancellation insurance by the insurance company of his choice.
Only written complaints, signed by both parties on the occasion when yacht is returned, will be taken into consideration.
All possible disagreements or disputes that can’t be settled peacefully, will be under the jurisdiction in the Charteree’s residence.