Yacht charter and sailing holiday in Croatia

PAYMENT CONDITIONS

VALIDITY
The yacht charter contract becomes valid on receipt of 50 % of charter payment. If the total charter payment is not paid in the period stipulated by the yacht charter contract, the yacht charter contract is not valid and the charter company retains the amount already paid by the charterer.

DEPOSIT
The amount of 1.000 - 1.500 € (cash or credit cards) must be deposited on acceptance of the yacht by the charterer. This deposit will be refunded in full when the yacht is returned undamaged at the time and the place agreed upon. In the case of  lost or damaged equipment, items or parts of the yacht, the charter company will retain a sum corresponding to the cost of repair, acquisition and/or purchase of equipment, items or parts of yacht. The charterer must carry out a daily motor oil check. Damages resulting from lack of motor-oil are not insured. The charterer is also responsible for returning the yacht at the time and to the place designated by the contract. For the beginning of each calendar day that the charterer is late in returning the yacht, the charterer agrees to pay to the charter company additional charges equivalent to three times the daily rental in order to offset loss on the part of the charter company as a result of the unavailability of the yacht. Delay charges can only be waived under circumstances resulting from force majeure of which the charter company must be notified immediately.

RENT CHARGES
Include the use of the yacht with equippment. Fuel is not included in rental charges. The charter company bears the costs of the berth only in base marina in Split. The costs of berths in other marinas are covered by charterer. The yacht shall be handed over to the charterer with fuel and water tanks full and with engine in good running order.

RUNNING EXPENSES
The repair of any damage or breakdown that may occur while the yacht is in the charterer’s care, and which are not result of normal wear and tear, shall be made by the charterer at his/her expense, provided that he/she has previously obtained the consent of the charter company to the technical suitability of the repair to be made. In the case of repairs to damage or failure clearly resulting from normal wear and tear, the charterer shall previously obtain the charter company consent with regard to the cost and technical suitability of these repairs and the charterer shall collect the relevant receipts against which shall be refunded by the charter company at the end of the yacht charter period.

RESPONSIBILITIES OF CHARTERER
For acts of negligence by the charterer for which he is responsible to a third party, the charterer will pay all expenses to the charter company for the material and/or legal costs resulting from such acts or negligence. The charterer is particulary responsible for the yacht in the case of its being impounded by any official body because of its use in improper or illegal action during the period of the yacht charter.

WITHDRAWAL FROM CHARTER
If for any reason the charterer is unable to take over the yacht, he/she may find another person who will enter the contract in his/her place. If no replacement can be found, the charter company shall retain: 25 % of the rental price in the case of cancellation by the charterer at least two months prior to beginning of the yacht charter period. For cancellations up to one month before the charter, the company retains 50% of the amount. Up to two weeks 75% of the price, and 100% of the rental price in the case of cancellation by the charterer less than 30 days prior to beginning of the yacht charter period.

DELIVERY / REDELIVERY
Check-in is on Saturday at 17:00 and Check-out on Saturday at 09:00 if not agreed diferently in the contract. The charter company undertakes to deliver the yacht in good working condition. If the charter company  fails to make yacht available to the charterer at the agreed the time and place, the charterer may claim a refund from the charter company for each day on which the yacht was not at his/her disposal. If the charter company is unable to deliver the yacht at the agreed place 24 hours after the deadline or make available similar or better quality vessel, the charterer may withdraw from the contract or claim a refund for as many daily rental charges as the yacht was unavailable. No other claims for compensation will be recognized. The charterer is obliged to inspect the condition of the yacht and items of equipment as per the checklist. All objections must be made prior to initial. Any shortages, defects in yacht or equipment unnoticed at the time of transfer from charter company or charterer may not subsequently be reclaimed from the cost of rental.

INSURANCE
The insurance is determined by the conditions stipulated by the insurance company with which the charter company has insured the yacht. Damages covered by the insurance which are not immediately reported to the insurance company, will not be acknowledged as per the insurance policy. In this case the charterer is personally responsible for total damages as a result of not reporting of damages. Sails are not insured and the charterer is thus responsible for any damage except that arising from normal usage or a result of breakage of the mast.

GENERAL REGULATIONS
The charterer undertakes and recognizes his obligation: to sail within the bonds of Croatian territorial waters ( a written permit must be issued for any exception ); that he/she will neither sublet nor lend the yacht to any other person; that he/she will not take part in any regatta or boat race unles agreed upon by the company; that he/she will not use the yacht for any commercial purposes, professional fishing, school, etc. and that he/she will sail only under safe weather conditions and good visibility. The charterer also undertakes to respect custom and other rules and regulations; that he/she will not charge for transferring merchandise or persons, that he/she will not navigate in restricted areas;that he/she will carefully handle the Yacht, its inventory and equipment and shall not be involved in the towing of any vessel or boat. In case of accident and/or other unforeseeable event, the charterer will duly record the course of such events and request a written certificate from a harbour master, physician or authorized official. The charterer will also immediately notify the charter company of such an event. In case of disappearance of the yacht, impossibility of navigation, its confiscation or the prohibition of further sailing by government officials or other persons, the charterer undertakes immediately to notify an authorized official and the charter company. In the case of failure on the part of the charterer to adhere to all of above mentioned conditions, he/she will personally answer to the charter company and will undertake full responsibility for all consequences. Damage to the underwater part of the yacht must be followed by yacht inspection at the expense of the charterer.

RESTRICTIONS ON NAVIGATION AND USE OF SAILS
As weather conditions dictate, the charterer is obliged to promptly reduce sails and not allow the yacht to sail under an amount of sails greater than one ensuring comfortable sailing without excessive strain on rigging and sails, not to sail the yacht in any area insufficiently covered by the charts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed material provided on board; not to sail the yacht at night without all navigation lights functioning or without adequate watch on dock.

RESTRICTIONS ON LEAVING PORT
Charterer shall not leave port or anchorage if the wind force is, or is predisposed to be over seven (7) on the Beaufort Scale (30 knots,) or if the harbour authorities have prohibited sailing, or while the yacht has unrepaired damage to any of her vital parts such as engine, sails, rigging, bilge, anchoring gear, navigation lights, compass, safety equipment etc. or any of above parts are not in good working condition; neither shall leave port or anchorage without sufficient fuel or in general, when weather conditions or the state of  the yacht or her crew is doubtful.

NAVIGATION LICENCE AND VHF LICENCE
The charterer undertakes to be in possession of a valid navigation licence and VHF licence, or will leave navigation of the yacht to a crew member who has the relevant permit or licence.

SAILING TEST
The charter company may require his/her crew to demonstrate their competence in handling and navigating the yacht safely by actually operating the yacht at sea with owner (or his/her representative) aboard. Should the charterer and / or his/her crew fail to satisfy the owner/charter company in this respect, the owner may terminate this agreement as stated above, or place aboard the yacht a sacman if one acceptable to both the owner/lessor and the charterer is available, at the expense of the charterer for as many days as the owner shall consider necessary for safety of the yacht and her passengers. Any time required for this test of the charterer”s competence seamanship will be part of the agreed yacht charter period in Croatia.

COMPLAINTS
Only complaints submitted in writing at the time of returning the yacht, and signed personally by the charter company and the charterer, shall be taken in consideration.

ADDITIONAL AGREEMENTS
Must be in writing. In case of misunderstanding or dispute, an attempt shall be made to settle difficulties peacefully and by understanding. If misunderstanding or disputes can not be thus resolved, the matter shall be forwarded to arbitration Court of Split. If a particular article or item of this contract is nullified or debatable, this shall not affect the validity of the contract as a whole. In this case both parties may negotiate nullification or rework a debatable article/item of this contract, realizing the inapplicability or debatable nature of the article at issue. All amounts indicated in EUR are payable in other convertible currencies according to the current exchange rates.