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GENERAL YACHT CHARTER TERMS & CONDITIONS


1. PRICE
The price includes the yacht charter.
The price does not include port and other taxes and fuel.

2. PAYMENT
The charterer can take over the yacht with full equipment only after full payment.

3. CONDITIONS IN CASE OF CANCELLATION
In case of cancellation of the yacht charter the charterer can find a third person who is prepared to take over the rights and responsibilities of the charter. If the charterer is not able to find a third person the costs of cancellation will be settled in the following way:
  • in case of cancellation up to 10 days before the beginning of the charter period - 100 % of the price
  • in case of cancellation in the last month before the beginning of the charter period – 50 % of the price
  • in case of cancellation to two months before the beginning of the charter period – 25 % of the price.
We warmly recommend cancellation insurance.

4. GUARANTEE
The charter company is not responsible for the actions carried out by the charterer during the charter period. The charterer excludes the charter company from any disputes, disagreements, suits and other consequences connected with the yacht charter. The charterer is especially responsible when he does not respect navigation regulations on sailing in forbidden waters and other limitations.

5. TAKEOVER
The charter company hands over the yacht to the charterer at the agreed time and place. If for any objective reasons the charter company is not able to hand over the yacht in time, the charterer will be refunded a part of the rent for each delayed day. If the charter company cannot hand over the yacht to the charterer after 36 hours from the arranged time or at the place that is away from the main marina less than 36 nautical miles, the charterer has the right to cancel the charter party. In this case the charterer will be refunded the rent, but all other compensations are excluded (e.g. travel, accommodation etc.).
At takeover the charterer must check the yacht carefully and also check its condition and equipment. All remarks and irregularities must be noted in the take-over certificate. If there are no claims made at takeover all the things will be considered taken over correctly.
At takeover the skipper has to be well familiar with the yacht, its equipment, instruments and their functioning and maintenance during the cruise.
If a failure or damage occurs at takeover or during the cruise that prevents the further rent in full, the charterer is not entitled to compensation if this failure or damage was a consequence of force majeure or the fault of a third person. But if the failure or damage is a consequence of invisible defects on the boat, sails, drive, helm or engine, the charterer is entitled to a refund of a proportionate part of the rent for the days he/she was not able to use the yacht. All other compensation claims (especially travelling expenses, accommodation expenses, compensations on lost days and shortened vacation etc.) are excluded.
The charterer is obliged to return the yacht to the charter company at the arranged time and place. If the charterer is late to 12 hours with the handover he/she has to pay the compensation for every hour after the arranged time in the amount of 2% of the weekly price for every delayed day and bear all costs of the delay (transport, compensation to the next charterer etc.).
The yacht must be handed over with a full fuel tank, cleaned, serviced and in perfect condition.
The charterer returns the yacht in the same condition as taken over.
During the charter all failures, also in case of force majeure, will be charged and the compensation will be deducted from the deposit.
If the charter company suspects that the bottom or the keel of the returned yacht may be damaged, it may order to lift the yacht from the water at the cost of the charterer to check it.

6. DEPOSIT
Deposit is put down at takeover in cash or by valid cheques (Eurocheques, traveller’s cheques). If there is no case of compensation, the deposit will be repaid to the charterer in full on the return of the yacht. When chartering a yacht with a skipper you have to put down a deposit as well.
The charterer is charged actual costs for replacing or repairing the lost or damaged items from the yacht or parts of the equipment, including transportation costs and costs in case the yacht cannot be chartered for some time. For the replaced parts and equipment the actual catalogue prices are charged. In case of abrasion, scratches etc. the costs are charged per square meter of damage and if the fuel is not replaced, the charterer has to pay for the fuel and also the costs of refuelling. The compensation is settled on the return of the yacht. If the costs cannot be determined right away, the charter company will keep a part or the whole deposit to charge costs within 30 days.
The charterer is obligated to check the level of oil and the cooling water daily.
The insurance does not cover damages that are caused on the engine because of overheating or insufficient oiling, so the charterer has to bear the arisen costs.

7. INSURANCE
The vessels have an insurance against third party risk (compulsory insurance) and a comprehensive insurance according to the value of the vessel.
In case of an accident during the cruise when the charterer is not obliged to bear the costs (at normal wear out and exceeding the sum of the deposit), he/she must get an approval from the charter company or the base manager for repairing the vessel.
In case of major accidents and if other vessels take part in the accident the charterer has to report it to the command of the competent port and it is also necessary to write a report (course of events, damage survey) for the insurance company. If the charterer does not fulfil his/her obligations, he/she is obliged to cover all damage.
The insurance does not cover the damages on the sails. These damages are covered by the charterer. The same holds in case of damage on the engine due to insufficient oiling. The charterer is obliged to check the level of oil daily.
Private items and the crew are not insured. Therefore we recommend you to arrange this insurance extra.

8. SKIPPER CHARTER SERVICE
The skipper’s obligations are limited to: manoeuvring and navigation. During the cruise the charterer and the crew must obey the skipper’s orders. If this is not so the skipper may, after consideration, cancel the charter. The skipper has no right to claim compensations or payments and is at the same time not obliged to carry out any kind of special service (e.g. cooking, shopping etc.) for the charterer.

9. OBLIGATIONS OF THE CHARTERER
The charterer agrees to sail with the charted vessel only within the Croatian territorial waters. For each exception a written permission is needed. The charterer is not allowed to: further rent or leave the yacht to a third party, board more crew than stated in the crew list, sail during night in unsafe weather conditions, act against public regulations, rules and acts. In case the charterer infringes the above mentioned obligations, he/she alone will be held responsible for consequences that will arise.
The charterer or the person in control of the vessel states that he/she has the necessary nautical knowledge and the required sailing permit for running the vessel in open sea and a restricted radiotelephonist certificate.
In case the charterer wants to take a dog on board, he/she must inform the charter company in advance and cover additional costs of cleaning in the amount of 77 EUR at the place of charter.

10. RETURNING THE VESSEL
The charterer is according to the charter party obliged to return the vessel with full tank, with all equipment properly stowed and at the agreed time regardless of the weather conditions. In case of an expected delay the charterer is obliged to notify the charter company. In case of a late return of the yacht the charter company will charge the charterer 2% of the price for one week according to the price list for every full hour of delay.

11. PETS
It is not allowed to take pets on board unless otherwise agreed.

12. NAUTICAL KNOWLEDGE
If the charter company has doubts about the charterer’s sailing and nautical knowledge and skills, the charter company has the right to test the charterer’s practical knowledge.
If the charter company comes to the conclusion that the charterer does not have sufficient knowledge, a skipper will be assigned on additional payment.
The charter company reserves its right to annul the charter party and keep the sum paid.

13. COVERING THE DAMAGES
For covering the damages occurred the charterer must refer to the charter company in writing (registered!) not later than in 8 days after the end of the charter. All claims have to be noted in the take-over certificate and in the record given by the person that took over the yacht on behalf of the charter company. All facts have to be noted in the ship’s log. The compensation claims are limited to the sum of the paid rent.

14. NOTES AND REMARKS
Notes and remarks are senseless, unless in a written form. The charter company and the charterer should solve all disputes in a friendly manner.

15. ARBITRATION
In case the charter company and the charterer fail to solve disputes in a friendly manner, the competent court is in Murska Sobota.