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CHARTER TERMS AND CONDITIONS
yacht booking terms for sailing and yachting in Croatia


1. CHARTER PRICE
The charter fee includes the use of the yacht and its equipment with full insurance of the yacht and crew members during the charter period. Harbour dues out of base marina, fuel costs, skipper, hostess or some other extras are not included in charter price.

2. PAYMENT CONDITIONS
Completely equipped yachts may be chartered only if the payment was discharged in full.
- 50% of the charter fee upon booking
- 50% of the charter fee four weeks before commencement of the charter

3. SECURITY DEPOSIT
The security deposit has to be made before embarkation in starting marina before takeover the yacht.
Security deposit can be made in cash or credit cards. It is refunded back in full in case the yacht 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 will put only completely equipped yachts with full fuel and water tanks and in fautless condition at the Charterer's disposal, 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 YACHT
The yachts are put at the Charterer's disposal at the appointed time and place with all documents of the yacht.
The Charterer is obligated to check and carefully examine the yacht condition and its equipment according to the inventory list when taking over the yacht. Eventual defects on the yacht 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 authorised to give up the contract if the Charterer fails to takeover the yacht 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 Croatian water the Charterer is obligated to ask the Charteree s special permission and certificate. Charterer is obliged to take care of the yacht and navigate it carefully and according to the rules of a good navigator and sail only during safe weather conditions.
The Charterer is not allowed to subcharter a yacht or relet it to the third person, to sail at night, participate in regattas, night fishing 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 radio-operator license which have to be presented. In case of the damage to the yacht or to it's equipment the Charterer is oblgated to inform the Charteree immediately.
The Charterer is obligated to notify the Charteree and the authorities in case the yacht or some equipment is missing, also if further navigation is not possible or in the case when the yacht was dispossessed of or if futher 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 dog the Charterer is obligated to inform the Charteree and to pay down extra cleaning according to the price list.

7. CHARTERER'S LIABILITY
Charterer is obliged to pay all charges for failures made himself, for which Charteree has criminal and financial responsibility. Charterer is responsible for yacht 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 harbour headquarters, police, doctors and the Charteree in the event of the missing the yacht, detention of vessel or navigation ban by third parties or foreign government institutions.
The Charterer is obliged to check daily oil level in the engine and take care of sails because the sails are not insured. The damage caused with the above mentioned action is not insured and the Charterer has to pay for damage by himself.

8. RETURN OF THE YACHT
The Charterer is obliged to return the yacht without the crew and their personal luggage at least until the agreed time including the physical take-over lasting for an hour. Therefore, it is recommended to return the yacht in the marina the night before the Charter contract termination date. If the returning of the yacht is later that stated in Charter contract, the Charterer has following expenses:
- for the delay up to three hours – one day rental fee
- for the delay of more than three hours – triple days rental fee plus all other expenses.
Delay can't be justified by bad weather conditions.

9. INSURANCE
The yacht is insured against a third person damages and fully insured (CASCO) for all damages resulting from force majeure up to the registered amount of the yacht 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. The damages on sails are not covered by the insurance so the Charterer bears the charges for this damages. 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. CONDITIONS OF CANCELLATION
If the Charterer cancels the charter for any reason he can ( if previously agreed with Charteree) transfer his rights and commitments to other person.
If the Charterer does not find other person Charteree shall retain :
- 30 % of charter fee for cancellation 2 months before the commencement of the charter.
- 50 % of charter 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 yacht to the Charterer's disposal in another free period of time or within next season.

11. COMPLAINTS
Only written complaints, signed by both parties on the occasion when yacht is returned, will be taken into consideration.

12. ARBITRATION
All possible disagreements or disputes that can't be settled peacefully, will be under the jurisdiction in the Charteree's residence.

 
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