Charter fee and payment
Charter fee includes: yacht dues for its usage in
the period of time stated in the contract. Charter fee does not include: petrol
expenses, tourist and residence taxes and a mooring place out of domicile marina.
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. If payments are not made by the due
dates, the charteree reserves the right to cancell contract/reservation and
to charter the yacht to a third party. DEPOSIT The security deposit has to
be deposited in starting marina by the Charterer when taking over the yacht
in cash or credit card. 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 on the
equipment, particular parts of the yacht or the yacht itself, Charteree 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. In case the caused damage has the consequence that the yacht
cannot be further chartered, Charteree has the right to retain the amount corresponding
to the loss of profit.
Charteree obligation
The Charteree is obligated to deliver
to the Charterer a completly clean and dry yacht in a seaworthy conditions
with full fuel and water tanks in the agreed time and place. If there is any
reason that Charteree didnot fulfill above mentioned conditions, the Charterer
has the right to ask for a money refund, for the days he has not been using
the yacht. Also if the Charteree cannot place the yacht at disposal at the
agreed place 24 hours after the expiry of the time period for the takeover,
or provide another yacht, at least similar or with better characteristics,
the Charterer has the right to give up the contract and demand the total amount
of the charter fee for as many days as he did not have the yacht at his disposal.
The Charterer could demand only the amount of the charter fee; any other rights
to indemnification are excluded. In case of damage or defect on the yacht or
its equipment caused by the normal natural yacht consumption the Charterer
is obligated to inform the Charteree immediately. The Charteree is obligated
to remove the damage upon notification. If the Charteree removes the damage
within 24 (twenty-four) hours, the Charterer has no right to require any reimbursement.
Take over and hand over of the yacht
The Charterer will take over the yacht in agreed
time and place. When taking over the yacht, the Charterer is obliged to check
the condition of the yacht and its equipment according to the inventory list.
Any possible objections have to be made until the start of navigation. The
possible covered defects on the yacht or its equipment, which couldn't be known
to the Charterer at the moment of takeover, as well as defects which could
arise after the takeover, do not give right to the Charterer to reduce the
charter fee. The Charteree reserve the right not to hand over the yacht if
the Charterer is not competent for any reason to operate the yacht or to allocate
a skipper to the yacht and charge for it. If the Charterer fails to takeover
the yacht within 48 hours, the Charteree is authorized to give up the contract.
On hand-over inventory quoted on the inventory list should be checked again
to see if the yacht and the equipment are in working order. The charterer is
obliged to return the yacht cleaned and tidied 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 yacht in the marina the night before the Charter contract termination
date. If the returning of the yacht 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 charter fee plus all other expenses. Delay cannot
be justified by bad weather conditions.
Charterers obligation
After taking
possession of the yacht, the Charterer shall bear on his own account all costs
of the daily berth in the port, or in the marina, costs of fuel, oil, water,
cleaning and all other necessities, as well as eliminating all damages and
defects, which can appear while the yacht is under charterer's responsibility
and which are not a result of normal natural yacht consumption. The Charterer
is obliged to sail within the Croatian territorial waters.The Charterer undertakes
to respect customs and other regulations and rules, to take care of the yacht
and its equipment 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, or skipper, declares undoubtedly that he disposes of all necessary
navigational skills and that he possesses a valid license necessary for the
navigation at the open sea and the radiophone certificate, which have to be
presented to the Charteree. The Charterer undertakes and states that he shall
not sub charter the yacht or rented it to the third person, that he shall not
participate in regattas nor yacht races, that he shall not use the yacht in
commercial purposes, professional or night fishing, and he shall not sail at
night and by unsafe weather. Number of persons aboard is to correspond to the
crew list. The Charterer assumes the responsibility for the consequences of
non-observance to his obligations. In case of accident or damage the yacht
or its equipment during the trip, the Charterer is obliged to inform the Charteree
without delay. The Charterer is obliged to notify the Charteree and the authorities
in case the yacht or 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. The keeping of pets (dogs,
cats, birds and similar) on the yacht is not allowed, unless a previous agreement
was reached in that regard. The Charterer is obliged to keep a log book, check
daily oil level in the engine and take care of the sails.
Charterers liability
For the damage caused by actions and failure of the Charterer
for which Charteree is liable to the third party the Charterer is obligated
to settle the damages to Charteree in their entirety, whether it is the case
of material and / or legal expenses that resulted from such actions and failures.
The Charterer is explicitly liable for the yacht in case any official body
confiscates it, due to inappropriate and illegal actions undertaken during
the usage of the yacht. Charterer is obliged to pay all charges for failures
made by himself, for which the Charteree might have criminal or financial responsibility.
In case of damage or accident Charterer is obliged to write down a suitable
report and to inform authorised bodies (harbour 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.
Insurance
The insurance
is determined by the conditions stipulated by the insurance company with which
the yacht is insured.The yacht is insured against damages from third parties.Damages
covered by the insurance which are not immediately reported to either Charteree
or Insurance company,will not be acknowledged as per insurance policy.In that
case the charterer is personally responsible for total damages as a result
of not reporting of 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;
Charterer must pay all expenses caused by damage made on purpose. The damages
on the sails and on the engine caused by the oil deficiency in the motor are
not covered by insurance. Charterer bears the charges for these damages.
Charter termination
If the charterer for any reason cannot start the charter the charterer
can find other charterer by himself (with previous acceptance of charteree).
If the charterer is not able to find another charterer, charteree shall retain:
- 30% of charter fee for termination up to 2 (two) months before the charter
starting date - 50% of charter fee for termination up to 1 (one) month before
the charter starting date - 100% of charter fee for termination less than one
month. If the termination is due to objective reasons (death of a family member,
heavy injury, war or other) the accepted deposit shall not be paid back, but
the charteree shall give the yacht to the charterer at his disposal for another
free period of time within the same season.
Complaints
The complaints are being
accepted only in written form upon the yacht return and only if signed by person
in charge on behalf of Charteree.
Arbitrage
In case of dispute which cannot
be resolved in friendly manner, shall be under court's jurisdiction in the
charteree's residence.