Charter fee and payment
Charter fee includes: yacht dues for its usage during the period of time stated in the contract. Charter fee does not include: petrol expenses, tourist and residence taxes and berth costs outside the domicile marina. The yacht shall be given at charterer’s disposal clean, in working order and with full fuel and water tanks, and it shall be returned under the same conditions. The chartered yacht with complete equipment can be used only after the payment was credited 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 cancel the contract/reservation and to charter the yacht to a third party.
The security deposit has to be deposited in cash or with a credit card at the starting marina by the Charterer when taking over the yacht. The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht or its equipment is found upon 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), corresponding 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.
The Charteree is obligated to provide the Charterer with a completely clean and dry yacht in a seaworthy condition with a full fuel tank and water tanks at the agreed time and place. Should the Charteree for any reason fail to fulfil the above mentioned conditions, the Charterer has the right to ask for a payment refund for the days he has not been using the yacht. Furthermore, if the Charteree cannot provide the yacht at the agreed location within 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 withdraw from the contract and demand a refund of the total amount of the charter fee for as many days as he did not have the yacht at his disposal. The Charterer can 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 regular yacht usage, the Charterer is obligated to inform the Charteree immediately. The Charteree is obligated to remove the damage upon notification. Should the Charteree remove 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 at the 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 before 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 that could arise after the takeover, do not give right to the Charterer to reduce the charter fee. The Charteree reserves the right not to hand over the yacht or to allocate a skipper to the yacht and charge for it if the Charterer is for any reason not competent to operate the yacht. If the Charterer fails to take over the yacht within 48 hours, the Charteree is authorized to withdraw from the contract.
During the hand-over, the equipment stated on the inventory list should be re-checked to verify if the yacht and the equipment are in working order. The charterer is obliged to return the yacht in a tidy condition without the crew and their personal luggage at agreed marina at least by the time specified by the Charter contract, including the actual hand-over procedure lasting for an hour. Therefore, it is recommended to return the yacht to 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 a delay up to three hours, one day charter fee;
- for a delay of more than three hours triple, daily charter fee plus all other expenses.
A delay cannot be justified by bad weather conditions.
After taking possession of the yacht, the Charterer shall bear all costs of the daily berths in ports or marinas, fuel costs, oil, water, cleaning and all other necessities, as well as eliminating all damages and defects that occur while the yacht is under charterer's responsibility and that are not a result of a usual yacht wear. 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 with care and according to the rules and practices of a good navigator, 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 to a third person, that he shall not participate in regattas or yacht races, that he shall not use the yacht for commercial purposes, professional or night fishing, and that he shall not sail at night in unsafe weather conditions. Number of persons aboard is to correspond with the crew list. The Charterer assumes the responsibility for the consequences of non-observance to his obligations.
In case of an accident or damage to the yacht or its equipment during the trip, the Charterer is obliged to inform the Charteree without any 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 stolen, 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 oil level in the engine on a daily basis and take care of the sails.
For the damage caused by actions and oversights 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 oversights. The Charterer is explicitly liable for the yacht in case of confiscation by the state officials due to inappropriate and illegal actions undertaken during the usage of the yacht.
Charterer is obliged to pay all charges for oversights made by himself, for which the Charteree might have criminal or financial responsibility. In case of damage or accident, the Charterer is obliged to write a suitable report and to inform the state officials (harbour headquarters, police, doctors) and the Charteree in case of disappearance of the yacht, impossibility of operating the yacht, as well in case of seizing or confiscating of the yacht by state officials or a third person or in case of imposing measures of sailing prohibition.
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 the 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 the damages. Insurance covers all the damages by franchise caused by weather or by other natural disasters, but not the damages made on purpose. Charges for purposely 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 low oil level in the motor are not covered by insurance. Charterer bears the charges for these damages.
If the charterer cannot start the charter for any reason, the charterer can find another person to take his place as a charterer (with previous acceptance of charteree). If the charterer is not able to find another charterer, the charteree shall retain:
- 30% of the charter fee for termination up to 2 (two) months before the charter starting date,
- 50% of the charter fee for termination up to 1 (one) month before the charter starting date,
- 100% of the charter fee for termination less than one month.
If the cancellation 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.
The complaints are being accepted only in a written form upon the yacht return and only if signed by the person in charge on behalf of Charteree.
In case of a dispute regarding this Contract, which cannot be resolved by agreement, the parties agree to the jurisdiction of the court in the charteree's residence.