General Conditions
15 pro. 2015

General Conditions

Payment

The Charterer is obliged to effect payment of 50% of the total amount within 7 days after signing the contract, while the balance is to be paid 4 weeks prior to the charter period. The payments can be effected in cash, or by bank transfer. The Charterer is also obliged to submit to the Lessor the list of names and addresses of all crew members 4 weeks prior to charter period.

Charter Fee

Charter fee covers the use of the sailing boat. The sailing boat is handed over to the Charterer with full water and fuel tanks, seaworthy and clean, and it should be returned in the same condition.

Take over

The Lessor is obliged to deliver the sailing boat seaworthy. If the Lessor fails to make the sailing boat available to the Charterer at the agreed time and place (regardless of reason), the Charterer may request reimbursement for the days he did not have the sailing boat at his disposal. If the Lessor is unable to deliver the sailing boat at the agreed place 24 hours after the deadline or make available other sailing boat of similar or better characteristics, the Charterer may withdraw from the contract and claim reimbursement for as many daily rent charges as the sailing boat was unavailable. There is no other compensation. The Charterer is obliged to check whether the sailing boat is seaworthy and whether all equipment items as per checklist are on the sailing boat. All shortages, defects of the sailing boat or equipment unnoticed at delivery give no right to the Charterer to reduce the original charter fee. The Charterer is obliged to hand over the sailing boat to the Lessor at the agreed time and place. Therefore it is recommended to plan the safe route and to return to marina in the evening day before returning the sailing boat. If the Charterer fails to return the sailing boat on time and place set, he makes a commitment to pay to the Lessor the triple daily rent charge plus the Lessor’s loss and expenses resulting from the delay. The delay is justified in case of force mayor only and in that case the Charterer is obliged to inform the Lessor immediately.

Deposit

Before taking over the sailing boat, the Charterer leaves the deposit of 1.050 or 1.550 EUR in cash or by credit card. The deposit is fully refunded if the sailing boat is returned to the Lessor at the agreed time and place and undamaged. If the Charterer rents sailing boat with a skipper, he/she is also obliged to leave the deposit.
Instead of 1.050 or 1.550 EUR, there is an option for 150 EUR non-refundable security deposit and 200 EUR refundable deposit.

Insurance

The sailing boat is mandatory insured for all damages done to third parties. The sailing boat’s hull insurance policy covers (with deductible 1.550 EUR) all damages except those resulting from force mayor. Damages covered by the insurance, which are not immediately reported to the closest Harbor Master and Lessor, will not be acknowledged in terms of insurance policy, and from those, eventual damages are becoming full responsibility of the Charterer.

Charterer’s responsibilities

For Charterer’s acts and/or neglect for which the Lessor is responsible to a third party, the Charterer will cover all the expenses to the Lessor for material and legal costs resulting from such acts and/or neglect. Charterer is particularly responsible in case the sailing boat is sized by officials on the basis of illegal action. In case of an accident the Charterer will record the course of the events and request the necessary written certificate from the harbor master, physician or authorized officials. The Charterer will also immediately notify the Lessor about such event. In case of sailing boat’s disappearance, impossible navigation of the sailing boat, seizure or prohibition of further sailing by government officials or other persons, the Charterer is obliged to immediately notify the authorized officials and the Lessor.

The costs

of damaged or lost items of the sailing boat or equipment are to be covered by the Charterer, i.e. the Lessor will deduct the amount in question from the deposit. The Charterer is obliged to check the oil in the engine every day. The Charterer will also cover damages resulting from lack of oil in the engine. Damage of the underwater part of the sailing boat must be followed by sailing boat inspection on the Charterer’s expense.

Charterer’s liabilities

The Charterer is obliged to sail within the Croatian territorial waters. He/she makes commitment that he/she will neither sublet nor lend the sailing boat to any other person, that he/she will not take part in regattas, use the sailing boat for any commercial purposes, professional fishing, sailing school and that he/she will sail at night only under safe weather conditions and with watch on deck. As weather conditions dictate, the Charterer is obliged to promptly reduce the sails in order to ensure comfortable sailing without excessive stress on the rigging and sails. The Charterer shall not leave port or anchorage if the wind force is over 6 (six) on the Beaufort scale (30 knots) or if the harbor authorities have prohibited sailing. The Charterer is also obliged to respect customs and other rules and regulations, to keep the logbook correctly and to handle the sailing boat, its inventory and equipment carefully. The Charterer declares that he/she possesses a valid navigation license or, if otherwise, that he/she will leave the conduct of the sailing boat to a crewmember who has the license required. The Lessor may require the Charterer to demonstrate his/her competence in handling and navigating safely by actually operating the sailing boat at sea, with the Lessor or his representative aboard. Should the Charterer fail, the Lessor may terminate this agreement or place aboard a skipper at the expense of the Charterer, for as many days as the Lessor shall consider necessary for the safety of the sailing boat and it’s crew.

Cancellation Policy

If the Charterer cancels the charter for any reason, he/she could transfer his rights and commitments to other person by preliminary arrangement with the Lessor. If the Charterer does not find other person the cancellation expenses would be charged out of deposit as follows:
– Cancellation up to 2 months before charter 30% of charter fee
– Cancellation up to 1 month before charter 50% of charter fee
– Cancellation within 1 month before charter 100% of charter fee
Insurance of reimbursement is recommended.

Complaints

Only complaints in written form delivered at returning of the sailing boat and signed by the Lessor’s representative and Charterer personally will be taken into consideration.

Jurisdiction

In case of disagreement or dispute, the attempt will be made to settle it peacefully by an agreement. If it cannot be resolved in the above manner, it will be subject of jurisdiction of the Court in Trogir.