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1. CHARTER FEE
The charter fee includes technically adequate
usage of the yacht and its equipment with full
insurance of the boat and crew members during
the charter period stated in the contract.
Mooring in the home base marina is included in
charter fee. The rental fee do not cover the
harbor dues out of home base marina, fuel costs,
skipper, hostess, car parking or some other
extras.
2. PAYMENT CONDITIONS
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 4 (four) days
upon signing the contract
• 50% of the charter fee latest 4 (four) weeks
before commencement of the charters.
3. SECURITY DEPOSIT
The security deposit has to be deposited in
starting marina by the Charterer when taking
over the yacht in cash or with credit
card. It is refunded back in full in case the
boat is returned undamaged and on scheduled
time.
The deposit money has to be deposited in case
the boats are 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 is obligated to deliver to the
Charterer a completely clean and dry yacht in
fautless conditions with full fuel and water
tanks in the agreed time and place and expects
the vessel 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 ( CHECK-IN )
The Charterer will take over the yacht in agreed
time and place with all documents of the yacht.
When taking over the boats, the Charterer is
obliged to check the condition of the yacht and
its equipment according to the inventory list.
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
vessel 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
After taking possession of the boat, 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 and all other
necessities. 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 and
good visibility.
The Charterer is not allowed to subcharter a
yacht or relet it to the third person,
participate in regattas or yacht races, night
fishing, to sail at night by unsafe weather 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 radiophone
certificate which have to be presented.
In case of the damage to the yacht or to it's
equipment during the trip, the Charterer is
oblgated to inform the Charteree without delay.
The Charterer is obligated to notify the
Charteree and the authorities in case the yacht
or some equipment is missing, if the further
navigation is not possible or in case 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.
In case of the embarkation of pets (dogs, cats,
birds and similar) the Charterer is obligated to
inform the Charteree. Sometimes this is an extra
charge for final cleaning according to the price
list.
7. CHARTERER'S LIABILITY
The Charterer is obliged to pay all charges for
failures made by himself, for which Charteree
might have criminal or 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 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.
The Charterer is obliged to check daily oil
level in the engine and take care of sails. The
damage caused with the above mentioned action is
not insured and the Charterer has to pay for
damage by himself.
8. RETURNING THE YACHT ( CHECK-OUT )
The Charterer is obliged to return the yacht
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.
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
harbor-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.
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. CHARTER CANCELLATION
If the Charterer cancels the charter for any
reason he can ( if previously agreed with
Charteree) transfer his rights and commitments
to other Charterer.
If the Charterer is not able to find another
Charterer, 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. |
