1. INTRODUCTORY REMARKS
The Agreement on Accommodation aboard the Vessel shall enter into force once the fee for the accommodation aboard the vessel is paid in full. Everything published in our programme represents a legal obligation for both us and you, and constitutes an integral part of the Agreement. These Terms and Conditions shall be the sole basis for the resolution of any disputes that arise between us. Therefore we ask you to read them carefully.
2. BOOKING AND PAYMENT
You can book the vessel by e-mail, phone, fax or directly. Chartered vessels with control equipment may be used only once the payment has been duly effected (50 % when booking, and the rest no later than four weeks prior to the commencement of the charter period). The Charterer shall submit to the Owner the list of the names and addresses of the crew members four weeks prior to the commencement of the charter period. If the entire amount is not paid within the deadline set out in the Agreement, the Agreement shall be terminated, and the Owner shall reserve the right to keep the amount already paid. In case of impossibility of signing the contract, by advance payment made by a lessee this contract shall be considered concluded and both parties to the contract accept by it the contractual provisions as well as general charter conditions.
In case if a lessee is not also the user of a charter, he will be under obligation to inform the end user on general charter conditions, otherwise he will be liable for any and all claims of the ship owner towards the end user which will not be collectible.
When a lessee is not also the end user of a charter, rights and obligations of a lessee referred to below refer to the end user of a charter.
3. CHARTER FEE
The charter fee includes the fee for a vessel equipped according to the official price list and inventory list of AVS. The charter fee does not include other costs, such as food, fuel or berthing charges. The vessel shall be handed over to the Charterer with full water and fuel tanks, in working condition and clean; it must be redelivered in the same condition.
4. CHARTER CANCELLATION
If the Charterer is unable to commence with the vessel charter for any reason, he shall be free to find a person to take over his rights and obligations with the owner’s consent. If the Charterer fails to find a replacement, the Owner shall keep the following: 30 % of the charter fee if the charter is cancelled at least two months prior to the commencement of the charter period; 50 % of the charter fee if the charter is cancelled no later than four weeks prior to the commencement of the charter period; 100 % of the charter fee if the charter is cancelled less than four weeks prior to the commencement of the charter period. Deviations equipment of vessels of the list of equipment or inventory does not give the tenant the right to a price reduction, if the vessel are all for safety and navigation are essential parts of the equipment.
5. SECURITY DEPOSIT
The security deposit shall be paid (the amount is set out in the price list for each vessel) in cash or by credit card upon the delivery of the vessel. The entire amount of the security deposit shall be redelivered following the vessel check-out at the agreed place and time, with the accompanying equipment, and if the vessel is undamaged. In case of loss of or damage to the equipment, individual parts of the vessel or theft of the vessel itself, the Owner shall keep a certain portion or the entire security deposit corresponding to the amount for the procurement of the lost or damaged equipment or for the repair of that individual part of the vessel. The Charterer shall check the oil level in the engine daily. Any damage caused by insufficient oil in the engine shall not be covered by the insurance. The lessee may insure the paid caution money and the lessor recommends to conclude such a type of insurance.
The caution money is deposited also in case when there is rendered the service of accommodation together with the skipper.
Each vessel has casco and compulsory insurance for passengers. The vessel insurance is defined in the terms and conditions laid down by the insurer that insures the vessel. Any damage normally covered by the insurance policy, but not notified to the insurer immediately, shall not be recognised. In that case, the Charterer shall be personally responsible for the damage due to failure to notify the damage. If the vessel is damaged, the Charterer shall bear the costs incurred for its repair, not exceeding the amount of the security deposit. The costs of repairs exceeding the amount of the security deposit shall be borne by the insurance company. In case of gross negligence or failure to notify damage, the Charterer shall bear all costs. The personal property of the skipper and crew members is not insured, therefore insurance is recommended in a personal arrangement. Personal property is not insured.
7. VESSEL DELIVERY AND REDELIVERY
check-in: SATURDAY from 17:30 h
check-out: SATURDAY until 9:00 h
Only fully equipped vessels, filled with fuel and in working order shall be delivered; the vessel must be in the same condition when it is redelivered. The vessel delivery shall be carried out no later than at 17:30 on the designated day, provided that the vessel is in working condition; the vessel shall be redelivered no later than at 9:00, in accordance with the Agreement on Accommodation aboard the Vessel. Any hidden deficiencies of the vessel or its equipment that could not have been known to the Owner at the time of the check-in, as well as any deficiencies that might be discovered after the delivery shall not entitle the Charterer to a reduction of the charter fee. If further use of the vessel is not possible for any reason whatsoever, or if exceeding the charter period cannot be avoided, the base manager must be contacted for further instructions. If the charter period is exceeded due to inclement weather, the Charterer shall bear all costs arising from such a situation for the Owner. Therefore the Charterer is advised to plan a safe route. The Charterer shall redeliver the vessel in the agreed place and at the agreed time. If he fails to redeliver the vessel on time, the Charterer guarantees that he will pay the amount of the daily charter fee for each delay of up to three hours, and a triple amount of the daily charter fee for each delay of over three hours, plus costs incurred by the Owner due to the delay in redelivery of the vessel. The delay can be justified only in a case of force majeure, and the Charterer must notify the Owner thereof without delay. The costs accrued with reference to the mentioned before (costs of returning the vessel, travel costs for next charter guests etc.) shall be borne by the lessee.
8. THE OWNER’S OBLIGATIONS
The Owner is obliged to deliver the vessel at the agreed place and time in working condition. If the Owner is unable to make available the booked vessel, he may prepare another vessel, which is at least equivalent or better, at the price of the booked vessel, or a smaller vessel along with a refund of the difference in the prices, including any reimbursements for the accommodation for the duration of the time spent waiting for the vessel, not exceeding the amount of the agreed charter fee for the same period. If a suitable vessel is not offered to the client after 24 hours, the client may terminate the vessel charter agreement, upon which the Owner shall refund the full amount already paid. In case of a major malfunction of the vessel, the Owner shall remedy that malfunction as soon as possible. For the duration of the time that the Owner spends remedying the malfunction of the vessel, the Owner shall cover the costs of the vessel (berthing), except where the Charterer uses the vessel concerned as accommodation during the repairs. In that case, the Owner is not obliged to refund a certain amount already paid due to the inability to sail. Any other indemnification rights shall be excluded. If it is not possible to remedy the malfunction, the Owner shall make available to the Charterer another vessel with similar or better characteristics. If the Owner is unable to make available the contracted vessel or another vessel with similar or better characteristics, the Charterer may withdraw from the Agreement and request a refund of the entire amount already paid.
9. THE CHARTERER’S OBLIGATIONS AND RESPONSIBILITIES
The vessel users are advised to handle the vessel carefully and follow all the rules. The lessee undertakes not to steer the vessel under the influence of alcohol or drugs.
The Charterer must check the condition of the vessel and equipment according to the received inventory list, which he must sign following the inspection of the vessel during the delivery. All comments must be submitted prior to the use of the accommodation service. All deficiencies and malfunctions of the vessel and/or equipment that are not noticed by the Principal during the delivery shall not entitle the Charterer to request a reduction of the fee for the accommodation aboard the vessel. Pets (dogs, cats, birds etc.) may not be kept on the vessel unless agreed otherwise in advance. The Charterer shall remove all waste from the vessel before redelivering the vessel. The lessee is under obligation to return the vessel with emptied human waste tank, which he will make at the nearest 2NM from the coast, otherwise he will bear the costs of emptying the same. Any damages and cleaning of spots on the vessel caused by sunscreen shall be paid from the security deposit. The Charterer must possess an appropriate vessel operator’s license. If the Owner finds that the vessel manager does not possess the necessary knowledge and skills, he may acquire the necessary knowledge by hiring a skipper; alternatively, the base manager will assign a skipper to the Charterer for the duration of the entire charter period for an additional charge. If the Charterer does not wish to perform the role of the vessel manager himself, he shall appoint a manager prior to the commencement of the charter period. The vessel manager shall then share the liability in relation to the Owner. The Charterer shall be liable for all consequences connected with letting the vessel be managed by unauthorised persons. The Charterer shall not sub-charter the vessel, lend it to another person or use it for commercial purposes or professional fishing. The Charterer shall sail by night only in safe weather conditions, refrain from sailing outside the territorial waters of the Republic of Croatia, and respect all customs and other regulations. The Charterer shall duly keep the vessel’s log, and handle the vessel, inventory and equipment with care. The Charterer shall check the oil and water levels in the engine daily. Any damage caused by insufficient oil and water in the engine is not insured, and the costs thereof shall be borne by the Charterer. In case of a large-scale damage, as well as where other vessels are involved, the situation shall be notified to the competent port authority, and an accident report (signed by both parties) for the insurance company shall be created. Furthermore, the Owner shall be notified of the situation. If the Charterer fails to follow the above instructions, he shall bear the costs of the damage incurred. By signing the check-in list, the Charterer confirms the delivery of the vessel whose condition both above and below the waterline corresponds to that recorded in the check-in list. The Charterer shall indemnify the charter company in full, but not exceeding the amount of the security deposit, for any actions or failure to act by the Charterer for which the charter company is liable to a third party. The Charterer shall be liable for the vessel if it is seized by any official body due to inappropriate or illegal actions while used for the duration of the Agreement.
10. REGULATION OF DAMAGE
In case of an average or accident there shall be made detailed report certified by the port captain and police. In addition, the lessor and head of the base should be immediately informed about that. The same procedure should be followed also in case if there is impossible to maneuver and in case of theft.
Nonobservation of provisions and penalty, if any, shall be borne by the lessee in the whole.
In case if a vessel would touch the bottom, the head of a base should be immediately informed on that, who will check whether the keel and hull are in faultless condition.
Repair of the damage, loss of equipment, loss of propeller, crane costs, damage to engine or sails caused by the fault of the lessee shall be paid from the deposited caution money.
The lessee is responsible for damage because of improper handling the vessel and its equipment.
In order to avoid the loss of charter, for costs that can not be calculated immediately or breakdowns that can be repaired later, the lessor will take the estimated amount from the caution money of the lessee, of which the precise calculation should be given within the reasonable period of time.
If the vessel would be damaged because of gross negligence of a skipper, he will be liable for the damage and consequences of that damage, particularly for the loss of following weeks of a charter.
In the case of damage caused by the fault of lessee or skipper, the same may, because of impossibility of navigation, charter the other vessel according to the valid price list with payment of renewed caution money.
The lessor will repair the trouble on the vessel, which makes impossible further navigation, within the shortest possible time (mostly within 24 hours) with full cooperation of the lessee and in case if the lessee is not directly responsible for the mentioned trouble.
If the lessor will not be able to repair the trouble within the mentioned period of time, he will try to find for the lessee the adequate replacement.
If the lessee agrees to the same, he will not be entitled to any further compensations.
Claims, if any, resulting from the charter of a vessel should be sent in writing to the lessor 14 days upon end of charter at the latest.
The Owner shall recognise only those complaints which are submitted in writing during the redelivery of the vessel, and signed by the Charterer and Owner. Compensation claims are limited to the maximum amount of the contracted charter price. All other claims are excluded.
The parties shall endeavour to resolve any misunderstanding or dispute amicably. If they are unable to resolve it amicably, the court with territorial jurisdiction where the Owner has his registered office shall have jurisdiction, subject to the laws of the Republic of Croatia. Any special annexes shall be done in writing. If any of the provisions of the Agreement on Accommodation aboard the Vessel is invalid or controversial, that shall not affect the validity of the other provisions of the Agreement. In such a case, instead of the invalid or controversial provision, the parties shall mutually agree on a provision as they would have done had the invalidity, unenforceability or controversial nature of the provision been known to them at the moment of the conclusion of the Agreement.