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1. Charter price
The price includes charter of a yacht with its equipment. Harbor dues, taxes
and fuel costs are not included in the price.
2. Payment conditions
The chartered yachts with complete equipment can be used only after the payment
was regularly settled (50% upon booking, the rest 4 weeks before commencement
of the charter).
3. Conditions of cancellation
If the charterer for any reason gives up the charter, he can, if previously
agreed, with the owner, cede his rights and duties to another person. If
he fails, the costs of cancellation shall be reimbursed from advance-money
and that:
30% of the charter price for cancellation up to 2 months before
commencement of the charter.
50% of the charter price for cancellation up to 1 month before commencement
of the charter.
100% of the charter price for cancellation within the last month before commencement
of the charter.
If
cancellation is due to objective reasons (death of family member, heavy
injury, war or other) the accepted deposit shall not be paid back, but
the owner shall give the yacht to the charterer at his disposal for another
free period of time or within another season.
4. Takeover of yacht
The owner will put at charterer's disposal only completely equipped yachts
with full fuel tanks and in faultless conditions and expects the yachts
to be returned in the same condition. The yachts are put at charterer's
disposal at the appointed time, from 5 p.m. to 9. p.m., at the appointed
place. If the charterer fails to takeover the yacht within this 48 hours,
the owner is authorized to give up the contract. If the owner is not in
position to place the yacht at the appointed place 24 hours after the end
of the term, or provide another, at least identical or better one, the
charterer has right to give up the contract and get the charter money reimbursed.
The owner could reimburse only the amount of the charter, any other compensation
possibility is excluded.
When taking over the yacht, the charterer is obliged
to check and carefully examine the condition of the yacht and equipment according
to the inventory list. The possible covered defects on the yacht
or its equipment which couldn't be known to the owner 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 price.
If
the further cruise is for any reason not possible or the overdue of
the disembarkation is unavoidable, the base manager must be informed
in order to give further instructions. The charterer bears all the
charges of the owner that result from the overdue caused by bad weather.
Therefore, the careful planning of a route is recommended.
Return
in the evenings hours of a day before check out is obliged. Any exception
is possible only if previously agreed with owner. The owner reserve
the right not to hand over the yacht if in the judgment of their
representatives the charterer is not competent for any reason to
operate the yacht, or to give the instructions the charterer's expense.
5.
Caution money
When takeover the yacht, a caution money is to be deposited according to
a valid price list. If the charterer returns the yacht in good condition
and in the fixed time, the caution money will be returned with no deductions.
The caution money is to be deposited also in case when the charterer charters
a yachts together with a skipper. In case of personal negligence and/or
loss of one or more equipment items, the charterer bears all the costs.
6. Insurance
The yacht is insured against the third person damages and fully insured for
all the damages resulting from force majeure up to the registered amount
of the value of the yachts for the risks according to the insurance policy.
If damage occurs during the cruise and client is not to be charged (due
to normal exhaustion or in case of overdraft of the guarantee sum) he must
receive permission (instruction) from the owner or base manager for an
adequate repair.
In case of some bigger averages, as well as of those where
the other boats are involved, the charterer is obliged to report the case
to the authorized harbor-master's office and record in a protocol (the
course of events, estimation of a damage) for an insurance company.
The charterer is also obliged to report the owner's office. If the
charterer does not fulfill his obligations, he can be in full charged
for the costs of damage. The damages on the sails are not covered
by insurance and the charterer bears the charges for these damages.
The same case is with the damages on the engine caused by the lack
of oil. The charterer is obliged to check the oil in the engine every
day. The personal belongings are not covered by the insurance and
it is recommended to the charterer to do it himself. The crew is
covered by insurance.
7. Charterer's obligations
The charterer is obliged to sail within the Croatian territorial waters.
The charterer is obliged to ask the owner a special permission and certificate
for leaving Croatian territorial water. The charterer is not allowed to
subcharter the yacht or relet it to the third person, to sail at night
by unsafe weather conditions, and to violate the public rules, orders and
laws. 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.
The charterer or skipper declares undoubtedly that he disposes
of all necessary navigational skills and that he possesses the valid
license necessary for the navigation at the open sea and the radio-phony
certificate, which have to be presented. In case of the yacht or
its equipment damage, the charterer is obliged to inform the owner
immediately using one of the few telephone numbers written in the
document aboard. The owner is obliged to remove the damage upon notification.
If the owner removes the damage within 24 hours, the client has no
right to require any reimbursement. The telephone numbers which can
be used for notifying the owner are shown in the yacht documents.
The client is obliged to notify the authorities and the owner in case the
yacht or equipment is missing, if the further navigation is not possible
or in case yachts was dispossessed of, prized or if further navigation
was prohibited by state authorities or third parties. If the client fails
to hold on his obligations he is considered fully responsible for all the
consequences for the owner and he guarantees for them.
8. Complaints
Only written complaints, signed by both parties on the occasion of return
of the yacht will be taken into consideration.
9. Arbitration
All the possible disagreements or disputes that cannot be settled peacefully,
will be under the jurisdiction of the owner's court in Zadar.
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