General Charter Conditions

Terms and conditions (*.pdf)

The standard contract for the rental of charter boats can be also found in the attached document.

General Terms and Conditions*)
( Standard – Charter Contract  )

GENERAL TERMS AND CONDITIONS

 

1. Contractual Partner

1.1 Contractual partners are the Charter Company and the Guest – as mentioned  in the Contract. The Charter Company is the Owner of the craft or has the craft in lease for business reasons, chartered by the Guest or a person authorised by the latter.

 

2. Acceptance of the Contract and its Conditions

2.1 The Charter Company is authorised to set up this Contract and duly sign it.

2.2 The Guest confirms that he has read the Contract and that he agrees with the General Conditions of the Contract including the special characteristics of chartering a craft and with this type of sportive activity.

2.3 The Guest who takes over the duties master of the vessel must have the necessary nautical knowledge and skills and a valid license for sailing at open sea, as well as a confirmation of finished course on handling the GMDSS radio station. If the Guest does not possess the required documents, knowledge and skills, undertakes to take care of it that vessels operating exclusively traveler who has them.

2.4 If the Guest knows in advance that he will need the services of the yacht master or skipper, he will notify the Charter Company during registration.

 

3. Charter Fee

3.1 The charter fee encompasses technically qualified, clean boat(s) with a full tank of fuel, the use of the craft and its inventory. Extras and incidental expenses will be calculated separately and will not be taken into consideration in case of possible refunding of charter costs. The following items are not included in the charter fee: port charges, anchorages, fuel, gas, water and all expenditures for measures which are required for the proper operation of the craft during the trip. Obvious mistakes in calculating the charter fee or inadequacies do not justify exiting from the Contract; rather, corrections may be duly undertaken, based on the current list of fees and the current contractual conditions of the Charter Company. Irregularities in equipment or gear (non-correspondence with inventory or equipment lists supplied to Guest) do not authorise the Guest to make any deductions – provided safety and operation of the craft as such and functioning equipment are guaranteed.

3.2 The charter fee must be paid in accordance with the Charter Company deadlines for each booking listed on each individual booking confirmation issued by Charter Company with agreed booking system.

 

4. Journey to Location of Craft Check-in

4.1 The journey to the location is not part of the Contract. If the start of the journey is delayed because the Guest or a member of the crew arrives late, there shall be no refunding of costs. Charterer and crew are aware of the fact that they are leasing an “instrument” to exercise boating and that the terms agreed on differ from laws and regulations governing the tourist sector.

 

5. Check-in to the place of embarkation

5.1 Charter Company shall organize to Guest accommodation in a technically qualified, fully equipped vessel with a full tank of fuel, which also has to be clean, tidy and ready to sail with all neccessery documentation.

5.2 During taking over the vessel, the Guest must make a thorough search of the vessel. By signing the check-in list warrants existing condition and the equipment, including the underwater part of the vessel.

5.3.The Guest is required to pass at the Charter Company the mandatory amount of money on behalf of the deposit  to ensure any possible losses or damages that may occur during the Guest stay on board The deposit must be paid in cash, by credit card which is used for pre-authorization or by deposit insurance. The amount of the deposit determines Charter Company with the existing pricelist.

 

6. Check-in of the Craft (Check-in procedure)

6.1 The Charter Company  is obliged to properly instruct the Guest or the person nominated by him (Skipper) about all technical details concerning gear and equipment, using a check-in list (inventory-list). Trial trip may also be effected. By signing the check-in list the Guest/Skipper confirms that he has taken over the craft in good condition, clean, with full tanks and fully functioning gear and equipment. Possible defects, damages or missing parts of gear and/or equipment must be laid down in writing on the Check-in list which must be signed by Charter Company and Guest.

6.2 The Charter Company  may refuse check-in if safety standards do not comply with national rules and regulations or if hull, bonding deck to hull, rig, sail or steering gear are damaged to such an extent that safety of both ship and crew can no longer be guaranteed. In this case article 7.2 or 7.3 out of this General conditions comes to bear by agreement of the parties.

6.3 The Charter Company may refuse to hand over the craft if

  • the fee has not been fully paid
  • deposit has not been made or replaced by an deposit insurance
  • necessary documents are missing or insufficient (no license or a license not valid for the chartered craft, etc.)
  • during the process of check-in or during a trial trip it turns out that the Skipper does not have the required qualification for this job.

6.4 In the latter case or if there are licensing problems, the journey may be started with another Skipper, expenses paid by the Guest.

6.5 Defects, incorrect readings of instruments and other shortcomings of equipment and instruments do not constitute a reason for Guest to refuse boarding, interrupt navigation or submit a request for compensation – provided that in addition to the classical methods of navigation  and that safety of the vessel and crew with a good operation of the boat is not compromised. In this case the Guest is not entitled to compensation.

 

7. Delayed Check-in Procedure

7.1 Embarkment is determined by each individual Booking Confirmation  and  Boarding Pass for a vessel  which provides Charter Company, and Guest should have during it during check-in.

7.2 If  the Charter Company may not deliver the contracted vessel in the contracted place, Charter company has a time limit of 24 hours to ensure the Guest adequate replacement (which means a vessel similar in size, equipment and instruments). If the Guest agrees to a replacement vessel is not entitled to other compensation. In the event that the Guest decided to wait replacement boat out subsequently agreed period of 24 h Charter Company will bear the cost of accommodation for the number of days he was late boarding.

7.3 If it is an established fact before the start of the trip that neither craft nor replacement will be available on the agreed date, the Charter Company shall be obliged to inform the Guest as soon as the former knows the facts. In this case both parties may withdraw from the Contract before the assumed start of the trip. Payments made by the Guest will be refunded as above. No further claims may be raised.

7.4 In the event that the Guest, without notice, do not board the vessel within 24 hours of the agreed time of loading, Charter Company is authorized to unilaterally terminate the contract, and the Guest has no right to make any claims to the Charter Company.

 

8. Guest´s Exiting from the Contract

8.1 If the Guest for any reason withdraws from the Contract (Charter), must immediately inform the Charter company and both parties can find a third party to take over the rights and liabilities.

8.2 If Charter Company managess to find a third party that will replacenthe Guest cancellation costs shall be charged as follows:

– 100% of the total rental price if the cancellation is made within 7 days to the charter date.

– 50% of the total rental price if the cancellation is made up to a month prior to the rental date

– 20% of the total rental price if the cancellation is made more than a month before the start of the lease.

 

8.3 If Guest managess to find a third party that will replace him cancellation costs shall be charged as follows:

– 100% of the total rental price if the cancellation is made within 7 days to the charter date.

– 50% of the total rental price if the cancellation is made up from 7 days to a month prior to the rental date

– 0% of the total rental price if the cancellation is made more than a month before the start of the lease.

 

8.4 If Guest doesn’t manage to find a third party that will replace him cancellation costs shall be charged as follows:

– 100% of the total rental price if the cancellation is made within 7 days to the charter date.

– 50% of the total rental price if the cancellation is made up from 7 days to a month prior to the rental date

– 20% of the total rental price if the cancellation is made more than a month before the start of the lease.

 

8.5 In the case of calculating cancellation charges, Charter company will retain paid funds in the amounts laid in previous article and is obligated  to issue an invoice.  Guests are advised to contract an insurance policy in case of cancellation.

8.6 Period (time) of the underlying contract (charter) can be changed only in agreement with the Charter company and according to available resources. If necessary changes to the rental period laid confirmation Charter company is obliged to issue a new booking confirmation. Payments that are paid and related to the Booking Confirmation that is changed, will switch to a new Booking Confirmation with following

– 100% of the paid rental price if the change was made more than a month before the start of the rental date

– 50% of the paid rental price if the change is made up from 7 days to a month prior to the rental date

– 0% paid rental price if the changes made up to 7 days prior to the rental date.

 

9. Insurance and Deposit

9.1 The chartered boat/yacht is insured against third party damage, fire, lightning, explosion, theft or robbery or damage caused by natural disasters, marine and collision risks, and against any loss or damage except equipment expressed in this contract. The insurance premium for the craft chartered is included in the charter price.

9.2 The financial liability of the Guest for loss or damage caused by him or a crewmember is limited  with the agreed deposit. Agreed deposit can also be insured by the insurance company. Deposit insurance is separately charged as extra costs.

9.3 Exceptions not covered by deposit are mentioned in this contract.

  1. Dinghy, outboard engine, sails ans windows damages are not included. Every loss or damage will be payed in base on the check out.
  2. In case of blocked toilet or waste tank, Guest will pay 150€ in base
  3. If Guest does not fill up missing fuel himself, he will pay 4€/1L in the base on check-out.
  4. Every boat inventory loss will be charged in the base.
  5. Damages incurred directly or indirectly due to contraband of any kind, illegal passageof state border by the Guest and/or persons aboard, illegal trade, poaching , prohibited navigation and similar and also seizure and blockage arising thereof.
  6. Damages incurred when the Guest operates the boat without proper authorization.
  7. The insurance does not cover accidents of crew members, losses or damage to their personal belongings. We recommend taking up a special insurance for this purpose.

9.4 If the insurance comes to bear in case of damage, terms state that the damage had not been caused deliberately or by gross negligence or that the Guest /Skipper did not set a behavior, which release the insurer to fulfill its contractual obligation

9.5 It is expressly stipulated that in case of gross negligence or deliberate act the liability of the Guest is not limited by the deposit. The Guest may be forced to pay the full sum of the damage in base on check-out.

 

 

10. Use of the Craft, Obligations, Damages

10.1 The Guest/Skipper agrees to navigate the craft with special consideration of good seamanship and careful observation of all legal regulations and provisions as applicable in all the countries visited.

10.2 The Guest or the Skipper nominated by the Guest are committed

  • not to accept more than the maximum number of persons permitted on board and to inform the Charter Company about any changes in the crew
  • not to allow the craft to be used for transporting passengers nor for commercial fishing nor for any other gainful activity
  • not to take part in races without the express agreement of the Charter Company and not to recharter the craft
  • not to use the craft for towing other crafts or to be towed or rescued by other crafts except in cases of emergency; should such an emergency arise, orders have to come from the Charter Company (or a person authorised by him). Should this not be possible, the Skipper has to establish contact with the skipper of the other vessel and come to an agreement about costs of towing or other rescue operations before help is accepted.
  • to write a logbook in which the following items have to be recorded in chronological order: course, maneuvres, logs, proper handling of sails/engine, positions, checks, maintenance and repairs, important events or observations (accidents)
  • no to let the engine run if the craft sails in a sloping position and to use the engine only as long as it is necessary; sails should be adapted to the rig and to the existing wind forces
  • to leave a protected harbour only if the principles of good seamanship and wheather conditions allow this
  • to leave unsafe anchorage places or moorings if the weather forecast, the existing weather conditions or the foreseeable development makes it necessary.
  • to take care that while the craft is anchored or moored danger to the craft has to be recognisable at all times, thus allowing measures to be taken to avoid danger.

10.3 If there is damage on the craft due to material wear Charter Company will try to eliminate damage in period of 24 h or will give the Guest/Skipper instruction to repair or to arrange a replacement of the  damaged parts. If Charter Company can’t be reached, Guest or Skipper are authorised to organise repair or replacement – provided the amount does not exceed 100 Euros. This sum will be refunded at the end of the journey after submitting the bill except if the damage is due to incorrect operation of the craft, faulty or negligent handling by Guest/Skipper or the crew. Parts that had to be exchanged are not to be disposed of.

10.4 If the craft has to stay in port because of repairs, the Guest is not entitled to raise any claims if the delay does not exceed 24 h. Otherwise the Guest has to be reimbursed on a pro-rata basis. There are no further claims to be raised.

10.5 In case of major sea damage or accident, possible delay or loss of maneuverability of the craft, the Charter Company has to be informed at once. The Guest/Skipper has to undertake everything in his power to reduce the effects as well as to avoid consequential damage (for instance breakdown, etc.).  In concerted agreement the Charter Company, the Guest/Skipper has to organise the necessary repair work, to document all the facts, to monitor the repair work and to negotiate price and payment. Moreover, the Guest/Skipper is obliged to keep a record of the details of the damage and – provided there are claims of third parties – to have all the data confirmed by the relevant authorities. The Guest/Skipper may be obliged to pay for the entire costs if the aforementioned conditions are not properly adhered to. The Guest/Skipper is fully liable for all direct and consequential costs such as confiscation of the craft if it is within the scope of responsibility of the Guest/Skipper or members of the crew.

10.6 If there is reason to assume that the craft is damaged in the part under water, the craft has to be navigated to the nearest port where the services of a diver must be engaged, the supply of a crane organised or a slip up arranged. The costs have to be borne by the Guest.

10.7 Theft of the craft or of part of the gear or equipment has to be reported to the nearest police precinct

10.8 Animals may be taken aboard only with the express permission of the Charter Company.

 

11. Check-out

11.1 The Guest has to return to the base at the time stipulated in the base at check-in or to inform the Charter Company about any change. The agreed schedule also has to take inclemencies of the weather or other adverse circumstances into consideration. If the Guest is unable to return the craft himself, he has to inform the Charter Company and make arrangements to have the craft returned by another person at the Guest´s cost and risk. Until the check-out the Guest has to leave a qualified person on board. If the Guest does not comply with this provision, he has to satisfy all financial claims resulting from this negligence and breach of Contract. The financial obligation is not limited with the agreed deposit. The Charter Contract has not been fulfilled entirely until the craft is returned in the condition as stipulated in the Contract.

11.2 Any day of delay in returning the craft will ensue compensation payment amounting to the double of the daily Charter fee. Calculation is based on the items contained in the current price list of the Charter Company. (Discounts granted or other special conditions such as early booking or a bonus for a “regular” Guest cannot be taken into consideration when calculating the fine due for late return).

11.3 The Guest  has to return the craft to the Charter Company at the date and hour agreed on the latest. Until this point in time the entire crew has to have left the craft including baggage. Time for cleaning and check-out including inspection by the Charter Company is part of the agreed time schedule laid down in the Contract.

11.4 At the check-out any part of the equipment or gear lost or damaged has to be recorded in detail and paid for. The amount may be deducted from the deposit. The Charter Company also has to be informed about groundings and possible defects.

11.5 If craft and equipment are in good condition, clean, complete and with a full tank, the deposit will be returned to the Guest. The proper condition of the craft at check-out  has to be confirmed and signed jointly by Charter Comapny and the Guest.

11.6 The final cleanup is included in the the charter fee. It implies that the Guest  has to hand over the craft clean and tidy (including kitchenware). If this is not the case, the Charter Company may collect a special amount for the extra cleaning required.

11.7 If repairs are necessary, the Guest  has to contact the Charter Company and agree on an earlier return of the craft so that work can be done in good time for the next charter to start. If the damage is within the Charter Company´s responsibility, fees covering the loss (day(s) will be reimbursed to the Guest. Any additional claims by the Guest (cost of overnight stays, etc.) are excluded (see also item 10.3). If the damage is caused by the Guest, no compensation for lost time during the trip will be disbursed.

11.8 For damages in an amount of repair exceeds the amount of the deposit, Charter company will retain the entire deposit and issue the Guest appropriate invoice.

11.9If damage or loss are a case for the insurance company, return of the deposit or parts thereof will be delayed until payment from the insurance has arrived. Deposit will be handed back to the Guest after deducting the retainer and all costs incurred by repairing the damage which are not covered by the insurance. The deposit may also be withheld if the repair costs or other expenditures to be paid from the deposit cannot be calculated exactly at the time of the craft check-out.

 

11.10 Any claims for damages raised by the Guest against the Charter Company  must be put down in writing in period of 7 days after check-out of the craft and contain pertinent explanations. Claims raised later cannot be considered.

 

12. Restrictions Ordered by the Charter Company

12.1 The Charter Company  reserves the right to limit the range of the craft either based on the vessel´s category or if conditions for navigation are unsafe or otherwise unusual. A ban on navigating the craft at night may also be pronounced by the Charter Company. The responsibility for ignoring such restrictions is exclusively with the Guest/Skipper.

 

13. Liability and Place of Jurisdiction

13.1 All disputes between Guest and Charter Company  have to be settled directly between these two. If arbitration or court proceedings are required, the place of jurisdiction is at the location of the Charter Company’s Head Office. For any disputes between the Guest and the Charter Company, Croatian Law shall apply. If it is a case for the Courts, the place of jurisdiction will be the location of Charter Company’s Head Offices.

 

14. Liability of the Agency

14.1 The Agency acts as the intermediary between Guest and Charter Company. His liability does not exceed his specified tasks or responsibilities as laid down.

14.2 If parts of the Contract are null and void or invalid, the other parts retain their validity. The signers reserve the right to correct mistakes, misprints or errors in calculating.

14.3 Any agreements not contained in the Contract, oral promises or changes have to be confirmed in writing.

14.4 By signing the document, the Guest affirms that he has read the General Terms and Conditions and agrees to the content.

……………………………………….
Signature of Charterer
*This Yacht Standard Contract was drafted by the VoeV and checked by the Chamber of Commerce.The conditions are not binding. Any company dealing in chartering is free to use it in full or in part. In case of doubt the English version is the original one.