CHARTER FEE AND PAYMENT
Charter fee includes: yacht dues for its usage in the period
of time stated in the contract. Charter fee does not include:
petrol expenses, tourist taxes and a mooring place out of
domicile marina.The yacht shall be given at charterer's disposal
clean, in working order and with full fuel and water reservoirs,
and in the same conditions should be returned. The chartered
yacht with complete equipment can be used only after the payment
was regularly settled:
- 50% of the charter fee upon signing the contract
- 50% of the charter fee latest four weeks before commencement
of the charter.
DEPOSIT
The security deposit has to be deposited in starting marina
by the Charterer when taking over the yacht in cash, cheque
or credit card. The security deposit shall be refunded in
its full amount unless the existence of damage or a defect
on the yacht or the equipment is found during the returning
of the yacht.
In case of loss or damage on the equipment, particular parts
of the yacht or the yacht itself, Charteree shall retain the
amount (a part or the whole deposit), which corresponds to
the value of repair, acquisition and / or purchasing the equipment
or particular part of the yacht.
In case the caused damage has the consequence that the yacht
cannot be further chartered, Charteree has the right to retain
the amount corresponding to the loss of profit.
CHARTEREE OBLIGATION
The Charteree is obligated to deliver to the Charterer a completly
clean and dry yacht in a seaworthy conditions with full fuel
and water tanks in the agreed time and place.
If there is any reason that Charteree didnot fulfill above
mentioned conditions, the Charterer has the right to ask for
a money refund, for the days he has not been using the yacht.
Also if the Charteree cannot place the yacht at disposal at
the agreed place 24 hours after the expiry of the time period
for the takeover, or provide another yacht, similar or with
better characteristics, the Charterer has the right to give
up the contract and demand the total amount of the charter
fee or demand amount for as many days as he did not have the
yacht at his disposal.The charterer could demand only the
amount of the charter fee, any other rights to indemnification
are excluded.
In case of damage or defect on the yacht or its equipment
caused by the normal natural yacht consumption the Charterer
is obligated to inform the Charteree immediately. The Charteree
is obligated to remove the damage upon notification.
If the Charteree removes the damage within 24 (twenty-four)
hours, the Charterer has no right to require any reimbursement.
TAKE OVER AND HAND OVER OF THE YACHT
The Charterer will take over the yacht in agreed time and
place. When taking over the yacht, the Charterer is obliged
to check the condition of the yacht and its equipment according
to the inventory list.
Any possible objections have to be made until the start of
navigation.The Charteree reserve the right not to hand over
the yacht if the Charterer is not competent for any reason
to operate the yacht.
On hand-over inventory quoted on the inventory list should
be checked again to see if the yacht and the equipment are
in working order. The charterer is obliged to return the yacht
cleaned and tidied 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.
CHARTERERS OBLIGATION
After taking possession of the yacht, 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, cleaning
and all other necessities, as well as eliminating all damages
and defects, which can appear while the yacht is under charterer's
responsibility and which are not a result of normal natural
yacht consumption.
The Charterer is obliged to sail within the Croatian territorial
waters.The Charterer undertakes to respect customs and other
regulations and rules, to take care of the yacht and its equipment
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, or skipper, declares undoubtedly that he disposes
of all necessary navigational skills and that he possesses
a valid license necessary for the navigation at the open sea
and the radiophone certificate, which have to be presented
to the Charteree.
The Charterer undertakes and states that he shall not sub
charter the yacht or rented it to the third person, that he
shall not participate in regattas nor yacht races, that he
shall not use the yacht in commercial purposes, professional
or night fishing, and he shall not sail at night by unsafe
weather.
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.
In case of accident or damage the yacht or its equipment during
the trip, the Charterer is obliged to inform the Charteree
without delay. The Charterer is obliged to notify the Charteree
and the authorities in case the yacht or equipment is missing,
if the further navigation is not possible or in case yacht
was dispossessed of, or if further navigation was prohibited
by state authorities or third parties. The keeping of pets
(dogs, cats, birds and similar) on the yacht is not allowed,
unless a previous agreement was reached in that regard.
The Charterer is obliged to keep a log book, check daily oil
level in the engine and take care of the sails.
CHARTERERS LIABILITY
For the damage caused by actions and failure of the Charterer
for which Charteree is liable to the third party the Charterer
is obligated to settle the damages to Charteree in their entirety,
whether it is the case of material and / or legal expenses
that resulted from such actions and failures.
The Charterer is explicitly liable for the yacht in case any
official body confiscates it, due to inappropriate and illegal
actions undertaken during the usage of the yacht.
Charterer is obliged to pay all charges for failures made
by himself, for which the Charteree might have criminal or
financial responsibility. In 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.
INSURANCE
The insurance is determined by the conditions stipulated by
the insurance company with which the yacht is insured.The
yacht is insured against damages from third parties.Damages
covered by the insurance which are not immediately reported
to either Charteree or Insurance company,will not be acknowledged
as per insurance policy.In that case the charterer is personally
responsible for total damages as a result of not reporting
of damages. 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; Charterer must pay all
expenses caused by damage made on purpose.
The damages on the sails and on the engine caused by the oil
deficiency in the motor are not covered by insurance. Charterer
bears the charges for these damages.
CHARTER TERMINATION
If the charterer for any reason cannot start the charter the
charterer can find a other charterer by himself (with previous
acceptance of charteree). If the charterer is not able to
find another charterer, charteree shall retain:
- 30% of charter fee for termination up to 2 (two) months
before the charter starting date
- 50% of charter fee for termination up to 1 (one) month before
the charter starting date
- 100% of charter fee for termination less than one month.
If the termination is due to objective reasons (death of a
family member, heavy injury, war or other) the accepted deposit
shall not be paid back, but the charteree shall give the yacht
to the charterer at his disposal for another free period of
time or within another season.
COMPLAINTS
The complaints are being accepted only in written form upon
the yacht return and only if signed by person in charge on
behalf of Charteree.
ARBITRAGE
In case of dispute which cannot be resolved in friendly manner, shall be under court's jurisdiction in the charteree's residence.
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