Bareboat and skippered bareboat yacht charter Croatia
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 to charteree’s account:
- 50% of the charter fee latest 5 (five) days upon signing
the contract
- 50% of the charter fee latest 4 (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 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, at least similar or with
better characteristics, the Charterer has the right to give up
the contract and demand the total amount of the charter fee 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 possible covered defects on the yacht or its
equipment, which couldn t be known to the Charterer 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 fee. The Charteree reserve the right not to hand over
the yacht if the Charterer is not competent for any reason to
operate the yacht or to allocate a skipper to the yacht and
charge for it.
If the Charterer fails to takeover
the yacht within 48 hours, the Charteree is authorized to give
up the contract.
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 and 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 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.