General Charter Terms <>
Pecumedia GmbH, Charter Agency
Trautenwolfstr.5, D-80802 Munich, and Charterpartner are all registered
names referring to the selfsame sailing charter company.
All claims are subject between the contract partners.
Further agreements are valid in this contract only if they are written and
1. This contract regularize relationship between:
Astarea d.o.o., Osječka 62, Split, Croatia, OIB: 92329731442, Vat Nr. HR92329731442
in further called ACO
and the Charterer
in further text called customer or charterer
1. ACO is a charter firm registered in Croatia for charter a boats,charter managments and boat services
2. CONTRACT CONSTITUTION
By paying for one of the programs with ACO customers are entering into a binding contract. Every published in ACC programs is obligatory to ACC and you and forms legal obligation and constitutive part of the contract.
The contract becomes valid at arrival of 50% of the agreed charter-sum at reservation
and the rest arriving at latest 4 weeks before rental date.
If the first payment (50%) of the charter-fee does not arrive until 7 days after reservation, the charter-company can cancel the contract without further notice and charter the boat to someone else.
3. BOOKING AND PAYMENT
The rented yacht,with its complete equipment can be boarded only after the payment conditions have been fulfilled. The customer must also send to agent a list of the names of crew members with their addresses 4 weeks before renting date.
The rental price includes the fee for rental of the yachts and laundry. The rental fees does not include fuel expenses and end cleaning fees. The yacht is handed over to customer with a full tank of water and fuel, in clean and good shape with all equipment for charter.
To insure the yacht and her equipment against fire, marine and collision risks and third party damage and against any and all loss or damage in excess of 1.000 EUR for yachts till 40 ft and 1.500 EUR for yachts 40 ft and more, the Charterer shall therefore be relived of any and all liability which is covered by the said Policy, provided that such loss or damage is not caused or contributed to by any act of gross negligence or willful default on his part. Should the Owner fail or elect not to effect such insurance he shall assume the same responsibilities as if the Yacht were so insured, but he shall not be under any liability for the loss or damage to the personal property of or for any injury to the Charterer or any person on board with his permission.
6. DELAYED DELIVERY
To employ every reasonable effort to ensure delivery of the Yacht on the date
and the place as agreed if for any cause whatsoever the Yacht shall not be
available, the Charterer shall have the right of choice of ones of following
a) provided that the following charter commitment of the Yacht allows it and that the Owner agrees, to prolong the period of charter by the same lenght of time by which delivery has been delayed.
b) to leave the date of charter unchanged as agreed and to be refunded by Owner with an amount proportional to the time by which delivery was delayed at the rate corresponding to the total charter fees .
Only in case that check in time is late more then 18 ours, the Charterer has right to refound money for one day.
7. RETURN OF THE YACHT AND DELAYS
The Charterer agrees:
a) To redeliver the Yacht to the Owner ,cleaned –up ,together with all her
equipment ,in the same good condition as she was at take over, at the time
as agreed, but unless the Yacht has become total loss, if he shall for any
reason fail to deliver the Yacht at aforesaid date and time, to pay to the
Owner demurrage at the rate of charter price per day of this Agreemant increased
by fifty percent (50%) for every day of fractional part of a day thereafter
until delivery has been effected. If he leaves the Yacht at any place other
than place designated in this Clause, to pay to the Owner all expences involved
in transferring the Yacht to the place of redelivery and pro-rata demurrage
as above for the number of days required for this transfer, as well as for
any loos or damage not covered by insurance policy, which may occur on or to
the Yacht until she has been taken over again by the Owner.
b) To leave deposit and as guaranty with the Owner on taking over the Yacht the amount of 1.000 EUR for yacht until 40 ft,and 1.500 EUR for yacht 40 ft and more to meet in whole or in part any claim by the Owner in respect of any loos or damage to the Yacht and / or her equipment not recoverable under the policy of insurance .The aforesaid deposit shall be refunded to the Charterer, subject to the provisions above, after inspection of the Yacht, her gear and her inventory by the Owner and diver.
c) Not to use the Yacht for racing or for towing other craft, except in an emergency, or generally for purpose other than that of private pleasure of the Charterer and his party which should include not less than 1 qualified skipper .Not to accommodate aboard any person other than those shown on the crew/passanger manifest nor to take the Yacht or permit her to be taken outside the area of the Croatian seas nor to sublet the Yacht without written consent of the Owner.
d) Not to alow any person on board to commit any act contrary to the customs laws of Croatia or of any country or contrary to the laws pertaining to fishing or under water fishing nor to seek and/ or take possession of objects of archaelogical nature or value and that in case of any such act is committed this Agreement shall thereupon terminate, but without prejudice to any rights of the Owner and that Charterer shall carry alone any resulting responsibilities and he shall answer alone to the appropriate Authorities.
e) To take every possible preventive measure and precaution to avoid to bring
the Yacht in any condition in which the Yacht will need to be towed to any
point by another vessel, but should such a necessity arise, inspite of the
Charterer’s efforts to negotiate and agree with the captain of the other vessel
on the price to be paid before allowing the yacht to be towed.
f) Not to leave a port or anchorage if the wind force is or is predicted to be over 23 knots, or if the harbour Authorities have imposed a prohibition of sailing or while the yacht has unrepaired damage or any of her vital parts such as engine, rig, bilge pump, anchoring gear, navigation lights, safety equipment, etc. are not in good working condition or without sufficient reserves of fuel or in general, when weather conditions or the state of the Yacht or its crew or a combination of them concerning the safety of the Yacht and her crew is doubtful.
g) When necessary to promptly reduce sails and not to allow the yacht to be found sailing under an amount of sails greater than the one insuring comfortable sailing without excessive strains and stresses on riggin and the sails, not to sail the Yacht in any area not sufficiently covered by the charts at his disposal or without having previosly studied the charts of the area and other printed aids on board thoroughly, not to sail the Yacht at night without all navigation lights functioning or without sufficient watch on deck.
h) To plan and to carry out the yacht’s itinerary in such a manner as to reach the port of CHECK OUT farthest away from the point at which the Yacht must be returned to the Owner (Turn-Around Point) and that two days prior to the termination of the charter the yacht’s
port of CHECK OUT shall lie at a distance not greater than forty (40) N.M.
from the point at which the Yacht is to be returned to the Owner.
i) To report by telephone or cable to the Owner at reasonable intervals the position and state of the yacht and of her passangers as well as in the event of any damage to the Yacht.
j) To study and acquire a working knowledge of any printed matter pertaining the proper handling of the yacht and to the conditions in the cruising area which may be made available to him by the Owner.
k) If the Charterer keep secret to owner any loss or damage which occured during
his charter time he must pay penalty of 500 EUR plus expenses of damage which
has been made.
The owner accepts only those complaints that are handed over in writing, on the day of returning the yacht and which are signed by owner and Charterer personally.
In case of misunderstanding or dispute, a gentlemans agreement will be tried. If it is impossible to solve the problems in this way, the owners Country Court is competent.
If the customer, for any reason cannot use the rental of the yacht, he is free to find another person that will take over his rights and obligations, but with the agreement of the owner. If the customer does not find a replacement the owner withholds:
- 150 Euro for administration fees, not refundable
- 50 % of the rental
price for cancellation within 3 months prior to the rental date
- 100 % of the rental price for cancellation within 2 months prior to the
11. CHANGES AND ADDITIONS
Changes and additions are valid only in a written form with Adria Coral Charter t.o. and agents signature.