General Charter Terms <
Pecumedia GmbH, Charter Agency Charterpartner PO-Box 401 444, D-80714
All claims are subject between the contract partners <
Further agreements are valid in this contract only if they are written and signed.
General charter conditions <
The person who confirmed a reservation and/or made the advance payment (hereinafter:the client) establishes a legal relation with << ChartId>>, and confirms that he agrees with the general charter conditions. Everything described in these general charterconditions represents a legal obligation for the client, as well as for <
The price and payment conditions
The charter prices are published in Euro (€), in the currently valid <
The stated prices include a technically adequate, clean boat with a full fuel tank, usage of the boat and its equipment, compulsory and hull insurance, accident insurance for the crew (covering disability and death), mooring in the home marina, Croatian sailing permit, and a concessionary approval for the boat.
The stated prices do not cover the costs of mooring and taxes in other marinas during the charter, fuel costs and costs of other necessities, car parking, and medical insurance for the crew.
In order to confirm the charter reservation, the client makes an advance payment in the amount of 40% of the charter price. The remaining amount up to the complete value of the charter is paid at the latest 4 weeks before the beginning of the charter.
The client can only take over the reserved boat under the condition that all necessary payments have been properly made.
Changes and cancellation of the charter
In case the client wishes to change the charter characteristics or cancel the charter, this must be done in writing (e-mail, fax, or post).
The date when <
- For cancellations up to two months before the beginning of the charter, <
- For cancellations up to a month before the beginning of the charter, <
- For cancellation within one month before the beginning of the charter, <
For cancellations after takeover of the boat, <
In case the canceling client manages to find a substitute client, who is willing to take over his rights and obligations, <
In case the cancellation is due to objective reasons on the client's side (death in the family, serious injury), <
Takeover of the boat (CHECK-IN)
Before takeover, the client is obliged to provide the <
The client leaves <
The deposit is refunded to the client in full, after an <
In case of brutal negligence resulting in damage of the boat and/or its equipment, as well as in case of loss of boat parts, the client covers all the expenses.
The deposit is obligatory even in cases when a boat is rented with a skipper provided by <
In case the client, without previous notice, fails to take over the boat within 48 hours after the agreed check-in time, <
If for whatever reasons <
The client takes over the boat with all valid documents necessary for charter (permit, crew list, concession…) and all other documents and enclosures in the boat's folder (list of captaincies, fuel stations…). The client obliges to handle the above mentioned documents with care and return them to <
The client is obliged to return the boat to the agreed place, at the agreed time, at 05.30 PM, at the latest, the day before last day of the charter, with a full fuel tank, ready for next navigation; that is, in the same condition as it was taken over. The CHECK-OUT will be then performed till 09.00 AM, at the latest, last day of the charter. Before the CHECK-OUT, the client is obliged to take garbage and waste off the boat and leave it at the designated place in the marina and to take their own luggage off the boat.
If for whatever reason further sailing during the charter is impossible or an excess of the agreed return time is inevitable, the client must contact <
In the event of lateness, the client vouches to pay a fine in the amount of 2% of the charter price for each hour exceeded. For lateness over 12 hours, the client pays a daily charter price for every started calendar day. All costs arising from the excess of the agreed check-out time are covered by the client. Digressions from this rule are possible, but only in accordance with a previous agreement between the client and <
In case the boat is returned to a port not appointed by the charter contract, the client pays <
When the boat is returned (check-out), an <
The client is obliged to report any eventual damage or loss to an <
In case damage has occurred on the underwater part of the hull, or if there is suspicion of such damage, a detailed inspection of the boat is required, either by a diver or by crane. The manner of the inspection is determined by <
In case the client attempts to cover up damage or loss, which occurred during the charter, he is obliged to pay a fine in the amount of 200 €, as well as a compensation for the damage or loss.
In case the boat is not returned with a full fuel tank, the fuel, as well as the service of filling the tank, will be charged to the client.
The client's obligations
The client is obliged to:
- provide <
- have valid passports. The costs of eventual loss or theft of the documents are covered by the client himself.
- study the printed material provided on the boat.
- handle the boat, its inventory and equipment with care, and especially that he will not handle the boat under the influence of alcohol or drugs, and will behave responsibly in every way.
- sail within the borders of the territorial waters of the Republic of Croatia. Leaving Croatian territorial waters is only allowed upon previous written consent from <
- sail only in safe weather conditions and at good visibility, and to avoid dangerous territories.
- adjust the sailing to weather conditions and the crew's capabilities, and not allow unnecessary burdening of the mast, sails and ropes.
- not leave the harbour or anchorage in case the boat or one of its vital parts is damaged and/or unsafe for sailing.
- not leave the harbour if port authorities have issued a prohibition of sailing or in case of insufficient fuel supplies.
- not use the boat for commercial purposes (transport of goods or people for compensation), professional fishing, sailing school or similar activities.
- not rent or lend the boat to a third party.
- not board more people than the boat is registered for, and not to allow people not stated on the crew list to stay on the boat.
- not participate in regattas or races without a previous consent from <
- not tow another boat and to take all possible preventive measures to avoid a situation in which the chartered boat would need to be towed.
- agree that the charter agreement be terminated, in case it is found that any one of the crew members broke a valid regulation and/or law or the Republic of Croatia. After this the boat is at <
- assume responsibility and compensate for all costs, for which it is established that they were caused by actions or omissions on the client's side, and for which <
- the client's responsibility for violations of sailing and other regulations, which were committed during the charter, does not cease with the end of the charter.
- in case of damage, accident or brakeage of the boat, the client must record the stream of events, immediately notify <
- notify <
- fully compensate for any damage caused by his negligence or omission, which is not covered by insurance, and for which <
- in case of disappearance of the boat or its equipment, inability of sailing, confiscation of the boat or sailing prohibition by the government or a third party, the client must immediately notify the competent authorities and <
- assume full responsibility in case of confiscation of the boat by competent authorities due to irresponsible or illegal actions of the crew (commercial fishing, etc.).
- be fully responsible for sea contamination during the filling of fuel tanks or dropping waste outside regulated places.
- check the oil level in the engine every day. Damages and losses caused by an insufficient oil level in the engine are the client's responsibility.
- take pets (dogs, cats, etc.) aboard only with a previous permission from <
The client is materially and criminally responsible for his actions during the charter.
The skipper's obligations
The skipper of the chartered boat must posses all necessary nautical knowledge and skills, as well as a valid boat leader's licence and GMDSS radiotelephony licence.
In case an <
If the client knows in advance that he will need the services of a skipper, he should notify <
The boat's insurance covers damages inflicted to and by a third party (obligatory insurance). The boat also has hull insurance in the amount of the reported boat value, for risks stated in the insurance policy. The hull insurance covers damages that exceed the amount of the deposit, but not intentional damages or damages caused by brutal negligence.
charter conditions, the client renounces any rights to compensation by <
All damages and/or losses must be reported to <
When the boat is damaged, the client is obliged to cover all costs in accordance with the conditions of the hull insurance, but only up to the amount of the security deposit. The costs of damages caused by negligence and/or loss of one or more parts of the equipment are fully covered by the client.
The sails are not insured, the costs of eventual damage are covered by the client. The client's responsibility is excluded only when damage to the sails is caused by normal wearing out of the sails or by brakeage of the mast.
Engine damage caused by an insufficient oil amount is not covered by insurance and is covered by the client in full, as well as any damage resulting from the engine damage.
Insurance against insolvency or bankruptcy of <
In accordance with the Law on Tourist Activity(NN 8/96), in case of insolvency or bankruptcy of <
Damages and defects during the charter All
damages and defects that occur on the boat while under the client's care, and
which are not a result of natural wearing out of the boat, are paid by the client.
Before making any repairs or purchases, the client is obligated to contact and
agree on the technical justification of the repair and the manner of payment.
All damages and defects that occur on the boat while under the client's care,
and which are a result of natural wearing out of the boat, are paid by
Before making any repairs, the client is obligated to come to an agreement with <
the technical and financial justification of the repair. The client pays the
on spot, if necessary, and obliges to keep it, so <
refund the payment in full upon check-out.
The client obliges to notify <
Every client has the right to a complaint, if he considers <
The client renounces the right to arbitration by a third party, competent authority, or law institution, or releasing information to the media, until <
The highest compensation can equal the amount of the part of the service which was the object of the complaint. The client has no right to compensation for services that have already been used or for the whole amount of the charter price. This also excludes any rights to compensation of non-material damages.
If the client is not satisfied with <
Any changes and additions to these general conditions are only valid in written form and with agreement from both parties.