This charterconditions will be accepted and confirmed by online mouseclick and his payment. The chartercontract is valid until being replaced by the "originial" contract |
The chartercompany will ask the charterer at Boarding to sign an "original" contract due to local obligations to have original signed papers on board.
GENERAL TERMS AND CONDITIONS OF
(hereinafter referred as MY),
in accordance with the General Terms and Conditions and the charter contract, will let the
charter vessel to the Charterer for the agreed period of the charter, and guarantees all charter vessels are in good condition and their machinery
in proper working order.
The person who confirms the reservation and/or makes the advance payment (hereinafter referred to as the Charterer) enters into a contract
with MY, thereby accepting the General Terms and Conditions, which are legally binding to both MY and the Charterer, and are the basis for
resolving any dispute that may arise between the parties.
PRICES AND CONDITIONS OF PAYMENT
Prices are advertised in Euros in the current MY Price List. Upon the payment of the service as relevant is considered the calculated middle CNB
exchange rate on the date of payment and includes VAT.
The charter price includes the use of the yacht and its facilities. Included in charter price
are incurred taxes / VAT of the charter company.
Should between the booking and the charter date a change happen in the tax / VAT rules in the
country of the charter, the charter price also would be changed in percentage.
The increase must be paid from the charterer, the decrease from
the charter company before charter. MY retains the right to alter the price list without previous notification.
The Charter Fee includes the letting of a vessel in proper working order and good, clean condition with a full fuel tank; on-board accommodation
and use of the vessel’s equipment; insurance; dockage at the base marina; Permission for navigation in the Republic of Croatia and the vessel’s
The Charter Fee does not include dockage or other charges of ports visited during the period of the charter, such as running expenses, which
include, but are not limited to, fuel, consumables and car parking expenses or health insurance for crew members.
No reservation will be confirmed until a 50% advance payment of the total amount of Charter Fee has been received.
The balance of the
Charter Fee will be paid no less than 30 days/ 4 weeks prior to the start of the period of charter. Only once all payment conditions have
been executed will boarding and take over of the vessel be permitted.
CHANGES TO OR CANCELLATION RESERVATION
If the Charterer wishes to make changes to the booking or cancel the reservation, MY must be notified immediately in writing via e-mail,
fax, or post.
If the Charterer cancels the reservation in writing, MY reserves the right to apply the following cancellation charges:
- In the event of a cancellation made earlier than sixty (60) days prior to the start date of the charter period - 50% of the Charter Fee
- In the event of a cancellation made sixty (60) days or less prior to the start of the charter period - 100% of the Charter Fee
- In the event of a cancellation made after Check-in - 100% of the Charter Fee in addition to any other expenses MY may have incurred as a result
If the Charterer is able to find a replacement letting party for the same period of the charter and under the same terms and conditions, MY
reserves the right to charge for any costs incurred by the change.
In the event that the Charterer has to cancel the reservation due to death in the family or serious illness, MY is not liable to return the paid
amount, but will issue a credit note for the unused portion of the total charter fee to be used against any future charter with MY on a similar vessel
for an alternative period.
Compensation or refunds will not be made where the Charterer is inconvenienced or has to pay due to situations such as war, riot, civil
dispute, industrial dispute, terrorist activity, exceptional sanitary conditions, natural disaster, intervention of competent authorities, or other
unforeseen circumstances that may amount to force majeure.
MY will deliver the vessel fully commissioned, clean and tidy, with all the gear and equipment in good working condition and a full tank of fuel.
Upon takeover of the vessel the Client will make the entire inspection of the vessel and sign the Check-in list as a confirmation that no damages
occurred on the vessel during the Event including underwater part of the vessel.
The Charterer will pay to MY a security deposit upon the date of check-in to cover any damage, loss of equipment, or liability not covered by
the vessel's insurance. The deposit is payable in cash or by credit card. Master Card or Visa only.
The deposit will be refunded in full to the Charterer upon return of the vessel and once MY’s base staff have confirmed that the vessel has been
returned on time and at the agreed place, the vessel is clean and in good condition with a full fuel tank, and upon signing of the Check-out list by
the skipper containing the notification ensuring that no damages on the vessel or the pertaining equipment occurred during the event, and no
third party is claiming damage caused or arising from the usage of the vessel during the event.
The Charterer will be liable for any loss
or damage to the vessel or its equipment or gear caused by acts of brutal negligence and willful damage by the Charterer or any
member of the Charter party.
The Charterer will also be liable for any decrease in the vessel's value due to such damage. If amount of
damages defined in the insurance policy, exceeds the amount of security deposit, MY is entitled to retain the entire amount of security
deposit and issue to the Client the invoice for the amount missing between the used amount of security deposit and the damage
If the Charterer does not accept the vessel at, or within 48 hours of the agreed time and place without prior notification, MY reserves the
right to terminate the contract with no further claims against the company by the Charterer.
If for any reason MY is not able to deliver the vessel to the Charterer at the agreed time and place, an acceptable alternative of similar
characteristics may be provided within the next 24 hours.
If such delay exceeds 24 hours, the Charterer has the right to terminate the
contract and all sums paid will be refunded. In the event the Charterer decides to accept an alternative vessel and the waiting time
exceeds 24 hours, the Charterer has the right to request a refund equal to the number of days the check-in was delayed.
In these circumstances, MY will only be liable for the Charter Fee with no further claims against the company.
Upon check-in, the Charterer is obliged to inspect the vessel and upon acceptance certify that he has found the vessel and its equipment in
acceptable condition and in every respect seaworthy.
At that point the vessel will be deemed to be in good order and fully in compliance with its
description (check-in list).
The Charterer must submit any complaints regarding the state of the vessel or the equipment in writing before
taking over the vessel.
MY will not accept liability for any claim arising from the hidden defects and deficiencies of vessel and equipment at the time of
boarding and regular maintenance of the vessel as well as for deficiencies and failures that may occur after the time of boarding, that
could not been foreseen or prevented by the MY.
The vessel will have, as part of the inventory, all necessary documents (permit, concession, registration forms...), as well as charts, almanacs and
cruising guides, including a list of port authorities and petrol stations.
The Charterer will take exceptionally good care of the aforementioned
documents and return them to MY staff upon return of the Vessel.
Any complaint regarding all necessary documentation the Charterer is obliged
to submit in writing prior to take over of the vessel.
In respect of the contractual penalty the Charterer is obliged to pay the amount of 500,00 EUR
if the Charterer loses or damages the documentation or any part of the documentation taken, and the cited amount would be calculated upon
middle CNB exchange rate on the date of payment.
RETURN OF THE VESSEL (CHECK-OUT)
The Charterer will return the Vessel to the point of pick-up at the end of the agreed charter period, and no later than 18:00 on the evening of the
day before the last charter day agreed in the charter period.
The charterer can stay overnight and have to leave the boat on the last charter
day before 8:30 am.
The vessel will be returned as it was delivered; clean and in good condition, with a full fuel tank, and ready for service.
Charterer will take out his own waste and dispose of it in the marina and in the appropriate manner.
If the vessel is at any time out of commission during the period of charter and/or a delay in the return of the vessel is inevitable, the Charterer will
inform the base manager and MY, requesting further instructions. All requests for further instructions must be recorded in the vessel's log.
Adverse weather conditions cannot justify delays to the return of the vessel at the end of the charter period.
In the event the vessel is returned late, the Charterer agrees to pay a 10% charge of the total Charter Fee for every hour up to 12 hours of delay.
In the event the delay is over 12 hours, the Charterer will pay the standard daily charter rate for every day thereof.
The Charterer will pay for any
losses or expenses incurred due to the delayed delivery of the vessel. Exceptions to this rule are possible only through explicit
agreement between MY and the Charterer.
In the event of the return of the vessel cannot be made to the agreed point of pick-up, the Charterer will be liable for the cost of transferring the
vessel to the agreed point of pick-up, a penalty charge for the delayed return, if there is one, and any damage that may have resulted from the
transfer and which is not covered by the vessel's insurance.
MY is entitled to charge all the costs arising from delay or transferring of the vessel primarily from the security deposit.
If the costs exceeding the
amount of deposit the Charterer is obliged to pay the amount missing between the amount of security deposit paid and the amount of actual cost.
Upon return, an MY representative and the Charterer will jointly inspect the vessel and its equipment in order to verify that the condition
of the vessel is in compliance with the check-in list.
If any deficiency occurs during the inspection, MY representative and the Caterer
are obliged to ascertain liability for each deficiency.
The Charterer is obliged to notify the MY representative of any defects or damage immediately. If the damage is beneath the waterline, or is
assumed to be beneath the waterline of the vessel, it will be necessary to inspect the vessel in detail, either by the intervention of professional
divers or using a vessel crane. The MY representative's decision is final and binding and the Charterer will be charged for associated costs.
The penalty fee for failing to report loss or damage to the vessel that may have occurred during the period of the charter or the loss or damage
notorious to the Charterer or ought to be notorious to the Charterer is 500,00 EUR calculated upon middle CNB exchange rate on the date of
payment, and the Charterer will pay for all recovery costs.
In the event the fuel tank is not full upon return, as it is upon delivery according to its check-in list, MY will add the cost of the fuel, exceeded for
the cost of refueling in the amount of 100,00 EUR calculated upon middle CNB exchange rate on the date of payment, to the final invoice.
Upon signing the Charter Contract, the Charterer agrees:
- To send the complete crew list, with the full name, address, date and place of birth, nationality, and ID or passport number of all the members of
the crew, as well as a copy of a valid sailing license for the Skipper, to MY no later than one (1) week prior to the start date of the charter period.
- To be in possession of valid travel documents. MY is not responsible for loss or theft of the documents during the period of the charter or any
- To carefully read all on-board written documentation.
- To navigate the vessel in a safe, responsible and seamanlike manner, and never under the influence of alcohol or narcotics as well as to handle
all gear and equipment with due care and attention.
- To navigate the charter vessel only within the territory of the Republic of Croatia. Sailing in areas designated as 'out of bounds' will be permitted
only if a signed permit is obtained from MY prior to entering such areas.
- To sail or motor the charter vessel only in safe weather conditions and good visibility, avoiding any hazardous areas.
- To ensure the equipment on board, especially the sails, mast and lines are not submitted to unnecessary stress by adapting the sailing to the
weather conditions and the crew's sailing ability.
- To never leave port or anchorage if any part of the vessel or its equipment, which is important for safe navigation, is not in order or fully
- To never leave port if port authorities have placed a ban on navigation or in case of insufficient fuel in the tank.
- Not to use the chartered vessel for commercial purposes (transportation of people or cargo for money), professional fishing, sailing courses,
diving cources or similar activities.
- To limit the number of people on board to not more than the designated number for that type of vessel, as well as to ensure only persons on the
crew list are allowed on board.
- Not to participate in regattas or races without first acquiring a written permit from MY.
- Not to tow another vessel
- To undertake all necessary measures to avoid the chartered vessel from incurring damage that could result in the need for towing.
- That throughout the charter period, should any member of the crew violate local or international law and regulations, MY will take over authority
for the chartered vessel without any right to compensation on the side of Charterer. MY will not be liable for any violation of the law or regulations
committed by the Charterer or any person on board the vessel and the Charterer will assume full responsibility.
- To accept financial responsibility for any liability MY may have towards third parties and which is due to the Charterer’s, or the charter party's
negligence, act or misuse.
- To accept responsibility for violating any rules of proper navigation or other laws and regulations during the agreed period of the charter, which
responsibility does not expire with the termination of the period of charter or the Charter Contract.
- To notify MY immediately of any breakdown, accident or damage to the vessel, making sure to record the event, register the incident at the
nearest Harbor Master's Office and request a verified report from the Harbor Master, doctor or other competent authority.
- To notify MY immediately of any breakdown or failure of the vessel or its equipment caused by normal wear and tear. In such cases MY will be
responsible for repairing the vessel within 24 hours of receiving the notification. MY is not liable for any compensation if the problem is fixed within
24 hours. Emergency telephone numbers can be found in the vessel's documents.
- To accept full financial responsibility for any third party claims occasioned by the Charterer’s own negligence or misuse, which are not covered
by the vessel's insurance.
- To immediately notify MY and competent authorities in the event of the vessel or its equipment being stolen, the vessel not being fit for
navigation, sanctioning of the vessel or the implementation of cruising limits by government authorities or third parties. In such circumstances, the
Charterer will procure a written copy of the police report.
- To accept responsibility in the event the vessel is sanctioned by competent state authorities due to unauthorized or illegal acts committed during
the period of the charter, such as commercial fishing, stealing artifacts from the seabed, etc.
- To accept responsibility in the event of serious pollution of the sea during refueling or due to inappropriate disposal of waste.
- To check engine oil levels on a daily basis. The Charterer will be liable for any failure resulting from lack of oil in the engine.
- To keep a correct record of events in the vessel's log, which is to be left on board the vessel upon its return.
- Not to allow any animals on board the vessel. Pets are not allowed unless previously agreed with MY.
- To accept responsibility for all members of the charter party, as well as any other persons allowed on board by the Charterer.
The Charterer will accept full financial and penal responsibility for any break of the rules and regulations to which the vessel becomes subject.
MY retains the right to compensate from the security deposit all damages incurred from the violation of the above cited obligations. If the security
deposit is not sufficient for the compensation of the incurred damages, Charterer would be personally liable for the amount missing between the
amount of security deposit and the actual damage.
The Charterer who takes over the role of skipper warrants that he has the competence and skills required to navigate the vessel safely, as well as
a license for open sea sailing and a GMDSS Radio Operator's License. If the Charterer does not possess the required competence, skills and
licenses for navigating the vessel, he warrants that the member of his crew who does hold such will be the sole person to navigate the vessel.
MY reserves the right to accompany the Charterer or the appointed skipper of the vessel for trials prior to handover in order to determine whether
he/she has the required competence to handle the vessel safely.
The time required for the demonstration is part of the agreed charter period.
MY reserves the right to appoint an official skipper to the vessel if the MY representative finds that the Charterer or the appointed skipper is not
competent to take charge.
The Charterer will pay for the appointed skipper in accordance with the Price List. If the Charterer refuses to accept this
decision, MY reserves the right to prohibit the vessel from leaving port and terminate the agreement. In these circumstances, any sums paid will
not be refunded and no further claims may be raised against MY.
If the Charterer knows in advance that a skippered vessel will be needed, he must inform MY at the time of booking, latest 10 weeks before charter.
The vessel carries third party liability insurance. Protection and indemnity insurance for the vessel is provided in the amount of the vessel’s value
as it is recorded in the insurance policy. The vessel's insurance covers damage above the amount of the security deposit or insurance policy
excess (franchise); however, the Charterer remains fully liable for any loss or damage to the vessel caused by the Charterers, or the charter
parties, own negligence or misuse.
The Skipper has to inform in a briefing all crew members about the risks und dangers of boating. Sailing is a sport art and there are always
possibilities of injuries through improper use or damaged equipment.
The Skipper is the only responsibility person for such cases.
MY shall have no liability for loss or damage to personal effects of the Charterer, or members of the charter party and crew, nor is MY responsible
for any personal effects of third parties left on board the vessel, the company vehicle, or within MY offices.
By confirming the reservation (deposit
left) and accepting the terms and conditions, the Charterer agrees that MY shall have no liability for loss or damage to personal effects of the
Charterer or third parties.
In the event of loss or damage, MY must be notified immediately.
In the event of a more serious incident, or where more than one vessel
is involved, the Charterer shall notify the competent Harbor Master's Office and acquire from them the necessary documents for the
Insurance policy covered damages not notified immediately to MY, competent government bodies including insurers, and for thereof
damages the acquired documentation has not been submitted, thereof damages would not be acknowledged in accordance to the
terms of insurance. For thereof damages there is sole liability on the side of Charterer in full amount of the cited damages.
In case of damage to the vessel covered by insurance policy, Charterer is obliged to cover all costs in accordance with the existing
protection and indemnity insurance conditions only up to the amount of security deposit. The Charterer is liable for the costs of all
damages to the vessels and/or equipment caused by Charterers or the charterer party’s negligence or misuse and/or loss of one or
more parts of the equipment, in a full amount.
The sails are not insured.
The Charterer is liable for any costs incurred for damage to the sails. Reasonable wear and tear is accepted. The
Charterer shall have no liability for any damage to the sails caused by the breaking of the mast.
The Charterer will have to pay for any damage to the engines caused by lack of motor oil in the machinery, as this is not covered by insurance.
The Charterer is liable for any loss or damage to the vessel that occurs during the charter period and that is not related to the vessel’s
Prior to initiating any repairs, or proceeding with any purchases, the Charterer will contact MY to obtain their approval for technically
justified repairs and agree on the liability for the damage.
MY is liable for any loss or damage that occurs during the charter period and which is caused by reasonable wear and tear of the vessel and its
The Charterer must obtain MY's approval prior to initiating any repairs in order to agree on the technical and financial aspect of the
Once agreement has been reached, the Charterer will pay for the repairs on site, but keep the receipts in order to be refunded in full upon
return to the base.
The Charterer will immediately notify MY of any loss or damage regardless of the cause of the damage or loss. The Charterer will comply with any
instructions given to him by MY.
If MY is not able to arrive and immediately eliminate the damages occurred, MY will personally or by instruct the
Charterer to engage the third party, eliminate the damages occurred. Prior to the repair of the damage by the third party, MY must certify the
manner of execution of the repair and the costs of repair. After the MY certificates the approval for the agreed cost and the manner of execution of
the repair, Charterer is authorized to settle the cost of the repair on behalf of MY.
Charterer is required to keep the invoice paid. If there has been
any damage or failure due to age or deterioration of the vessel MY is required to refund the amount paid to the Charterer.
Any unauthorized repairs or changes to the gear and equipment will be charged to the Charterer’s final invoice.
The Charterer has the right to lodge a complaint if he is not satisfied with the service MY is providing or believes the quality of service is not of the
Compensation in proportion to the complaint may be approved if and only if the Charterer, upon return, makes a formal written
complaint accompanied by all relevant documentation.
The complaint must be issued in writing and lodged no later than upon return of the vessel
with both the Charterer's and MY representative's signatures. Any complaints made later may affect the Charterer's rights under the Charter
Contract. MY reserves the right not to take into consideration any complaints received after the aforementioned period, or if any relevant
documentation is missing.
MY will answer the complaint in writing no later than 14 days following its receipt. MY reserves the right to postpone the resolution of the complaint
a further 14 days with the aim of investigating the complaint and gathering all the necessary information from persons directly or indirectly involved
in the case. The highest possible compensation per complaint may equal the value of the disputed portion of the service, but may not include the
already used portion of the period of charter, nor can it be equal to the full Charter Fee. The Charterer does not have the right to compensation for
If the Charterer is not satisfied with the way MY tries to rectify the complaint and the parties cannot find a peaceful and satisfactory resolution, he
is entitled to court proceeding.
Any disputes not resolved peacefully will be lodged with the Court in Zadar and are subject to Croatian Law.
Any changes or amendments to the General Terms and Conditions must be issued in writing and agreed upon by both parties.
By the payment of the deposit, the invoice recipient confirms having read the Terms and Conditions of MY, accepted those and to have passed
them to the end charterer.