|Allgemeine Charterbedingungen dieses Vercharterers|
These Instructions and Terms For Sailing Boat Accommodation will be known as Contract, Navigare Yachting will be known as NY, the chartering party will be known as Charterer, and the yacht as the Vessel. This Contract is valid under the following conditions:
The Charterer lies under commitment to pay the safety deposit at the time of embarkation on the Vessel. The deposit shall be refunded in its entirety upon the return of the vessel, unless the existence of a damage or a defect on the vessel or the equipment is found during the take over of the vessel, and unless there are no claims filed or announced regarding the Charterer by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself, Navigare Yachting 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 vessel. In case the caused damage has the consequence that the vessel cannot be furtherly chartered, Navigare Yachting has the right to retain the amount corresponding to the loss of profit. >
NY will insure the yacht with the minimal franchise that should correspond to the safety deposit amount. Independently on insurance the Charterer is also obliged to pay indemnity for all caused damages up to the height of the safety deposit. Damages covered by insurance which are not immediately reported to NY and/or insurance company, will not be acknowledged as per the insurance policy. In this case the Charterer is personally responsible for total damages as a result of not reporting or late reporting of damages. Damage to the underwater part of the Vessel must be followed by Vessel inspection executed out of the water, at the expense of the Charterer.
The charterer will be held liable for the total amount of any loss or damage caused by gross negligence or wanton or willful misuse by the charterer or by any of his party which is in excess of the security deposit amount. Gross negligence may include, but is not limited to: sailing at night without all navigation lights functioning or without sufficient watch on deck; damage resulting from non-observance of instructions given during the technical briefing; damage resulting from failure to take protective measures (in accordance to good seamanship) against diverse weather conditions; failure to take responsible seamanlike precautions to avoid danger for both yacht and crew etc.
The Charterer shall perform the control of the oil in the motor on a daily basis. The damage caused by the oil deficiency in the motor is not covered by the insurance.
If the Charterer who has paid the charter price in the whole, informs NY on his withdrawal from use of the Vessel not later than 4 weeks before the agreed charter should start, the Charterer has right for the recurrence of 50% of the paid amount. If the cancellation is due to objective reasons (death in family, heavy injury etc), paid price won't be paid back but NY will give the Vessel at the Charterer's disposal in another free period of time or within the next sailing season. In other cases NY is not obliged to return the Charterer amount paid in accordance to this Contract.
FAILURE TO DELIVER
NY is obliged to make available the contracted, similar or better Vessel, at agreed time and place, and to deliver it to the Charterer. If NY is late in performing this obligation, NY will lay under commitment to pay back an appropriate proportional amount of the charter price for every 24 hours being overdue, and additionally, if reason for NY being overdue can be imputed to NY own guilt, NY should also pay 5% indemnity of weekly charter price for every day being overdue, but not more than 15% of the total charter price. If NY has been overdue for more than 48 hours, the Charterer may cancel this Contract and require the reimbursement of the paid charter price in the whole. In such a case the Charterer has right for total indemnity amounting to 120% of the paid charter price.
In case of cancellation of this Contract by NY, he will be due to pay back the total amount paid by the Charterer, and if the Contract has been cancelled three or less days before taking over the Vessel, NY will lay under commitment to pay the Charterer the fine in the amount of 10% of the one week charter price.
However, regardless of possible reasons and height of possible damage, the responsibility of NY towards the Charterer is limited to the amount of the weekly charter price.
If because of some reasons that may be imputed to the irresponsibility of NY, come to a breakdown or an engine trouble on the Vessel that would enable or considerably hinder the Vessel’s use, the Charterer may cancel this Contract. In that case NY is obliged for taking over the Vessel to the nearest safe port, pay back to the Charterer an appropriate part of the charter price enlarged for 10%, and bear the transportation expenses of the Charterer and his crew to the port of planned disembarkation.
SAILING TERMS & USE OF THE VESSEL
Charterer may use the Vessel exclusively in the coastal sea of the Republic of Croatia, and he additionally lays under commitment not to undertake any actions from which may arise any unwished consequence(s) that would not be covered by the boat insurance contract (e.g. participation on regatta and similar). Use of Vessel out of Croatian coastal waters, participation on regatta etc is allowed only upon relative permit in writing was granted by NY to the Charterer.
As weather conditions dictate, the Charterer is obliged to promptly reduce canvas and not allow the Vessel to sail under an amount of canvas greater than one ensuring comfortable sailing without excessive strain or stress on rigging and sails; not to sail the Vessel in any area insufficiently covered by the charts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed material provided on board; not to sail the Vessel at night without all navigation lights functioning or without adequate watch on deck.
Charterer shall not leave port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (30 knots) or if the harbor authorities have prohibited sailing or while the Vessel has unrepaired damage to any of her vital parts such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc. or if any of the above parts are not in good working condition; neither shall the Charterer leave port or anchorage without sufficient reserves of fuel or in general, when weather conditions or the state of the Vessel or her crew are doubtful.
The Charterer undertakes to be in possession of a valid navigation and VHF license, or will leave navigation of the Vessel to a crewmember that has the relevant permit or license. The Charterer guarantees NY his own nautical knowledge and competence in that area, both his own and the qualification of his crew, as well as his ability to operate the Vessel safely without regard of weather conditions or any other circumstances, taking over full responsibility for rational exploitation of the Vessel and her equipment.
If NY comes to conclusion that the Charterer or members of his crew do not possess appropriate and necessary knowledge and nautical competence, NY may make a breach of this Contract any time without being obliged to pay back any amount or, in accordance with the established competence he may determine the limits of sailing for the duration of this Contract. NY has been authorized for making such limitations if weather conditions or some other serious reasons should force NY to do so. For the reason of establishing the nautical competence of the Charterer and his crew NY may organize a shorter common navigation with the Charterer.
NY is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party for the duration of this Contract. NY is also not responsible for postponements or changes of plans of the Charterer caused by bad weather conditions or some other similar reasons. In case that extremely bad weather conditions will hinder the return of the Vessel in a foreseen term, NY agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged for 50%.
All current expenses of the Vessel use (fuel, harbor taxes, indemnity, cleaning and similar) should be paid by the Charterer. This also refers to the obligations which may arise from the Vessel use, and which may become due after the expiration of this Contract.
In case of any other unexpected incident, some greater damage or failure, navigational offence or accident the Charterer is obliged to report about it, both to authorized government bodies and the NY, in the quickest and the most appropriate way and to follow their instructions which are within the framework of positive stipulations, and in accordance with operations of a good navigator.
The Charterer is not authorized neither to rent the Vessel to the third party nor to leave it uncontrolled at some place not being safe, nor to haul it up. The highest number of passengers aboard should not be higher than the number as stated in the Crew List, and it is also not allowed to embark any animals without written permission granted by NY.
The Charterer is obliged to observe all navigation rules and orders made by authorized government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report NY on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to NY in the same condition in which the Charterer had received her (Vessel has to be properly clean, the equipment has to be arranged and similar).
If the Charterer will not return the Vessel in agreed time and on agreed place, he will lay under commitment for paying indemnity for every started day of being overdue in a double amount of the amount foreseen for the charter. If he does not, prior to end of agreed time of Vessel return reports NY about expectations of becoming overdue a/m indemnity will be enlarged for further 30%. NY has right to settle the indemnity for Charterer being overdue throughout the safety deposit deposited by the Charterer
ARBITRATION & LAW
In case of any dispute or controversy under this Contract, an attempt shall be made to settle dispute or controversy peacefully and by understanding. If dispute or controversy cannot be thus resolved, the matter shall be forwarded to the Arbitration Court of the Zagreb Chamber of Commerce, and shall be subject to Croatian material law.