Charter terms

GENERAL CHARTERING TERMS AND CONDITIONS 1. Charter price and terms of payment Charter price includes accommodation services for guests, the use of the boat with a full fuel tank and all its equipment. The price does not include the tourist tax per person per day, port and marina berths (except the first and last day of charter in embarkation base port), the cost of fuel and other supplies during the rental period. The client is obligated to pay 30% of the total amount within 7 days after booking confirmation, while the remaining 70% must be paid at least 4 (four) weeks before the beginning of the charter. Payments are made in cash (KN/EUR), by banker's order or by credit card. All bank transfer’s costs are obligation of sender. The client may only take over the reserved boat under the condition that all the necessary payments have been properly made. 2. Charter Company’s obligations and responsibilities The Charter Company is obliged to hand over the boat, seaworthy, functional, fully equipped, clean with full fuel and water tanks, legal for charter business and fully insured. The Charter Company is obliged to hand over the vessel after 5.00 PM on the first day of the charter, and to do the check-in together with the client according to the boat’s check list. If the Charter Company is unable to make the boat available to the client in the place and at the time appointed Charter Company will provide a similar or superior boat to the client as a replacement boat. In case of any technical problem during the journey that was caused by boat's imperfection Charter Company is obligated to solve the problem within 24 hours starting from the moment of receiving the information from the client. Also, if client reports any technical problem regardless of the cause, Charter Company will do or organize technical intervention on the sea in case of need. 3. Client’s obligations and responsibilities The client is obliged to possess the valid license for the size and tonnage of the chosen boat required by Croatian Maritime Law and as well the VHF radio operator certificate and is obliged to show the original licenses at the reception upon arrival (legal obligation). In case that client doesn’t have a valid license, or if the Base Manager determines that the client does not have needed knowledge nor the ability to operate the vessel, Base Manager has the right to impose a professional skipper for the reason of the safety of the crew and vessel. The client must fill the Crew List in advance or at least before departure and any change at any time must be reported to the Charter Company or to the Maritime Officials (harbor captain office). The client is obliged to operate and use the vessel on the best possible way in the manner of a good captain and a fine guest, checking the oil and the water in the engine daily, taking care of the safety of navigation, preserving the vessel and the crew. Also, according to the contract, the client is obliged to return the vessel seaworthy and in good functional, visual and equipped condition, with full tank of fuel, empty tank of waste and at the agreed time. The client is obliged to sail within Croatian territorial waters, any exception requires special written permission. The client promises not to rent or lend the boat to another person, not to participate in regattas and not to use the boat for commercial purposes or professional fishing. 4. Check In / Check Out procedure Check in/out procedure is a formal act of handling over the boat, it’s not scheduled to be done late, during late sunset or at night, because of reason of bad visibility, lack of diver, office working hours, etc ... Check in time: Saturday FROM 5:00 PM (if not agreed differently) Respect check-in time as notified in your charter contract in order to allow proper maintenance and cleaning of the yacht. During the check-in the client is obliged to inspect the vessel seriously and report any kind of defects or missing equipment on board. Only this complaints will be taken into consideration. When the client signs the „check list“ it is considered that he is completely satisfied and informed with the technical and inventory characteristics of the boat and he is accepting the boat as it is. Check out time: Saturday TILL 9:00 AM (all passengers with their possessions must be out of the boat by that time) Clients should return boat back to marina base on Friday afternoon latest 5.00 PM (if not agreed differently). The boat must be returned to the Charter Company in same condition as was taken over. All loss or damages caused by the client will be charged directly or out from the safety deposit. If the vessel has been returned after the Saturday’s check-out time at 09:00 h, or to another location, without previous permition or agreement with Charter Company, the penalty will be charged from the safety deposit in following ratio: - Up to the first three hours of delay – penalty is a ½ of the daily accommodation price - 3 - 5 hours of delay – penalty is a full day accommodation price - More than 5 hours of delay – Charter Company must contact the police and SAR, and penalty depends of caused business damage and associated costs. 5. Deposit Depositing a Safety Deposit (by the client) is a standard operating procedure when renting a vessel. It must be deposited in cash or by credit card prior to the handover of the vessel. The deposit is to be returned to the client in full amount after his charter period has been completely ended and the client has been canceled, and all of that explicitly under the condition if the vessel has been returned to the Charter Company in good shape, seaworthy and with the same functional, visual and equipped state as once it has been taken over. The deposit will only be used to cover the costs of the damage caused by the client's fault in damaging the vessel or its equipment during the charter period, or for the loss of equipment, or the client's avoidance of contractual obligations (e.g. returned empty fuel tank, blocked toilet, etc.), or if the client has delay in returning the boat. If the major vessel damage happens, with higher cost than the Safety Deposit amount, the damage must be reported within 12 hours by the client to the Harbor Master and to the Insurance company and will be solved by the procedural ways (legal obligation). Deposit cannot be returned on Friday evening if client plans to spend the night on the boat and leave the boat early in the next morning before office hours (before 8:00 AM on Saturday). In this case the charter will keep the deposit and cancel it in the morning after determining that everything is in order on boat. In this option, the security deposit must be left on the credit card. If no damage is detected during the check out, Charter Company will send the copy of destroyed deposit via e-mail or fax to the client, as evidence. 6. Insurance Boat insurance covers all maritime risks and it includes insurance toward third party. Major damages or accidents if happens need to be immediately (12 hours) reported to Maritime Officials (Harbor Captain or Police) and to the Charter base (legal obligation), otherwise the subject case will not be admitted by the Insurance company according to the Insurance Policy Regulations. In such case, the client will be held responsible for the damage and shall be charged and treated accordingly to the law. Minor damages (up to amount of safety deposit) - when the items or equipment belonging to the boat are damaged or lost due to negligence, the insurance policy doesn’t cover and costs are to be covered by the Client on the spot. Complete loss or damage on the outboard engine and dinghy (rib) are not insured. Charter Company shall not be responsible for loss/damage of the skipper's and crew's private possessions. 7. Cancellation If the client cancels the charter for any reason after booking confirmation, the client or his agent are free to find another person to take over his rights and obligations. If no replacement person can be found, the Charter Company will keep: 30% of the total amount for cancellation up to 120 days (4 months) before the charter period 50% of the total amount for cancellation within 60 days (2 months) before the charter period 100% of the total amount for cancellation within 30 days (1 month) before the charter period In a case the client cancels the accommodation service due to force majeure (war, riots, strikes, terrorist acts, sanitary conditions, natural disasters on a larger scale, sudden illness, serious bodily injury, interventions by the competent authorities, or other exceptional and unexpected circumstances), Orvas d.o.o. does not assume responsibility of inability to deliver paid services and the client shall not be entitled to a refund.   In a case the Client cancels the accommodation service in the event of force majeure or other exceptional and unexpected circumstances caused due to a COVID 19 (including lockdown, travel ban to Croatia, required quarantine upon return to home country or cancelled flights), the Client is entitled to use paid amount as a voucher for the reservation in alternative period during 2022 sailing season. 8. Privacy policy You can read our privacy policy at http://orvasyachting.com/privacy-policy.html as a part of this T&C. 9. GDPR policy – General Data Protection Regulation General terms and conditions of personal data processing you can read at https://orvas.hr/terms-and-conditions/ as a part of this T&C. 10. Complains Any eventual complaint of the client shall be taken into account only in the written form and if delivered to the Charter Company not later than 14 days after disembarkation of the client. If the client files complaint in the moment of the check-out, the complaint shall be taken into account only in the written form. The Charter Company is obliged to send a reply to every complaint received. All defects that happens on boat regardless of the cause must be reported immediately to the Charter Company. If the Charter Company repair the damage within 24 hours, the client has no right to any compensation. Also, there will be no compensation if the problem was caused by client's wrong handling or misuse of the boat. The client is expected to be cooperative and helpful in organizing and executing repair of defects on boat in the common interest. Obstruction or lack of cooperation reduces the speed and quality of problem solving. Not knowing the sailing area, weather conditions of area, characteristics of the rented boat or not having suffice ability to operate the boat on proper way, as well as bad weather and unrealistic expectations are not a subject of complains. 11. Competence In the case of disagreement or dispute, a peaceful settlement will be sought. If this is not possible, the competent Court is in Split.