TERMS AND CONDITIONS FOR SKIPPERED OR CREWED CHARTER OF VESSEL
Charter company takes care and maintains the offered sailboat with the attention of a good host and technically. The person who realizes the first payment (hereinafter: the Client), and thus confirms his reservation for sailboat from the Charter company's offer, establishes a legal relationship with the Charter company, by which he consents that he agrees with the general conditions of renting a vessel and with the terms that are herein given for his consideration. All the data announced in these conditions present legal obligation, both for the Client and Charter company. These conditions are the foundation for resolving eventually arisen disputes between the Client and Charter company; therefore the Client is obliged to read them carefully. If the charter contract is concluded with an Agent’s mediation, the Agent shall assume the role of an intermediary between the Charter company and the Client. The Agent shall be liable only in the context of the duties and responsibility of an agent under the contractual relationship in place with the Client. The intermediary, in this contract, as well as in possible future revisions and any single statements issued by the Client towards the Charter company, shall act as an authorized representative in the name and for the account of the Charter company and is allowed to collect receivables.
The sailboat can be taken over in the agreed time and place. If the Client does not take over the sailboat within 2 hours from the agreed time without previously announcing it, the Charter company is authorized, and the Client has no right to ask for compensation subsequently.
If due to whatever reasons Charter company is not able to deliver the reserved boat in the agreed time and place, the Charter company can provide the Client with another boat with equal or better characteristics. If the Charter company does not succeed in doing so, the Client has the right to terminate the contract and to be reimbursed of the already paid amount. The responsibility of the Charter company for amounts higher than the amount of the rent, as well as for any other right of the Client for compensation, is excluded.
Charter company shall not be liable for any delay due to the Acts of God or rough weather conditions.
The Charter company is obliged to give out to the Client a technically correct boat and completely equipped with full tanks of water and fuel, clean and dry, ready for sailing.
The prices are an informative way published in Euros. The listed prices include: technical control, clean and dry vessel with full tanks of fuel and water (as they have to be when the Client returns the vessel), use of the vessel and its devices, the obligatory vessel insurance, Croatian sailing license, the charter license of the vessel, and every information published on the site at the page of presentation of the sailboat. Harbor dues, fuel expenses, and other extra services and equipment on request are not included in the price.
4. Inquiries and reservations
Inquiries and reservations for vessel's charter can be made by e-mail or by filling in the inquiry form on the web pages www.croboat.com. By confirming a reservation, the Client proves that he/she is aware of the General terms and conditions of the sailboat charter and fully comprehends and accepts these terms which are binding for both the Client and Charter company. The Client is obligated to provide any information which is required for the reservation process. Once the reservation is confirmed, and the Client has submitted all the information requested. In order that the reservation becomes final Client undertakes to pay the amount specified in the actual reservation confirmation terms.
5. Payment dynamic and payment methods
The accommodation is for early reservations to be paid as follows:
· 50% of the vessel's charter price right after the reservation has been confirmed.
· 50% of the vessel's charter price at least 4 weeks (30 days) before the beginning of the charter period.
The Client can take over the reserved sailboat only under the condition that he has realized all the necessary payments. By achieving the first payment, the Client confirms that he is entirely familiar with all the characteristics and terms under which the sailboat is offered to him. By realizing the first payment, all that is mentioned in these conditions becomes a legal obligation, both for the Client and Charter company.
Payment can be done either in our company bank account.
The method of payment is specified in the charter invoice upon a previous agreement with the Client.
6. Cancelation and change of service
If the Client cancels a reservation (booking) of the accommodation service on the vessel 31 or more days prior to the day on which the accommodation service is to begin, the Charter company shall keep 50% of the accommodation service's price.
If the Client cancels a reservation (booking) of the accommodation service on the vessel up to 30 days prior to the day on which the accommodation service is to begin, the Charter company shall keep 100% of the accommodation service's price.
If, for any reason, the Client cancels the accommodation service on the sailboat, after they took the subject accommodation, the Charter company shall keep the entire price of the accommodation service, and the Client shall bear all the costs that may result thereof.
7. Security deposit
Security deposit is not required because the Charter company rent the sailboat with own skipper and under own risk.
8. Client's commitments and responsibilities
The Client is obliged to respect the laws of the host country.
The Client is not allowed: to provide accommodation services on the sailboat to third persons; - to lend the sailboat to third persons; to participate in the competitions which include the usage of the sailboat; to use the sailboat for economic purposes; to use the sailboat for professional fishing; to require sailing in unsafe weather conditions.
The Client is obliged to pay to the Charter company all material and legal expenses which may result from the acts and/or negligence of the Client, which are not covered by insurance and for which the Charter is liable to third persons. The Client is particularly responsible if the vessel was confiscated due to illegal activities..
Loss and/or damage of the vessel which were/was a result of an accident or Client's inattention is fully required to be paid from the Client side.
It is not allowed to keep domestic animals (such as dogs, cats, birds etc.) on the vessel.
It is not allowed to take more passengers onboard than the boat is intended for, and to take more people on board than the ones listed on the crew list.
The Client will be held liable for the damage that he or the rest of the passengers may cause to the vessel or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.).
Client shall respect all safety instructions as announced by the skipper of the sailboat because according to the marine law worldwide, the skipper is the only responsible person for the people onboard and the yacht itself.
9. Skipper's commitments and responsibilities
- The skipper is responsible for the navigation of the yacht, mooring, anchoring, and maneuvering and for keeping the deck and cockpit of the sailboat clean, in good and fully functional condition. Other tasks such as cleaning, cooking, etc. are not part of the skipper’s obligations.
- The skipper should respond to any Client’s request regarding various tourist information and share all knowledge he happens to have (such as interesting anchorages, sights and spots, museums, restaurants, nightlife, attractions, water sports points, etc.) acting partially also as a “guide” or a local “host” at the highest possible degree.
- The skipper is supposed to navigate and sail the yacht for approximately a maximum of 8 hours a day (unless otherwise agreed). The skipper should never leave the sailboat unattended when anchored and should stay alert during day and night to ensure the safety of the passengers and the yacht. The skipper will consult the Client for the desired sailing schedule and route and will coordinate this considering the safety and pleasure requirements of the passengers. The skipper of the sailboat should use the engine of the yacht as main propulsion (unless the Client wishes to sail and the wind direction and wind speed does allow sailing at all).
- If winds blow very strong, it is on the skipper’s judgment (after estimating the skills and capability of the passengers and the prevailing conditions on the next destination point) if the yacht should depart from the port or not. In all such cases, the skipper should explain the situation to the Client in detail, and they should mutually agree on an alternative plan for the next days.
- The skipper is fully responsible for the mooring of the yacht, the refilling of water and diesel and fuel for the outboard engine and for arranging the port formalities. The Client will pay for all these costs.
- The skipper takes the decision according to the weather conditions and forecast if he can spend the night in a port or in a bay on the anchor.
- The skipper will get his food by the Client, and a sleeping cabin/berth will be designated to him onboard.
- The skipper is responsible for all the damage that may happen to the yacht and/or its equipment, during sailing, motoring, anchoring, mooring, and maneuvering.
- The Client is held equally liable for other damage that he or the rest of the passengers may cause to the yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.).
- The Client is obliged to respect all safety instructions as announced by the skipper of the yacht because according to the marine law worldwide, the skipper is the only responsible person for the people onboard and the yacht itself.
- The Client is considered as capable to assist the skipper during sailing/mooring the yacht. If not the Client, one of the passengers should help the skipper - when necessary - by following the instructions and guidance given by the skipper. Not valid if a hostess is hired.
10. Property loss
The Charter company is not responsible for losses, injuries and/or damaging of the property of the Client and the rest of the crew, in all cases and/or including: someone else's property that has been laid down and kept on the boat, in the transportation vehicle, in the Charter company's office or the owner's boat. By agreeing to the general conditions of renting the sailboat the Client renounces his rights of requesting compensation from the Charter company, for losses and/or damage of his personal and/or someone else's property.
The Client and the Charter company shall endeavor to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Split. The competent law shall be the law of the Republic of Croatia.