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Business Terms and Conditions

Business Terms and Conditions

1. Introductory provisions

These terms and conditions govern the rights and obligations between the lessee (hereinafter: the client) and croatia-charter.yachts (hereinafter: CCY) as an intermediary between the charter company and the client. CCY is the agency that fully respects the terms of the lease of every single charter company in particular. It forwards to its customers the rental conditions of a charter exclusively for a given vessel, which are given to us by the owner of the vessel or by the charter company. CCY will send to the client documentation in English. On the grounds of the general conditions, the information provided on this website, and on the grounds of the contract to lease a vessel and/or the provision of accommodation services on vessels, the CCY mediates or/and provides customer with the service of several days accommodation on board and/or charter. The client who has confirmed the reservation for one or more vessels, and who has made an advance payment in the amount of 50%, closes a legally binding relationship with the CCY and confirms that it agrees with the business conditions of the charter company, with these Terms and Conditions and with statement on privacy policy and that it fully accepts them. These conditions are the basis for resolving any disputes between the client and the CCY.

2. Booking Reservations and Payment

Inquiries for the booking services are sent electronically. Reservation is confirmed following an advance payment of 50% of the total amount, while the rest is paid at least 30 days before boarding the ship. After the CCY receives a request for a reservation, the client will send all the information needed for the advance payment, and the renting contract that must be signed and returned to the CCY. If your charter begins in less than 60 days, then it would be required to pay the full amount, so that your reservation could be confirmed. Charter Prices are listed in Euros at the current price lists of charter companies and include VAT. For billing services in the country, to calculate the applicable middle exchange rate on the payment date. CCY reserves the right to change the prices without notice. The prices include: accommodation in a technically correct and clean vessels with full tanks of fuel and water, use of all equipment on board, compulsory and hull insurance, insurance for the crew against accidents, anchorage in the home marina, sailing permit in the Republic of Croatia, a concession permit for the vessel. The price does not include harbor and other taxes in other marinas, fuel costs and other necessities, car parking, as well as health insurance of the crew members. When returning the vessel, fuel tanks must be full. When booking, it is necessary to send in advance a navigation license and certificate for VHF. A list of the crew should be sent at least 7 days prior to boarding. If the client requests a skipper and/or hostess on board, it should be specified so when booking. Tourist tax must be paid at the marina at the base of the charter after confirming the list of the crew. It is customary to take the leased vessels on Saturdays in the afternoon and return them in on Saturday mornings. A return at the base the day before disembarkation is recommended in many cases, and in some it is mandatory.

3. Obligations and Responsibilities of Charter Company

Charter Company agrees to provide a client with a ship in proper working condition and with complete equipment which is included in the price. Tanks on board must be filled with water and fuel during the takeover of the ship by the client. If the ship for any reason is not provided to the client, then the client is entitled to a refund of money from a charter company for the days in which it was not able to have the ship at its disposal. Also in connection with this, the practice is that a charter company makes available to the client a replacement ship at the agreed time and at the agreed place, which must be of the same or better standard than the booked one. If the charter company fails to provide a replacement vessel, then the client has the right to terminate the contract and claim a refund from the charter company. The client has a right to a refund of only the paid money, all other rights are excluded. If the ship or ship equipment are damaged due to a cause of natural origin, then the client is obliged to contact the charter company. Charter Company is obliged to repair the defect, as soon as possible, or within 24 hours. In this case the customer is not entitled to compensation.

4. Obligations and Responsibility of the Client

Once the client has taken a responsibility for the boat, the client is obliged to sail solely in the Croatian territorial waters. If the client wants to leave the Croatian territorial waters, it must obtain a special written approval. Any damage to the underwater parts of the ship, which are caused by gross negligence of the client, will be repaired at the expense of the client. Client shall comply with all the applicable laws and regulations related to and which are in reference to the navigation at sea, present responsible behavior towards the ship and marine equipment, and sail in accordance with good navigational practice, or when the weather conditions do allow. A client or a skipper on board should have a good navigation experience and all necessary documents related to navigation. If the ship during the voyage experiences failure, then the customer is obligated to phone the charter company immediately. If the client's negligence in the management of the ship resulted in the damage of the third parties, which is not covered by the insurance, the client is obliged to cover all the material, legal and other costs that may arise as a result of such negligence. The client is to be held responsible in case the boat is confiscated due to illegal activities of the vessel. In case of damage and/or accident, the client is obliged to record the course of events and request a written certification from the nearest Harbour Master Office, doctor or other authorized persons. The client is also obliged to inform the charter company, CCY and any other relevant persons on these and/or similar events. The client is obliged to daily check the engine oil level. If it is determined that there is damage incurred to the engine due to a lack of oil in the engine, the customer has to pay the costs of the damage. The client agrees that it is able to manage the ship and that it has all the necessary documents, and if it is not the case, then it agrees to rent a skipper; it further agrees not to hand over the vessel to a third party; not to use the boat for the transport of people or goods for commercial purposes; it will not have on board more people than it has been confirmed in the list of the crew; it shall be responsible for crew members; It will keep a list of the crew and other documents on board during navigation; it will not participate in regattas without the prior written consent of the charter company; it will not operate the boat under the influence of alcohol and/or drugs; it will carefully plan the route of navigation so that two days before returning to a home port it is in its vicinity; it will not embark pets on board without a prior approval from the charter company; it will comply with all the regulations and good practices and customs in navigation.

5.Insurance and Deposit

All vessels are covered by hull insurance. The insurance policy covers both the passengers insurance and the insurance towards the third parties. Personal property of passengers is not covered by insurance. The damages which are caused by carelessness, negligence or intentionally by the customer are not covered by the insurance. Before taking over the vessel, the client is obliged to leave a security deposit to a charter company. Security deposit varies and it is calculated in accordance with the value of the vessel. Security deposit can be settled in cash or with a credit card and it will be returned to the client after the client returns the boat in the same condition in which it took it from the charter company. If the damage occurred on board, or some equipment on board is missing, then the deposit will be used for the transaction fee of damages in the same amount as the damage cost. The remainder will be returned to the client. If fuel tanks are not during the returning of the ship, the full amount needed to replenish the fuel tanks will be deducted from the deposit, plus the cost of filling. If the skipper or hostess, .. etc, are not paid the agreed amount, then it will be done from the deposit. Damages which amount to the amount of the deposit shall be paid from the deposit, and damages that are above the amount of the deposit shall be paid from the deposit and insurance.

6. Check-in / Check-out

The handover of the vessel shall be carried out on Saturdays in the afternoon. The client is required to submit to the charter company a voucher or invoice with all the data of the client, and all documents for navigation. The vessel must be provided with full water and fuel tanks. During the proceedings of delivering the vessel, a client is is obliged to inspect the vessel and equipment together with a representative of the charter company and confirm the condition of the vessel with its signature. Subsequent complaints will not be accepted. The client is obliged to return the vessel to the charter company at the agreed time and at the appropriate place. The usual time of returning the vessel is on Saturday mornings. The vessel must be clean, undamaged and the fuel tanks must be full. If the client does not return the vessel to the charter company at the right time and the right place, the client agrees to pay the amount of the daily rental rate for each day of delay, increased by 300%. The delay is charged per hour. The delay can be justified in cases of force majeure, provided that the client immediately notifies the charter company. Items from the inventory list must be checked, as well as the fuel tank. If the tank is not full, the client must pay the cost of the missing fuel plus the refueling of the tank. In the case of the missing inventory or damage incurred to the vessel, the charter company will charge the amount from the deposit, and the remainder will be returned to the client. The client is obliged to return the vessel with the empty septic tank, which it is required to empty at the open seas. If the vessel is not returned to the base of the charter, the client is required to pay all costs for the transfer of the vessel to the base of the charter, and the costs of delay which may have been incurred. It is recommended that the vessel be at an appropriate location near to the base of the charter, over the last 24 hours. The client who wants to prolong its stay on board for whatever reason shall notify the CCY to check the further availability of the vessels and to provide the necessary documentation.

7. Cancellation Service

If the client for any reason gives up the charter services, it must do so in writing by e-mail or by mail. Date when CCY receives a written notice of cancellation is used to calculate the cancellation costs. If it is possible and acceptable for the charter company, the CCY will in agreement with the charter company and a client try to reduce the amount of money paid after calculating the cancellation fees as follows: If the client cancels the lease in a period of 0-30 days before the start of service use, the client will be charged the cost of cancellation in the amount of 100% of the total price. If the client cancels the lease in a period of 31-60 days before the start of service use, the client will be charged the cost of cancellation in the amount of 50% of the total price. If the client cancels the lease for more than 60 days before the start of the service use, the client will be charged the cost of cancellation in the amount of 40% of the total price. A manipulative fee may be charged for refunds. If the client cancels the rental service, it may, with the prior agreement with the charter company and CCY, look for another person to take over its rights and obligations. In this case, the cancellation costs are not charged. If the client fails to find another person, the cancellation costs shall be charged as described above. In the event that a client due to objective reasons (death in the immediate family, accidents resulting in serious bodily injury, sudden acute illness which requires urgent medical care, complications during pregnancy, military exercise etc.) cancels the rental, the amount paid will not be returned, but the user of the service is allowed to use the same amount in the next period of the current or next year. The client is required to provide credible documentation (proof) for this. The CCY is not responsible in case of changes and non-use of the reserved services or part of services caused by force majeure (war, riots, strikes, terrorist attacks, sanitary problems, natural disasters, local authorities, etc.). The CCY and charter companies reserve the right to change the reserved vessel in the event that the already reserved boat is damaged due to unforeseen circumstances, for example, natural disasters, previous accidents at sea, the great failure and the like. In this case, the CCY and charter companies will provide a client with a vessel of equal or better specifications. The client can, in agreement with the charter company and with CCY, change the booked date if there are objective reasons for that. It is possible to change the booked date only once if there are objective reasons for that.

8. Crew

If the client decided to hire a crew (skipper, hostess, chef, ..etc), it is obliged to treat them in the best possible way. The client is obliged to provide food for the crew, unless agreed differently. In the case of hiring crew, the vessel must be returned to the base on the last night in the period of the lease (Friday), at 18:00 hours, at the latest.

9. Complaints

If a client has a complaint during the takeover of the vessel, it should inform the Charter Company and CCY about it. Only the objections and complaints presented in writing will be taken into consideration. All complaints for the duration of the charter shall be settled by agreement if possible. If not, then they will be settled at a competent court according to the seat of the Charter Company and/or CCY.