Charter conditions
The charter company is payable to provide the charter yacht at the agreed location on the agreed date in a sail-ready condition for the charterer. If, for some unforeseen reasons like a damage made during the previous charter, the charter company cannot provide the right vessel at the location, the company must provide the charterer with a yacht of similar length and berth size for charter, or refund fees to the charterer completely. In this case, the charterer doesn't need to make a claim for compensation. The amount of the refund is calculated with interest on a daily basis.
1. INSURANCE : The insurance is determined by the conditions stipulated by the insurance company with which the yacht is insured. The yacht is covered with Kasko deductible franchises up to the deposit amount according to the Price List for the current year, including damages from third parties. Damages covered by insurance which are not immediately reported to either Charteree or Insurance company, will not be acknowledged as per insurance policy. In that case the charterer is personally responsible for total damages as a result of not reporting of damages. Personal property of passengers is not covered with insurance and any damage incurred due to gross negligence, or with the plain intention by the Client, shall not be the subject to insurance compensation. Charges for purpose made damages are not limited by deposit.
2. CHARTER ZONE : The agreed charter sailing boundaries are within the Adriatic Sea. Sailing outside this waters requires written permission.
3. SAILING CONDITIONS : by signing the charter contract the charterer confirms that he displays all the required knowledge of seamanship and navigation to sail a yacht on the open sea. Otherwise he must appoint a captain for the vessel, who should sign the charter contract too. By signing the contract the charterer affirms that he is in possess of a sailing certificate and has the required level of seamanship skills. The charterer will be held responsible for making any false declarations. The charterer and vessel captain are completely subject to the terms of this contract.
4. SPECIFIC LIABILITIES OF THE CHARTERER :
the charterer is payable to maintain the yacht and fittings, and to abide by maritime regulations with good seamanship and sail only during safe weather conditions.
The charterer must never :
- run a commercial passenger transport service on the boat.
- hire out the yacht
- tow another craft except in emergency
- sail at night except in good visibility and always under good weather conditions.
The charterer must :
- regularly check the boat during the trip (engine, oil,...)
- The keeping of pets (dogs, cats, birds and similar) on the yacht is not allowed. The charterer is capable to keep the log-book in a simple form and register all defects , incidents and damages. After any accident he must make a precise detailed report as proof for the harbour master, doctor or experienced authority. Moreover, the charter company should immediately be informed in detail about any incident. The same applies to maneuvering capability, losses or seizure or obstruction by the authorities. If costs are incurred because of lack of respect for regulations, they will be borne by the charterer. The charter base must be informed in case the yacht should run aground in order to inspect a damage. In case of damage or injury, repair costs and medical expenses will be debited from the deposit. The costs of deliberate damage to the engine and rigging, loss of equipment etc.; cost of late return or replacement is also deducted from the deposit, however only by the amount of the excess of the comprehensive insurance. For any loss damage for which the exact cost cannot be assessed the charter company will retain an estimate of the costs for 30 days, after which the balance will be settled.
5. HAND-OVER OF THE YACHT : the yacht is delivered to the charterer with the full tank of fuel. The condition of the vessel, equipment and full inventory are verified by the charterer from the check-list and confirmed by his signature. Subsequent complaints by the charterer concerning the yacht's condition and equipment are not possible. Should the charter company not be able to correct any defect or damage, if only in part, the charterer can revoke the contract altogether, or request a reduction of the charter price.
6. RETURNING OF THE YACHT : after termination of the charter trip the charterer must return the vessel with the full tank of fuel with equipment in order as stated on the checklist. Every loss or damage will be paid in base on the check out.
7. LATE RETURN : The charterer is payable to return the yacht in time. The liability must be independently of the weather conditions. The trip timetable must be planned so that the yacht can reach the home port on time. However, if the yacht is not delivered in time, the charter company must be informed as soon as possible. Any additional costs must be borne by the charterer. For each full day overdue the charter company can claim double price for one day. The charterer will be held responsible for the late arrival. For each full hour over the charter period dead-line the charterer must pay 2 % of the corresponding weekly charter rate.
8. LIABILITIES OF THE CHARTERER AND CHARTER COMPANY : the charterer is payable to refund the charter company for any breach of contract arising from damage. As for any damage caused by the charter vessel to third parties because of mishandling or negligence, the charter company is free from liability to the charterer. Any demands by the charterer not settled immediately after returning the vessel must be settled within 14 days after the termination of the charter period. The details of the case must be confirmed in writing by both the charterer and charter company.
9. METHOD OF PAYMENT :
First instalment : payable when making the contract with the charter company.
Balance : payable at least 4 weeks before the charter period starts.
10. DEPOSIT : Before purchasing a boat, the client will resell the amount of the deposit in cash or by credit card (VISA/Master Card). After the accommodation is provided, the amount of the deposit will be refunded in full if no damages or loss of equipment have been observed. Otherwise, this deposit will be retained in the equivalent of the repair or purchase value of the damaged / lost equipment.
11. CHARTER CANCELLATION : Should the charterer wish to cancel the contract more than 2 months before the charter period beginning, cancellation fee is 30% from charter price. If the charterer wish to cancel the contract less than 2 months before the charter period beginning, cancellation fee is 50% from charter price. If the charterer wish to cancel the contract less than 1 month before the charter period beginning, cancellation fee is 100% from charter price, unless a substitute charter could be found. If the contract is terminated this fee must be paid not later than 15 days before the carter period begins. All payments are free of additional charges. All other pabipties to the charter company are than cancelled.
12. MISCELLANEOUS : Other agreements can only be made in writing. All questions of dispute should be amicably settled.
STUDIO TIM d.o.o.
Riva - Riva 14
Pula, Hrvatska