1. PRICE OF BOAT CHARTER SERVICES
The defined price for boat rental services refers to the use of accommodation on the vessel. The price does not include fuel costs.
2. PAYMENT TERMS
Vessels that provide boat rental services can only be used after payment has been made. 50% of the price of the boat rental service is paid upon reservation, while the remaining amount must be paid no later than 40 days before the start of the boat rental service; or in another way if so defined in the contract or invoice. All additional services, as well as the deposit payable according to the price list, must be paid upon boarding to the vessel at the base.
3. CANCELLATION CONDITIONS
If the service user cancels the use of the boat rental service for any reason, they may, with prior agreement with the service provider, find another person to take over their rights and obligations. If they fail to do so, a cancellation fee will be charged as follows:
– for cancellation up to 40 days before the start of the boat rental service – 50% of the agreed price
– for cancellation within 40 days before the start of the boat rental service – 100% of the contracted price
– no-show or no cancellation within 24 hours before the start of the boat rental – 100% of the agreed price plus cancellation fee
If the service user cancels the boat rental service for the stated reasons (death in the family, serious injury, war), they will not receive a refund of the money they have already paid. Instead, the service provider will provide them with another reservation of the same value during the period when the boat is available in the current season or in the following season. In the event of any price differences, the contracting parties will agree in writing on the payment, which means that a credit authorization will be calculated that can be used within the agreed period.
The credit is calculated taking into account the difference between the cancelled reservation and the subsequently confirmed reservation on the same vessel and on the same date.
4. HANDING OVER OF THE VESSEL UPON BOARDING
The service user is required to complete the online crew list prior to arrival at the base, which will be sent together with the boarding pass. The service user must have a valid boarding pass, complete the crew list in advance, and pay the reservation fee in order to be allowed to board the vessel.
The service provider is obliged to return the vessel in good condition and equipped in accordance with Croatian laws and the vessel checklist. The vessel must be returned with a full fuel tank, at the agreed place and time specified in the price list, or as otherwise agreed with the service user.
If the service user does not pick up the vessel or does not inform the service provider of any delays 24 hours before the agreed rental, the service provider is authorized to terminate the reservation agreement.
If the service provider is unable to make the reserved vessel available to the service user at the agreed time and place for any reason, the service provider may prepare another suitable vessel within 48 hours. In the event that the service provider does not provide the aforementioned replacement vessel within 48 hours, the service user may cancel the vessel use service and is entitled to a refund of the money paid for the charter services. However, the service user is not entitled to any compensation for damages (e.g. reimbursement of travel expenses for arriving at the base, compensation for lost time, etc.).
When handing over the vessel, the service user is obliged to carefully inspect the condition of the vessel and its equipment on the checklist. All defects observed during this inspection must be entered on the checklist and confirmed by the service provider and the service user. By signing the checklist, the service user confirms that he has taken over the vessel with all the specified equipment and in good condition, and that he accepts the vessel in its “as is” condition and assumes full responsibility for it. Any latent defects of the vessel or its equipment that the service user could not discover during the handover, as well as defects that occurred after the handover, do not entitle the user to a reduction in the price of the accommodation service.
If the service provider/vessel operator determines that the service user does not possess the necessary skills to operate the vessel, the service provider reserves the right to prohibit the vessel from leaving the base. In such a case, the service provider will provide the vessel with a skipper for the remainder of the charter (for a fee).
5. HANDING OVER OF THE VESSEL UPON DISMANTLING
The time of handover of the vessel upon return to the base is defined in the reservation confirmation. In agreement with the service provider, the service user can determine a different disembarkation time. The service user is obliged to return the vessel in good condition (empty the ship of garbage) and with a full fuel tank.
For intentionally leaving mess and trash on the ship, the service provider has the right to charge the service user additional cleaning in the amount of the transit log (can be charged from a deposit, in cash or by manual entry from a credit card at the POS terminal).
If the service user handles the vessel after the rental has ended and spends the night on the vessel, and then it is determined that something is broken on the vessel or that something is missing from the vessel (equipment, etc.), a clogged black tank, etc., the service user has the right to charge the user for damages (from the deposit, in cash or by manual entry from a credit card at the POS terminal).
The service user is obliged to inform the service provider of any defects on the vessel. The service provider is obliged to inspect and take over the vessel and inform the service user of any defects or damage not reported on the checklist.
The Service User is not liable for any malfunctions or damage to the vessel that occur due to regular wear and tear of the equipment or as a direct result of the defects listed in the checklist or as a result of force majeure (e.g. lightning strike). The Service User is obliged to fully cover all other damages in accordance with Article 7 of these Terms.
If for any reason it is not possible to return the vessel at the agreed time, the base manager must be informed. In the event of a delay in returning the vessel due to bad weather, the service user will bear all costs incurred by the service provider due to this delay.
For this reason, all service users are advised to plan a safe journey. Service users must return to the marina in the evening hours of the day before disembarkation, unless otherwise stated in the rental agreement (short or extended rental terms).
6. INSURANCE
Each vessel is insured with mandatory insurance against damage caused to third parties, voluntary insurance against damage caused to property owned by third parties, comprehensive insurance according to the declared value of the vessel, and insurance of guests and passengers on the vessel against accidents. Comprehensive insurance covers damages exceeding the amount of the deposit, except for damages caused intentionally or through gross negligence. The insurance is determined in accordance with the conditions established by the insurer with whom the lessor insured the vessel.
The property of the charterer and passengers on the vessel is not insured. The charterer and passengers do not have health insurance.
The lessee must immediately report any damage to the vessel, part of the vessel or equipment, as well as any loss of part of the vessel or equipment to the lessor. In the event of major breakdowns and maritime accidents, as well as when multiple vessels or persons are involved in the damaging event, the lessee is obliged to report the event to the competent harbour master’s office and carry out the entire procedure in accordance with the instructions of the competent authority and the lessor, and collect all necessary documentation for exercising rights from the insurer.
For damages covered by the insurance policy, which were not immediately reported to the lessor, the competent authorities, and the insurer, as well as damages for which all necessary documentation was not obtained, which is why they were not recognized by the insurer, the lessee bears full and exclusive responsibility.
If the vessel or part of the vessel is damaged, the lessee is obliged to bear the costs in accordance with the existing comprehensive insurance conditions only up to the amount of the deposit. If the vessel, part of the vessel or equipment is damaged or lost due to the intentional act of the lessee or passengers, or due to their gross negligence, then the lessee shall bear the full amount of the damage.
Engine damage caused by lack of oil in the engine is not covered by insurance and all costs and damage resulting from lack of oil in the engine are borne by the lessee.
7. DEPOSIT
When handing over the vessel, a deposit must be paid according to the current price list. The purpose of this deposit is to cover damages caused by any harmful event that occurred during the use of the vessel. The amount of the deposit is stated on the checklist, and signing the checklist upon taking over the vessel is considered confirmation of payment. By signing the checklist, the service user accepts the obligation to pay for all damages and defects that occurred during the use of the vessel.
The service provider will charge for any defects or damages by deducting the actual cost of the damage from the deposit amount. If it is not possible to determine the amount of the damage, the service provider has the right to retain the full amount of the deposit until the cost of the damage is determined. If another vessel was involved in the damage, the service provider has the right to retain the full amount of the deposit until liability is determined.
The deposit is fully refunded if the vessel is returned undamaged and at the agreed time.
A deposit must also be given if the service user decides to hire the services of a skipper. In the event of gross negligence and/or loss of one or more parts or equipment of the vessel, all costs are borne by the service user.
If damage to the vessel is determined, the service user agrees that the service provider will collect such damage by deducting the amount of the damage from the deposit received, or by manually charging the resulting damage at the POS machine. For this purpose, the service user agrees that his personal documents and credit card will be copied if the deposit was paid via POS machine authorization.
The service provider advises service users to secure their deposits with their agents, or to secure their deposits with the service provider in the database, in accordance with the price list valid on the day the policy is concluded.
The deposit can be paid in cash, by credit card or by deposit insurance.
Deposit insurance does not cover: fuel.
8. OBLIGATIONS OF THE SERVICE USER
The service user undertakes to sail only in Croatian territorial waters. Exceptions to this rule can only be made with a special certificate or permit. It is not permitted to rent the vessel or hand it over to a third party. It is also prohibited to board more people than stated on the crew list, sail at night in uncertain weather and violate legal regulations and provisions. The service user bears full responsibility for the consequences of the above actions. The service user, or the vessel operator, must have the necessary permit for sailing on the high seas.
In the event of any malfunctions on the vessel or its equipment, the service user is obliged to immediately notify the service provider by calling one of the telephone numbers listed in the vessel’s documentation.
The service provider undertakes to remedy the defect immediately upon receipt of the aforementioned notification. If the service provider manages to remedy the defect within 48 hours, the service user is not entitled to compensation for damages. If the vessel is no longer seaworthy through no fault of the service user, and the service provider is unable to remedy the defect or provide a replacement vessel within 48 hours, the service user may cancel the use of the vessel, in which case they are entitled to a refund corresponding to the length of use of the vessel prior to disembarkation.
If the vessel is seaworthy and the technical failure that has occurred does not require immediate intervention, the service provider will organize repairs as soon as possible or at the nearest service center.
If the service user damages the vessel or causes an accident that renders the vessel no longer technically functional and seaworthy, and the service provider determines that the vessel is no longer seaworthy, then the service user must disembark from the vessel at the service provider’s request and is not entitled to any compensation or replacement vessel.
The service user undertakes to notify the authorized authorities and the service provider if the vessel itself or any of its equipment disappears, if the vessel cannot be operated, or if the vessel is removed, seized or prohibited from sailing by a state authority or a third party. If the service user fails to comply with the above obligations, he/she shall bear full responsibility towards the service provider for any consequences.
If an accident or harmful event occurs while using the accommodation service, the service user is obliged to notify the service provider.
If the service user is able to repair the damage on site, regardless of responsibility for the damage, they are required to consult with the service provider beforehand.
If the service provider determines that the service user is unable to operate the vessel due to ignorance, alcohol, drugs, etc., the service provider may prohibit departure or, as a last resort, order disembarkation from the vessel and charge for any damage caused.
9. COMPLAINTS
The service user has the right to submit a written complaint. In the event that the complaint relates to financial claims against the service provider, only complaints submitted immediately upon return or disembarkation from the vessel will be taken into account.
10. ARBITRATION
If disputes arise that cannot be resolved amicably, the court of the service provider in Šibenik is competent.
The service user confirms that he has read the General Terms and Conditions for boat rental before making the first payment, and fully agrees with them.
