Please have in mind that there are some differences between arranging bareboat, skippered or crewed yacht charter. Therefore, each of your requests will have specific arrangement.
TERMS OF BUISINESS
1. INTRODUCTORY PROVISIONS
These terms and conditions regulate the rights and obligations between the customer of the service (hereinafter: the Client) and the service provider www.adria-cruising-gulet.com (hereinafter referred to as: ACG) as an agent between the Charter Company and the Client.
ACG advertise different vessels on its website. On Client's request ACG passes the Terms and conditions for renting or chartering selected vessel, which are actually the Charter Company's or Charter Owner's terms.
Upon concluding a business contract between ACG and the Client, these Terms of Business and Privacy statement represent its constituent part. By making an advance payment, the Client confirms that he / she is familiar with the Terms and conditions of operation and the Privacy statement and accepts them fully, and thus mentioned payment is considered to be an act of concluding a lease or accommodation agreement on the vessel.
2. RESERVATION AND PAYMENT
Communication between the Client and ACG is mostly via e-mail. After ACG receives a reservation request, ACG provides the Client with all information for a specific vessel that are relevant for conclusion of booking i.e. advance payment.
The Client makes an advanced payment by bank transfer on ACG account within 3 days of sending the payment information. Upon receipt of the advance payment, ACG sends the reservation confirmation electronically to the Client. The advance payment is 50 % of rental or charter price.
The remaining 50% is to be paid the same way at least 6 weeks before the start of charter/lease period. The Client shall bare all bank charges that arise at the moment of payment and is obliged to settle the whole amount of the contract fee on the account of the ACG. After receiving the total amount of contract fee ACG electronically sends to the Client a Voucher with all the necessary information that the Client will present in the charter base in order to take over the vessel.
The payment deadlines for the ‘last minute’ discount offers can be determined differently.
Charter or rental rates are published in EUR at current Charter companies' prices and include VAT.
The above mentioned prices include: accommodation on technically correct and clean vessels with full fuel and water tanks, use of all equipment on board, boat and crew insurance against accidents, permission to sail in the Republic of Croatia.
The price does not include harbour and other taxes in marinas and ports, sojourn tax, fuel costs, car parking, as well as crew members’ health insurance. Certain vessels can have obligatory payment for additional facilities, security deposit, extra crew members (skipper, hostess, …). Detailed information will be provided to the Client for a specific vessel.
Upon making a reservation the Client is obliged to provide a valid skipper's license and VHF permit, or request a skipper service. If the Client desires additional crew members (hostess, chef, …) he/ she should state that upon booking process.
3. OBLIGATIONS AND RESPONSIBILITIES OF THE CHARTER COMPANY
The Charter company undertakes to provide to the Client clean vessel in technically correct condition and with the complete equipment included in the price, and with full fuel and water tanks.
If for any reason the vessel is not secured for the Client, then the client has the right for money refund from the Charter company for those days he/she was unable to dispose of the vessel. In mentioned case, it is a practice that Charter company secures for the Client a replacement vessel at the agreed time and place, which is the same or higher standard of the previously reserved vessel. If the Charter company does not provide a replacement vessel, then the Client is entitled to terminate the contract and to have a refund from the Charter company. The customer has the right for refund only of the money paid, all other rights are excluded.
If during the charter period the vessel or its equipment are damaged due to natural disasters, the Client is obliged to contact the Charter company. Charter companies are obliged to rectify the defect as soon as possible, usually within 24 hours. In this case, the Client is not entitled to compensation for damages.
4. OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT
The Client is obliged to deliver to ACG completed crew list at least 14 days before the beginning of the charter. The Client is obliged to pay a sojourn tax in marina in charter base after confirming the charter list.
The Client is obliged to abide by all applicable laws, regulations and customs related to navigation on the sea, and to take forehand actions regarding meteorological warnings. The Client is obliged to sail only in Croatian territorial waters. If the Client wants to leave Croatian territorial waters, he must obtain a special written approval.
Any damage of the vessel made during rental/charter period the Client is obliged to report to the Charter company without the delay. In case that Client's negligence/inobservance causes damage on the vessel, including the underwater part, the Client will bear the cost of the repair. In case that Client's negligence/inobservance in managing the vessel resulted in third person damage, and which is not covered by insurance, the Client is obliged to cover the all material, legal or other costs that may arise as a result of such negligence/inobservance.
The Client is obliged to have a valid skipper's license and VHF, to adhere all navigational regulations and customs, not to hand over the vessel to a third party, not to use the vessel for the carriage of persons or goods for commercial purposes, that there will be no more persons on board than confirmed in the crew list, not to operate the vessel while affected by alcohol or drugs, to plan the sailing routes in the way that the day before the return of the vessel to agreed place it will be in its vicinity.
5. INSURANCE AND DEPOSIT
All the boats are covered by insurance. The insurance policy covers passenger and third party insurance. Personal property of passengers is not covered by insurance. Damage resulted from negligence, inobservance or intention on the part of the Client is not covered by the insurance.
Prior to the takeover of the vessel, the Client is obliged to leave the security deposit with the Charter company. The security deposit varies and is calculated according to the value of the vessel. A security deposit can be settled in cash or credit card and will be returned to the Client after the Client returns the vessel in the condition it has been taken.
If damage to the vessel has occurred, or some equipment on board is missing, then the deposit will be used to claim damages in an amount equal to the damage. If the fuel tanks are not full when handing over the vessel, the Client will be charged for the missing fuel together with the tank refill service. This amount could be subtracted from the deposit. If a skipper or a hostess, etc., is not paid in the agreed amount, this may be paid from the deposit. Mentioned costs are deducted from the deposit and the rest is to be returned to the Client. In case that the damage is higher than deposit amount, the Client oblige to recompense entire amount.
6. CHECK IN / CHECK OUT
Usually the vessel is delivered on Saturdays in the afternoon. The boat is hand over to the Client with full water and fuel tanks. When returning the ship, the Client is also required to make sure that fuel tanks are full. During the vessel transfer procedure, the Client is obliged to inspect the vessel and equipment together with the representative of the Charter company and confirm the vessel status with his signature. Subsequent complaints will not be accepted.
The customer is obliged to return the vessel to the Charter company at the agreed time and at the appropriate place. The usual vessel return time is Saturday morning. It is Clients obligation that the boat is returned clean, undamaged and with full fuel tanks. In case the Client does not return the vessel to the Charter company at the agreed time and place, the Client agrees to pay the daily rent rate for each day of delay increased by 300%. The delay is charged per hour. The delay may be justified in case of force majeure, provided that the Client immediately notifies the Charter company. It is recommended that, during the last 24 hours of the charter period, the vessel is at appropriate nearby location of the agreed place of the return.
In case that the fuel tanks are not full when handing over the vessel, the Client will be charged for the missing fuel together with the tank refill service. In case of missing inventory or damage to the vessel, the Charter company will be paid from the amount of the deposit, and the remainder, if there is any, will be returned to the Client. The Client is obliged to return the vessel with a vacant septic tank, which is required to be emptied in the open sea. If the vessel does not return to the charter base, the Client is required to pay all the costs for the transfer of the vessel to the charter base, and any delay costs that may arise.
7. CREW
If the Client has decided to engage the crew (skipper, hostess, chef, …), he / she is obliged to treat them in the best possible way. The Client is obliged to provide food for the crew, separate cabin and intterupted rest.
In the case of engagement of a crew member, the vessel must be returned to the base the last night during the rental period no later than 18:00 h (usually on Friday evening).
8. CANCELATION
If the Client for any reason renounces the charter/rental service, it must be done in writing (by e-mail or by mail). The date ACG receives a written notice of such cancellation is the base for calculating the cancellation costs.
Client's cancellation in period:
-from 0 to 30 days before the beginning of the service, means that the Client will be charged for cancellation cost in the amount of 100 % of contracted price
-from 31 to 60 days before the beginning of the service, means that the Client will be charged for cancellation cost in the amount of 50 % of contracted price
-longer than 61 days before the beginning of the service, means that the Client will be charged for cancellation cost in the amount of 30 % of contracted price
If the Client terminates the rental/charter service he may, by prior arrangement with the Charter company and the ACG, seek another person who will assume his rights and obligations. In case of such replacement, the cancellation costs are not charged.
In case the Client cancels the services for objective reasons (death in the immediate family, case of severe bodily injury, sudden acute illness for which indisputable medical care is provided, pregnancy disturbances, military exercises, etc.) the paid amount will not be returned, but the Client will be given the possibility to use that amount within the period of one year (later period the same season or earlier period the next year). The Client is obliged to present credible documentation as a proof for cancelling the service. Taking a travel/charter cancellation insurance policy is recommended to the Client.
ACG excludes any liability in the event of changes or failures to perform contracted services or parts of services caused by force majeure (war, riots, strikes, terrorist actions, sanitary disturbances, natural disasters, intervention by competent authorities, etc.).
ACG and Charter company reserve the right to change the booked vessel in case the vessel already booked is damaged due to unforeseen circumstances, e.g. elemental disasters, previous accidents on the sea, major failure etc. In that case ACG and Charter company will provide the Client with a vessel of same or better specifications.
9. COMPLAINTS
If the Client has a complaint during the takeover of the vessel, he / she must inform the Charter company and ACG. Only objections and complaints made in writing will be taken into consideration. All objections during the Charter period will be settled by agreement if possible. If not, the Court of Charter company will have jurisdiction on this matter with application of the valid national law.
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