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1. RATES
The rate includes the use of the craft of Torete fleet. The rate
does not include harbour and other charges, or charges for fuel.
2. TERMS OF PAYMENT
The chartered craft, fully equipped, can only be used after the
payment has been fully made.
3. TERMS OF CANCELLATION
Should the Charterer for any reason whatsoever cancel the Charter,
the Charterer can after making a prior agreement with the Charter
Operator find another person to take on its rights and obligations.
Should the Charterer fails to find a third party to replace him/her,
the cancellation costs shall be deducted from the prepayment as
follows:
· 100 % of the charter price in case of cancellation within 1 month
before the charter date;
· 50 % of the charter price in case of cancellation within 2 months
before the charter date;
· 25 % of the charter price in case of cancellation within 3 months
before the charter date.
4. DELIVERY OF THE YACHT
The Charter Operator shall deliver only a fully outfitted craft with
the fuel tank(s) filled up and in a faultless condition and expects
the craft to be returned in the same condition. Should for any
reason whatsoever the Charter Operator not be able to deliver the
booked craft at the agreed place and time, the Charter Operator
shall prepare at least an identical craft. Should that not be
possible, the Charterer can be offered as follows:
· the Charterer's costs during the waiting period shall be paid by
the Charter Operator;
· the Charter Operator shall provide an adequate accommodation
during the waiting period;
· after a period of 24 hours during which the Charter Operator has
failed to fulfill its obligations, the Charterer shall have the
rights to cancel the charter and to be refunded the total of all the
payments made.
On taking over the yacht, the Charterer shall check and carefully
inspect the condition of the craft and equipment in conformity with
an inventory list. Any latent defects to the craft or equipment that
the Charter Operator could not be aware of at the time of delivery
of the craft as well as any defects that might occurs after delivery
shall not give the Charterer any right to price reduction.
Should for any reason whatsoever further sailing become impossible
or should it become clear that the Charterer will not be able to
return the craft by due date, the Charterer shall contact the
Charter Base Manager to obtain instructions. In case of a delay due
to bad weather conditions, the Charterer shall bare all the costs
resulting from the delay for Charter Operator.
Therefore we strongly advise that the Charterer schedules the route
very carefully and returns to the marina in the evening of the day
before the craft is to be returned.
5. DEPOSIT
A deposit in accordance with the applicable rates shall be paid on
delivery of the craft and shall be refunded without deductions
provided the craft is returned undamaged and in time. A deposit
shall be paid if the yacht is chartered with a skipper as well. In
case of damage to or loss of one or several parts of the craft, the
Charterer shall bare all the costs.
6. INSURANCE
The craft is insured against third party damage (compulsory
insurance) and covered by a comprehensive insurance amounting to the
value of the craft.
If the Charterer has an accident while sailing and the Charterer is
not liable to pay for the damage (in case of normal wear and tear or
in case the damage exceeds the sum insured), no repair shall be
undertaken without prior consent (instructions) being given by the
Charter Operator or the Charter base Manager.
In case of a major accident as well as in case of another craft
being involved, the accident shall be reported to the competent
harbour authorities and a report shall be made for the insurance
company (course of events, damage). Should the Charterer fails to
fulfill all his/her obligations, the Charterer can be held liable
for the damage incurred in full.
Damage to sails is not covered by the insurance and the costs shall
be paid by the Charterer. This shall apply to any damage to the
engine(s) as well resulting from lack of oil in the engine. The
Charterer shall check the engine oil level daily. The Charterer's
personal belongings and the crew is not covered by the Charter
Operator's insurance. We advise that the Charterer buys a separate
insurance.
7. OBLIGATIONS OF THE CHARTERER
The Charterer shall use the craft in Croatian waters only. Any
exceptions shall require a special certificate or permit. The
Charterer shall not have the right to subcharter the yacht or to
hand it over to a third party, to carry more people that showed in
the crew list, to sail at night under uncertain weather conditions
or to violate public rules, regulations and laws. The Charterer
shall be fully liable for any consequences of the aforesaid
violation. The Charterer or skipper hereby declares to hold the
required licence to operate the craft on the open sea that includes
operation of a radio station. Pets are welcome on board but
Charterer pays additional 50 % of the price of the Transit log.
8. RETURNING OF THE YACHT
After termination of the charter trip the Charterer must return the
craft with full tank of fuel with equipment in order as stated on
the check list. The Charterer is liable to return the yacht in time.
The trip timetable must be planned that the yacht can reach the home
port on time independently of the weather conditions. In case of
delayed return Charter Operator must be informed. The charterer will
be charged for each full delayed hour of return with 2 % of the
corresponding weekly charter rate.
9. COMPLAINS
Any complains shall be made in writing and signed by both parties
immediately on return and delivery of the craft.
10. ARBITRATION
Any litigation arising herefrom that shall not be settled by
agreement shall be settled by a court at Zadar having jurisdiction
of the Charter Operator. |