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GENERAL CHARTER CONDITIONS OF TORETE

 

1. RATES
The rate includes the use of the vessel equipped with charter equipment specified in inventory list. Price does not include harbour and other charges, or charges for fuel.
2. TERMS OF PAYMENT
The chartered vessel, fully equipped, can only be used after the payment has been fully made. 50% of the payment has to be done no later that 1 week after the booking date, final payment has to be done latest 4 weeks before the charter date.
 

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 VESSEL
The Charter Operator shall deliver a fully outfitted vessel in agreed time (from 17.00 till 20.00 hours) with the fuel tank(s) filled up and in a faultless condition and expects the vessel to be returned in the same condition. Should for any reason whatsoever the Charter Operator not be able to deliver the booked vessel at the agreed place and time, the Charter Operator shall prepare at least an equal vessel. 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 vessel (Check-in), the Charterer shall check and carefully inspect the condition of the vessel and equipment in conformity with an inventory list. Certain complaints should be communicated before the journey start. Any latent defects to the vessel or equipment that the Charter Operator could not be aware of at the time of delivery of the vessel as well as any defects that might occur 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 vessel at agreed place in agreed time, the Charterer shall contact the Charter Base Manager in order to obtain instructions. In case of a delay due to bad weather conditions, the Charterer shall bear 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 home port in the evening of the day before the vessel is to be returned.
 

5. DEPOSIT
A deposit in accordance with the applicable rates shall be paid on delivery of the vessel and shall be refunded without deductions provided the vessel is returned undamaged and in time. A deposit shall be paid in case the vessel is chartered with a skipper as well. In case of damage to or loss of one or several parts of the vessel, the Charterer shall bear all the costs.
 

6. INSURANCE
The vessel is insured against third party damage (compulsory insurance) and covered by a comprehensive insurance amounting to the value of the craft. In case of any accident or malfunction/damage while sailing no repair shall be undertaken without prior consent or instructions being given by the Charter Operator. In case of a major accident as well as in case of another vessel being involved, the accident shall be reported to Charter Operator and to the competent harbour authorities and a report shall be made for the insurance company (course of events, photos, 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 are 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 vessel in Croatian waters only. Any exceptions shall require a special certificate or permit. The Charterer shall not have the right to subcharter the vessel or to hand it over to a third party, to carry more people that indicated 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 vessel on the open sea that includes operation of a radio station (show at check in) and issued by state authorities. In the event that the Charterer brings a dog aboard, the Charterer shall inform the Charter Operator of it in advance and shall pay extra cleaning costs in amount of 50% of price of the Transit log.
 

8. RETURNING OF THE VESSEL
The Charterer must return the vessel according to the charter contract with full tank(s) of fuel and with equipment in order as stated on the check list. The Charterer is liable to return the vessel in time. The trip timetable must be planned that the vessel 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. Charter Operator is not responsible for Charterer's personal belongings forgotten or abandoned on board.
 

9. COMPLAINS
Any complains shall be made in writing and signed by both parties immediately upon return and delivery of the vessel.
 

10. ARBITRATION
Any litigation arising herefrom that shall not be settled by agreement shall be settled by a court in Zadar having  jurisdiction of the Charter Operator.
Zadar, January 2013


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