These general charter terms and conditions regulate the rights and obligations of the lessee (referred to hereafter as the "Client") and the lessor (referred to hereafter as the "Charter company"). Sails of Croatia - Barto d.o.o. is referred to hereafter as "Sails of Croatia" - "Agency-Mediator" . The Client accepts all rental conditions in his name on behalf of his crew. By making the first payment, the Client signals his agreement with all the regulations and conditions and acknowledges that making the first payment has the same significance as personal signature.
The price for yacht charter (accommodation rate) includes use of vassels and equipment according to the applicable Price list, bedlinen, auxiliary rowboat, gas, autopilot, GPS, usual services provided by the Charter company at the time of check- in and check-out ,mooring expences in the registry port. Yacht charter price (accommodation rate) does not include fuel, marina and mooring expenses in ports outside the registry port, port taxes and other fees. Additional services and extras for which an extra payment shall be done in accordance with the effective pricelist (e.g. transfers from the airport, auxiliary engine, spinnaker, gennaker, one-way deposits, skipper, hostess etc.) must be confirmed by both sides in writing not later than 7 days prior to the beginning of the charter date.
After the yacht charter reservation has been confirmed, which is valid only if provided in writting, the payment is to be made as follows:
Taking the boat into possession is effective once the payment in full has been completed.
If you fail to make the 50% advance payment to the scheduled date after the receipt of dunning letter sent by Sails of Croatia, the stated company shall be entitled to cancel the booking. Upon the payment of the 50% booking rate , the Client agrees to these General terms and Conditions for Onboard Accommodation Service and vessel features.
Should the Client request from Sails of Croatia to engage a skipper and/or a hostess, this should be specified when booking has been confirmed.
The copies of navigation licence and VHF certificate must be submitted at the time of booking, and the crew list will be required not later than one week before the commencenment of accommodation service. It will be useful to send the notice on the hour of arrival and the flight number should the Client arrive by plane one week before the commencement of the accommodation service onboard.
Tourist tax in the amount of 1,2 EUR per person/per day must be payed in cash after the confirmation of the Crewlist in the marina base.
If it is possible, and accepted by the Charter company, Sails of Croatia will try to return the part, or the whole amount of the money already paid, but Sails of Croatia reserves the right not to reimburse the money. Where a Client has insured himself for the hiring of a charter boat but has subsequently cancelled the boat hire for justified reasons the insurance company may offer the Client compensation. In the event of the Client's cancellation of the booked accommodation onboard due to any reason whatsoever, he/she shall be obliged to notify Sails of Croatia thereof in writing, and in respect, he shall be charged for amend as follows:
The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges.
Sails Of Croatia reserves the right to substitute a boat when the reserved boat is damaged due to unforeseen circumstances, e.g. natural disasters causing water damage, etc. In this instance, Sails of Croatia will provide a boat with an equal or better specification than the boat reserved.
This clause ceases to apply in the case of war, terrorist activities, natural and nuclear disasters or other unforeseen circumstances that could be defined as an Act of God. In this instance, Sails of Croatia is not obliged to pay compensation to the Client.
Should a cancellation of the yacht charter booking be done owing to the Act of God, i.e. objective reasons stated by Client (e.g. death in the family, serious health condition, serious accident, etc.) the amount paid must not be returned, but Agency-Mediator will make all possible efforts to negotiate with Agency that the first next suitable free appointment of the vessel shall be offered at Client's disposal. If Agency should approve a refund to Agency-Mediator, the same amount will be refunded to Client.
Should the Client request a change in the charter period of the booked vessel, and/or a change of the type of the vessel, Agency-Mediator reserves the right to charge for the cancellation of the original booking.
During the coronavirus pandemic, Agency shall give the yacht to the Client at his disposal for another free period of time in the following cases: if travel ban is applicable, if the Croatian borders are closed, if the borders of Clients country of residence are closed, if flights are completely cancelled. If the new charter period is in a higher pricing season, the charter price will be amended accordingly, and the price difference is to be settled by the Client. If the new charter period is in lower pricing period, the charter price will remain the same. Taking out of a travel/charter cancellation cost insurance policy is highly recommended and should be sourced by the Client!
Agency-Mediator will make all possible efforts to negotiate with Agency that the first next suitable free appointment of the vessel shall be offered at Client's disposal. The obligation of a Covid-19 test (PCR) before or after the trip is not a sufficient condition to benefit from a postponement. Likewise, disruptions related to transportation are not a sufficient condition to be postponed.
All vessels are covered with Kasko deductible franchises up to the deposit amount according to the Price List for the current year. The insurance policy covers Compulsory Passenger Insurance and Compulsory Third Party Insurance. 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.
A) Deposit - Before the delivery of the vessel, the Client is expected to pay the security deposit in cash or by credit card in HRK currency. The security deposit will be calculated in accordance with the length/value of the boat. After completing the accommodation of clients onboard, the security deposit shall be reimbursed in full, unless any damage on the vessel or damage or loss of any item of the vessel equipment has been found. Otherwise, the deposit shall be kept in the equivalent value of the repair or the purchase value of the damaged and/or lost equipment. Should the boat not be returned in a clean and tidy condition, cleaning fees will be deducted from the security deposit. Should the fuel tanks not be full, the amount required to fill the fuel tanks will be deducted from the security deposit. Should the crew (skipper, hostess, cook etc.) not be paid in full amount, the amount needed will be deducted from the security deposit. If a skipper is engaged by Sails of Croatia, the Client will be required to pay the security deposit. In that case, the paid deposit cannot be used to cover any damage incurred due to the skipper’s negligence and poor navigation of the vessel and equipment. For regattas will be charged double deposit price.
B) In the case of more serious accidents and where other boats are involved, the Client is obliged to report such cases to authorized persons at the nearest Port Authority Office and obtain all documentation that the insurance company deems necessary. The documentation shall contain all relevant information regarding the causes of the accident and conditions prevailing at the time of the accident. The Client is obliged to inform the Sails of Croatia and Charter company immediately of any such events. If the Client fails to take the aforementioned steps, he will be held liable for all damage arising from the non-reporting or late reporting of the incident.
The vessel delivery takes place on Saturday usually from 3-5 pm.
The Client shall deliver a verified original voucher or invoice with all the Client's data and the accommodation service period along with the original navigation license, i.e. the VHF certificate to the Charter Agency. The vessel must be delivered with full fuel and water tanks and it is expected to be returned in the same condition as first delivered. During the vessel delivery procedure the Client will be required to inspect the inventory along with the representative of Charter Agency and confirm the condition of the vessel with his signature (Skipper does that if booked). The same procedure shall be referred to the devices onboard. Any subsequent complaints will not be accepted, provided that the good working order and the full equipment of the vessel have been established and signed during delivery procedure. Any possible concealed defects or deficiencies of the vessel, which could not have been expected by Charter Agency., shall not entitle the Client to claim for the reduction of the accommodation rate.
Redelivery of the vessel takes place on Saturday not later than 8-9 am. In the event of racing regatta charter, the redelivery shall take place not later than on Friday at 6 pm. In case of hiring any members of the crew (skipper, hostess...), the boat must return to the base on the last night of the charter period (Friday), not later than 6 pm.
At the time of redelivery of the vessel, the items of the inventory list must be checked as well as the fuel tank. The Client agrees to submit the bill of the last tank filling service.
If the fuel tank is not full, the Client shall be charged for the missing fuel enlarged for the tank filling service, and for a damage up to the sum of the security deposit, if any have been found during the vessel inspection. Otherwise, the security deposit shall be returned to the Client. The Client is obliged to return the vessel with emptied septic tanks.
If the vessel is not returned to the agreed destination port, the Client shall pay all the costs for the vessel transfer to the destination port designated hereunder and the penalty, as prescribed, for any delay that may have been incurred.
Any delayed redelivery of the vessel due to weather conditions shall not be acknowledged, for it is necessary to keep the vessel during the last 24 hours of the accommodation service period at an adequate distance from the charter base. Any delay longer than 1 hour shall be charged as well as any costs resulting from the inability to deliver the vessel on time to the following Client.
The Client wishing for any reason whatsoever to extend the stay onboard must notify Sails of Croatia thereof in order to check out the further availability of the vessel for accommodation and to obtain the necessary documentation (charges for additional days, crew list extensions, registration of foreign nationals at the Police Dept., Tourist Board, etc.).
Should the Client wish to undertake sailing out of the boundaries of the territorial waters of the Republic of Croatia, he shall be required to inform Sails of Croatia thereof as soon as possible in order to to ensure an additional vessel. The Client shall be charged for the said costs and expenditures. All damages to the underwater section caused by the Client's gross negligence or reckless conduct will be repaired at the Client's expense.
If the Client has chosen to hire any members of the crew (skipper, hostess, cook etc.), the Client is obliged to treat them well and with respectful manners. The Client is obliged to provide provisions for the crew (Breakfast, lunch and dinner). In case of hiring any members of the crew, the boat must return to the base on the last night of the charter period (Friday), not later than 18:00 hours.
The Client undertakes:
The Charter company agrees to provide the Boat to the Client in full commission and in proper working order, with a full complement of equipment, inclusive of that required by the Specification on these pages. The boat must be in immaculate condition, with the water and fuel tanks filled. It should be delivered at the agreed time and with all necessary documentation. If, for any reason, the Charter company does not fulfill the afore mentioned conditions, the Client has a right to reimbursement for all days when he was unable to use the boat. Also, if it is impractical for the Charter company to place the reserved boat at the Client's disposal at the agreed time and in the agreed place, the Charter company is obliged to ensure that a substitute boat is available with the same or better specification than the one reserved. If the Charter company is unable to provide a substitute boat, the Client has the right to cancel the contract and request reimbursement of the whole rental amount or part of the amount for those days when he was unable to use the boat.
The Client has a right to reimbursement only of the paid rental amount. All other rights are excluded. If the boat or its equipment is damaged due to natural causes, the Client is obliged to contact the Charter company immediately. The Charter company is obliged to rectify any damage to the boat within 24 hours. In this instance, the Client has no right to any reimbursement.
If the Client and his crew have any complaint during the boat chartering period, they should inform the Charter company and Sails of Croatia about it who will endeavor to resolve any problems. Only objections and complaints presented in written form during the boat inspection will be taken into consideration.