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- Acceptance of rental conditions
These general bareboat charter terms and conditions regulate the rights, responsibilities and obligations of the lessee (referred to hereafter as the “Client”) and the lessor (referred to hereafter as the “Charter company”). The charter party is concluded between the Charter company and the Client, and may be concluded through the intermediary of the agency if need be. SAILS of ADRIATIC craft for transportation and services is (referred to hereafter as “SAILS of ADRIATIC” or “website”). The Client accepts all rental conditions in his name on behalf of his crew. By making the first payment as will be stated in the “Booking confirmation agreement”, 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.
- Rental price and payment
The rental price includes the leasing of a boat with standard equipment, together with boat and crew insurance for the rental period. The rental price excludes costs incurred relating to domicile marinas (parking, berth, etc.), fuel, skipper/hostess/chef service and the costs of other optional services. The client can take responsibility for the boat that was previously reserved via this website after paying 50% of the rental price upon approval of his request (in advance) and the remaining 50% of the rental price at least 5 weeks prior to the rental date. This payment regulations cannot be modified without Charter company and SAILS of ADRIATIC consent.
Prior to taking responsibility for the boat from the marina where it is moored, the Client is obliged to settle a security deposit to the Charter company. The security deposit will be calculated in accordance with the length/value of the boat. The security deposit may be settled in the cash or by credit card and will be reimbursed to the Client once the boat has been returned and satisfactorily inspected. The deposit will be reimbursed to the Client in full only where no damage has been caused to the boat or it`s equipment nor reports of potential damage made by third parties during usage of the boat. If the Client reports damage or the Charter company discovers during inspection that the boat or equipment is damaged or a piece of equipment is missing, the Charter company will retain part or all of the security deposit, equal to the cost of repairs or replacement of this missing 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 on returned boat, the amount required to fill the fuel tanks will be deducted from the security deposit. Should the crew (skipper/hostess/chef) not be paid in full amount, the amount needed will be deducted from the security deposit.
- Obligations of the Charter company
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 clean and in immaculate condition, with the water and fuel tanks filled and is obliged to do the check in together with the client according to the inventory list. It should be delivered at the agreed time and with all necessary documentation. If, for any reason, the Charter company does not fulfil the afore mentioned conditions, the Client has a right to reimbursement for all days when he was unable to use to 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. Any hidden defects of the boat or its equipment, not known to Charter company at the time when handing over the boat, as well as any defects that occur after the boat has been handed over to the Client, give no right for a request to lower the rental fee. The Check in/out list becomes an integral part of this Contract, and it will be signed by the Client and the Crew when taking over and returning of the yacht (check list). Official diver’s inspection is standard and obligatory part of check out procedure. According to marina rules, underwater inspection can be done exclusively by official divers employed in marina. Their report is considered confirmation about proper conditions of the boat before handed over to Client. If the official marina diver has found an underwater damage, he will take a photo of that damage and deliver it to the Charter Company. 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 it`s 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.
- Liability of Charter Company
The Charter Company reserves the right to limit the range of the Vessel either based on the Vessel´s category or if conditions for navigation are unsafe or otherwise unusual. A ban on navigating the Vessel at night may also be pronounced by the Charter Company. The responsibility for ignoring such restrictions is exclusively with the Client/Skipper.
- Obligations of the Client
After having taken responsibility for the boat, the Client is obliged to sail solely in Croatian territorial waters. In order to leave Croatian territorial water, he must obtain special written approval. The Client is required to observe all the rules and regulations relating to keeping a boat log, treating the boat and it`s equipment with utmost care and sailing in accordance with good navigational practice, i.e. only when the weather conditions are favourable and there is good visibility. The Client or his skipper is obliged to have required documents as: passport or valid identity card, charter contract copy, sailing or motor boat licence inclusive of VHF operator licence, crew list with names and personal details of all crew members and residence registration certificate and keep it for the duration of the accommodation service period. Client is obliged to notify Charter company of any changes relating to the number of crew members or passengers made during the accommodation service period. If the boat is involved in an accident on the sea and the boat or any of it`s equipment is damaged during sailing, the Client is required to inform the Charter company and SAILS of ADRIATIC immediately. The relevant telephone numbers of the Charter company can be found in boat documentation.
The Client is not allowed to:
- lease the vessel or use it in commercial purposes, such as professional fishing, diving etc.
- operate the vessel under the influence of alcohol and drugs.
- Responsibilities of the Client
If any gross negligence or reckless conduct in boat manoeuvring have resulted in damage to a third party which is not covered by insurance, the Client is personally obliged to cover all material and legal costs that may result from such gross negligence or reckless conduct. The Client is responsible in particular where the boat is confiscated due to unlawful boat activity. In the case of damage and/or accident, the Client is obliged to make a note of events and to ask for written certification from the nearest Post office, doctor or other authorised persons. The Client is also obliged to inform the Charter company of any such event. If the boat is lost, confiscated or an authorised party has forbidden it`s sailing, the Client is obliged to inform the Charter company and any other relevant authorised persons. The Client is required to check the oil level in the engine on a daily basis. The Client is obliged to cover all costs relating to damages and losses resulting from a lack of oil in the engine. All damages due to the underwater section caused by the Client`s gross negligence or reckless conduct will be repaired at the Client`s expense.
- Check in / check out of the Charter boat
Check in: Saturday from 17:00 hours
Check out: Saturday until 09:00 hours
The Client or his skipper is required to return the boat to the Charter company at the agreed time and in the agreed location. The boat must be clean, undamaged and the fuel tanks must be full. The Client is obliged to return of the boat no later than 18:00 h the evening before the end of the charter (Friday) – overnight accommodation on board possible till 09:00 h next day (Saturday). If the Client does not return the boat to the Charter company at the correct time and in the correct location, the Client agrees to pay 300% of the daily rate for each day overdue, charged by the hour. Late return may be justified in the case of force majeure provided that the Client informs Charter company immediately.
Boat insurance is subject to the conditions set out by the relevant insurance company. The boat, it`s equipment and crew are insured for all types of damage and loss, including fire and all usual marine and collision risks which exceeds the franchise/deposit amount for the aforementioned boat, and including third party liability insurance. The boat`s documents will include a certificate of liability insurance for third party damage. In the case of more serious accidents and where other boats are involved, the Client is obliged to report such cases to authorised persons at the nearest Post 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 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 insurance policy covers all damage and liabilities arising from accidents, inclement weather and other natural disasters but does not cover damage arising from reckless conduct or grossly negligent boat manoeuvring. The Client is not permitted to use his security deposit to pay for this type of damage. The Client should cover all costs caused by reckless conduct or gross negligence. The insurance policy does not cover damage to sails or the engine that are caused by lack of motor oil.
- Rental cancellation
Should the Client and his crew cancel the rental for any reason after entering into an agreement with the Charter company, Client can find another client who is willing to be accommodating on the vessel in the agreed period. In case the Client is not able to find the substitute client, the most Charter companies will charge the Client as follow:
- 5% within 7 days of booking confirmation.
- 10% within 30 days of booking confirmation.
- 30% of the total amount for cancellation 30 days after booking confirmation or 60 days before the accommodation period.
- 100% of the total amount for cancellation less then 30 days before the accommodation period.
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. SAILS of ADRIATIC reserve 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 ADRIATIC 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 ADRIATIC is not obliged to pay compensation to the Client.
- Force Majeure
Charter Company and SAILS of ADRIATIC shall not be liable for any loss, damages, expenses, delay or failure in performance hereunder resulting from any force majeure event, including but not limited to acts of God, war or terrorist activities (threatened or actual), civil unrest, natural or nuclear disaster, fire, floods, unavoidable technical problems with transport, closure or congestion of airports, unforeseen alterations to public schedules, action of the elements, epidemics, pandemics, insurrection, piracy, strikes, acts of the public enemy, federal or state laws, industrial dispute and any other cause beyond the reasonable control of Charter Company which makes continuance of operations impossible. In the event of a delay or failure of performance based upon an event described above, all payments made towards the contract with Charter company/SAILS of ADRIATIC shall be used as a credit for a future charter. No refunds will be provided. Charter company/SAILS of ADRIATIC will work with Client to book a new charter on the same or different boat, agreeable to the Client, on new dates, based upon availability and the Client’s preference. If the parties cannot book a new charter at that time, Client’s deposit will remain as a credit by the Charter Company for no longer than 12 months from the date of cancellation.
- Professional crew
If the Client has chosen to hire any members of the crew (Skipper, hostess, chef etc..) the Client is obliged to treat them well and with respectful manners. The Client is obliged to provide provisions for the crew, if not agreed in a different way. 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 then 18:00 hours due to detailed boat`s check out with charter`s personal.
- Liability of the SAILS of ADRIATIC
The SAILS of ADRIATIC act as the intermediary between Client and Charter Company. His liability does not exceed his specified tasks or responsibilities as laid down. If parts of the Contract are null and void or invalid, the other parts retain their validity. The signers reserve the right to correct mistakes, misprints, or errors in calculating. Any agreements not contained in the Contract, oral promises or changes must be confirmed in writing. SAILS Of ADRIATIC is responsible to forward General charter terms to the Client. Upon receipt of a written confirmation of the booking (either from the client directly or from the Agent on behalf of the Client), the Client confirms that he has read these General Charter Terms and agrees to its content. SAILS of ADRIATIC is not responsible and cannot be held financially responsible for all problems and non-fulfillment of obligations by the Charter company to the Client regarding the booked boat and changes related to the same, but it will, in good faith, engage in solving the problem if it is in his power.
If the Client and his crew have any complaint during the boat chartering period, they should inform the Charter company and SAILS of ADRIATIC about it who will endeavour to resolve any problems. Only objections and complaints presented in written form during the boat inspection will be taken into consideration.