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GENERAL TERMS AND CONDITIONS FOR PROVIDING ACCOMMODATION SERVICES ON VESSELS BY T.O. "Davor Babac" 1. RENTAL FEE, PAYMENT TERMS, DEPOSIT, CANCELLATION The rental fee includes the use of the vessel and its equipment by the crew members. The rental fee does not include fuel costs, tourist taxes, or mooring fees outside the home marina. The rental fee must be paid in full before the start of the rental. A deposit must be left in cash or by credit card when taking over the vessel. Cancellation of the reservation must be made in writing. If the charterer cancels the rental or cannot start the rental of the vessel for reasons for which the service provider is not responsible, the charterer retains the right to the rental fee. Instead, the service provider may demand reasonable compensation for their costs (cancellation fees). When calculating the fee, saved costs and possible alternative use of services are usually taken into account. The flat rate for cancellation fees up to 61 days before the start of the rental is 30% of the rental price, from 60 days to 31 days before the start of the rental 50% of the rental price, and up to 30 days before the start of the rental or later 100% of the rental price. It is up to the charterer to prove that no or significantly lower costs were incurred in connection with the cancellation or non-commencement of the trip than the flat-rate costs stated in Section 1. The renter may be replaced by a third party before the start of the trip (with the prior consent of the lessor). We recommend taking out travel cancellation insurance and deposit insurance. 2. HANDOVER AND RETURN OF THE VESSEL The service provider undertakes to hand over the vessel at the agreed place by 5 PM, fully fueled, cleaned, with regular engine maintenance, and in perfect working condition, and the same condition is expected upon the return of the vessel. A handover protocol will be drawn up and signed by both parties. If for any reason the vessel is not available at the agreed place at the agreed time, the charterer is not obliged to pay for the corresponding days. If the service provider is unable to hand over the vessel at the agreed place or provide an equivalent vessel within 24 hours from the start of the rental, the charterer has the right to withdraw from the contract. Any further claims for compensation are excluded. The charterer undertakes to return the vessel to the agreed place by 8 AM. If the vessel is returned later or to another place, the charterer is obliged to pay skipper costs of €200 per started day plus fuel, and for each started day of delay, double the daily rental fee to cover costs. The charterer is responsible if the return time is exceeded, also due to bad weather. It is advisable to plan the cruise according to weather conditions and return to the marina by 6 PM the day before the vessel?s return. The charterer has the right to prove that no damage occurred or that the damage was significantly lower than the flat-rate amounts stated in Section 2. At the end of the rental, the service provider will check the condition and completeness of the vessel in the presence of the charterer. The service provider will return the entire deposit or the charterer and the service provider will jointly prepare a return report, which will serve as the basis for determining the amount of damage. The deposit will be returned in full if the undamaged vessel is returned on time and to the agreed place. In case of loss and/or damage, the return will be considered proper if the return report is signed by both parties or the charterer pays the damage to the service provider. If the charterer refuses to sign the return protocol and/or leaves the vessel without proper return, he will still bear full responsibility for the vessel until the service provider enters the vessel with witnesses, and is obliged to pay a flat fee: for costs of €200 and full costs for witnesses and experts in case of a possible court dispute. The charterer has the right to prove that no damage occurred or that the damage was significantly lower than the flat-rate amounts stated in Section 2. 3.INSURANCE The charterer bears full responsibility for the vessel, crew, equipment, and inventory towards the service provider and the insurance company. In case of gross negligence and/or loss of one or more pieces of equipment, the charterer will bear the full costs and loss of earnings. The charterer is obliged to regularly check the oil level in the engine and gearbox every day. Damage caused by insufficient oil levels in the engine and gearbox is not insured and is entirely borne by the charterer. There is comprehensive insurance for damages exceeding the deposit amount. There is also liability insurance for damages to third parties. Damages up to the deposit amount are borne by the charterer. If an accident or damage occurs during the trip, the appropriate port authority, doctor, expert, and service provider must be immediately notified, and an appropriate report (sequence of events, damage assessment, etc.) must be prepared for the insurance company and the service provider. In case of breakdowns and damages, the charterer needs the service provider?s approval (instructions) for repairs exceeding €100. All repairs must be carried out only by professionals. Proof of this is an invoice with the exact description of the work performed. If the charterer fails to fulfill obligations in case of accidents, breakdowns, and damages, the service provider may determine the condition of the vessel at the charterer?s expense. The charterer may be fully responsible for the incurred damage and loss of earnings. In addition to the charterer, the crew is also jointly responsible with all their assets. Hidden defects on the vessel or its equipment, which the service provider could not know at the time of delivery of the vessel, as well as all defects that may appear after delivery, do not entitle the charterer to a reduction in the rental price. 4. GENERAL The charterer or skipper undertakes to sail within the territorial waters of the Republic of Croatia. Exceptions require special written confirmation or approval. Pets are not allowed on the vessel. Exceptions require special approval from the service provider. The vessel may only be used for recreational sailing. It is not allowed to sublet the vessel or hand it over to third parties, board more persons than listed on the crew list, sail at night in unsafe weather conditions, or violate public regulations, provisions, and laws. The charterer is responsible for all consequences related to this. The charterer or skipper explicitly declares that they possess the necessary, valid license to operate the vessel, as well as the VHF radio station, and that they have all the necessary knowledge and skills to operate the vessel. The charterer may use the outboard motor only in emergencies, unless otherwise agreed in writing. Additional agreements must be in writing and signed by both parties. In the event of a dispute arising from this contract that cannot be resolved amicably, the parties agree to the jurisdiction of the Court in Zadar. 5.PERSONAL DATA PROTECTION The Charterer, crew, and passengers voluntarily provide personal data to the service provider. The personal data of the charterer, crew, and passengers are necessary for the process of contract realization and will be used solely for further communication, contract conclusion, and the performance of services included in the contract. The service provider will use and keep personal data of the charterer, crew, and passengers in accordance with applicable European and national data protection regulations, including GDPR, and will not export it out of the country or forward it to third parties. 15.10.2024