KlaPa

Vom Charterunternehmen verfasst, im Originalwortlaut und in dessen Sprache. navi-gate ist daran nicht Partei.

GENERAL BUSINESS TERMS AND CONDITIONS Article 1 ROTO Kruna d.o.o., having its registered seat at the address Ul. kralja Tomislava 44, Gradi�i, 10410 Velika Gorica, za proizvodnju i usluge [limited liability company for production and services], Personal Identification Number [OIB]: 17784035353 is a company that specialises in the provision of nautical services under the brand name of KlaPa nautica which include renting boats, equipment, devices and the like, all in accordance with its registered business activities (hereinafter: �the SERVICE PROVIDER). Article 2 By confirming a reservation and paying a deposit, natural and legal persons (hereinafter: �USERS�) enter into a legal contractual relationship with the SERVICE PROVIDER. Following a reservation confirmation and deposit payment for the service, the USER shall receive the documentation related to the provision of the subject service. Such documentation must be submitted to the USER during the check-in procedure at the latest. Prior to the use of service, and during the check-in procedure at the latest, by signing the Service Agreement (such as Vessel Rental Agreement), the USER undertakes to read and familiarise themselves with the General Terms and Conditions of the SERVICE PROVIDER, the price list and the general specifications of the service they are planning to use. By signing the Service Agreement, the USER also undertakes to adhere to all the provisions of the General Terms and Conditions of the SERVICE PROVIDER. All ambiguities must be resolved immediately because the USER shall subsequently have no right to appeal based on the lack of understanding of the provisions, their clarity and the like. During the use of service, the USER undertakes to adhere to the provisions of these General Terms and Conditions, the Service Agreement and the legislation of the Republic of Croatia. These documents shall become an integral part of the agreement and contractual obligations. Article 3 THE USER shall select the services from the SERVICE PROVIDER�s portfolio that have been categorised as per their type, price and the method of payment. At the USER�S written request, the SERVICE PROVIDER may personalise the offered typified services and, if necessary, determine a new price and payment methods accordingly. Article 4 By making a reservation and the payment of the 1st instalment, the service shall be deemed to have been contracted, and the procedure of familiarisation with contractual and legal obligations shall begin. The procedure includes the familiarisation with the content of the General Business Terms and Conditions that both parties must adhere to. Furthermore, both parties must adhere to all other provisions of the Croatian legislation. VESSEL RENTAL Article 5 Vessel rental may be classified as: � pleasure / vacation rental; with or without overnight stay / without skipper � other purpose rental such as business purposes. CHARTER service implies boat rental intended for leisure / vacation, exclusively with an overnight stay and without a skipper. CHARTER service is subject to guest registration pertaining to the tourist tax payment and the USER must submit a crew list i.e. a record of registered passenger and crew members. On the other hand, other services, either single-day or multi-day, which imply the return of the vessel to the home port every day, are known as vessel rental. In this case, no additional fees are charged. NAVIGATION AREA Article 6 Navigation area depends on the vessel registration and amounts up to 3 NM i.e. 6 NM from the coastline or an island. The navigation is solely allowed in the territorial waters of the Republic of Croatia. Approaching the coast during navigation is both allowed and necessary due to mooring and/or anchoring operations. It is forbidden to navigate parallel to the coast at distances under 150 m or glide at distances under 300 m from the coast. The navigation speed up to 150 m from the coast is limited at max. 5 knots. The SERVICE PROVIDER reserves the right to additionally limit the navigation area, either due to vessel category or, for example, due to unfavourable weather conditions. The SERVICE PROVIDER permanently prohibits navigation after sunset and in unfavourable navigation conditions. Any failure to comply with these provisions represents a gross violation of legal provisions and reckless endangerment of both people and property, and the USER /guest / skipper shall bear the consequences of such non-compliance. The SERVICE PROVIDER hereby points out that in summer months the proper adherence to the afore-mentioned provisions is usually monitored by the maritime police of the Republic of Croatia. THE OBLIGATIONS OF THE SERVICE PROVIDER Article 7 The SERVICE PROVIDER undertakes to regularly maintain the rented vessels and guarantees their seaworthiness. The SERVICE PROVIDER undertakes to hand over to the USER the exact vessel that the USER had booked. If, due to technical defect or a maritime accident, the SERVICE PROVIDER is unable to hand over the booked vessel, they undertake to offer a replacement vessel to the USER from other charter agencies if they have one available. If the replacement vessel is not the same as the booked vessel, the SERVICE PROVIDER can offer a different vessel to the USER depending on the availability. If the SERVICE PROVIDER fails to provide a replacement vessel, the USER shall receive the refund of paid assets in full. The SERVICE PROVIDER undertakes to deliver the vessel to the USER with the prescribed equipment for navigation, anchoring and mooring as well as safety equipment in accordance with the vessel registration and the number of passengers. During the check-in procedure, the SERVICE PROVIDER shall deliver the Equipment List/ Inventory Checklist so the USER can carry out an on-the-spot check. With their signature, the USER confirms that the delivered inventory checklist corresponds to the actual equipment and devices of the vessel which are fully functional. The SERVICE PROVIDER undertakes to provide the USER with other information pertaining to the vessel and the navigation area which the USER requests, provided that such information is known and available to the SERVICE PROVIDER. Article 8 The SERVICE PROVIDER undertakes to provide the USER or the person appointed by them (the skipper) with all instructions on technical specification pertaining to the equipment and instruments specified in the Equipment List / Inventory Checklist. A test ride may be organised, but it has to be arranged in advance. By signing the Equipment List / Inventory Checklist during check-in, the USER / the skipper confirms that the vessel that they have picked up is in good condition and clean, equipped with full fuel and water tanks (EURO SUPER 95) and properly functioning specified equipment and instruments. Possible defects, damages or missing parts must be immediately stated in writing on the checklist during the check-in procedure, which both parties shall confirm with their signatures. THE OBLIGATIONS OF THE USER Article 9 Prior to selecting and booking a service, the USER must familiarise themselves with the service content and, in case of ambiguities and the need for additional data and information, contact the SERVICE PROVIDER for clarification and additional information, because subsequent appeals based on lack of clarity and information, insufficient amount of data and the like will not be accepted as the basis for objections and appeals. The USER who wishes to use the vessel rental service undertakes to: 1. gather information about the vessel from the website of the SERVICE PROVIDER or agencies advertising the vessel and study it thoroughly in order to familiarise themselves with the vessel. 2. choose a vessel corresponding to the skipper�s knowledge, skills and experience, as well as the navigation area and the expected weather conditions. 3. make a series of arrangements with all potential passengers and crew members aboard a vessel in order to familiarise them with the vessel, the life on the vessel and the navigation plan that should be adapted to all vessel members. The USER undertakes to familiarise themselves with the lifestyle and characteristics of each crew member and carry out all other actions necessary to provide their passengers a carefree travel experience. 4. familiarise themselves with the landscape and the conditions at sea along the entire route length. Navigation planning should be carried out in such a way as to ensure both the 5. safety of the vessel members and the vessel itself. The USER undertakes to carefully plan mooring locations during the trip and always have a backup plan for mooring locations and overnight stays. The USER undertakes to plan an overnight stay only in designated ports and mooring areas. It is forbidden to spend the night in bays which do not have commercial moorings unless they are announced during the check-in procedure at the latest. In such cases, the vessel must be moored with a minimum of two mooring ropes (chains) i.e. at least one in the bow direction and one in the stern direction. The most common causes for vessel damage, breakdowns and injured crew are: � inadequately selected vessel type with regard to crew members, � inadequately prepared food, shoes and clothes supplies, � demanding navigation route, � lack of preparation for various weather conditions in the navigation area � selecting a vessel that the skipper is not familiar enough with � a skipper with insufficient prior knowledge and experience. The USER must plan the vessel rental carefully and by conducting consultations with their skipper. A careful and proper communication between the USER and their skipper shall lead to a safe and successful trip. Article 10 The USER shall be deemed to have accepted the service provided by the SERVICE PROVIDER on the day of the delivery of a written reservation confirmation and the payment of the deposit i.e. the payment of the amount in full, if agreed so by the USER. By making a deposit payment, the USER hereby accepts the provisions of the General Terms and Conditions and the Service Agreement. The Service Agreement shall be completed no later than the check-in procedure. Article 11 During the booking of a vessel or any other service, the USER undertakes to provide their full and correct personal data which includes full name and surname, Personal Identification Number [OIB], residence address, date of birth, type and number of a valid identification document, e-mail address and phone number. During vessel reservation, the USER undertakes to submit a copy of their vessel operating licence which shall clearly state the holder of the licence, the time of issue and validity, the issuing authority and the vessel category for which the licence had been issued. If the USER is not able to submit the subject information while making a reservation, they undertake to do so no later than 30 days prior to the check-in procedure. If the USER and the licence holder are not the same person, the USER undertakes to deliver all personal and contact data about the licence holder as well as a written statement certifying that the person for which they have submitted the information is the person who shall operate the vessel. The USER undertakes to deliver a crew list during vessel reservation. Regardless of the type of the vessel rental, the USER undertakes to deliver a list of all persons who shall stay on the vessel specifying to the SERVICE PROVIDER the number of persons with health issues, the number of minors and their age, whether there are any pregnant women on the vessel and similar information about the crew / passengers that might impact both their safety and the safety of the vessel. On the basis of such information, the SERVICE PROVIDER shall prepare the vessel and provide sufficient units of safety equipment. The SERVICE PROVIDER undertakes to use such information solely with regard to the service that the USER had bought. Article 12 The USER may refuse to pick up the vessel if the safety requirements do not meet the rules and standards of the country, or if the damage to the hull, rudder and deck is threatening the safety of the vessel and the crew. In that case, the provisions of these General Terms and Conditions shall apply as agreed by the contracting parties. Article 13 THE USER UNDERTAKES TO AND SHALL BE HELD FULLY LIABLE FOR THE FOLLOWING: 1. The vessel shall be operated solely by a person which holds a valid navigation documentation i.e. a navigation permit which corresponds to the type of the rented vessel, and which is acceptable in the Republic of Croatia (hereinafter: the USER�S SKIPPER). The USER shall provide the original copy of the personal data and the documentation (navigation permit, ID card or passport) for the USER�S SKIPPER for examination prior to the vessel pick- 2. up. The USER undertakes to inform the skipper about all the rights and obligations stemming from the agreement. 3. The USER�S SKIPPER is a person who, in addition to the navigation documentation, has an actual nautical experience for operating and navigating the rented vessel for which the USER shall be held accountable. 4. The USER�S SKIPPER must familiarise themselves with the legislation of the host country which they undertake to adhere to and implement. 5. The USER and the SKIPPER shall be held liable for the entire vessel and all the persons aboard. 6. The Crew List delivered during reservation and vessel pick-up shall fully correspond to the persons staying aboard a vessel during the entire rental period. 7. The number of passengers in the Crew List must correspond to the actual number of passengers aboard a vessel. 8. The number of passengers in the navigation permit must correspond to the number of passengers listed in the navigation permit. 9. Pets (dogs, cats, birds, hamsters, reptiles, snakes etc.) are not allowed on the vessel, unless the SERVICE PROVIDER has granted a special permission. 10. The USER shall keep the Crew List as well as the stay registration certificate together with the vessel documents in the document logger during the vessel rental with accommodation option which shall be available for examination and inspection by authorised persons at all times. The USER undertakes to keep the vessel�s documentation safe from damage, loss and alienation by third parties. 11. The USER and the SKIPPER shall, without delay, inform the SERVICE PROVIDER about all changes of the Crew List if such changes were to occur during the rental service. 12. The USER undertakes not to sublet the vessel to a third party. 13. The USER undertakes not to use the vessel for purposes other than those agreed, which do not include commercial transport of people and/or cargo, participation in competitions, events and public gatherings either organised or self-initiated. 14. The USER undertakes not to engage in fishing or hunting other marine organisms, diving, (SCUBA) and carrying out underwater activities, either recreationally or for other purposes. The afore-mentioned activities can only be carried out the USER hold appropriate legal permits in accordance with the purpose of the vessel registration, the 15. rental agreement and a written permission of the SERVICE PROVIDER. 16. The USER shall not sail parallel to the coast at distances less than 150 m and at speeds greater than 5 knots and glide at distances less than 300 m from the coast, which are distances defined by the law and controlled by maritime police in summer. 17. Emptying of a black water tank is carried out at open seas, but never at distances less than 2NM from the coast. 18. It is unlawful for the USER�S SKIPPER to operate a vessel under the influence of alcohol, opiates, drugs and any other substances that might affect their decision-making and motor functions. 19. With their behaviour and influence, the SKIPPER must ensure appropriate behaviour of all persons aboard a vessel for the entire term of the vessel rental, both on and off the vessel. 20. Prior to the start of the cruise or rental service, the USER shall with their skipper draft a navigation itinerary which shall, in addition to standard data on the needs of the passengers, loading provisions and additional equipment, destinations, mooring and anchoring plan and disembarking due to sightseeing or meal, define backup destinations and activities in case of deterioration of weather conditions. 21. The Croatian part of the Adriatic Coast is very indented, with many islands and bays, but this means that there are no food stores, gas stations and medical, firefighting and other services available. You should include their locations in the navigation itinerary so that during your trip you know where to find the nearest service providers. The USER and the SKIPPER must familiarise themselves, and take care of, actual health problems of each person from the Crew List, but also possible emergency health conditions that might occur during sailing. Sunstroke, food poisoning, cuts and blows are just some of the simpler cases. It is necessary to display emergency contact numbers in a visible place on the vessel as well as an agreed protocol for all the persons aboard a vessel and their roles in case of an emergency. 22. Together with the SKIPPER, the USER undertakes to check all the items loaded aboard to make sure that they have all the things necessary such as suitable clothes and shoes, rubber sole shoes, water shoes to avoid stings by sea urchins, footwear suitable for exploring the nature, caps, sunglasses, medications, food and sufficient amount of potable water, diving masks for checking the hull, the bottom, anchors and the like. 23. Together with the SKIPPER, the USER shall, prior to every voyage, and at least once 24. a day, check the weather forecast from at least two different sources. Furthermore, they undertake not to abandon a safe mooring location in case of announced deterioration of weather conditions. 25. The SKIPPER shall sail solely during daylight hours, and in no case shall they sail at night i.e. after sundown. This is why it is necessary to plan sailing and sea activities properly and adhere to the plan to ensure that the vessel is always safely moored-anchored on time i.e. after sunset. 26. The navigation plan must be designed in such a way that 24 hours prior to the return to the home port, the vessel must be max. up to 15 NM away from the home port, while the SERVICE PROVIDER recommends the vessel to arrive at the home port the night before the handover of the vessel so that the USER could prepare everything for it, i.e. stack all brought personal items and other luggage, sort and take away trash, organise equipment according to the inventory list and clean the vessel. 27. The SKIPPER undertakes to, during engine operations, make sure that the engine has reached the operating temperature, refrain from sailing under full throttle except during gliding and ensure that the engine shall not operate at speeds over 5,300 rpm. The ideal speed is 4900 rpm depending on sea conditions. This does not only protect the engine, but also reduces the fuel consumption by 40 % to 230 % which is not insignificant. 28. The SKIPPER undertakes to carefully monitor the instruments of the propulsion engine during its operations and halt navigation at any sign of warning. They shall be fully responsible for starting the engine despite sound and/or light warnings and starting the engine that ran out of oil or had sustained damage during navigation. 29. The USER undertakes to make sure that the compressed air equipment (dinghy as an auxiliary vessel, SUP boards etc.) shall not be damaged or punctured during use. This mostly happens during navigation close to the coast, in shallow waters or while hauling equipment onto the rocks. This is considered gross negligence and is not covered by insurance, and the resulting damage shall be charged to the USER in the amount corresponding to the value of a new identical or similar product. 30. The USER undertakes to use the auxiliary engine in an extremely careful manner, especially during its mounting and removal from the dinghy, and to use a safety rope in order to avoid falling of the engine into the sea or getting lost. This is considered gross negligence by an insurance company and it is not included in the insurance policy. The resulting damage shall be charged to the USER in the amount corresponding to the value of a new identical or similar product. 31. During the use of an auxiliary engine, the USER undertakes to ensure that the engine is powered by a propellant suitable for that engine type. The main propulsion engine of the boat is always fuelled by gasoline (PETROL, EURO SUPER 95). The auxiliary engine, the outboard engine for dinghy, SUZUKI DF 2.5 S, is also fuelled by gasoline (PETROL, EURO SUPER 95). 32. The USER/skipper undertakes to operate the vessel with due care and diligence of a good seafarer, adhering to all maritime rules and laws of the country in which they are sailing. 33. The USER/skipper undertakes to sail from the protected port only if good maritime practices and weather conditions permit. 34. The USER/skipper undertakes to leave an unsafe anchorage or mooring in case of unstable weather conditions or if the weather forecast predicts such conditions. 35. The USER/skipper undertakes to be vigilant while the vessel is anchored or moored and to take all necessary measures to ensure the safety of the vessel and the persons on board at all times. 36. The USER undertakes to notify the SERVICE PROVIDER and the Sea Rescue and Search Service immediately in case of an event threatening to the health and life of persons aboard a vessel and the vessel itself (maritime accident which includes stranding, water penetration, permanent damage to the propulsion engine and the like). 37. The USER undertakes to notify the SERVICE PROVIDER immediately when the loss, damage or failure of certain equipment on the vessel threatens the health and life of persons aboard a vessel and the safety of navigation. 38. The USER/skipper undertakes not to tow another vessel without a written notification to the SERVICE PROVIDER, who must approve it in writing. 39. The USER/skipper undertakes to provide the vessel location by specifying the geographical position while notifying the SERVICE PROVIDER. 40. The USER undertakes to carry out all instructions provided to them by a representative of the SERVICE PROVIDER, an official of the state maritime search and rescue service or the maritime police during an incident. 41. The USER and their SKIPPER are obliged to implement all measures that will ensure the protection of the crew�s health and life, as well as the protection of the vessel from any damage or loss. If a harmful event occurs, they are obliged to participate in alleviating the consequences of the harmful event with their behaviour and decisions. 42. If an incident occurs during the voyage in which other rescue services were called such as SeaHelp, EMERGENCY SEA, etc., the USER/skipper shall agree and pay services such as re-floating, towing, fuel delivery etc. beforehand, because they are not included in the rental and insurance price. 43. The USER undertakes to ensure the reporting of the timeline of unforeseen events that threatened the health and life of the crew, and caused damage to or loss of the vessel, as soon as possible, submitting of a report about the maritime accident to the nearest harbour masteru0027s office and requesting certification by a harbour master, a doctor and other event participants. All costs incurred by the SERVICE PROVIDER as a result of non-fulfilment of this obligation shall be compensated by the USER immediately and without discussion in the amount assigned to them. 44. The USER shall be held solely responsible in case of sea pollution caused by refuelling or transfer of gas, as well as for all fines stemming therefrom. 45. The USER shall be held solely responsible in case of sea and land pollution during inadequate sorting and disposal of garbage outside designated areas, as well as for all fines stemming therefrom. 46. The USER undertakes to assume full and exclusive responsibility and to compensate all costs and losses incurred by the SERVICE PROVIDER in case of a vessel seizure and/or imposing measures by employees of the state and other authorities stemming from unlawful, illegal, inappropriate actions such as commercial fishing, hunting shellfish and other marine organisms, seabed devastation, devastation and extraction of artefacts, illegal diving and diving within prohibited zones, transportation of illegal passengers whether commercial or not (persons not listed on the crew list), pollution of any kind and the like. 47. The USER shall immediately notify the SERVICE PROVIDER and the officials of competent state authorities (police, maritime police, harbour masteru0027s office, etc.) in person and in writing and obtain a copy of the police report on the incident in the event of: a. the disappearance of the vessel or any part of the vesselu0027s equipment b. the disappearance of the optional equipment such as a dinghy, auxiliary engine, etc. c. seizure of the vessel by third parties d. confiscation or prohibition of navigation by state authorities e. prohibition of navigation by third parties and the like. 48. The USER agrees that the Service Agreement shall be terminated immediately once established that any crew member or passenger failed to act in accordance with the applicable laws and regulations of the Republic of Croatia. The USER shall immediately return the vessel to the SERVICE PROVIDER without having any right to any form of compensation. During the vessel pick-up, a check-out procedure shall be carried out in order to determine the condition of the vessel, the equipment and the like. 49. The USER agrees to assume all responsibility and compensate all material or immaterial costs to the SERVICE PROVIDER, which are established to have been incurred by actions, omissions and gross negligence of the USER (and all crew members or passengers), and for which the SERVICE PROVIDER is materially or criminally liable to a third party. The USER�S responsibility for all violations 50. committed by them or one of the crew members or passengers during the use of the service shall not cease with the end of the service, but with the conclusion of the case, which may also imply a court proceeding. 51. The USER agrees to assume all responsibility, both penal and criminal, and compensate all costs of any kind for actions that are carried out in a manner different to that stated here, as well as any other actions that could endanger the health and lives of the crew/passengers aboard a vessel and the condition of the picked up vessel. NOTE The SERVICE PROVIDER shall reward the crew which, during the vessel handover, prove that they had spent the night at regulated moorings such as marinas and concession bays with buoys. By doing so, they show that they take care of the safety of both the crew and the vessel but also their environment because such locations are equipped with organised waste collection systems. Article 14 If during the vessel inspection at pick-up, the SERVICE PROVIDER started having doubts about the skipper�s knowledge and skills, which could put the passengers and the vessel in jeopardy, the SERVICE PROVIDER may request from the USER to have the SKIPPER�S knowledge and skills checked. An on-spot-check is carried out. At the discretion of the SERVICE PROVIDER, the check may also be carried out during navigation by way of a test ride. The USER cannot claim any compensation from the SERVICE PROVIDER for fuel costs and time spent on the afore-mentioned checks. If the SERVICE PROVIDER finds the USER�S SKIPPER unsuitable for vessel management, the SERVICE PROVIDER shall prevent the vessel from leaving the marina. The USER shall remain on the vessel, but may not sail out of the marina. The USER can then propose another person as a skipper or accept the SERVICE PROVIDER�S skipper. The USER shall pay such service in accordance with a valid price list. If the USER sails out of the marina despite the ban, their action shall be reported to the maritime police. Article 15 The SERVICE PROVIDER may refuse to hand over the vessel if: 1. the rental price has not been paid in full 2. no deposit has been paid or no deposit insurance policy has been agreed 3. the necessary documents are missing or if they are incomplete (there is no authorisation or it is not valid for the rented vessel) 4. during the handover of the vessel or a test ride, it is established that the skipper does not have the necessary qualifications for this job. In the latter case, i.e. authorisation issues, the vessel can sail out with another skipper at the USER�S expense. Article 16 Defects, incorrect instrument readings and other equipment and instruments deficiencies do not allow the USER to refuse boarding, stop the trip or submit a claim for compensation provided that with classic navigation methods and proper vessel management, the safety of the vessel and the crew is not threatened. In that case, the USER has no right to compensation. Article 17 The SERVICE PROVIDER undertakes to deliver to the USER the exact vessel that the USER had booked. If this is not possible due to technical malfunction or breakdown of the reserved vessel, the SERVICE PROVIDER undertakes to, within 24 hours, offer a replacement vessel to the USER from another charter agency depending on availability. If the replacement vessel is not the same as the reserved vessel, the USER may be offered another replacement vessel that is available. If the USER decides to wait for a replacement vessel beyond the subsequently agreed 24-hour deadline, the SERVICE PROVIDER shall bear the cost of accommodation for the number of days the boarding was delayed. Article 18 If, before the start of the voyage, it has been established without a doubt that neither the reserved vessel nor the replacement vessel can be delivered on the agreed departure date, the SERVICE PROVIDER is obliged to inform the USER as soon as possible. In this case, both parties can withdraw from the agreement before the beginning of the voyage, and the payment shall be returned to the USER. The USER is not entitled to any other compensation. Article 19 If the USER, without prior notice, fails to board the vessel within 24 hours from the agreed boarding time, the SERVICE PROVIDER is authorised to unilaterally cancel the agreement, and the USER has no right to any compensation claims against the SERVICE PROVIDER. EXTENSION OF THE RENTAL TERM Article 20 If for any reason whatsoever, the USER wants to extend the rental i.e. accommodation service during the rental term, they must inform the SERVICE PROVIDER in writing in order for the SERVICE PROVIDER to check the vessel availability. The SERVICE PROVIDER shall notify the USER in writing about the possibility of extending the rental � accommodation period. If the extension is possible, the SERVICE PROVIDER shall provide the USER with the necessary documentation (billing for additional days of accommodation, crew list extension, foreign citizens registration with the Ministry of the Interior and tourist boards). PRICES Article 21 The valid price list is published on the website of the SERVICE PROVIDER. Prices are expressed in EUR. The payment is made in EUR and HRK according to the selling exchange rate of Zagreba�ka banka on the day of payment. The price includes VAT in accordance with the VAT Act, a seaworthy clean vessel equipped with safety and navigational equipment in accordance with the vesselu0027s registration licence, full tanks of fuel and, depending on the type of vessel, freshwater (for washing while the USER is obliged to bring potable water with them), an empty black water tank, compulsory and all-risk vessel insurance, crew accident insurance, secured mooring location in the home port, navigation permit valid in the Republic of Croatia and a vessel concession authorisation (charter). THE SERVICE PROVIDER reserves the right to change the price list and individual service prices without prior notice. PRICE � DAILY VESSEL RENTAL Article 22 Prices refer to daily vessel rental without a skipper. The price includes VAT, transit log, a vessel equipped with a complete navigation equipment, mooring and anchoring equipment and safety equipment (life belts, first aid kit, fire extinguisher, sound horn and the like in accordance with the vesselu0027s registration licence) adapted to the daily rental service purpose. For more information about the equipment of each individual vessel, visit the Specification section of a vessel. The price does not include: fuel cost, emergency cleaning due to health issues and gross negligence, costs of marina services and moorings in ports and concession bays outside the home port in general, port taxes and fees, mandatory surcharges, optional services i.e. special request services, nature park tickets and the like, car parking, health and travel insurance for people aboard a vessel, food, water and other drinks, hygiene and other accessories and consumables. PRICE � CHARTER VESSEL RENTAL Article 23 The charter price refers to a weekly rental without a skipper. The price includes VAT, final washing and cleaning of the vessel, transit log, 10 GB Wi-Fi, a vessel equipped with complete navigation equipment, mooring and anchoring equipment, safety equipment (life belts, first aid kit, fire extinguisher, horn and other equipment in accordance with the vessel registration licence) adapted to the daily/weekly rental purpose. For more information about the equipment of each vessel, visit the Specification section of a vessel. The price does not include: fuel cost, emergency cleaning in case of health issues and gross negligence, costs of marina services and moorings in ports and in concession bays outside the home port in general, port taxes and other fees, mandatory surcharges, optional services i.e. special request services, tickets for nature parks and the like, car parking, health and travel insurance for people aboard the vessel, food, water and other drinks, hygiene and other accessories and consumables. TRANSIT LOG Article 24 Transit log are service costs which include basic cleaning, bed linen, small towels, gas, final inspection of the vessel during the check-out procedure and mooring in the base marina. MANDATORY SURCHARGES � COST Article 25 1. Tourist tax. The price depends on the legal regulation valid for the current tourist season. It can be paid in cash or with MasterCard or Visa credit cards during the check-in procedure. CHARTER only. 2. Basic cleaning of the vessel is an integral part of the transit log price. Extraordinary cleaning of the vessel is additionally charged according to the price list, in cash or with MasterCard or Visa credit cards during the check-out procedure. Extraordinary cleaning fee is charged in cases where contamination is caused by health issues, gross negligence and similar occurrences. 3. Security deposit / deposit All vessels have an all-risk insurance policy with deductibles in the amount of the collected deposit according to the price list for the current year. Insurance for damage incurred by persons and damage incurred by third parties is included in the price. The insurance does not cover damage to or loss of personal items and property brought onto the vessel, as well as damage caused by the clientu0027s intent or negligence. This is a refundable deposit that is paid during the vessel pick-up, and refunded upon the return of the vessel. The deposit is paid in cash or by MasterCard or Visa (HRK) credit cards. The purpose of the deposit is to ensure payment of possible damage to the vessel, equipment or inventory, loss of equipment or inventory and the like, which is determined during the return of the vessel. Having identified a harmful event, the amount of damage or the purchase value of the damaged or lost equipment or inventory is estimated, which shall be settled from the amount of the deposit. The remaining balance is refunded to the client. In case of damage or loss of a larger amount, the collection will be carried out from the insurance company with the application of their terms. Security deposit payment is also mandatory in cases where a skipper is hired. In this case, the deposit left to ROTO Kruna d.o.o. cannot be used to cover costs incurred due to the skipperu0027s carelessness, their misjudgement during vessel management and the use of equipment. The amount of the deposit depends on the type of the vessel and is specified in the price list of each vessel. OPTIONAL SERVICES � SPECIAL REQUEST SERVICES Article 26 Optional services are services that are not already included in the price of the standard offer of an individual service, and which have to be ordered separately in writing while booking an individual service such as: 1. skipper and their provisions and salary 2. a dinghy 3. an outboard engine for a dinghy 4. Wi-Fi 5. a 35 l portable refrigerator IGLO 6. extra bedding 7. swim towels 8. Jobe towable 9. water skiis 10. other. Other services are separately listed in the price list. FUEL AND INSTALLED FRESHWATER SYSTEM Article 27 The vessel is handed over with a full fuel and water tank and an empty black water tank. The vessel must be returned with full fuel tanks. In order to prove that the fuel tanks (EUROSUPER 95) are full, the USER shall at handover provide an invoice from the last refuelling. If the vessel is not returned with full fuel tanks and an empty black water tank, the actual costs will be charged additionally. We recommend the USER to check the locations and the working hours of the nearest gas stations. During the season, due to long queues, the waiting time for refuelling can be several hours, so it is important to plan everything well in advance. The main propulsion engine of the boat is fuelled by gasoline (PETROL, EURO SUPER 95). The auxiliary engine, the outboard engine for dinghy (Bay boat), SUZUKI DF 2.5 S (2.5 HP) is fuelled by gasoline (PETROL, EURO SUPER 95). MOORING FEES IN MARINAS AND CONCESSION BAYS, PORT TAXES AND OTHER FEES Article 28 No additional charges shall apply to vessels using the home port. The fees outside the home port are not included in the rental price. The price of a daily or multi-day mooring, with or without an overnight stay, depends on the marina or micro-location of the concession bay, services they provide and the season. We recommend that when planning the voyage, the USER should find out the prices of these services in advance. The fee of a vessel moored in the home port is included in the price. NOTE: Every USER who submits s the proof (receipts) that the night was spent in a marina or in a concession bay on, for example, a buoy, will be granted an additional discount or a surprise gift as a reward for their conscientious conduct and taking care of the safety of people aboard the vessel and the vessel itself. TICKETS FOR NATIONAL PARKS, NATURE PARKS AND OTHER FACILITIES Article 29 Tickets are not included in the vessel rental price. We recommend the USER to check the price of these services when planning their voyage. These services are cheaper if purchased online. LAND TRANSFER TO A MARINA Article 30 Land transfers to the home port are not included in the boat rental price. We recommend the USER, when planning a trip, to check the availability and the price of these services and to make reservations. PARKING Article 31 If the USER is to arrive at the departure location with their own vehicle, they have to first check the possibility of parking for the entire rental term. It is possible to secure one parking space in the marina upon prior request. The price of parking depends on the price list of the marina. PAYMENT TERMS Article 32 The vessel reservation is valid upon the issuance of a written confirmation, followed by the deposit payment as per invoice containing SWIFT and IBAN, namely: 1. 50 % of the price of the reserved rental service within 7 days following the issuance of a written 2. reservation confirmation 3. 50% (100%) of the price of the reserved rental service within 4 weeks before vessel pick-up. The vessel pick-up is only possible if the reservation amount has been paid in full. If the person renting the vessel fails to pay the 50 % deposit by the stipulated deadline, and fails to do so even after a written warning, the reservation will be cancelled. With the reservation payment, the person renting the vessel confirms that they agree with the general rental terms and the provision of accommodation on a vessel, specified on webpages that were delivered to them for inspection as well as with the specifications and the equipment of the vessel. All the provisions of these terms represent a legal obligation both for the person renting the vessel and ROTO Kruna d.o.o. � KlaPa nautica. A copy of the skipperu0027s license and a VHF license should be submitted when booking the vessel, while the passenger list (Crew List) should be submitted no later than one week before the vessel pick-up. The tourist tax in EUR is paid in cash upon the confirmation of the Crew List in the base. When making a reservation, all additional services must be clearly stated in writing so that they can be booked and prepared in a timely manner. Their billing is carried out according to the valid price list for the current year. CANCELLATION TERMS Article 33 There are numerous reasons that might cause the USER or the SERVICE PROVIDER to cancel the reservation. In this case, the party experiencing the incident must immediately inform the other party in writing and agree on the next steps. The time of reporting the incident is of the essence as it affects: 1. the percentage amount of the refund of the amount paid to the USER 2. the preparation and elimination of adverse consequences that caused the service cancellation. The time and date of the delivered written notification is the basis for calculating cancellation costs and the basis in case of dispute. Article 34 THE USER is entitled to: 1. cancel the service; 2. cancel the service, but transfer it to another user appointed by them who will take over all the USER�S rights and obligations stemming from the service. Valid only with the SERVICE PROVIDER�S 3. prior written consent; 4. change the time slot of the service; and 5. refund of the paid amount regardless of the reason for cancellation. Article 35 1. In order to initiate a reservation change, a written request / notification has to be submitted. 2. Each change of the agreed service by the USER is subject to the payment of the SERVICE PROVIDER�S operating costs, which depend on the requested change and the time of the submission of the request. 3. Operating costs may be related to the non-delivery of the vessel, but also to the costs of mooring, skipper service as well as the costs of additional services if reserved. 4. The time of the request is calculated in relation to the number of days between the day the change request was submitted and the day of the agreed start of the service. 5. Collection of additional operating costs that depend on the number of days ranges from 0.0% to 100.0% of the full amount of the service. For example: a. The replacement of the agreed time slot which is submitted within 7 days from the day of the receiving of the service, represents not only a financial replacement, but also a new rental service request i.e. new financial cost, because in addition to the service, the operating cost will also be charged in the amount of 100.0% of the value of the service. Therefore, such request represents a new rental service and thus a new financial amount. b. If the replacement request is submitted more than 56 days from the day of the service receipt, the cost is 0.0%, and no costs shall be charged to the USER. 6. The USER who fails to submit a written request / notification, and fails to take over the service within the agreed deadline, shall be charged 100% of the total price of the service. In this case, the USER is not entitled to subsequent takeover of the service in the agreed period or in any other period or to claim a refund of the paid amount. 7. The SERVICE PROVIDER can dispose of the service time slot that the USER has failed to take over at their discretion without the USERu0027S permission or the USER�S right to financial or any other compensation. Article 36 The USER may, for objective reasons, be prevented from taking over the service at the agreed time. The USER�S objective reasons are, for example, accidents with serious bodily injury, death in the immediate family, acute illness requiring urgent medical care with hospital treatment, disorders in pregnancy, border closure, military exercise and the like. In order to be able to decline the service at the agreed time due to objective reasons, the USER must submit: a. a statement specifying the reasons and events that preceded it b. written evidence - documentation drafted by official authorised persons and institutions. The official documentation must clearly indicate that the reason for non-arrival and non-acceptance of the contracted service was objective, unforeseeable, unpostponable and justifiable. A USER who fails to submit official documentation, or the submitted documentation fails to clearly indicate an objective, unforeseeable, unpostponable and justifiable reason, shall bear the operating costs in full. A USER who was prevented from using the service due to objective reasons is entitled to: a. use the service in a different time slot of the same or the following tourist year proposed by the SERVICE PROVIDER. The USER has the right to refuse the proposed time slot max. three times, after which the USER will be granted a refund of the amount paid decreased by operating costs. b. the refund of the agreed amount which cannot exceed the paid amount decreased by operating costs. Article 37 The SERVICE PROVIDER excludes any liability that may occur due to non-fulfilment of obligations towards the USER in case of war, terrorist actions, vandalism, maritime accidents, strikes, natural disasters, including weather conditions unusual for certain seasons, sanitary disturbances, interventions by security and other state authorities, vessel seizure, vessel confiscation and the like. Even in the afore-mentioned cases, the SERVICE PROVIDER shall, if possible, offer a replacement service to the USER. In case of a vessel rental service, the same or a similar replacement vessel or a different time slot in the same tourist year will be proposed by the SERVICE PROVIDER. The offered time slots must fall within the same price category as the initial time slot. Other time slots shall be charged in accordance with the service price list. If the time slots are not available, the time slots from the following tourist year shall be offered. The USER has the right to decline the proposed replacement services or new time slots. A USER who refuses a replacement service shall be granted a refund of the amount paid. The USER may decline the new time slots max. three times, after which it will be granted a refund of the amount paid. The USER has no right to claim any fees or costs that may be incurred due to the non-delivery of the service. Article 38 During the previous reservation / the use of the service by a third party, the vessel itself or a part of the inventory and equipment may become damaged, defective or lost. The SERVICE PROVIDER undertakes to start the process of restoring the vessel to its original condition immediately upon learning about the event. It could happen that, by the time slot of the next user, all observed defects could not be obtained or repaired, or the supplied parts and equipment are not of the same type. In such cases, in which the safety of navigation is not affected, the USER cannot cancel the service or ask for a price reduction. Article 39 The USER is advised to take out an insurance policy. The SERVICE PROVIDER does not offer an insurance service and the USER must contract it separately with a third party. The USER shall contract an insurance policy according to their needs and for all events as follows: 1. The insurance of paid amounts for the service in case of collection of operating expenses incurred when the service was not picked up in the agreed time; 2. The insurance of paid amounts in case of collection of operating expenses incurred after submitting a request for changing the time slot of the service; 3. Deposit insurance, which is paid at the latest during the check-in procedure; 4. The insurance for the USER�S skipper; 5. An insurance in case of additional costs such as additional overnight stays, accommodation, transportation and the like: a. due to the inability of a service pick-up b. adverse weather conditions c. border closure d. other 6. Health insurance, 7. Insurance against loss or damage to valuable equipment and the like. Article 40 The start and the duration of the service can be changed only in agreement with the SERVICE PROVIDER and in accordance with the availability. In case of changing the period of the use of service, which was determined by the previous booking confirmation, the SERVICE PROVIDER is obliged to issue a new booking confirmation. Payments made and related to the previous booking confirmation will be transferred to the new booking confirmation. Depending on the time of the request and the availability, the change of the service time slot shall be charged at a regular price plus additional operating costs as follows: 1. 0% of the total price of the service if the change request was submitted more than 56 days before the start date of the service. 2. 15% of the total price of the service if the change request was submitted between 29 and 56 days before the start date of the service 3. 40% of the total price of the service if the change request was submitted between 8 and 28 days before the start date of the service 4. 70% of the total price of the service if the change request was submitted less than 7 days before the start date of the service. The USER is advised to take out an insurance policy. Article 41 Collection of operating costs if the USER fails to take over the service, depending on the number of days. The number of days is calculated from the date of the receipt of the notification until the date of the service pick-up: Notification of non-acceptance of the service delivered: The USER offered another client/guest to assume their obligations in full The SERVICE PROVIDER has found another client/guest. * No other client was found until the service pick-up. In case of objective reasons: 1 Between 0 (zero) and 7 (seven) days from the agreed start date of the service 15 % of the total service price 30 % of the total service price 100 % of the total service price ** 50 % of the total service price 2 Between 8 (eight) days from the agreed start date of the service and 35 (thirty five) days 10 % of the total service price 20 % of the total service price 50 % of the total service price 25 % of the total service price 3 Between 36 (thirty six) days from the agreed start date of the service and 56 (fifty six) days 0 % of the total service price 0 % of the total service price 10 % of the total service price 0 % of the total service price 4 More than 56 (fifty six) days from the agreed start date of the service 0 % of the total service price 0 % of the total service price 0 % of the total service price 0 % of the total service price * - The USER must give consent to the SERVICE PROVIDER to re-advertise the service that they cannot use. ** - 100% of the total price of the service will also be charged to the USER who failed to submit a notification and take over the service within the agreed deadline. The stated amounts refer only to operating costs related to the vessel rental service. Operating costs associated with additional services are charged separately in full. VESSEL PICK-UP � CHECK-IN Article 42 1. Vessel pick-up for weekly rental is on Saturdays between 2 p.m. and 4 p.m. (CHARTER). 2. During the vessel pick-up, the USER undertakes to provide the SERVICE PROVIDERu0027S representative with the following documents for data authenticity verification: a. passport / ID card, b. navigation licence for the person who will be operating the vessel i.e. the USER�S skipper, c. radio station licence, d. certified original Crew List with complete data about the passengers. 3. At the vessel pick-up, the USER and the SERVICE PROVIDER shall: a. inspect the vessel and the inventory checklist and verify the authenticity of the inventory checklist and the condition of the vessel and equipment with their signatures. b. complete the payment: i. pertaining to additional services that the USER had booked ii. pertaining to transit log: basic cleaning, gas and similar iii. tourist tax iv. deposit c. certify the mutual agreement on the implementation of the service that the USER had ordered. By signing the agreement, they confirm and accept all provisions from the agreement and these General Terms and Conditions. 4. The vessel is handed over with full fuel and water tanks and an empty black water tank. The vessel has to be returned in the same condition. The last gas station receipt shall serve as the proof of a full fuel tank. 5. The water on the vessel is intended for washing, while the USER should secure sufficient amount of potable water. 6. The condition of the accepted vessel as a whole, equipment, devices and inventory and the condition of all tanks has to be checked. The USER has the obligation to check everything by themselves, and physically inspect the engine, equipment and instruments, for example by turning it on. Subsequent complaints will not be accepted if the stability and the seaworthiness of the vessel, devices, equipment and inventory has been confirmed by their signature at pick-up. Possible hidden defects or errors, which were not known at the time of the pick-up, as well as defects that arise after vessel pick-up which the SERVICE PROVIDER could not have foreseen, do not give the USER the right to request a rental price reduction. 7. The SERVICE PROVIDER may ask the USER to demonstrate their knowledge and skills to the SERVICE PROVIDER�S representative and order them to go for a test ride. The USER shall bear the test ride costs (fuel cost and time). The cost of the SERVICE PROVIDER�S representative shall not be charged. If the USER is found not to have sufficient knowledge and/or ability to manage the vessel, the SERVICE PROVIDER shall appoint their own skipper as the official skipper for the crew at a surcharge according to the valid price list. If the client refuses the skipper assigned to them, they shall be prohibited from sailing, the contract shall be terminated and the amount paid for the reservation will be retained without the USERu0027s right to any compensation. 8. Following a successful inspection of the vessel with the USER, the SERVICE PROVIDER shall submit to the USER the vessel�s file containing complete documentation of the vessel including: a. vessel navigation permit b. concession permit for a VHF radio station c. vessel insurance policy d. a list of harbour master�s offices e. a list of gas stations f. emergency contacts and the like 9. The USER undertakes to pay special attention to the preservation of the shipu0027s documentation until the end of the rental period, and make it available to official persons such as the maritime police and the harbour masteru0027s office for inspection. 10. The costs of loss or damage to the vessel�s documentation shall be borne by the USER. 11. If the SERVICE PROVIDER was fined due to the lack of vessel documentation, the SERVICE PROVIDER shall charge the fine amount plus operating costs from the USER�s deposit. VESSEL RETURN � CHECK-OUT Article 43 The USER undertakes to ensure that the vessel, which has been rented for 7 days or more, is ready for a check-out procedure with the SERVICE PROVIDER by Saturday at 09:00 a.m. at the latest. The location of a check-out procedure is the same as the location of a check-in procedure and it is usually the home port. If the USER and the SERVICE PROVIDER wish to change the location of a check-out procedure, they must agree so in writing beforehand. The USER undertakes to remove their entire personal and other belongings and equipment from the vessel. Garbage must be removed from the vessel and disposed of properly. The vessel should be returned in a proper condition, with a full fuel tank (EURO SUPER 95), a full water tank and an empty black water tank. Otherwise, the SERVICE PROVIDER shall charge the costs for restoring the vessel to the required condition as per actual price list increased by operating costs. The USER is obliged to immediately report all defects of the vessel, equipment and inventory or their loss. The return of the vessel is a procedure in which the SERVICE PROVIDER shall: 1. inspect the condition of the vessel, its above-water and underwater parts. The inspection of the hull is carried out by a certified diver in case of suspicion of possible damage. The diveru0027s service is charged according to the diveru0027s price list plus operating costs. The payment is made from the deposit. 2. review the inventory according to the inventory checklist with the inspection of the functionality of the equipment and devices 3. check the fuel level in the tanks. The USER is obliged to submit the last gas station receipt. If the fuel tank is not full, the USER will be charged for the amount of fuel that is missing plus operating costs. 4. inspect the black water tank. The USER is obliged to return the vessel with an emptied black water tank, which they may empty at open seas i.e. no less than 2 NM from the coast. If the black water tank is not empty, the USER will be charged for the emptying cost increased by operating costs. 5. inspect the vessel documentation. The SERVICE PROVIDER shall report any observed deficiencies to the USER and wait for the USER to eliminate them. If the removal of deficiencies is not possible, or if it requires more time, the actual costs of the repair increased by operating costs will be charged from the deposit. The deposit shall be returned to the USER who returns the vessel and equipment in the same condition as on the rental start date. DAMAGE TO THE VESSEL, EQUIPMENT AND INVENTORY, LOSS AND ACCIDENTS Article 44 The rented vessel is insured against third party liability, fire, explosion, theft or robbery and damage caused by natural disasters, collisions in the marina and loss or damage, excluding loss, damage or malfunction as stated in these General Terms and Conditions. The premium for the compulsory and all-risk insurance for the rented vessel is included in the rental price and is not charged separately. BASIS FOR THE COLLECTION OF DAMAGE AND ADDITIONAL COSTS Article 45 A. THE SERVICE PROVIDER is entitled to charge the USER or their skipper in full for the following: 1. the costs of restoring the vessel to its original state, 2. operating costs, and 3. additional and consequential costs that are not included in the first two items. B. There will be additional charge to the USER or their skipper in the following cases: 1. The vessel is not ready for a check-out procedure at the defined time 2. The vessel is not in the home port or the port of departure for a check-out procedure 3. The SERVICE PROVIDER was fined due to the USER�S mistake or negligence during the vessel rental period 4. Damage, loss or defect of the vessel, engine, equipment or inventory was established 5. The engine or equipment are not properly operational 6. The structural integrity of the hull is believed to have been compromised 7. The fuel tank is not full or the receipt from the last gas refill has not been submitted 8. The water tank is not full 9. The black water tank has not been emptied, 10. The vessel is not returned in a tidy condition 11. It is not possible to prepare the vessel for the next rental period. C. Some examples of possible additional charges to the USER or their skipper: 1. Taking the vessel to the nearest gas station plus the fuel refill cost 2. Taking the boat to open waters for the emptying of a black water tank 3. Checking the fuel quality refilled by the skipper 4. Hiring an official skipper 5. Taking the vessel to the nearest crane for crane operations 6. Hiring a certified diver if the structural integrity of the hull and the engine is believed to have been compromised 7. Services of a certified repairmen (cost of arrival to the location, man-hours and materials) 8. Disassembly and delivery of the equipment to a repairman 9. All events that are not recognised by the vesselu0027s insurance company, incurred due to the skipperu0027s mistakes, their lack of knowledge of the law, their insufficient maritime 10. knowledge and knowledge of navigation, negligence, criminal acts and others, as follows: a. The skipper does not have a valid navigation licence according to the type and the purpose of the b. vessel c. The skipper has persons present aboard a vessel who were not registered during the check-in procedure d. The skipper is under the influence of alcohol e. The skipper is under the influence of narcotics and/or opiates f. The skipper actively participated in a physical confrontation (fight), except in proven cases of self-defence g. The skipper intentionally caused damage and/or some other unwanted event h. The skipper caused a harmful and/or other unwanted incident through gross negligence, misjudgement, carelessness, etc. i. The skipper moored, anchored and/or left the vessel unattended at an unsafe and/or unorganised mooring, anchorage, open beach or coast during the off-sailing period j. The skipper uses the vessel for towing water skiers, inflatable equipment or some other items k. The skipper uses the vessel for towing another vessel l. The skipper and/or a passenger uses the vessel for SCUBA diving m. The skipper and/or a passenger uses the vessel for fishing and/or hunting other marine organisms n. The skipper entrusted the management of the vessel to a person who does not have a navigation license o. Sailing at night p. Navigation in unfavourable weather conditions and in general when navigation is prohibited q. The skipper has no knowledge of legal regulations (no extenuating circumstances) r. The skipper and/or a passenger uses the vessel for smuggling, prohibited trade, poaching, sailing during prohibited times and other s. The skipper and/or a passenger participates in the preparation, attempt or execution of any criminal act or for an exit strategy afterwards t. The skipper uses the vessel for illegal crossing of the state border for themselves and / or some other person on the boat u. The seizure and/or stoppage of the vessel is carried out by officials because of the actions of the skipper and/or passengers v. Due to the actions of the skipper and/or passengers, the SERVICE PROVIDER�S activities shall be halted w. Other 11. Costs caused by the impossibility of delivering the vessel on time to the next user, the loss of the user�s trust and other Everything mentioned in the text implies DAMAGE. The USER and their skipper undertake to compensate to the SERVICE PROVIDER all damage and operating costs in full within the period indicated on the invoice. Article 46 The SERVICE PROVIDER shall not be held liable for damage to or loss of any property of the USER, i.e. any crew member or passenger on the vessel and any other property that the USER stores on the vessel or in the premises of the SERVICE PROVIDER. Personal belongings and any other luggage of the crew and passengers are not insured and the SERVICE PROVIDER recommends that the USER, at their discretion, independently and separately takes out an insurance policy with an insurance company. LIABILITY CLAIMS Article 47 The USER and their skipper are responsible for everything that happens during the provision of the service. Their financial liability is limited by the deposit, with the exceptions stated in these General Terms and Conditions. The liability of the USER and their skipper can in its entirety be financial as well as punitive and criminal, depending on the act that was committed. This is not covered by the deposit. The USER can insure the value of the mandatory deposit that the USER has to submit during the check- in procedure with an authorised insurance company which shall be carried out by the USER at their own discretion. The SERVICE PROVIDER does not provide an insurance service. Article 48 DAMAGE to the vessel, engine, equipment and inventory will be charged depending on the extent of the damage, but also depending on the item which sustained damage. Any item missing during a check-out procedure will be charged at the price of a new item. Observed defects, malfunctions, damage and similar issues will be charged at the price of disassembly, delivery to a repair shop, repair services (labour and material), delivery to the vessel, assembly and commissioning, increased by operating costs during the entire period. The payment is carried out immediately from the deposit during a check-out procedure, while the remaining part of the unrecognised DAMAGE will be charged to the insurance company via invoices issued after the check-out procedure once the financial value is determined. Some examples when the damage will be charged in full at the price of a new item and when there is a possibility of repair: 1. the propeller and all other parts of the engine that must be replaced by a repairman, 2. dinghy, SUP board and generally all equipment that is powered by compressed air, 3. kits from which some items are missing, for example, kitchen utensils, 4. Aesthetically visible damage that significantly reduces the value, but the equipment is still functional. For example, scratches and dents on the engine cover, portable audio device, portable refrigerator / freezer; scratches on the berth mattresses or aft benches; soiling that cannot be removed by regular cleaning and the like. Article 49 The SERVICE PROVIDER is obliged to insure the vessel (basic and all-risk insurance policy). The insurance covers the costs of harmful events, but with limitations confirming that the event did not occur on the following basis (including others): 1. events whose value is less than the deposit are not paid out 2. operating a vessel without proper authorisation 3. intentional event, 4. gross negligence 5. wrong assessment and the like 6. ignorance, misunderstanding, training and the like from any field related to the event, 7. not taking all actions that could have prevented the occurrence of the event in a timely manner 8. behaviour and actions committed by persons officially registered on the vessel 9. presence of persons aboard a vessel who are not officially registered 10. non-compliance with legal regulations (ignorance, misunderstanding etc. are not justified reasons) 11. non-compliance with the provisions and restrictions defined by the SERVICE PROVIDER (ignorance, misunderstanding etc. are not justified reasons) 12. influence of alcohol, opiates and the like 13. smuggling of any kind 14. illegal crossing of the state border by the USER and/or passengers 15. presence of persons who were not registered during the check-in procedure 16. the vessel is subleased or in any other way assigned to third parties 17. the vessel is used for purposes for which it was not contracted, such as the commercial transport of people and/or goods, participation in competitions, events and public gatherings, whether organised or self-initiated 18. fishing or hunting other marine organisms, diving (SCUBA) and carrying out underwater activities regardless of whether they are carried out recreationally or for other purposes. The above can be carried out only with the possession of appropriate legally defined permits in accordance with the purpose of the vesselu0027s registration, the rental agreement and the written permission by the SERVICE PROVIDER 19. navigation at night or in unfavourable weather conditions and when navigation is prohibited in general, 20. anchoring and mooring of vessels in places that are prohibited or are nautically dangerous and unsuitable 21. confiscation or blockade of vessels by officials 22. penal and other measures imposed by officials 23. a record drafted by an official person from which it is evident that the skipper or the USER is the reason or one of the reasons that caused the subject incident 24. halted actions of the SERVICE PROVIDER due to acts committed by the USER and/or their skipper 25. filling the wrong liquids into tanks. For example: diesel fuel instead of EURO SUPER 95 / PETROL or filling the freshwater tank or black water tank with fuel 26. other It is expressly emphasised that in case of an adverse event that is not recognised by the vesselu0027s insurance company, regardless of the cause, the USER and their skipper shall be held liable. The liability of the USER and their skipper is not limited only financially, up to the amount of the deposit. If the adverse event caused damage in larger financial amounts, and if they are recognised by the insurance company, then the insurance company shall cover them. If a harmful event occurred as a result of some of the above actions and/or some other action not recognised by the insurance company, the USER shall bear the cost of the damage resulting from the event in full. If, in addition to the financial damage, the harmful event caused some criminal acts, the case shall be forwarded to official institutions. The payment shall be made during the check-out procedure up to the amount of the deposit, and in case of larger amounts, the payment shall be made via invoices issued after the check- out procedure. The USER undertakes to pay for all events that will lead to the vessel being placed on the market again, plus operating costs and losses (financial and other) incurred due to the inactivity of the vessel. If the USER fails to pay the invoices, the collection will be enforced through enforcement (seizure of finances and property), court orders and other procedures defined by law. Article 50 Various harmful events may occur during the use of the service. Harmful events can be, for example, harmless, but also major accidents and breakdowns that result in a vessel with reduced seaworthiness, loss of the vessel, equipment and other items, as well as illness and injury to people on the vessel. The USER or their skipper should immediately inform the SERVICE PROVIDER of all events that occur, even those they are considered to be irrelevant. Depending on the event, the USER or their skipper must contact the rescue services which shall coordinate the work of other services. The USER / skipper must take all actions with the common goal of reducing and controlling the consequences of the event and avoiding further harmful events. Article 51 Many harmful events are harmless, because they do not affect the seaworthiness of the vessel and the safety of people. In these cases, the SERVICE PROVIDER shall try to organise and eliminate the causes of a harmful event within 24 hours after notification. If the SERVICE PROVIDER cannot organise a solution within the stipulated deadline, the USER or the skipper shall be given a written authorisation and instructions on how to resolve the situation. Article 52 Vessel maintenance is carried out in the home port i.e. departure port. Exceptionally, it can be carried out in other ports (closest to the current location), but with the written consent of the SERVICE PROVIDER. The USER is not entitled to request compensation or any compensation during the time the service is interrupted for the purpose of carrying out of maintenance: 1. in case of an event for which they are responsible 2. in case of the maintenance of a vessel whose seaworthiness is not threatened 3. if the duration of maintenance is less than 48 hours For a longer maintenance period, the USER is entitled to compensation on a pro-rata basis, and is not entitled to other compensation. Article 53 The USER must immediately contact the SERVICE PROVIDER in writing and inform them of all events that result in: 1. service interruption, 2. the change of date of the vesselu0027s return to the home/departure port, 3. repairs, maintenance and other services, and 4. other issues that might affect the vessel preparation for the next rental period. If the USER fails to do so, the SERVICE PROVIDER has the right to charge the USER during the check- out procedure for all unwanted events resulting from the above. Article 54 The USER must inform the SERVICE PROVIDER about the stranding of the vessel and other events that may endanger the safety of navigation. If there is reasonable suspicion that the vessel is damaged below the waterline, the vessel must be taken to the nearest port for inspection as soon as possible. The examination shall be carried out by a certified diver, the vessel will be lifted from the sea by a crane or permanently transferred to a dry dock. All costs shall be borne by the USER. Article 55 Any theft or damage caused by unknown persons during the rental period must be immediately reported to the SERVICE PROVIDER and the officials of the nearest police station. Article 56 The USER must return the vessel to the SERVICE PROVIDER on the agreed day and time, and by that time all crew members must disembark from the vessel together with their luggage. The time for the inspection of the vessel, its cleaning and preparation for the next rental period are an integral part of the rental schedule defined by the agreement. Article 57 The USER must notify the SERVICE PROVIDER in writing if they want to change the start of the check-out procedure and they have to receive a written response from the SERVICE PROVIDER. If the change of the check-out procedure time is not approved, the USER must return the vessel within the agreed deadline. If the USER is unable to return the vessel by themselves, or is unable to return the vessel to the home/departure port, they must notify the SERVICE PROVIDER in writing and arrange for the vessel to be returned by another person at their expense and risk. From the vessel pick-up until the check-out procedure, the USER, must ensure that the vessel is managed by a qualified person who holds all necessary permits. A USER who does not implement the requirements from these General Terms and Conditions and the Agreement shall bear all financial claims that shall result from negligence or their non-compliance with the contractual and legal obligations. The rental agreement shall expire once the vessel is restored to the condition specified by the Agreement and the check-out procedure is carried out. Article 58 During the check-out procedure, the USER shall report all discrepancies with regard to the check-in procedure and all events that occurred or were noticed during the use of the service. All discrepancies must be recorded in writing. The condition of the vessel, equipment and other items will be assessed. If everything is in order, the final document is signed and the deposit is returned to the USER. If it is determined that everything is not in order, a bill of quantities will be drawn up on the basis of discrepancies and the payment from the deposit will be made. If, during the check-out procedure, the financial amount of the expenses cannot be accurately calculated, the deposit shall be kept in full. If it is determined that the damage is greater than the deposit, the event is reported to the vesselu0027s insurance company, and to authorities in case of a criminal offense. If the insurance company determines that the event was not caused by accidents or other insured events, the full payment is carried out at the expense of the USER. Article 59 DAMAGE collection up to the maximum amount of the deposit is carried out immediately during the check-out procedure. The USER undertakes to pay DAMAGE that exceeds the amount of the deposit, or the DAMAGE that is not covered by the insurance policy or is not recognised as insured, in full, personally and without objection, immediately after determining the financial amount by the SERVICE PROVIDER. Determining the amount is carried out on the basis of actual costs of work and materials such as the invoices of authorised repairmen, marina invoices and the amounts of fines defined in the SERVICE PROVIDERu0027s price list, all costs incurred to the SERVICE PROVIDER charged by third parties, such as failure to deliver the vessel to the next client on time, which will also include the loss of profit, the loss of the user�s trust and the like. The USER undertakes to pay all invoices issued within the deadline indicated on the invoice. Article 60 All delays in the return of the vessel will be charged additionally. Delays longer than 1 hour will be charged at the daily rental fee. Delays longer than 2 hours will be charged at double the daily rental fee as well as for each subsequent day of delay. In case of a significant delay that prevents a timely preparation of the vessel for the next user, DAMAGE collection will be charged the USER based on the DAMAGE actually incurred, which, in addition to direct costs, also includes the loss of profit, the loss of the user and the like. The USER undertakes to pay in person all costs to the SERVICE PROVIDER on the spot. No reason, including weather conditions, is a valid reason for delay, except a maritime accident. The USER is recommended to take this into account when planning the voyage and to return to the home port by the evening hours the day before the vessel handover. Article 61 If the USER, without the SERVICE PROVIDER�S written approval, returns the vessel to a port that is not agreed as a destination port, the USER undertakes to immediately, without objections, pay all costs stemming from the use of a mooring that is not the home port, the costs of transferring the vessel which include fuel, skipper services and similar costs, the prescribed fine for delay if it occurs as well as all DAMAGE incurred by the SERVICE PROVIDER as a result of not delivering the vessel on time to the next client, in accordance with a valid price list. If the USER abandons the vessel before handing it over to the SERVICE PROVIDER, the SERVICE PROVIDER will consider this act a criminal offence and report it to competent authorities. DEPOSIT REFUND Article 62 The SERVICE PROVIDER shall return the deposit to the USER in full for all vessels that are returned on time, in good condition, tidy and clean, free of the USERu0027S belongings and equipment, with full fuel tanks and an empty black water tank. DAMAGE DUE TO DEPRECIATION AND OTHER CAUSES Article 63 Damage or breakdowns may occur to the vessel, engine, equipment or inventory during the rental period due to normal depreciation or hidden material defects. The USER undertakes to immediately inform the SERVICE PROVIDER in writing of all unwanted events, in particular the events related to the essential navigation equipment as well as the events that endanger the health and life of persons aboard a vessel. The SERVICE PROVIDER will give written instructions to the USER on how to handle such an event. Such instructions may include an order to return to the home port or to sail to the nearest port, suggestions for the skipper to solve the situation by themselves, organise a solution with the help of third parties, and the like. The SERVICE PROVIDER is obliged to remove the reported event within 24 hours from receiving a written notice. The SERVICE PROVIDER will refund the cost of lost days to the USER for all events caused due to the SERVICE PROVIDERu0027s fault, such as untimely replacement of equipment for which the manufacturer has scheduled the replacement after the expiry of its validity period. The USER cannot expect a refund of funds or any other compensation for damage resulting from this event in case of damage for which the SERVICE PROVIDER is not responsible and cannot be deemed responsible. For a vessel that remains in the port for repairs incurred due to the USER�S fault, the USER is not entitled to monetary or any other compensation, either for lost time or for anything else. For a vessel that remains in the port for repairs not incurred due to the USER�S fault, the USER is entitled to compensation on a pro rata basis, and no other compensation in any form is possible. COMPLAINTS AND CLAIMS Article 64 Complaints will only be accepted in writing on the day of the vessel pick-up, and must be signed by both the USER and the SERVICE PROVIDER. The complaint�s book is located in the SERVICE PROVIDER�S official premises. The USER can demand compensation only if, during the return of the vessel (check-out), they submit a written objection/complaint signed by the USER and the SERVICE PROVIDER and the documentation confirming their claim. The USER who concluded the "last minute" arrangement agreement accepted all the risks of such a service. This service may contain uncertain and hidden facts that the SERVICE PROVIDER could not have influenced and cannot influence. The USER is aware of the above and accepted this service exclusively for the sake of a better price, and therefore has no right to filing a complaint. THE SERVICE PROVIDER cannot be held liable for possible crowds in marinas, restaurants and the like, for their cleanliness and level of service, weather, sea cleanliness and temperature, unavailability of gas stations, shops, availability of medical care and the like, or anything that may be the cause of the USER�S dissatisfaction, and is not related to the service provided by the SERVICE PROVIDER. The SERVICE PROVIDER will not consider complaints received subsequently and insufficiently documented. The SERVICE PROVIDER can recognise only those compensation claims that are related to the service they provide. The SERVICE PROVIDER must respond to every claim and complaint no later than 7 days after receiving it. The SERVICE PROVIDER has the right to delay the adoption of a decision for another 14 days if the adoption of a decision requires collection of additional information and checking the allegations in the complaint with all persons who are directly or indirectly related to the complaint and, if necessary, external authorised persons. The fee per complaint can be up to the maximum amount of the advertised part of the service. The fee cannot include already used services in any amount. The USER waives compensation for any form of non-material damage which was not caused intentionally by the SERVICE PROVIDER. PERSONAL DATA PROTECTION Article 65 The USER provides personal data to the SERVICE PROVIDER voluntarily. The SERVICE PROVIDER needs the USER�S personal data for the proper provision of a service. The SERVICE PROVIDER undertakes to use the obtained data exclusively in the process of service provision. By signing the rental agreement, the USER gives the SERVICE PROVIDER permission to use their personal data for the purpose of marketing activities of the SERVICE PROVIDERu0027s services. This can be challenged and cancelled at any time. The SERVICE PROVIDER will collect, process and store data in accordance with legal regulations. The USER can cancel the further storage of their data at any time by a written request, after which the SERVICE PROVIDER will delete it permanently. ARBITRATION Article 66 The USER and the SERVICE PROVIDER agree that they will resolve all their disputes peacefully and amicably. If they fail to do so, both parties have the right to initiate court proceedings. Both parties agree that disputes will be resolved before a competent court in the Zadar County according to the legislation of the Republic of Croatia. VALIDITY OF PUBLISHED DOCUMENTS Article 67 All data presented on the official websites of the SERVICE PROVIDER and through them is subject to change without prior notice and the SERVICE PROVIDER cannot in any way be held responsible. For the accuracy and applicability of certain data, it is necessary to verify it by a written request. Article 68 The USER and the SERVICE PROVIDER mutually accept all the provisions of these General Terms and Conditions until the end of the service, or until the end of the dispute if it arises. By signing the Service Agreement, the USER confirms that they are familiar with all the provisions of these General Terms and Conditions and that there are no parts of the text that are incomprehensible to them. The text of these General Terms and Conditions is also available to the USER in English. In the event of a dispute, the text in the Croatian language shall prevail. Croatia Velika Gorica, 2023 ROTO KRUNA d.o.o. KlaPa nautica Director: Roman Kruni�, mag.oec. / M.A.