Blizzard

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

TERMS AND CONDITIONS OF BOOKING CONTRACT 1. The charter company is liable to provide the charter yacht at the agreed location on the agreed date in a sail-ready condition for the charterer. If, for some unforeseen reasons like a damage made during the previous charter, the charter company cannot provide the right vessel at the location, the company must provide the charterer with a yacht of similar length and berth size for charter, or refund fees to the charterer completely. In this case, the charterer doesnu0027t need to make a claim for compensation. The amount of the refund is calculated with interest on a daily basis. 2. INSURANCE: The insurance is determined by the conditions stipulated by the insurance company with which the yacht is insured. The yacht is covered with Kasko deductible franchises up to the deposit amount according to the Price List for the current year, including damages from third parties. Damages covered by insurance which are not immediately reported to either Charteree or Insurance company, will not be acknowledged as per insurance policy. In that case the charterer is personally responsible for total damages as a result of not reporting of damages. Personal property of passengers is not covered with insurance and any damage incurred due to gross negligence, or with the plain intention by the Client, shall not be the subject to insurance compensation. Charges for purpose made damages are not limited by deposit. 3. THE CLIENT AGREES AND DECLARES: a. to send the complete crew list, with the full name, address, date and place of birth, citizenship, and the type and number of valid identification document, and for the skipper a currently valid skipper license, to Charter company not later than 2 days prior to the start date of the charter period; b. to be in possession of valid travel documents. The Client bears any costs relating to loss or theft of documents during the period of the charter; c. to carefully read all written documentation on the board; d. to sail in a safe, responsible manner, and never under the influence of alcohol or narcotics as well as to handle all gear and equipment with due care and attention. e. to sail only within the Territorial waters of Croatia. Sailing outside the Territorial waters of Croatia is permitted only if a signed permit is obtained from Charter company as well as other necessary and related documents; f. to sail only in safe weather conditions (maximum 6°B) and good visibility, avoiding any dangerous areas; g. to adjust sailing to the weather conditions and the ability of the crew; h. to never leave port or anchorage if the vessel or its equipment essential to the safety of navigation is not functional; i. to never leave port if port authorities have imposed a prohibition of sailing, i.e. have placed a ban on departure or in case of insufficient fuel supplies; j. to limit the number of people on board to not more than the designated number for that type of the vessel, as well as to ensure only people on the crew list are allowed on board; k. not to participate in regattas or races without first acquiring a written permit from Charter company l. not to tow another vessel (except emergency) and to undertake all necessary measures to avoid a situation in which a chartered vessel is to be towed; m. to agree to terminate the Charter Contract if any member of the crew or passenger violated applicable law and/or regulations of the Republic of Croatia; Charter company takes over the authority over the vessel and the Client remains without right to any compensation. Charter company will not be liable for any violation of the law or regulations committed by the Client or any person on board and the Client assumes full responsibility. n. to accept financial responsibility for any liability Charter company may have towards third parties and which is due to the Client’s, or the charter party’s negligence or omission; o. to accept responsibility for violating any rules of navigation or other laws and regulations during the term of the contract, which responsibility does not expire with the termination of the Charter Contract or the charter period; p. to notify Charter company immediately of any breakdown, accident or damage to the vessel, making sure to record the event, register the incident at the nearest Harbour Masteru0027s Office and request a verified report from the Harbour Master, doctor or other competent authority; q. to notify Charter company immediately of any breakdown or failure of the vessel or its equipment caused by normal wear and tear; r. to accept the full financial responsibility for any damage caused by negligence or omission, which is not covered by the insurance and for which Company charter is liable to third party; s. to immediately notify Charter company and competent authorities in the event of disappearance of the vessel or its equipment, the vessel not being fit for navigation, seizure of the vessel or the implementation of cruising limits by government authorities or third parties. In such circumstances, the Client will request a copy of the police report; t. to accept full responsibility in case of seizure of the vessel by the competent state authorities due to unauthorized or illegal acts (commercial fishing, stealing artefacts from the seabed, etc.) committed during the charter period; u. to accept responsibility in the event of serious pollution of the sea during refuelling or due to inappropriate disposal of waste; v. pets (cats, dogs, etc.) are not allowed on board; w. to accept responsibility for all actions or omissions of passengers on board according to registered passenger list, as well as any other persons not registered but allowed on board by the Client. x. Not to run a commercial passenger transport service on the boat, hire out the yacht y. To regularly check the boat during the trip (engine, oil,...) z. Smoking, Vapour smoking, E-Cigarettes are forbidden inside the cabins. 4. SKIPPERu0027S AUTHORITY: The Client who assumes the function of skipper must have the competence and skills required to navigate the vessel safely, as well as a licence for open sea sailing and a GMDSS Radio Operatoru0027s Licence. If the Client does not possess the required competence, skills and licences for navigating the vessel, he warrants that the vessel is operated by the member of his crew who has such qualifications. Charter company reserves the right to ask the Client or the appointed skipper of the vessel to demonstrate his/her competence and skills at sea in the presence of the Charter company representative. The time required for the demonstration is part of the agreed charter period. If during demonstration the Charter company representative determines that the Client or the skipper appointed by the Client does not have sufficient competence, experience and/or a valid licence for navigation, Charter company will provide the crew with an official skipper at extra charge. If the Client refuses to accept the appointed skipper, Charter company reserves the right to prohibit departure of the vessel, terminate the contract and to retain the full paid amount. In these circumstances, any amounts paid will not be refunded. If the Client knows in advance that a skippered vessel will be needed, he must inform Charter company at the time of booking. The security deposit is required when chartering a vessel with a skipper. 5. HAND-OVER OF THE YACHT: the yacht is delivered to the charterer with the full tank of fuel. The condition of the vessel, equipment and full inventory are verified by the charterer from the check-list and confirmed by his signature. Subsequent complaints by the charterer concerning the yachtu0027s condition and equipment are not possible. Should the charter company not be able to correct any defect or damage, if only in part, the charterer can revoke the contract altogether, or request a reduction of the charter price. 6. RETURNING OF THE YACHT: after termination of the charter trip the charterer must return the vessel with the full tank of fuel with equipment in order as stated on the checklist. Every loss or damage will be payed in base on the check out. 7. LATE RETURN: The charterer is liable to return the yacht in time (Friday afternoon 17:00). The liability must be independently of the weather conditions. If the client come back after 17:00 to the base, the client will be charge extra 150€ for the diver’s service. However, if the yacht is not delivered in time, the charter company must be informed as soon as possible. Any additional costs must be borne by the charterer. For each full day overdue the charter company can claim double price for one day. The charterer will be held responsible for the late arrival. For each full hour over the charter period dead-line the charterer must pay 2 % of the corresponding weekly charter rate. 8. LIABILITIES OF THE CHARTERER AND CHARTER COMPANY : the charterer is liable to refund the charter company for any breach of contract arising from damage. As for any damage caused by the charter vessel to third parties because of mishandling or negligence, the charter company is free from liability to the charterer. Any demands by the charterer not settled immediately after returning the vessel must be settled within 14 days after the termination of the charter period. The details of the case must be confirmed in writing by both the charterer and charter company. 9. DEPOSIT : Before purchasing a boat, the client will resell the amount of the deposit in cash or by credit card. After the accommodation is provided, the amount of the deposit will be refunded in full if no damages or loss of equipment have been observed. Otherwise, this deposit will be retained in the equivalent of the repair or purchase value of the damaged or lost equipment. 10. CHARTER CANCELLATION: Should the charterer wish to cancel the contract more than 1 months before the charter period beginning, cancellation fee is 30% from charter price. If the charterer wish to cancel the contract less than 1 month before the charter period beginning, cancellation fee is 100% from charter price. If the contract is terminated this fee must be paid not later than 15 days before the charter period begins. All payments are free of additional charges. All other liabilities to the charter company are than cancelled. 11. COMPLAINTS: The Client has the right to lodge a complaint if he is not satisfied with the service Charter company is providing or believes the quality of service is incomplete and/or unsatisfactory. The Client can request a relative compensation upon return only if upon check-out of the vessel he/she submits a written complaint with all relevant documentation. The complaint must be issued in writing and lodged upon check-out of the vessel at the latest signed by both the Client and the Charter company representative. Any complaints made later may affect the Clientu0027s rights under the Charter Contract. Charter company reserves the right not to take into consideration any complaints received after the aforementioned period or incompletely documented complaints. Charter company is obliged to issue the written decision regarding the complaint not later than 14 days following its receipt. Charter company reserves the right to postpone the resolution of the complaint a further 14 days with the aim of investigating the complaint and collecting all the necessary information from persons directly or indirectly involved in the case. The highest possible compensation per complaint may equal the value of the advertised part of the service, but may not include the already used part of the charter period, nor can it be equal to the full Charter Fee. The Client does not have the right to compensation for non-material damage unless the same is not caused by intention of Charter company. 12. MISCELLANEOUS: Other agreements can only be made in writing. All questions of dispute should be amicably settled.