Alyss

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

GENERALCHARTERTERMS AND CONDITIONS GENERAL CONDITIONS A copy of a skipper license and a VHF license should be sent when booking a vessel and a crew list 4 weeks before the start of a charter. If it is not possible to sign a contract, making a downpayment on the part of the lessee this contract shall be considered concluded and both parties to the contract accept the means of this Contract the contractual provisions as well as the General Charter Terms and Conditions. If the lessee is not the user of a charter, he or she will be obliged to inform the end user about the general Charter Terms and Conditions, otherwise, he or she shall be liable for all non-collectible claims of the vessel owner towards the end user. When the lessee is not the end user of a charter, the rights and obligations of the lessee referred to below apply to the end user of the charter. The charter area is limited to the Croatian territorial sea. For each deviation the vessel owner’s written consent is necessary. PRICE AND PAYMENT CONDITIONS The charter price is established by the official price list of the vessel owner and includes the use of the vessel, equipment and devices. Upon confirming the booking, which is valid only in writing, the payment shall be made in the following way (if not otherwise laid down in the contract): 50% - as a down payment, within 7 days after confirming the reservation (the down payment is included in the rental price and is contracted as a cancellation fee) 50% - no later than 5 weeks before the charter start If a downpayment of 50% is not paid to the lessor in time, the lessor reserves the right to cancel the booking of the vessel. The price does not include the berth tax, tourist tax, fuel, gas, water and other costs necessary for the purchase and maintenance of the vessel during the charter. The tourist tax is payable in cash upon confirming the crew list in the base. CANCELLATION OF THE CONTRACT If the lessee terminates the contract 6 weeks before the start of the charter at the latest due to extraordinary reasons caused by wars or pandemics, the lessor shall reimburse in full the funds paid. If the lessee terminates the contract after the down payment and before the payment of the remaining part of the lease price, the lessor retains the amount that was paid before the termination of the contract. In the case of cancellation less than 4 weeks before the charter and throughout (the duration of ) the charter, the lessor is entitled to claim/retain the overall price of the charter. The date of receipt of a written termination notice is considered the basis for the calculation of the above cancellation charges. Deviations of a vessel’s equipment from the equipment list or the inventory do not give the lessee the right to a price reduction if all parts of the equipment essential for safety and sailing are present on the vessel. CAUTION MONEY At charter check-in, the lessee pays the lessor caution money as a security deposit (caution money) in the amount agreed upon in the contract. The caution money shall be returned to the lessee if the vessel is returned in the condition in which it was taken into possession, and cleaned with a full tank of fuel and water, which is determined through a log (a checklist) with both parties’ signatures. The lessee can insure the paid caution money and the lessor recommends to conclude such insurance. The caution money is deposited also when the accommodation service is provided together with the skipper. INSURANCE The lessor undertakes to conclude compulsory insurance for the vessel at his/her own cost. The insurance does not cover persons on the vessel, the loss or the damage to their personal belongings, so the lessor recommends concluding appropriate insurance. The lessor is not liable for damage to third parties(property and persons) caused by a failure, an action of gross negligence on the part of the lessee, except those covered by the above-mentioned insurance. The lessor does not assume responsibility for things left on board or lost. CHECK-IN The lessor undertakes that the chartered vessel will be on disposal at the agreed time and ready for taking over. The check-in of the vessel is from 5.00 p.m. on the day determined for the start of the charter if not otherwise agreed upon in the contract. The lessee undertakes to present to the lessor’s representative the original copy of the skipper and VHF permits and the passengeru0027s personal data (name, surname, personal identification number, passport/identity card number, date of birth). The vessel shall be handed over to the lessee with a full fuel tank. The condition of the vessel, the completeness of the equipment, and the inventory shall be checked based on the checklist and confirmed by the signatures of both parties. The lessee’s later objections regarding the condition of the vessel and the equipment are not possible. By accepting the general terms and conditions, the lessee declares that the person who will steer the vessel has a valid sailing permit, as well as necessary maritime and navigation knowledge. If maritime and navigation knowledge does not exist, the lessor may order a skipper service at the cost of the lessee. If the lessee with insufficient knowledge refuses the shipper, he or she shall not be permitted to leave the port, the contract shall be terminated and the paid booking amount retained without a right to damage compensation. If, for unpredictable reasons, the lessor is not able to put the vessel at disposal at the time agreed upon in the contract, he or she will make available to the lessee a vessel of the same or similar characteristics (in which case the equipment and the year of production could vary from those of the originally chartered vessel). The same cannot be deemed a waiver by the lessor. In the above case, the lessee is not entitled to demand compensation. If during the previous charter equipment parts were damaged or lost and this does not endanger the safety of sailing, the lessee cannot withdraw from the contract or require a price reduction from the lessor. The same applies also to a mechanical failure or an incorrect indication of measuring instruments if normal sailing is possible by using classical navigation methods. CHECK OUT The vessel shall be returned (checked out) by 09:00 a.m. at the latest on the day determined for the end of a charter unless otherwise agreed upon in the contract. When returning the vessel shall be inspected according to the checklist. Upon the end of the charter, the lessee returns the vessel with a full fuel tank, cleaned and in the same condition in which he or she has taken it over. If the fuel tank is not full, the base manager charges the fuel cost plus the base staff cost according to the valid pricelist of the lessor. The lessee is obliged to return the vessel at the agreed-upon time. The vessel must be present in the marina in the evening before the checkout. The sailing must be planned in such a way that the vessel can be returned to the domestic port even under severe weather conditions. If the lessee cannot return the vessel in time, he or she must immediately inform the base manager and wait for his or her instructions. The costs associated with the above-mentioned(the costs of returning the vessel, travel costs for the next charter guests, etc.) shall be borne by the lessee. The lessor can require a double price per day for each day of delay. For each hour of delay, the lessee pays 20% of the price per day. If the lessee returns the vessel before the official end of a charter, he or she will bear the costs of the extraordinary exit of the diver and skipper for early checkout. The lessee is obliged to return the vessel with an emptied human waste tank, which he or she shallemty2NM from the coast at the nearest, otherwise he or she shall bear the costs of emptying the tank. If the vessel is not cleaned before the return, the lessor can have it cleaned at the cost of the lessee. If the final cleaning is included in the price, the lessee must return the vessel with clean dishes according to the valid pricelist of the lessor. The lessee undertakes to remove garbage from the vessel and dispose of it at the prescribed disposal site in the marina. If the lessee fails to do so, he or she is obliged to pay a 100,00 € fee. OBLIGATIONS OF THE LESSEE The lessee is under obligation to treat the vessel and its equipment following the rules of good seamanship. Professional transport of passengers and taking part in regattas are not permitted, nor towing the vessel, except in emergency cases. It is forbidden to make the vessel available to third parties for use. Sailing by night is permitted only in conditions of good visibility and safe weather. Pets are permitted on board only with the consent of the lessor. The lessee is under obligation to inform the lessor of any change of the crew. The lessee shall not leave a protected port in bad weather conditions and, in the case of a sailboat, leave a protected port with raised sails in the presence of winds of force 7 or higher. The lessee is under obligation to abide by the base manager’s instructions. The lessee undertakes not to steer the vessel under the influence of alcohol or drugs. The lessee shall study the ship map which is present on the vessel and contains all important information. The lessee undertakes to take on board only as many people as there are places to sleep and pieces of safety equipment on the vessel (this applies to children as well). The lessee bears full responsibility for non-compliance with the stated rules, as well as the responsibility for all actions committed by third parties during the charter period. REGULATION OF DAMAGE In case of damage or an accident, the lessee is obliged to immediately inform the base manager and the lessor, who will compile a detailed report and decide on the need to contact the harbor masteru0027s office and the police. The same procedure shall be followed also if the vessel is impossible to maneuver and in case of theft. Non-compliance of provisions and penalty, if any, shall be borne by the lessee in the whole. If a vessel touches the bottom, the base manager shall be immediately informed, and he or she will check whether the keel and hull are in faultless condition. The repair of the damage, the loss of equipment, the loss of the propeller, crane costs, and damage to the engine caused by the lessee shall be paid from the deposited caution money. The lessee is responsible for damage due to the improper handling of the vessel and its equipment. For those costs that can not be calculated immediately or malfunctions that can be repaired later to avoid the loss of the charter, the lessor will take the estimated amount from the caution money of the lessee, regarding which the precise calculation shall be given within a reasonable time. If the vessel is damaged due to gross negligence of the skipper, he or she shall be liable for the damage and consequences of that damage, particularly for the loss of the following weeks of a charter. In the case of damage caused by the lessee or the skipper, the same can, because the sailing is impossible, charter another vessel according to the valid pricelist of the lessor with payment of renewed caution money, provided that the lessor retains the discretionary right to refuse the lesseeu0027s request to rent another vessel. The lessor will repair the malfunction on the vessel, which makes further sailing impossible, within the shortest possible time (mostly within 24 hours) with full cooperation of the lessee and if the lessee is not directly responsible for the said malfunction. If the lessor is to repair the malfunction within the above-mentioned period of time, he or she must find an adequate replacement for the lessee. After that, the lessee will not be entitled to any further compensation. CLAIMS Claims, if any, resulting from the charter of the vessel shall be sent in writing to the lessor’s e-mail address 14 days after the end of the charter at the latest. The facts on which the lessee’s claim is based will be taken into consideration only if those facts are established in writing at the check-out. Compensation claims are limited to the maximum amount of the agreed-upon charter price. All other claims are excluded. FINAL PROVISIONS In all breaches of obligations assumed by the lessee, the lessor is entitled to withdraw from the contract without any payment of compensation. If any of the provisions of these terms and conditions are found invalid or void, this shall not affect the validity of the rest of the contract. Oral or additional agreements are valid only if done in writing. The official language of this document is Croatian, other language versions are translations for information purposes only. In the event of any discrepancy between the different language versions, the Croatian version shall control and prevail in all respects. COURT JURISDICTION The lessor and the lessee will endeavor to settle amicably any and all disputes regarding the implementation of this contract and, if this is not possible, the dispute shall be settled by the competent court according to the headquarters of the lessor with application of Croatian law.