LUCKY

Written by the charter company, in its own words and language. navi-gate is not a party to them.

GENERAL TERMS AND CONDITIONS (STANDARD – CHARTER CONTRACT) 1. CONTRACTUAL PARTNER Contractual partners are the provider of accommodation hereinafter the Lessor and recipient of accommodation hereinafter the Guest – as mentioned in the Contract. 2. PAYMENT TERMS 50% of accommodation price has to be paid upon reservation, 50% of accommodation price has to be paid 30 days prior embarkation or reservation will be automatically canceled if agreement is not differently arranged. 3. DEPOSIT The caution-money has to be deposited in cash or by credit card according to the valid price list at the takeover of the yacht. It is returned back in full in case the yacht is returned undamaged and on scheduled time. The caution-money has to be deposited in case the yacht is chartered with skipper too. The guest covers all the expenses derived from negligence and/or loss of part(s). 4. THE TAKEOVER OF THE YACHT The lessor will provide only completely equipped yacht, clean, tidy, with full fuel tanks and in faultless condition. The same condition of the yacht is expected at returning of the yacht. If the lessor for any reason is not able to provide the reserved yacht at scheduled place on scheduled time he could provide other yacht, at least identical to the reserved one. If the yacht cannot be delivered on time, price will be proportionally reduced for every lost day. If the lessor cannot hand over the yacht after 36 hours or at a place that is less than 36 nautical miles away from agreed harbor the guest has the right to withdraw from contract. In this case, the charter fee is reimburse, but all other compensations (travel, accommodation,...) are excluded. Any other claim for reimbursement is not included. At the takeover the guest has to check and carefully test the condition of the yacht and equipment according to the inventory list. Possible hidden faults of yacht or equipment unidentified by the lessor at the takeover, or possible faults during the chartering of the yacht are not to be claimed for decreasing the charter fee. If the further navigation is not possible for any reason or scheduled return of the yacht has to be exceeded, the base manager has to be contacted for further instruction. In case of exceeding the scheduled return of the yacht for weather conditions the guest covers all the expenses that could derive to the lessor. If the guest is up to 12 hours late, he pays an indemnification, 2% of the weekly charter cost for every lost hour, and all the expenses that arise because of the delay. Therefore it is recommended to plan the safe route and to return to marina in the evening day before returning the yacht. If the lessor suspects that the bottom of the yacht or the keel have been damaged, the yacht may be lifted from the water and inspected at the expense of the guest. If we estimate that you are not able to operate the boat, we will provide skipper and you will pay him, according to valid price list. In case of lost or damaged items or parts of the equipment, the guest is charged the actual cost of repair or replacement, including transport costs and the expenses of eventual lost charter days for the yacht. The damage compensation is calculated at the return of the yacht. If the expenses cannot be estimated at once, an adequate portion of the deposit is retained and settlement is made within 30 days. All hidden damages or missing parts that are not seen at check out but charter base finds in 24h from check out has right to charge guest. For example burned or ripped or similar. The rental fee does not include fuel, mooring and taxes in other marinas. During the check out if we evaluate that boat is to dirty, we have right to charge you extra for cleaning. 5. GUEST COMMITMENTS The Guest is obliged to handle the yacht and its equipment carefully and mindfully. The Guest is obliged to sail within Croatian territorial waters; all the exceptions need special approval or permit. It is not permitted to sub-lease the yacht or transfer it to the third person, to embark more persons than on the crew-list, to sail at night during unsafe weather conditions or to violate public regulations, rules or laws. Not to take part in regattas without a special preliminary agreement with lessor. The guest is responsible for all the consequences. The guest or the skipper, has to have valid permit for sailing and radio telephony license (VHF). In case of failure on the yacht or its equipment the guest has to inform the lessor immediately using the phone numbers stipulated in yacht documentation. The lessor is obliged to promptly correct the failure. In case the failure is corrected within 24 hours the guest has no right to reimbursement. The guest is obliged to inform authorities and the lessor in case of loss of the yacht or its equipment, malfunction in operating the yacht, dispossession, confiscation or prohibition of navigation by the state authorities or other persons. Not to tow other vessels, except in case of uttermost emergency. Damage caused by negligence and irresponsibility are not covered by insurance, guest pays all costs. The guest bears all the responsibility towards the lessor for all the consequences. In case bigger damage and client`s fault for example to hit the ground and passes it is considered that charter is complete. Arrival of pets (dog/cat...) on request. 6. INSURANCE The yacht has Third person liability and Full comprehensive insurance with deductible part (deposit). In case of large damage or a presence (collision) of other yachts, it´s necessary to make report at the nearest Port authority. The protocol (incident development, estimation of the damage) has to be made for the insurance company and the lessor has to be informed. If the guest does not fulfill all the commitments he could be charged for all the damage. Damage on sails is not covered by the insurance and the guest covers all the expenses. The guest has to check the level of engine oil, oil in gear and cooling system of engine every day. The Damage on gear and engine is not covered by insurance, all expenses will cover the guest. Personal items are not covered by the insurance, it is recommended to insure them individually by the guest. 7. CANCELLATION TERMS If the guest cancels the charter for any reason he could transfer his rights and commitments to other person by preliminary arrangement with the lessor. If the guest does not find other person the cancellation expenses would be charged as follows: - Cancellation up to 2 months before charter 30%. - Cancellation up to 1 month before charter 50%. - Cancellation within 1 month before charter 100%. Insurance of reimbursement is recommended. In case of cancellation because of objective reasons (death in the family, serious accidents, war and similar), the advance payment is not refunded. The charter company will arrange a suitable vessel at the next available date or next season. 8. COMPLAINTS Only the complaints in written form delivered at returning of the yacht and signed by both parties will be taken into consideration. 9. ACCEPTANCE OF THE CONTRACT AND ITS CONDITIONS The Guest confirms that he has read the Contract and that he understood the nautical terminology used therein. The Guest agrees with General Conditions of the Contract. 10. JURISDICTION In case that a dispute cannot be mutually settled the arbitration is under the jurisdiction of the lessor's Court in Šibenik.