Comfort

Rédigées par la société de charter, telles quelles et dans sa langue. navi-gate n'en est pas partie.

GENERAL TERMS AND CONDITIONS FOR SKIPPERED OR CREWED CHARTER OF VESSEL 1. Introduction Charter company SPECTRA ENTERPRISE d.o.o. , Zrinskih 8, 20210 Cavtat, OIB : 99238003792, (hereinafter: Charter company), guarantees the authenticity of the information and the conditions under which the charter fleet is offered. Charter company takes care and maintains the offered vessels with the attention of a good host and guarantees that they are technically in order and in good condition. The person who realizes the first payment (hereinafter: the Client), and thus confirms his reservation for one or more vessels from the Charter company offer, establishes a legal relationship with the Charter company, by which he consents that he agrees with the general conditions of renting a vessel and with the terms that are herein given for his consideration. All the data announced in these conditions present legal obligation, both for the Client and for Charter company. These conditions are the foundation for resolving eventually arisen disputes between the Client and Charter company; therefore the Client is obliged to read them carefully. If the charter contract is concluded with an Agent’s mediation, the Agent shall assume the role of an intermediary between the Charter company and the Client. The Agent shall be liable only in the context of the duties and responsibility of an agent under the contractual relationship in place with the Client. The intermediary, in this contract, as well as in possible future revisions and in any unilateral statements issued by the Client towards the Charter company, shall act as an authorized representative in the name and for the account of the Charter company and is authorized to collect receivables. 2. Skipper Charter company on behalf of the Client will provide a professional Skipper or a Skipper and a Hostess to act under the direction of and on behalf of the Client in all matters regarding the management, operation and movement of the vessel unless the safety of the vessel, of any person on board or of a third party is in jeopardy, in which case the Skipper’s authority overrides that of the Client and s/he is under instructions of the Charter company to prevent or minimize injury and/or damage. The Skipper responsibilities and rights are precise in Article 11. of this document. 3. Pricing All listed prices refer to day Charters.The prices are in Euros. The listed prices include: technical control, clean and dry vessel, use of the vessel and its devices; the obligatory vessel insurance; a comprehensive insurance that exceeds the value of the deposit defined by the contract; Croatian sailing license, the charter license of the vessel, and every information published on the site at the page of presentation of the vessel. Harbor dues out of domicile marina, fuel expenses, skipper, hostess and other extra services and equipment on request are not included in the price. FUEL Pricing: Every Charter program and transfer has fixed price on the used fuel as follow: For M/Y “Contessa” (Princess F43) 2017,full and half day tours : ● Elafiti Islands full day 8 hrs: 500€ ● Elafiti Islands half day 4 hrs: 500€ ● Cavtat full day 8 hrs: 500€ ● Ston, Šipan Marčuleti full day: 800€ ● NP Mljet: 1100€ ● Korčula: 1500€ ● Sunset tour 2 hours: 200€ ● Montenegro: 1600€ For M/Y “Contessa” (Princess F43) 2017, transfers: ● Dubrovnik-Mljet: 1100€ ● Dubrovnik-Korčula: 1500€ ● Dubrovnik-Hvar: 2400€ ● Dubrovnik-Split: 2800€ For motor boat Jeanneu Leader 30, full and half day tours: ● Elafiti Islands full day 8 hrs: 200€ ● Elafiti Islands half day 4 hrs: 200€ ● Ston, Šipan Marčuleti full day: 700€ ● NP Mljet: 800€ For motor boat Jeanneu Leader 30, transfers: ● Dubrovnik-Mljet: 800€ ● Dubrovnik-Korčula: 1100€ ● Dubrovnik-Hvar: 2100€ For motor boat Mercan 34, full and half day tours: ● Elafiti Islands full day 8 hrs: 100€ ● Cavtat full day 8 hrs: 100€ ● Elafiti Islands half day 4 hrs: 100€ ● Ston, Šipan Marčuleti full day: 150€ ● NP Mljet: 200€ 5. Inquiries and reservations Inquiries and reservations for charter can be made by e-mail, by filling-in the enquiry form on the web pages www.dubrovnikboatgabriel.com or in person at the Charter company office. By confirming a reservation, the Client confirms that he/she is aware of the General terms and conditions of the vessel charter and fully comprehends and accepts these terms which are binding for both the Client and Charter company. The Client is obligated to provide any information which is required for the reservation process. Once the reservation is confirmed and the Client has provided all the information requested, the Charter company sends him/her the Charter contract, the General terms and conditions are integral part of, with the specification of all the services included, pricing and payment details. In order that the reservation becomes final, the Client undertakes to pay the amount specified in the contract to be paid by reservation confirmation. 6. Payment dynamic and payment methods The charter price is to be paid for as follows: 50% of the charter price right after the reservation has been confirmed 50% of the charter price at least 30 days before the beginning of the charter period The Client can take over the reserved vessel only under the condition that he has realized all the necessary payments. By realizing the first payment, the Client confirms that he is completely familiar with all the characteristics and conditions under which the certain vessel is offered to him. By realizing the first payment, everything that is mentioned in these conditions becomes a legal obligation, both for the Client and the Charter company. Payment can be done in Euros on our bank account by bank transfer. Fuel and crew has to be payed on board after the charter. 7. Cancelation and change of service In case the Client requests a change of reservation after the subject reservation has been confirmed, the change is possible only for the same period as previously booked and if the Charter company may offer another vessel as a substitute. In case the Charter company may not offer another adequate vessel the change of reservation is to be considered as the cancellation of the reservation. The change of period is possible only if requested 60 or more days prior to the day on which the charter service was to begin and if the Charter company may offer another substitute period. The Client must send a cancellation or change notice, if it is possible to send such a notice, in a written form by e-mail or fax. In case it is not possible to change the reservation and if it results in the Client cancellation of the reservation, the below-stated terms shall be applied. If the Client cancels a reservation (booking) of the charter service on the vessel 30 or more days prior to the day on which the charter service is to begin, the Charter company shall keep 30% of the charter service price. If the Client cancels a reservation (booking) of the charter service on the vessel up to 14 days prior to the day on which the service is to begin, the Charter company shall keep 100% of the service price. If, for any reason, the Client and his/her crew cancel the accommodation service on the vessel, after they have started service,, the Charter company shall keep the entire price of the service and the Client shall bear all the costs that may result thereof. In case of Covid – 19 related travel restrictions in force in either Croatia or the Client’s country in the period when the charter is due which will prevent Client from taking the vessel Charter company will refund to the Client the entire paid amount. Under travel restrictions considered are: ● officially closed borders ● 7 or more days quarantine requirement imposed on the Client upon return from his/her holidays ● if boating or any non-essential travel is officially prohibited ● Under travel restrictions considered are not: ● obligatory Covid19 (PCR) test before or after the Client’s holidays ● transportation disruptions If the Client who cancels the reservation finds a new Client for the same reservation, the Charter company shall charge only possible costs caused by the subject replacement. 8. APA (Advance provisioning allowance) A refundable advance provisioning allowance is payable up to 7 days prior to the start of the charter. APA is an advance payment required to be made to fund estimated boarding costs of the charter price used to cover the costs of yacht preparation, requested supplies, port, mooring and other legal charges and fees, diesel and fuel, communications, crew gratuities, extras and depends on guest particular request for services, itinerary, food, beverages etc. In case APA is not entirely used at the end of the charter, the remaining part is refunded to the client. In case the spending exceeds the APA, guests can be asked to pay the additional part. Paying APA is mandatory for the charter service. APA will be 20% of the charter price if not agreed otherwise. APA will not be required for day charter. 9. Start of the charter service Client should come at an agreed time and place. If the Client does not show up within 12 hours from the agreed time without previously announcing it, the Charter company is authorized to unilaterally terminate the contract and the Client has no right to subsequently ask for compensation. If due to whatever reasons Charter company is not able to deliver the reserved boat in the agreed time and place, the Charter company has a 24-hour time, from the agreed time of taking over the boat, to provide the Client with another boat with equal or better characteristics refunding the client for the 24 hours he was not able to use the boat. If the Charter company does not succeed in doing so, the Client has the right to terminate the contract and to be reimbursed of the already paid amount. Charter company shall not be liable for any delay due to the Acts of God or rough weather conditions. The Charter company is obliged to give out to the Client a technically correct boat and completely equipped with full tanks of water and fuel, clean and dry, ready for sailing. 10. Clients commitments and responsibilities 1. The Client is obliged to respect the laws of the host country 2..The Client is not allowed: - to lend the vessel to third persons; to participate in the competitions which include the usage of the vessel; to use the vessel for economic purposes; to use the vessel for professional fishing; to use the vessel for the purposes of a sailing school; to sail in unsafe weather conditions. 3. The Client is obliged to pay to the Charter company all material and legal expenses which may result from the acts and/or negligence of the Client, which are not covered by insurance and for which the Charter is liable to third persons. The Client is particularly liable if the vessel was confiscated due to illegal activities. 4. It is not allowed to keep domestic animals (such as dogs, cats, birds etc.) on the vessel without approval of the charter company. 5. It is not allowed to take more passengers onboard than the boat is intended for, and to take more people on board than the ones listed on the crew list. 6. The Client will be held liable for the damage that he or the rest of the passengers may cause to the vessel or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.). 7. Passengers shall respect all safety instructions as announced by the skipper of the vessel, according to the marine law, the skipper is the only responsible person for the people onboard and the yacht itself. 8. Client shall be responsible for the operation costs for the entire charter period for himself and his guests.. 11. Skippers commitments and responsibilities 1.The skipper will check in/out the yacht on behalf of the Client. 2.The skipper will demonstrate to the Client the safety equipment and the functionality of the yacht and its equipment, as well as all actions in case of an emergency. 3.The skipper is responsible for the navigation of the yacht, mooring, anchoring, and maneuvering and for keeping the deck and cockpit of the yacht clean, in good and fully functional condition. Other tasks such as cleaning, cooking, etc. are not part of the skipper’s obligations. 4.The skipper should respond to any Client’s request regarding various tourist information and share all knowledge he happens to have (such as interesting anchorages, sights and spots, museums, restaurants, nightlife, attractions, water sports points, etc.) acting partially also as a “guide” or a local “host” at the highest possible degree. 5.The skipper is supposed to navigate and sail the yacht for a maximum of 8 hours a day (unless otherwise agreed). The skipper should never leave the yacht unattended when anchored and should stay alert during day and night to ensure the safety of the passengers and the yacht. The skipper will consult the Client for the desired sailing schedule and route and will coordinate this considering the safety and pleasure requirements of the passengers. 6. The skipper is fully responsible for the mooring of the yacht, the refilling of water and diesel and fuel for the outboard engine and for arranging the port formalities. These costs will be paid from APA. 7. The skipper takes the decision according to the weather conditions and forecast if he can spend the night in a port or in a bay on the anchor. 8. The Client is held liable for damage that he or the rest of the passengers may cause to the yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.). 12. Insurance The insurance is determined by the terms defined by the insurer with which the yacht is insured. The yacht is insured against the damage caused by third persons and fully insured against all the damage resulting from Acts of God up to the registered amount of the value of the yachts for the risks according to the insurance policy. All passengers and crew are insured while onboard. 13. Property loss The Charter company is not responsible for losses and/or damaging of the property of the Client and the rest of the crew, someone else property that has been laid down and kept on the boat, in the transportation vehicle, in the Charter company office or in the owners boat. By agreeing to the general conditions of renting a boat the Client renounces his rights of requesting compensation from the Charter company, for losses and/or damage of his personal and/or someone else property. 14. Complaints If any Client feels that the already-paid services are not completely and/or qualitatively performed, he has the right to issue a complaint to the Charter company. The Client may request a proportional compensation only if during checking-out of the boat he issues a written complaint and encloses all corresponding documentation. Both the Client and the Charter company representative should sign the written complaint. The Charter company will not consider additionally received and incomplete documented complaints. The Charter company is obliged to come up with a written solution to the accepted complaint within seven (7) days upon receiving it. The Charter company can postpone the solution period for maximum another seven (7) days for the purpose of collecting the data and verification of the complaint that, directly or indirectly, concerns the involved persons cited in it. The Client renounces any mediation by any other person, law institution or giving information to the medias until Charter company comes up with a solution to the complaint. If the Client breaks this regulation, because of the violation of the procedure, no matter his assertions, he loses the right of compensation. The Charter company has the right to ask for compensation from the Client due to the harm he has done to the Charter company. The highest amount of compensation can equal the amount of the advertised service but cannot include the already used services or the whole amount of the rent. This excludes the Client right for compensation for non-material damage (such as bank charges for sending money, phone expenses, additional fuel costs, loss of time, excessive stress, mental pain ...). The Charter company can not be held responsible for possible weather conditions, temperature or clarity of the sea, crowded destinations and all other similar situations and events which may cause the Client discontent, but are not directly related to the quality of the booked service. 15. Jurisdiction The Client and the Charter company shall endeavor to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Split. The competent law shall be the law of the Republic of Croatia.