Cool Breeze

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

COOL CHANGE catamaran Ivulići nautika d.o.o. (ltd.) yacht Ulica Vladimira Nazora 2 51211 Matulji Croatia Vat. No.: HR07486402743 Phone: +385958153148 e-mail: coolchangecatamaran@gmail.com General Terms u0026amp; Conditions of Charter Contract In further text: General Terms u0026amp; Conditions of the Charter Contract u003d Contract, Ivulići nautika d.o.o. (ltd.) as owner of COOL CHANGE catamaran u003d Charter company Charterer u003d Client COOL CHANGE catamaran u003d Yacht Skipper, hostess u0026amp; chef (if aplicable) u003d Crew This Contract is valid under following conditions: 1. The Client will hire a Yacht with the Crew, Yacht to be equipped in accordance with positive regulations on navigation in sailing area as defined by Charter Contract. 2. The Client is obliged to treat the hired Crew well and with respect. The Client is obliged to provide provisions (food and drink) for the Crew during the entire charter period. 3. The Client will pay the agreed charter price and extras, amounting to and in accordance to the terms as stated in the Lease Contract. Payment terms:  50% advance payment to be paid within 7 days from the date of the booking confirmation  50% of the price 30 days prior to the charter start date 4. Unless agreed otherwise, The Client is obliged pay the Advance Provisioning Allowance (APA) as defined in the Lease contract. APA is intended to cover the operating expenses such as crew fee, fuel, food, drinks, port and mooring charges, communications, extras and Client’s particular request for services, itinerary, etc. The Crew will keep an accurate record of spending and at the end of the charter period Client will be refunded or asked to pay the difference if additional operating costs are incurred. This also refers to the obligations which may arise from the Yachts use, and which may become due after the expiration of this Contract. 5. The Yacht can be exclusively used for cruising purposes. 6. Charter company confirms the Yacht is fully insured. Independently on insurance the Client is obliged to pay indemnity for all damages or losses for which the Client may be personally responsible, i.e damages or losses on Yachts equipment or inventory only and directly caused by the Client. 7. If the Client cancels the charter for any reason (other than due to Force Majeure) after booking confirmation, the Charter company will keep:  50 % of the total amount for cancellation between Date of Booking Confirmation to 31 days before the original embarkation date  100 % of the total amount for cancellation less than 30 days before the original embarkation date 8. Charter company shall not be liable for any loss, damages, expenses, delay or failure in performance hereunder resulting from any force majeure event, including but not limited to acts of God, war or terrorist activities (threatened or actual), civil unrest, natural or nuclear disaster, fire, floods, unavoidable technical problems with transport, closure or congestion of airports, unforeseen alterations to public schedules, action of the elements, epidemics, insurrection, piracy, strikes, acts of the public enemy, federal or state laws, industrial dispute and any other cause beyond the reasonable control of Charter company which makes continuance of operations impossible. In the event of a delay or failure of performance based upon an event described above: - All payments made towards the Charter company shall be used as a credit for a future charter. No refunds will be provided. - If the parties cannot book a new charter at that time, Client’s deposit will remain as a credit with Charter company and will never expire. 9. If it is an established fact before the start of the trip that neither Yacht not apropriate replacement will be available on the agreed date, the Charter company shall be obliged to inform the Client as soon as the former knows the facts. In this case both parties may withdraw from the Contract before the assumed start of the trip. Payments made by the Client will be fully refunded. No further claims may be raised. 10. In case Charter company cancels this Contract, Charter company is obligated to refund the total amount paid by the Client. 11. If because of some reasons that may be imputed to the irresponsibility of Charter company, come to a breakdown or an engine trouble on the Yacht that would enable or considerably hinder the Yachts use, the Client may cancel this Contract. In that case Charter company is obliged for taking over the Yachtl to the nearest safe port, pay back to the Client an appropriate part of the charter price enlarged for 10%, and bear the transportation expenses of the Client and his crew to the port of planned disembarkation. 12. Rented equipment including but not limited to watersport toys ( water skiis, wakeboard, sup, kayak, banana u0026amp; donut, extra tender etc.) Client will use on his own responsibility. In case of any damage done while using the rented equipment, Client should pay for damage upon check-out. Payment is possible on the spot in cash, or can be charged from the remaining APA amount. 13. The Charter company undertakes responsibility that the Crew shall be in possession of a valid (navigation) and other relevant licenses as being requested by laws and regulations in force related to the Yacht and the sailing area covered by Charter contract. The Client accepts that the Crew has right for making final decisions on sailing plans. 14. Charter company is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Yacht for the Client and members of his crew, as well as for possible passengers, and to third party for the duration of this Contract. Charter company is also not responsible for postponements or changes of plans of the Client caused by bad weather conditions or some other similar reasons. 15. The Client is not authorised to rent the Yacht to the third party. Crew and passengers aboard the Yacht should be the one, by name and by crew/passenger number, as stated in the official Crew List. It is also not allowed to embark any animals without written permission granted by Charter. 16. Any claims for damages raised by the Client against the Charter Company will be consider during check -out, with all necessary pertinent explanations and demonstrative evidence (including photos, audio u0026amp; video recordings and similar). In the case that complaint can not be solved during the check-out procedure, it should be sent to Charter company by e- mail in a written form, with all pertinent explanations and demonstrative evidence within 14 days after the charter is finished. Subsequently received or incompletely documented complaints will not be taken into consideration by the Charter Company 17. In case of any dispute or controversy under this Contract, an attempt shall be made to settle dispute or controversy peacefully and by understanding. If dispute or controversy cannot be thus resolved, the matter shall be forwarded to the Court of Rijeka, and shall be subject to Croatian law. In Matulji, 1. september 2022.