General charter terms
NAUTICo. YACHT SERVICE NOVIGRAD
Storage – Transport – Consulting – Selling
Bužinija 32a, 52466 Novigrad, Istra – Croatia
Tel/fax: +385 (0)52 75 80 80, (0)52 75 80 40
GSM: +385 (0)98 33 49 80, (0)99 375 80 80
MB: 1683560 OIB: 00791268883 IBAN: HR9123800061120004079, IKB d.d. Umag
General charter terms – NAUTICo. Charter Novigrad
1. CHARTER PRICE
The price includes charter of a boat with its equipment. Harbor dues, taxes and fuel costs are not included in the price.
2. PAYMENT TERMS
The chartered boats with complete equipment can be used only after the payment was regularly settled (40% upon booking, the rest 4 weeks before the rental).
3. CONDITIONS OF CANCELLATION
If the charterer for any reason gives up the charter, he can, if previously agreed with the owner, find another person to take over his rights and duties. If he fails, the costs of cancellation will be reimbursed from the deposit as follows:
– For cancellation up to two months before the commencement of the charter – 30%
– For cancellation up to one month before the commencement of the charter – 50%
– For cancellation within the last month before commencement of the charter – 100%
If cancellation is due to objective reasons (death of family member, heavy injury, war, etc.) the accepted deposit shall not be refunded, but the owner shall give the boat to the charterer at his disposal for another free period of time or within the next season.
4. THE TAKEOVER OF THE BOAT
The owner will put at charterer’s disposal only completely equipped boats with full fuel tanks and in perfect condition, and the same condition is expected to be returned. The boats are put at charterer’s disposal at the appointed time, from 17°° to 21°°, at the appointed place. If the charterer fails to takeover the boat within this 48 hours, the owner is authorized to give up the contract. If the owner is not in position to place the boat at the appointed place 24 hours after the end of the term, or provide another, at least similar or better one, the charterer has the right to cancel the contract and get the charter money reimbursed. The owner could reimburse only the amount of the charter, any other compensation possibility is excluded. The charterer is obliged to examine and carefully check the condition of the boat and equipment according to the inventory list. The possible covered defects on the boat or its equipment which couldn’t be known to the owner at the moment of takeover, as well as defects which could arise after the takeover, do not give right to the charterer to reduce the charter price.
If the further cruise is for any reason not possible or the overdue of the disembarkation is unavoidable, the owner must be informed due to give further instructions. The charterer bears all the charges of the owner that result from the overdue caused by bad weather. Therefore, the careful planning of a route is recommended. Return in the evening hours of the day before check out is obliged. Exceptions are possible only if agreed between the charterer – owner on the spot. The owner reserve the right not to hand over the boat if in the judgment of their representatives the charterer is not competent for any reason to operate the boat, or to give the instructions the charterer’s expense.
When takeover the boat, a caution money is to be deposited according to a valid price list. If the charterer returns the boat in good conditions and in the scheduled time, the caution money will be returned with no deductions. The caution money is to be deposited also in case when the charterer charters a boat together with a skipper. In case of personal negligence and/or loss of one or more equipment items, the charterer bears all the costs.
The boat is insured against the third person damages and fully insured for all the damages resulting from force majeure up to the registered amount of the value of the boat for the risks according to the insurance policy. If damage occurs during the cruise and client is not to be charged (due to normal exhaustion or in case of overdraft of the guarantee sum), it’s necessary to call the owner for permission (instruction) for the boat repair.
In case of serious damage, as well as in the case when more boats are involved in the accident, it is necessary to report the case to the competent port authorities and a protocol (the course of events, estimation of a damage) for the insurance company. At the same time the owner must be notified. If the charterer does not fulfill his obligations, he can be charged for the damage. The damage to the engine resulting from lack of oil is not covered by insurance. The charterer is obliged to daily check the oil in the engine. Personal belongings are not insured and recommended to the charterer to do. The crew is insured.
7. THE OBLIGATIONS OF THE CHARTERER
The charterer agrees to sail in Croatian territorial waters. It is not allowed to sublease or give away the ship to a third party, to board more passengers than is included in the crew list, to sail at night by unsafe weather conditions, to not respect all customs, valid laws and other regulations. For the consequences arising out of this the charterer assumes all the responsibility.
The charterer or skipper declares that it has all necessary navigational skills and that he possesses the valid license necessary for the navigation at the open sea and as well a confirmation of finished course on handling the radio station, which must be presented. In case of boat or equipment damage, the charterer must report to the owner by calling one of the numbers listed in the documentation on board. The owner is obliged to fix the damage within 24 hours upon receiving the report. If the owner fixes the damage within 24-hour period, the client has no right to any compensation. The contact telephone numbers, which should be used in case of any damage, are listed in the boat’s documentation.
The charterer is obliged to notify the authorities and the owner in case the boat or equipment went missing, if it is impossible to operate the boat, and in the case of confiscation, seizure, or if the navigation was prohibited by state authorities or third parties. If the charterer does not comply with its pre-specified obligations, he bears full responsability for all the consequences and is liable for the same.
The owner will consider only the written complaint, signed by both parties, immediately upon the return of the boat.
9. DISPUTE RESOLUTION
Eventual cases, which cannot be solved peacefully, will be under court’s jurisdiction in Buje.