Charter company SEA DRIVE (IKS VODA d.o.o Kurilovečka 41, 10410 Velika Gorica ), OIB: 60863481647, (hereinafter: Charter company), guaranties the authenticity of the information and the conditions under which the charter fleet is offered. Charter company takes care and maintains the offered boats with the attention of a good host and guaranties 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 boats from the Charter company's offer, establishes a legal relationship with the Charter company, by which he consents that he agrees with the general conditions of renting a boat 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.
All listed prices refer to a seven-day charter of the boat, from one Saturday afternoon (2 p.m.) to other Saturday morning (9 a.m.).The prices are in Euros. The listed prices include: technical control, clean and dry vessel with full tanks of fuel (as they have to be when the Client returns the boat), use of the boat and its devices; the obligatory boat insurance; a comprehensive insurance that exceeds the value of the deposit defined by the contract; Croatian sailing license, the charter license of the boat, and every information published on the site at the page of presentation of the boat. Harbor dues out of domicile marina, fuel expenses, skipper, hostess and other extra services and equipment on request are not included in the price.
The Client is obliged 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, 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 Client undertakes to pay the amount specified in the contract to be paid by reservation confirmation.
The accommodation is to be paid for as follows:
The Client can take over the reserved boat 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, all that is mentioned in these conditions become a legal obligation, both for the Client and Charter company. Payment can be done either in Kuna or Euros on our bank account by bank transfer.
In case the Client requests a change of reservation after the subject reservation has been confirmed, the change is possible only if the Charter company may offer another boat as a substitute. In case the Charter company may not offer another adequate boat, the change of reservation is to be considered as the cancellation of the reservation. 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. By change of service the following is understood: change in the number of persons, names of the passengers, and the date of commencement of the charter, the date the boat is to be returned. In case it is not possible to change the reservation and if it results in the Client's cancellation of the reservation, the below stated terms shall be applied.
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.
A refundable security deposit is payable upon embarkation to cover policy deductible and can be paid in cash or by credit card (VISA, MASTERCARD, AMEX). The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht or the equipment is found during the returning of the yacht.In case of loss or damage of the equipment, particular parts of the yacht or the yacht itself, Charter company shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the yacht.
The boat can be taken over in the agreed time and place, from 14 p.m. to 9 p.m. If the Client does not take over the boat 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. 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. If the Client decides to wait for a substitutive boat more than the previously agreed 24 hours time, he can be refunded the amount of the rental for the days he was not able to use the boat. The responsibility of the Charter company for amounts higher than the amount of the rent, as well as for any other right of the Client for compensation, is excluded.
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. When taking over the boat, the Client is obliged to carefully verify and test the condition of the boat and its equipment, and verify whether the inventory checklist corresponds to reality. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects or deficits of the boat and/or the equipment, which were not known to Charter company when submitting the boat, as well as damage and defects after returning the boat that Charter company could not predict, do not give the Client the right to ask for discount on the price of the rent.
The Client is obliged to return the boat to the base port defined in the contract on Satuday morning until 9 a.m. unless otherwise stipulated, clean and tidy, with full tanks of fuel ready for further sailing, i.e., in the same condition he overtook it. If due to whatever reasons during the trip further sailing is not possible and/or exceeding the negotiated date of return is inevitable, further instructions should be given by contacting the base manager and the Charter company. The information about the announcement must be written in the boat’s diary. Adverse weather conditions cannot justify the exceeding of the negotiated return date of the boat. Exceeding is only justified in cases caused by Acts of God.
When it comes to exceeding the negotiated date of return, the Client guarantees that for a delay of three (3) hours he will pay additional daily rent. For delays over three (3) hours and for each beginning of a new calendar day, the Client must pay triple daily rent, as well as additional expenses that have come up due to the late returning of the boat. Therefore it is advised to the Client to return the boat to the designated port in the evening hours of the day before checking it out. In case of returning the boat to another port than the negotiated one, the Client must reimburse the Charter company all expenses caused by taking it back to the negotiated port, as well as expenses for any delay if such has occurred, as well as any damage occurred during transferring back the boat and that are not covered by the insurance policy. When returning the boat the Charter company's representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the inventory list.
In case the Client does not comply with the above given terms, the Client himself shall be held responsible for all the consequences that resulted thereof. The Client is liable for all the offences the Client might commit while using the boat, even after using the accommodation service on the boat.
The Client shall immediately notify the Charter company of any possible consequential damage, liability damage, collisions, accidents, disabling, operating breakdowns, seizure of the yacht or other events. The Client will follow on Charter company’s instructions for repairing the damage. If the damage cannot be repaired onsite the Client might be obliged – following the demand of the Charter company – to return earlier in the base marina if this is justifiable and reasonable under the circumstances. Should the Charter company be responsible for the damage, the charter costs will be reimbursed to the Client per each commenced day of not utilizing the vessel in proportion to the number of days . If the Charter company is not responsible the Client is not entitled to any claims. In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption the Charter company is obligated to remove the damage upon notification. If the Charter company removes the damage within 24 (twenty-four) hours, the Client has no right to require any reimbursement. Should the Client or his/her crew member be responsible for the damage on the boat or its equipment he/she will bear the costs up to the amount of the security deposit paid. Damages exceeding the deposit amount will be covered by Charter company’s insurance unless the skipper or crew act wilfully or in gross negligence in violation of the charter agreement.
The Client must possess necessary nautical knowledge and skills and a valid navigational license for sailing the boat at open sea, as well as a confirmation of the finished course on handling the radio station. If the client does not possess the required documents, knowledge and skills, he is obliged to let the boat be sailed exclusively by a crew member who owns it. The Charter company may require the Client or his/her crew to demonstrate their competence in handling and navigating the boat safely by actually operating the boat at sea with the Charter company's representative aboard. Should the Client and/or his/her crew fail to satisfy in this respect, the Charter company may terminate this agreement as stated above or put aboard the boat a seaman if the one acceptable to both the Charter company and the Client is available, at the expense of the Client for as many days as the Operator shall consider necessary for the safety of the boat and its passengers. Any time required for this test of the Client's competence and seamanship will be part of the agreed charter period. If the Client knows in advance that he will need the service of the official Charter company's skipper, he ought to notify the Charter company abut it during the reservation.
The boat is given to the Client's usage with all proper documents necessary for renting (permit, registration, insurance), as well as with all other documents which are part of the boat's folder. The Client is obliged to handle and keep all received documents with extra care. When returning the boat, the Client must give back all received documents and their annexes. The Client is obliged to keep records in the boat's diary.
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. The yacht crew is insured. The terms under which the yacht is insured are an integral part of this Contract and shall be delivered to the Charterer when taking over the yacht. In case of some bigger averages, as well as of those where the other boats are involved, the Charterer is obliged to report the case immediately to the authorized harbor-master's office and record it in the protocol (the course of events, estimation of a damage) for the insurance company. The Charterer is also obliged to report to the Charteree's office. The damage covered by insurance and in accordance with insurance policy, which has not been reported to the Charteree without deferral, shall not be acknowledged. In the case stated in the previous paragraph, the Charterer is personally liable for all the damage as the result of not reporting or late damage reporting. If the damage occurs during the cruise and the Charterer is not to be charged (due to normal exhaustion or in case of overdraft of the guarantee sum), he must receive a permission (instruction), from the Charteree for an adequate repair. The damage of the engine caused by the oil deficiency in the motor is not covered by insurance. The Charterer bears the charges for this damage. The damage of personal belongings is not covered by the insurance.
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's property that have been laid down and kept on the boat, in the transportation vehicle, in the Charter company's office or in the boat. By paying the necessary deposit and agreeing to the general conditions of renting a boat the Client renounces his rights of requesting a compensation from the Charter company, for losses and/or damage of his personal and/or someone else's property.
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's 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's right for a 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's discontent, but are not directly related to the quality of the booked service.
The 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 Velika Gorica. The competent law shall be the law of the Republic of Croatia.
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