Terms and conditions

1.INTRODUCTION

The following terms and conditions regulate rights and obligations between the charterer ( further in the text referred as „client“) and the lessor ( further in the text referred as „Charter company).

Adriatic Charter Miles, obrt za turističku agenciju i usluge, vl. Mila Pejković, Split, Ulica Drinskih mučenica 4, referred as Adriatic Charter Miles.  

Charter contract consists of payment offer, issued by Adriatic Charter Miles, and the related charter conditions of the Charter company.

Client confirms his acceptance of general charter conditions and the privacy statement signing the contract and making the advance payment. This way he accepts it on his behalf and on behalf of his crew.  With the above charter contract is concluded and valid.

2. CHARTER PRICE AND PAYMENT CONDITIONS

Charter price includes vessel rental with all its standard equipment, vessel and crew insurance during the charter. Charter price doesn’t include other services in the base marina. These would be parking, berth, fuel, skipper and hostess service, food, drinks, tourist taxes. Charter price doesn’t include extra costs in other marinas and optional services either.

Client can takeover the vessel only after fully paid charter price within the given time frame. We need to receive advance payment upon reservation confirmation by the client. Balance payment is due the latest 6 weeks before the charter starts. All bank costs are at client’s expenses.

3. CHARTER COMPANY’S OBLIGATIONS

Charter company has the obligation to provide the client with the vessel in proper working condition with all its equipment.  At the time of the handover of the vessel to the client, the vessel must be in perfect working condition. Boat needs to be with full fuel and water tanks. Client will takeover the vessel at the agreed time and place with all the necessary vessel documentation.

If the charter company is not able to offer the vessel client booked, as per the contract, the charter company has the obligation to provide the replacement vessel. The charter company needs to offer the vessel of the same or better characteristics with regards to the one previously booked.

If the vessel or any of its equipment is damaged due to  natural causes, the client must immediately notify Adriatic Charter Miles and the charter company. Charter company has the obligation to remove the damage on the vessel within the 24 hours, or as per charter conditions. In this case, the client is not entitled to compensation.

4. CLIENT’S OBLIGATIONS

The client assumes responsibility for the vessel when taking over the vessel. Client can sail and use the vessel only within Croatian territorial waters. If client wants to sail outside the Croatian waters, he must obtain special written permission. He needs to ask this Adriatic Charter Miles or the charter company.
The client must follow all the rules and regulations during the sail, treating the vessel and its equipment with the utmost care. Sailing should be only in case of favorable weather conditions and good visibility.

Client or the skipper on board, should have necessary navigational skills and must posses nautical certificates. Both nautical and VHF certificates are obligatory for navigation in Croatia.

Client has the obligation not to charter nor handover the vessel to the third party. He also has the obligation not to use it in any commercial purposes. Client also needs to confirm that the only people on board will be the ones in the crew list. This he confirms before the embark. He also needs to confirm he will hold to all navigation rules and regulations.

If the vessel is a part of an accident during the charter in which the vessel or any part of its equipment suffers any damage, Client must inform the charter company and Adriatic Charter Miles on this immediately.
If the carelessness or negligence with the third party is a cause for the damage on the vessel and the boat insurance doesn’t cover this type of damage, Client has the obligation to cover all material, legal and other expenses.

In case that the vessel is lost, hijacked, confiscated or it is prohibited by an authorized person to perform further sailing, the Client has the obligation to inform the charter company, Adriatic Charter Miles and all other competent persons about this event.

Client’s obligation is to check the oil level on daily basis. He also has the obligation to cover all possible expenses and damage due to the lack of oil in the engine. When there is damage on the underwater part of the vessel, that is a cause of the client’s gross negligence or carelessness, he also has the obligation to cover all expenses.

In case of any malfunction on the vessel during the charter, Client has the obligation to inform Adriatic Charter Miles and the charter company. Charter company base needs to repair eventual damage as soon as possible.

The vessel documents that are always on board, include all charter company emergency contact numbers.

5. INSURANCE AND DEPOSIT

All vessels have the necessary insurance that includes passenger insurance as well as the third party liability insurance. Relevant insurance company sets the insurance conditions. Vessel documents contain insurance policy with all its conditions.

Insurance doesn’t cover the damage on the vessel or any part of its equipment if the client caused the damage by the carelessness or gross negligence. Client is completely responsible for the damage in this case. He has the obligation to cover the damage expenses, but not from the security deposit amount.

Insurance policy doesn’t cover damage on sails or engine if this is due to the lack of engine oil. It also doesn’t cover the loss of equipment during the charter period.

In case of sea accident, with the third party, Client has the obligation to report the accident immediately. He reports the accident to the nearest Port Authority and obtains all necessary documentation for the insurance company. In this case, Client has the obligation to inform Adriatic Charter Miles, the charter company and the owner on such event. He also needs to provide all details on the accident. If the Client fails to act as above or make the late report to the Authorities, he will be responsible for all the damage that arises from the non-reporting or late reporting of the accident.

Prior to the handover of the vessel, Client has the obligation to leave security deposit in the base. The amount of the security deposit varies due to the value of the vessel. Client can leave security deposit in cash or with a credit card. Some charter companies accept security deposit only in cash. Client needs to confirm this in advance with the charter company and Adriatic Charter Miles.

In case of any damage on the vessel, damage will be settled from the amount of security deposit.

Client has the obligation to return the vessel with full fuel tanks.

6. VESSEL HANDOVER AND INSPECTION

The client takes over the vessel with a full fuel and water tanks and he needs to return the boat the same.

During the handover procedure client has to inspect the vessel and its equipment together with a charter company representative. They inspect the vessel according to inventory list and confirm the state of the vessel with his signature. Subsequent complaints will not be accepted, if the client has previously confirmed the proper vessel functionality with his signature.

Usual return time to the base is Friday afternoon, while the check out is on Saturday morning. Client needs to return the vessel in the same condition in which he took it. This means the vessel is clean, without any damage and with all its equipment and with full fuel tanks.

If the client doesn’t return the vessel at the time and place set by the agreement, he will have to pay the amount of a daily charter price. The price is increased by 300%, charged by each hour that the client is late. Client can justify the late return to the base by the force majeure. In this case Client must immediately inform the charter company on the current situation and the fact that he will be late.

7. CHARTER CANCELLATION

If the Client wants to cancel the charter for any reason, he must inform Adriatic Charter Miles on this immediately. He needs to do so in a written form. 

If they cancel the charter for any reason, and they have already made the payment, Adriatic Charter Miles holds the funds. If the client cancels the charter within more than 6 weeks before the charter date, Adriatic Charter Miles holds the advance payment. Of course, depending on the situation, the charter company’s conditions and consent, Adriatic Charter Miles will try to make the payment refund. But, Adriatic Charter Miles has the right not to reimburse the payment. If the client cancels the charter within the 6 weeks before the charter date, with already fully paid charter, Adriatic Charter Miles will try to make the payment refund or at least a part of it. This will be done according to the associated charter conditions.

8. CREWED CHARTER

Client can request a skipper or a hostess during his charter. In this case, he needs to treat them with respect and ensure daily meals unless they have different arrangement. 

In case the Client hires a skipper for his charter, Client must leave security deposit for the boat anyway. In such case skipper is responsible for the boat and the crew in terms of maneuvering. Client and the guests are responsible for the boat and its equipment in terms of the interior and exterior ( if something breaks).

9. COMPLAINTS

If the Client or his crew have any complaints on the vessel after the charter finishes, they need to inform the charter company and Adriatic Charter Miles. They will respond to the complaint timely. Client must take the complaint in written form, sign it and handover it during the boat inspection at the end of the charter.