OPĆI UVJETI NAJMA

2014.

 

CHARTER FEE shell cover the use of fully equipped vessel, insurance of the vessel to the value exceeding the contacted deposit, and personal insurance. Charter fee shall not cover the cost of fuel and other suplies, delivery, skipperage and the other optional service, marine and berthing costs during the charter period.

 

PAYMENT: The way of payment is declared as a part of this agreement and cannot be modified without approval by the Agency.

 

CHARTER LIABILITIES: Charterer is obliged to sail within Croatian teritorial waters and written permit must be issued if otherwise. Charterer accepts committment that he will neither sublet nor lend the vessel to any other person, that he will not take part in regattas, will not use the vessel for any commercial purposes, professional fishing, diving school, sailing school etc., and that he will sail only under safe weather conditions. Charterer is also obliged to respect the costums and other rules and regulations, to keep the log book correctly and to handle the vessel, its inventory and equipment with care.

In case the vessel is chartered bareboat, Charterer declares that he possesses a valid navigation and VHFlicence issued by oficial Government or, if otherwise, that he will leave the conduct of the vessel to a crew member who has the licences required. Charterer is liable for all navigation rules violations and other regulation offences also after charter period.

 

VESSEL DOCUMENTS: The is delivered with all documents required for agreed activities and Charterer is responsible to keep them safe and show them in case that costal guard (policy) requires.

 

CHECK-IN: Agency is obliged to deliver the vessel to Charterer seaworthy, completly equipped, with wather and fuel tanks full, clean and tidy. The vessel remains the property of Agency for the whole charter period. Prior to signing this agreement, Charterer is obliged to check general condition of the vessel and weather conditions, all the equipment items as per enclosed check list that are on the vessel. All shortages, defect of the vessel and equpment unnoticed at delivery time give no right to Charterer to reduce the orginal charter fee.

 

DEPOSIT: Upon delivery of the vessel Charterer leaves the security deposit to Agency in cash or by means of credit card in the amount stated in this agreement. The deposit is fully refunded if the vessel is returned to Agency at the agreed time and place, clean and undamaged with the fuel tanks full. If Charterer charters the vessel with an Agency skipper, he is also obliged to leave a deposit wich does not cover cost resulting from the skippers negligance and missuse of the vessel and equipment.

 

CHARTER PROLONGATION: If Charterer wishes to prolong agreed period or change check-out place he is obliged to contact Agency on time and ask for written approval for new time and/or place of check-out.

 

CHARTER WITHDRAWAL: If for any reason charterer and his party withdraws after check-in, Agency will retain the whole charter fee and charge Charterer for all expenses which might be caused by the withdrawal. In case that withdrawal is made four weeks before check-in date, Agency will keep 50% of charter fee. If client cancels booking within four weeks, Agency will keep whole charter fee.

 

BREAKDOWNS AND DAMAGES: All breakdowns and damages regardless of the cause shall be resported to the Agency immediately, Agency will instruct the Charterer about workshops where necessary repairs and spares and/or equipment replacement may be done. Unauthorized repairs and spares/equipment replacement will be on Charterers account.

 

AGENCY: If for any reason due to causes out of Charterers responsibility and competence the chartered vessel cannot be use charterer may request reimbursement for the days when the vessel is not at his disposal. Agency may provide available another vessel of similar or better charactrristics for the same charter fee.

 

CHECK-OUT: Charterer is obliged to hand over the vessel to Agency at agreed time and place, clean and undamaged with fuel tanks full. If Charterer fails to return the vessel on time and place set, he makes commitment to pay to Agency triple daily charter fee per day of delay plus Agency losses and expenses resulting from the delay. The delay might be justified in case of force maieure only if Charterer informs the Agency immediately. The cost of damaged or lost items of the vessel or equipment due to negligence and missuse cost by Charterer and his party are to be covered by Charterer, i. e. Agency will deduct the amount in question from the deposit. In case the vessel is returned unclean above the standards, Agency will deduct the stated sum from the deposit for cleaning costs. Agency will charge Charterer for the fuel refill in case that the vessel is returned with the fuel tanks not full.

 

INSURANCE: The vessel, equipment and crew are insured for damages and losses over deductible franchise wich depend upon the type of the vessel. The vessel is provided with third party liability coverage. All damages and/or losses covered by insurance must be reported to the Agency's representative immediately.

 

CHARTERER RESPONSIBILITES: Charterer will cover all expenses to Agency for material and legal costs wich might result from Charterers acts and/or neglect for which Agency is responsbile to a thrid party and which are not covered by insurance. Charterer is particulary responsible in case the vessel is seized by officials on the basis of illegal action.

In case of avarage and/or accident, Charterer will record the course of events and request the necessary written certificate from harbor master, physician or other autohorized official. Charterer will also immediately notify the Agency about such an event. In case of vessels disapperanca, impossible navigation of vessel, seizure or prohibition of further sailing by officials or other persons, Charterer is obliged to notify the the autorized official and Agency immediately. Charterer is obliged to check the oil in the engine every day. Dameges and losses resulting from the lack of oil in the engine will be covered by Charterer. Damages of underwater part of the vessel caused by Charterers negligance or missuse will be inspected and reparied on Charterers cost.

 

PROPERTY LOST: Agency shall not be liable for loss and/or damage of Charterers property and belongings, or property of any other person, stored and kept on the vessel, service vehicle or business premises of Agency. By signing this agreement the Charterer expressly waives all claims for such losses and/or dameges against Agency.

 

COMPLAINTS: Only those complaints that are submitted in writing during check-out and singed by Agency representative and Charterer himself, will be taken in consideration.

 

ARBITRATION: Any dispute arising and the charter shall be setteled amicably by mutual agreement. If it cannot be resolved in that manner, it shall be referred to arbitration in the Court of Zagreb.