| 1. |
The price includes the use of the yacht together
with all belonging equipment, insurance and the
maintenance thereof in the berth. |
| 2. |
In case the chartering party wishes to change
the date of the yacht use, this may be granted only
in accordance with the disposition possibilities
of the owner. |
| 3. |
The advance payment of the fee thereto is due
with the signing hereof. The Party guarantees to
execute the full payment of the amount agreed upon
in accordance with the conditions as stated herein,
while the security amount is to be deposited at
the latest on the day of the yacht takeover. If
the inpayment is late, the owner has the right to
cancel the contract. If the contract is cancelled
by the party, which cancellation should be explained
in writing, the owner has he right to claim a reasonable
fee for the preparations executed as well as for
the travelling costs. When the compensation fee
is calculated,the usually saved costs as well as
the income arising from the secondary intentional
use of the charter vessel, will be taken into consideration.
The amount of the compensation is determined in
accordance with the usage fee.
As a rule, these costs are as follows:
| a) |
50% if the cancellation has been made 30
days prior to the takeover date agreed upon |
| b) |
100% if the cancellation was made after
the 29th day prior to the takeover day agreed
upon. In case the mediator succeeds to rent
the yacht to another user for the whole duration
term of the cancelled charter time period,
all amounts payed will be returned, minus
a lump sum for the costs, in the amount of
20% (of the charter price), with an eventual
minimal compensation |
|
| 4. |
The eventual fee stays in the possession with
the owner, regardless of the fact whether the party
used the yacht for the duration of the usage right
or not. |
| 5. |
In case, owing to a distress during a previous
use of the yacht or any other type of hindrance,
the owner is not able to give the yacht at disposal
at the latest 48 hours after the date agreed upon,
the owner has the right and the obligation to give
over for use another vessel with the same number
of sleeping places. Failing this he is obliged to
return the amount of the usage fee, without being
obliged to follow any other type of claims or further
compensation to the party. In case the giving over
of the vessel is late (counting from the 4. hour
after the vessel is due to be given over in accordance
with the term agreed upon by the contract), a corresponding
part of the usage fee will be returned. |
| 6. |
The owner is obliged to close down the following
contracts on insurance:
| a) |
legally obligatory insurance and |
| b) |
full casco with a selfshare in accordance
with the case of damage. |
The conditions regarding the obligations from the
insurance contract are to be considered as an integral
part hereof. Personal belongings are not comprised
within the insurance contract. The insurance company,
the owner or the mediator do not guarantee for the
damages suffered by the passengers on the vessel. |
| 7. |
Any type of fuel needed is to be paid by the party:
diesel, gasoline, and batteries for radio, GPS,
etc.). |
| 8. |
The party must have a navigation permit necessary
for such type of yacht and must be familiar with
all necessary knowledge and experience in order
to be able to steer the yacht. The party is obliged
to have on the ship only such number of persons
as permitted for such type of vessel.The party is
obliged as well to use the said vessel only for
sports navigation, within the frame of the valid
ship and custom rules, excluding any kind of trade,professional
fishing, renting, rendering transport services,
regatta and similar. The leaving of the territorial
waters is permissible only subject to a previous
approval thereon given by the owner, issued in writing.
In case of any breach of the above rules, the party
is solely responsible regarding all navigation,
criminal, custom and all other legal and remaining
bodies as well as in case of confiscation owing
to the violation of any rules by the party, specially
in case of an unconscious guilt or rule violation.
The party is obliged to control, daily, the oil
level in the engine. The party guarantees the owner
and the mediator regarding any compensations for
the costs and damages arising from the violation
of the above rules or obligatory behaviour. The
party will allow the tugging of other yachts, including
the one subject hereof, only in case of an emergency,
but even in such a case only by the use of an own
rope in order to keep the costs and claims on the
ground of salvage as low as possible. The party
is obliged to do the best to avoid the contact with
the sea ground and, in case this does happen, to
inform thereon, immediately, the charter station.
In case any dangerous weather or sea conditions
are announced (and in any case if the wind announced
is more than Force 7 - 7 Beaufort), the party may
not leave the protected port or is obliged to search
for the nearest protected port or a corresponding
bay to be used as a berth. The vessel may not be
anchored on the open sea and left without supervision,
or it must be in such a case secured in such a way
that the yacht may be tugged away in case of an
emergency. |
| 9. |
The party is obliged to return to the starting
port within the term foreseen thereto and to announce
his presence to the owner. The party will be held
responsible for all and every cost and damages arising
from an untimely return of the yacht and, in case
this is the fault of the party, the party is obliged
to pay the lessor a double amount of the daily rent
together with the loss of the gain and the compensation
for the costs arising from the untimely return of
the yacht. Meteorological conditions which, taken
the experience into consideration, may be expected,
have to be calculated within a flexible navigation
plan and do not, thus, exclude the compensation
claim. |
| 10. |
The yacht must be given over to the party in the
navigable condition, clean and in accordance with
the inventory list. Regarding the usability of the
electronic instruments and the informative contents
of the navigation maps, no guarantee is offered.
The party is obliged to return the yacht and its
equipment in a good condition and in the function.
If the state the ship is in when returned is considered
as satisfying, the deposit will be returned. The
party will be charged with any eventual repairs
and cleaning of the vessel. |
| 11. |
The normal wear and tear damages in the amount
of up to 100.- EUR the party has the right to carry
the repairs out at his own expense. This cost will
be refunded with the invoice presented. Regarding
any repairs in the amount over and above 100.- EUR,
the party is obliged to ask for an advice and to
acquire a previous approval thereon from the owner
or his representative. |
| 12. |
In case of a heavy distress (collision, leakage
of water into the ship's interior, fire etc.), theft
and any damage amounting to more than 500.- EUR,
the party is then obliged to have a minute executed
thereon, by a corresponding sworn expert, and is
obliged to inform the owner or his representative
at the earliest possible convenience, asking for
their advice or instructions. In case of a theft
of the yacht itself or any part of its equipment,
the party is obliged to report the event to the
police. If the party does not fulfil the said formalities
as required by the insurance company, a full compensation
regarding the damage caused by the theft or the
distress may be claimed. The same is valid in case
of the vessel confiscation. |
| 13. |
The fall out of the usage owing to a sudden onset
of damage during the usage does not constitute the
right to the claim regarding the return of the usage
fee, partly or in full. In such a case it would
be deemed necessary, that the party, in time, before
sailing, gives for the insight, in the starting
place, the navigation permit, passport copies, crew
list etc. in order to have the voyage permit prepared.
The shipowner and the mediator do not carry any
responsibility if the said documents were not given
over in time or if the party, owing to an insufficient
information cannot sail or sails with a delay. |
| 14. |
In case any smaller damage is detected, which
does not hinder the leaving of the port, the party
is obliged to inform thereon the port of departure
and to return within at least 24 hours in order
to enable the removal of the failure which may hinder
the usage of the vessel for the following party. |
| 15. |
Sub-renting and lending of the yacht is not allowed. |
| 16. |
The Party is obliged to write the log-book, conscientiously. |
| 17. |
In case any errors in calculation or writing hereof
will be established (for instance, when calculating
the charter price), the party and the owner have
the right and the obligation to correct such an
error in accordance with the valid tariff. This
will be of no effect regarding the legal validity
regarding the remaining part hereof. |
| 18. |
The contractual parties agree thereon that the
Croatian legislature is to be applied and the court
authority is the thus authorized court in the seat
of the charter firm. |
| 19. |
In case some of the rules as stated herein will
prove as ineffective or invalid, such a rule will
be changed by a valid and effective one, with the
contents as near to the purpose and sense of the
invalid and ineffective one as possible. The remaining
rules will stay effective. Oral agreements are not
considered as valid. The changes of this contract
must be in writing and will be considered as valid
only after certified by the owner in writing. |
