To accept the Terms and Conditions below, please sign where indicated in the signature section by inserting your full name.
The Terms and Conditions may be signed by electronic signature (as defined in the Electronic Communications Act 2000) and shall have the same legal effect, validity and enforceability as if signed by hand written signature to the extent and as provided for in any applicable law (including the Electronic Communications Act 2000).
AGENCY TERMS AND CONDITIONS
Please read our terms and conditions carefully. These terms and conditions apply to the yacht charters which we sell to you as an agent/broker for the principal(s) or other supplier(s) of your booking.
For this booking(s), you, “The Charterer” will be entering into a contract with the principal(s) or other supplier(s) of the yacht charter(s) (the yacht owner/operator) you have booked through us. Accordingly, in addition to these terms and conditions, the terms and conditions of the principal(s) or other supplier(s) will apply to your booking. You agree to be bound by these terms and conditions, as well as the terms and conditions of the principal(s) or other supplier(s), including their cancellation and amendment policies. A copy of the terms and conditions of the supplier(s) is provided to you at the time of booking.
Island Sailing Limited registered in England Number 7640783, trading as Island Sailing (here after called ‘Island Sailing’, ‘we’ or 'us') act at all times as agent for and on behalf of the yacht owner/operator of the yachts we offer. Island Sailing does not itself own or provide any of the services which make up your booking.
CONTRACT
These are the terms on which we will make a booking for your yacht charter. When making your booking we will arrange for you “The Charterer”, to enter into a contract directly with the principal(s) or other supplier(s) (the yacht owner/operator) named on your booking statement. As agent/broker we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. The principal’s(s’) or supplier’s(s’) Terms and Conditions will apply to your booking, therefore, before confirming your booking we advise you to read the terms and conditions carefully to ensure that you agree with everything contained within them as they do contain important information about your booking.
Our responsibilities are limited to making the booking in accordance with your instructions. Island Sailing shall have no responsibility or liability to the Charterer other than for the performance of these services. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the total yacht charter price received by us as per your booking statement. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence, as agent or that of any of our employees whilst acting in the course of their employment.
Our Terms & Conditions are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. All charter arrangements which we provide or which are sold through us are not an offer by us to sell any charter arrangements, but an invitation to you to make an offer to the principal(s) or other supplier(s) of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
BOOKING DETAILS
To make a booking you must complete the booking form. Please provide accurate and full information for all members of the party. The person who completes the booking form is ‘the Charterer' and should be over 18. By completing the booking form you, the Charterer, guarantee that you have the authority to do so and that you shall comply and ensure that your party comply with these terms and conditions, the terms and conditions of the principal(s) or supplier(s) and the laws and regulations of waters the vessel is within during your charter. You also warrant that you and all members of your party are able and competent to undertake the chosen charter. All members of the party under the age of 18 must be accompanied by a parent/guardian. Adults will at all times be responsible for minors in their charge.
It is your responsibility to check the details of the booking you wish to make carefully as soon as it is sent to you and make sure that all the details are correct. If this is not the case, it is important that you inform us within 24 hours of it being sent to you. Failure to do so may result in service charges being applied for booking amendments.
Completion and submission by you of the booking form will be treated by us as confirmation that you have read, understood and accepted these terms and conditions and the terms and conditions of the principal(s) or supplier(s). You are responsible for the full cost of the charter including any amendment or cancellation charges. Once we have received your completed booking form and we are satisfied with the information you have supplied together with your cleared payment due we will proceed to confirm the booking with the principal(s) or supplier(s) and will send your charter booking confirmation.
The booking information that you provide to us will be passed on only to the relevant suppliers of your yacht charter arrangements or other persons necessary for the provision of your yacht charter arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. If you charter outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on our website.
PAYMENT AND PRICE
When booking you will be required to pay a deposit or make full payment for your charter and our Consulting / Booking Administration Fee will become due. Payments must be made by bank transfer. We reserve the right to change the required method of payment at our discretion, irrespective of how any deposit or prior payment was made.
We may ask for a lower-than-normal deposit. Where this is the case, you will be notified at the time of booking of when the remainder of the deposit payment is due. You must pay the full balance by the balance due date notified to you (which is never less than 12 weeks before travel). Please check the dates your payments are due on your charter booking confirmation/ statement. If payments are not received on time (whether formally requested or not), we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions and any payments made including your deposit may be retained by them. We will also apply our service fee for cancellation. Please note that these charges may be greater than the sums collected (particularly when a lower-than-normal deposit is charged) in which case we will seek to recover from you any monies due.
Once you receive your charter booking confirmation the price of your charter will not be increased unless that there is a requirement by law to charge a Government tax or levy introduced or changed after your booking is made. This does not apply to errors or omissions. However, we reserve the right to amend prices at any time prior to booking.
Whilst we make every effort to ensure the accuracy of the pricing information provided, regrettably errors may occasionally occur. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. If a booking is already in place, you will have the choice to continue with the chosen charter at the corrected price or amend to a different charter, subject to availability. We reserve the right to cancel the booking with the principal(s) or supplier(s) if you do not wish to accept the price that applies to your charter or any quoted alternatives.
TOURIST TAX
Some destinations charge a tourist tax which applies to all tourists and we will try to inform you of this wherever possible and to the best of our knowledge. However, these charges depend entirely on the local authorities in that country and therefore may be introduced without our prior knowledge and are subject to changes beyond our control. The tourist tax will be in addition to the charter price.
SECURITY DEPOSITS
By completing the booking form you confirm you will provide the relevant security deposit to the principal(s) or other supplier(s). The amount of the security deposit is shown separately on your charter booking confirmation statement and must be made by credit card (VISA or Mastercard) debit cards are not accepted before your charter can commence.
CANCELLATION
Any instruction to cancel must be sent to us in writing either by email to contact@island-sailing.com or by post to Cancellations, Island Sailing, Customer Service, 86-90 Paul Street, London, EC2A 4NE, UK. If you cancel your booking the principal(s) or supplier(s) will charge the cancellation charge shown in their Terms and Conditions (which may be 100% of the cost of the charter arrangements) and you must pay us the cancellation fee of £100 per charter. The cancellation of your yacht charter may not take effect until we have received your written instruction and any monies due as a result of your intended cancellation.
Please bear in mind that it could take us up to two clear working days to communicate any intention to cancel to the principal(s) or supplier(s) therefore please take this into account when calculating your cancellation costs. Administration fees and service charges are non- refundable.
AMENDMENTS
We are happy to assist with any amendment to your yacht charter that you may wish to make and where changes are permitted by the principal(s) or supplier(s). However, we cannot guarantee that such requests will be met. We may ask for your instruction and agreement in writing. We will charge an amendment fee of £100 per amendment. This will be charged in addition to any changes in charter price, costs or fees applicable that are applied by the principal(s) or supplier(s).
It is not possible to refund individuals within your party or where the amendment or cancellation is because the number of persons within their party is less than that required for the charter booking. If you wish to make an amendment to the number of people within your party after the initial booking, so long as the total party remains within the per person minimum/maximum requirement for the yacht chartered we can make such requests to the principal(s) or other supplier(s). An amendment fee may apply. It may not be possible to change all the names on your booking and in most cases the Charterer on the original booking must remain.
We cannot pay any compensation, reimburse expenses, damages, costs or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control which necessitates a change or cancellation of your charter after booking, or we, the owner/operators or suppliers, have informed you that they cannot supply your charter. No compensation will be payable if your charter is cancelled as a result of your failure to comply with any requirement of these terms and conditions and the terms and conditions of the principal(s) or supplier(s) (such as paying on time), or because of unavoidable and/or extraordinary circumstances beyond our control (listed below).
CHANGES OR CANCELLATION BY THE SUPPLIER
We will inform you as soon as reasonably possible if the principal(s) or other supplier(s) needs to make a significant change to your confirmed arrangements or to cancel them. We will also inform you in relation to any alternative arrangements offered by them (if any), you will need to let us know your choice within the time frame we stipulate but we accept no liability for any changes or cancellations made to your arrangements by the principal(s) or other supplier(s) under your contract with them.
UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except where otherwise expressly stated in these Terms and Conditions, we cannot accept liability or pay any compensation where the performance of our contractual obligations, as agent is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of unavoidable and/or extraordinary circumstances which will include, but are not limited to war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, hurricanes, earthquakes, floods, epidemic, pandemic, government action, health risks, illness, terrorist activity, civil unrest, change to Foreign Office advice to advise against travel to destination, adverse weather conditions (actual or threatened) or similar events beyond our control.
INSURANCE
Many principal(s) or supplier(s) require you to take out travel insurance as a condition of booking with them. In any event, insurance is a vital part of any yacht charter booking so please ensure you take out adequate insurance at the time of booking. It is a condition of booking with us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect or curtail your booking.
We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation and medical costs) in the event of accident, emergency or illness; as well as compensating you for permanent injury, death, delays, cancellation, curtailment, missed departure, personal liability, loss of baggage, money, personal possessions and other expenses, as well as ensuring you have cover for end supplier failure, force majeure events and any activities you have booked, including additional cover for sailing/yacht charter.
If you choose not to take adequate insurance cover, including in relation to COVID-19 and end supplier failure we will not be responsible to you for possible liabilities which may arise or for any costs you incur if you do not do this.
You are responsible for your independent travel arrangements to take up your charter and we accept no liability for any damages, expenses or cover losses of any description you may incur in regard to these. We will not be responsible for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.
Please check your policy when you receive it and carry proof of insurance with you as you may be asked to produce this if reasonably requested including by us, or the principal(s) or supplier(s).
PASSPORTS, VISAS AND HEALTH
Your specific passport and visa requirements and other immigration and travel requirements and advice are your responsibility, and you should acquaint yourself and confirm these with the relevant government bodies, Embassies and/or Consulates. We cannot accept any responsibility if you cannot travel because you have not complied with any passport, visa, immigration or entry requirements. Please note that these requirements may change between booking and your charter. Most countries now require passports to be valid for at least 6 months after your return date. It is your responsibility to ensure that you keep up to date with the latest foreign travel advice as issued by the government. You may also be required to quarantine or self-isolate. Advice is updated on a regular basis and often at very short notice.
As with other activity-based activities, sailing and watersports activities contain an element of risk and participation in these activities is your decision. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to your charter and to check for the latest health requirements and recommendations for the relevant country/countries and any costs. Where you do not do so and either are not allowed to enter any country, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your charter arrangements. For those with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their doctor.
COMPLAINTS
As the contract(s) for your yacht charter is between you and the principal(s) or supplier(s), any queries or concerns relating to the yacht charter arrangements should be addressed to them. If you have a problem whilst on charter, this must be reported to the principal(s) or supplier(s) immediately. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, please write to the principal(s) or supplier(s). If you require further details or information in order to contact the principal(s) or supplier(s) from us, please contact us. Island Sailing, Customer Service, 86-90 Paul Street, London, EC2A 4NE, UK. Email: charter@island-sailing.com
PRIVACY AND COOKIES POLICY
Island Sailing understands and respects the importance of your privacy. This Privacy Policy explains what personal information we may collect from you, how we will look after that information, and how we may use your data. The Policy tells you about your privacy rights, and how the law protects you. The website uses cookies to distinguish you from other users. Some of these cookies are essential to make this site work properly, to allow you to make your yacht charter booking and to enable Island Sailing Limited to fulfil your purchase requests. Other types of cookie help us to provide you with a good experience when you browse our site, allow us to improve our site or the way we provide our service to customers. Our full Privacy and Cookies Policy can be found on our website here http://www.island-sailing.com/privacy-and-cookies-policy
SERVICE CHARGES
We will apply a non-refundable service charge for the services we provide as booking agent.
Cancellation fee: Principal's charge + £100 per charter
Amendments after booking has been confirmed: Principal's + £100 per amendment
Late Payment fee: Where late payments are permitted, 2% of the amount due.
ADDITIONAL SERVICES
Where we agree to provide additional booking services, for example transfer services to or from any such third party product or destination, our doing so offers no endorsement of the product or service we cannot accept responsibility for any of these services.
CORONAVIRUS (COVID-19)
You, “The Charterer” will be entering into a contract with the principal(s) or other supplier(s) of the yacht charter(s) and their Terms and Conditions will apply to your booking and we advise you to read these carefully as they will contain important information about your booking, including any policies in regard to payment and cancellation. You acknowledge that the COVID-19 pandemic has affected travel throughout the world. You acknowledge that laws, regulations and the principal(s)/suppliers(s) providing your yacht charter may require you to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-coverings and gloves and abide by social distancing requirements.
You acknowledge that certain principal(s)/suppliers(s), ports, airports, airlines, border control, government body, local authority or other third parties may require you to undertake certain health formalities, testing, assessment, provide documentation or satisfy other requirements aimed at managing the COVID-19 risk as a condition to you travelling, departing, entering or residing in a particular place. You also acknowledge that certain countries may impose vaccination requirements, quarantine or self-isolation measures upon travellers, whether in the place of destination or upon your return.
It is your responsibility to obtain details of these requirements ahead of your travel departure date and comply with and satisfy these requirements. We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing.
If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or access to some other facility or service including in relation to your yacht charter. We shall have no liability to you for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, refunds, compensation, expenses, damages or other associated costs incurred by you in relation to such matters or if you are unable to travel or make use of all or part of your booking because of these matters. You must ensure you have comprehensive travel insurance which cover the costs of such matters. The terms of this clause shall also apply to any other strains of Coronavirus and any other viruses, illnesses or health risks which may affect your booking.
For the avoidance of doubt, if your charter is affected due to COVID-19 related issues no refunds will be made.
GENERAL TERMS AND CONDITIONS OF THE PRINCIPAL (CHARTER COMPANY)
UNDER HEAVEN d.o.o., travel agency of Split, Slavićeva 15, OIB: 84424586103, represented by Director Vadym Ievstafiev (hereinafter: CHARTER COMPANY or UTH) TERMS AND CONDITIONS
These terms and conditions are an integral part of the charter contract
These terms and conditions as may be amended from time to time, apply to all our services directly or indirectly available. Customer, agent or Partner Company acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy).
Here and hereinafter - the Company (Under Heaven d.o.o. Trade Mark "Under the Havens") - or - UTH.
PAYMENT
General:
The sailing boat accommodation contract shall become valid upon paying the total amount of sailing boat accommodation fee (hereinafter fee) to UTH. The Charterer undertakes to pay fee to the benefit of the account of UTH as follows:
- 50% of fee (down payment) when booking the vessel for a defined period (7 days).
- 50% of fee 4 weeks prior to the departure period at the latest.
Other:
The Charterer will pay the agreed charter price and extras, amounting to and in accordance to the terms as stated in the Charter Contract.
After completing the booking process, Charterer will get a set of documents on the provided e-mail address, which contains:
Booking Contract; Terms and conditions; Invoice; Boarding Pass, Base Info.
The amount of the sailing boat accommodation fee includes the usage of the vessel, all equipment on board and other things. The Base Manager must inform Charterer about all the available and accessible for use on board things and equipment.
All extra payments, if any (local tax etc.), shall be done in the base.
The payment shall be made on the basis of the issued invoice, which UTH directs to the Charterer without deferral upon the receipt of the booking inquiry. In order that the booking becomes final, the Charterer is to pay the down payment to the account of UTH or with the credit card, within the time period of 7 days since the day of the invoice, as well as to send the evidence of the down payment. The Charterer also undertakes to send the evidence of the rest payment of the total sailing boat accommodation fee.
The fuel, water and all the costs of the daily berth in the port of putting in or in marina are not included in the sailing boat accommodation fee.
The security deposit has to be made by the Charterer when taking possession of the vessel. The Charterer liability is limited to the amount of the security deposit – unless the cause of damage is gross negligence or intention. The deposit shall be refunded in its entirety upon the return of the vessel - unless the existence of a damage or a defect on the vessel or the equipment is found during the takeover of the vessel and fixed in document by Base Manager, and unless there are no claims filed or announced regarding the Charterer by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself as a result of the action (or inaction) of the Charterer, UTH 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 vessel. In case of caused damage has the consequence that the vessel cannot be further chartered, UTH has the right to retain the amount corresponding to the loss of profit. All cases of damage and loss of equipment should be immediately reported to the Base Manager and fixed as a document.
Cancellation:
If the Charterer who has paid the charter price in the whole, informs UTH on his withdrawal from use of the Vessel, the Charter Company shall retail:
• 30% of the charter price where the charter is cancelled more than 61 (sixty-one) days before commencement of the charter,
• 50% of the charter price where the charter is cancelled between 60 (sixty) and 31 (thirty-one) days before commencement of the charter,
• 100% of the charter price where the charter in cancelled less than thirty days before the commencement of the charter.
UTH is not obliged to return the Charterer amount paid in accordance to this Contract.
BOARDING
General:
All the information about the place, time of boarding, crew and the itinerary (if it has been approved by the parties) indicated in the boarding pass.
Other:
The charterer must appear to the place of boarding at least two hours before boarding time. If you need a transfer from the airport, grocery shopping, additional equipment or other needed things to the charterer, which are not on board - our company can arrange and purchase it. Please - charterer shall inform the UTH office about such additional measures in advance, at least 7 days prior to boarding time. All costs according to additional service will be covered by Charterer. The list of the equipment and supply (standard and additional) you can receive in our office or by boat (ask Booking Manager or our Base Manager).
ACCOMODATION, SAILING & USE OF THE VESSEL
General:
The most important task of UTH - is to provide all the conditions for the best holiday of our guests.
The ship is available for sailing for personal purposes - commercial or any illegal use of the vessel is not allowed.
Other:
The Charterer will hire a Vessel equipped in accordance to the laws and rules of berth location of the vessel and yacht charter standards of UTH. The equipment list is an integral part of our contract and it will be signed by the involved parties on the occasion of taking over and returning of the yacht (checklist). Equipment list will be provided by the Base Manager or Booking Manager during boarding.
The Charterer will pay the agreed charter price and extras, amounting to and in accordance to the terms as stated in the Charter Contract.
The Charterer undertakes and states that he shall sail within the limits of the territorial sea of the Republic of Croatia (unless otherwise permitted by UTH - approved route by UTH), that he shall not sub charter the vessel not lend it to third person, that he shall not participate in regattas nor vessel races, that he shall not use the vessel in commercial purposes, nor for professional fishing, sailing school and similar, that he shall not operate the vessel under influence of alcohol or narcotics, that on the vessel shall not be more persons than registered on the crew list, that he shall sail only during safe weather conditions and good visibility. The Charterer undertakes to respect customs and other regulations and rules. He also undertakes that he shall not convey persons and goods for a fee; that he shall not sail in zones forbidden for sailing, that he shall carefully operate the vessel, its inventory and equipment and that he shall not be involved in towing of another vessel.
In case of distress or accident, Charterer shall register the course of events (in special document or in ship's journal), as well as ask for the attestation by the harbormaster, physician or authorized body. UTH shall be informed of the distress without deferral. The damages of the underwater part of the vessel have as a consequence the vessel inspection, the costs of which shall be met by the Charterer. The Charterer undertakes to inform the authorized bodies and UTH in case of disappearance of the vessel, in case of impossibility of operating the vessel, as well in case of state organs or third persons seizing or confiscating the vessel or imposing measures of sailing prohibition. In case of non-compliance with the obligations stated in this chapter, the Charterer is personally responsible to UTH and he assumes liability for all the consequences. The keeping of pets (dogs, cats, birds and similar) on the vessel is allowed but should be told 4 weeks before the charter period, must not have the weight more than 10 kg, and Charterer can be charged by UTH for additional cleaning for amount 350 Euro per week per each animal on board (if the boat need additional cleaning after return in base).
Taking into consideration the weather conditions, the Charterer is obliged to comply with the orders of Base Manager. The Charterer undertakes he shall not sail in the areas insufficiently known, considering the nautical charts which he has at disposal that he shall not sail by night without using all navigational lights and without adequate observation from the board.
The Charterer shall not leave the port or the anchorage if the wind force is more than 30 knots, or if the port authorities have forbidden the sailing. The Charterer shall not leave the port or the anchorage until the damage is eliminated from any vital part of the vessel, such as motor, set of sails, ropes, bilge pump, anchor winch, navigational lights, mariner’s compass, safety equipment and similar or if any of the mentioned devices is not in working order. The Charterer shall not leave the port or the anchorage without sufficient fuel supply and when weather conditions or conditions of the vessel or his crew are unsafe or uncertain in general.
Charterer must have all necessary certificates and must provide it to the UTH before boarding. Tests of Charterer’s ability to operate the vessel are an integral part of the time period for which the vessel was chartered.
LIABILITY OF THE CHARTERER
For the damage caused by actions and failures of the Charterer for which UTH is liable to the third party, the Charterer is obliged to settle the damages to UTH in their entirety, whether it is the case of material and/or legal expenses that resulted from such actions and failures. The Charterer is explicitly liable for the vessel in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the vessel within the period for which it was stipulated.
Charterer may use the Vessel exclusively in the coastal sea of the waters of berth location of the Vessel. Use of Vessel out of coastal waters, participation on regatta etc. is allowed only upon relative permit in writing was granted by UTH Management to the Charterer.
The Charterer is obliged to provide name, surname, date of birth, place of birth and passport number of all crew members on time, as advised by UTH.
UTH is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party caused by the Charterer or members of his crew for the duration of this Contract, If this was the fault of the charterer, in violation of regulations and prohibitions set forth in this agreement.
The Charterer is obliged to observe all navigation rules and orders made by the authorized government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report UTH on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to UTH in the same condition in which the Charterer had received her.
The Charterer will hold UTH harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the yacht and related equipment or other inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the yacht or dinghy.
If the Charterer will not return the Vessel in agreed time and on agreed place, he will lay under commitment for paying indemnity for every started day of being overdue in a double amount of the daily charter fee. If he does not report UTH about expectations of becoming overdue prior to the end of agreed time of Vessel return, the indemnity will be enlarged for further 30%. UTH has right to settle the indemnity for Charterer being overdue through the bailed security deposit.
UTH is also not responsible for postponements or changes of Charterer’s plans caused by bad weather conditions or some other similar reasons. In case that extremely bad weather conditions will hinder the return of the Vessel in a foreseen term, UTH agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged by 50% amount of the daily charter fee, for every day of being due with return of the Vessel.
LIABILITY OF THE CHARTER COMPANY (UTH)
General:
The charter company (UTH) is obliged to provide fully equipped vessel in accordance with provided in the contract specifications.
Other:
Yacht specifications, technical parameters, a list of rescue and additional equipment can be provided to the charterer in our company office (UTH).
UTH ships are certified for the declared navigation region and are regularly tested. The company is responsible for the safety and completeness of the provided vessel to the charterer.
Any objections and comments on the state of the boat may be discussed with the management of the company - just send a written document (or email) to the office, or contact us by phone.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, UTH shall only be liable for direct damages actually suffered, paid or incurred by the Charterer, crew or the passengers, due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation. Neither UTH nor the owner of the yacht will be liable to any person for any loss, damage, injury, or death that results from the Charterer’s use of the yacht. UTH makes no representations other than those contained in these terms and conditions and written materials provided as part of the booking procedures, UTH will not be responsible.
UTH is also not responsible for postponements or changes of Charterer’s plans caused by bad weather conditions or some other similar reasons. In case that extremely bad weather conditions will hinder the return of the Vessel in a foreseen term, UTH agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged by 50% amount of the daily charter fee, for every day of being due with return of the Vessel.
Failure to deliver:
UTH is obliged to make available the contracted, similar or better Vessel, at agreed time and place. If UTH is late in performing this obligation, UTH will lay under commitment to pay back an appropriate proportional amount of the charter price for every 24 hours being overdue, and additionally, if reason for UTH being overdue can be imputed to UTH responsibility, UTH should also pay 5% indemnity of weekly charter price for every day being overdue, but not more than 15% of the total charter price. By delivering the Vessel within 4 hours of overdue, UTH is not considered to be overdue.
If UTH cannot supply the Vessel or an appropriate replacement (meaning a type similar in dimensions, gear and equipment) and the delay exceeds 20% of the total charter time or a maximum of three (3) days, the Charterer has the right to withdraw from the Contract. In this case payments already made will be refunded to him. No further claims may be raised.
If it is an established fact before the start of the charter that neither Vessel nor replacement will be available on the agreed date, UTH shall be obliged to inform the Charterer as soon as the former knows the facts. In this case, both parties may withdraw from the Contract before the assumed start of the charter. Payments made by the Charterer will be refunded as above. No further claims may be raised. If check-in time is delayed by UTH for reasons he is responsible for, the Charterer will get a pro rata refund from UTH.
Personal data protection:
The Charterer provides personal data voluntarily. The personal data are necessary in the realization process of the requested service. The same data will be used for further communication with the Charterer. UTH obliges not to transfer the personal data of Charterer out of the country nor forward it to the third person except for purposes of the realization of the wanted service. In case The Charterer signs the insurance policy her or his personal data will be forwarded to the insurance company for purposes of arranging Trip Cancellation Insurance, Medical Emergency Insurance, Lost and Damaged Baggage Insurance as well as Travel Medical Insurance. The personal data will be stored in the database, according to the decision of the Management concerning the collection, processing and storage of the personal data. The Charterer gives his or her consent that their personal data can be used for UTH marketing purposes.
INSURANCE
General:
Charterer can order option with non refundable deposit or use the insurance deposit prior the boarding. Deposit will be return after return of the vessels if the boat has no damage or claims of third parties.
Other:
If applicable in the country of Vessel’s berth location, full cover insurance may be applied. In order to make check-in/out faster and to avoid security deposits the Vessel is fully insured against third party damage, loss or damage of inventory and equipment, loss or damage caused by maritime accidents, natural disasters, lightning strike, foundering, capsizing, grounding, fire, explosion, burglary, theft, collision with any solid or floating object, malicious act of third party and earthquakes. Full insurance does not cover willful misuse, gross negligence or cost of repair of clogged toilette.
Unless Full cover insurance is applied, the Charterer lays under commitment to providing a security deposit at the time of embarkation on the Vessel by pre-authorization of the credit card. The deposit shall be terminated in its entirety upon the return of the vessel, unless an existence of a damage or a defect on the vessel or the equipment is found during the handover of the vessel, and unless there are no claims by UTH, filed or announced claims by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself, or existence of other reasons as stated in this Contract, UTH shall retain/charge the amount (a part or the whole deposit), which corresponds to the indemnification or value of repair, acquisition and/or purchasing the equipment or particular part of the vessel. In case if caused damage has the consequence that the vessel cannot be further chartered, UTH has the right to retain the amount corresponding to the loss of profit. The security deposit can be made solely by pre-authorization of a credit card. The actual amount of security deposit for the type of vessel chartered is stated in Booking Contract and in the Price List.
The Vessel is insured against third party damage, fire, lightning, explosion, theft or robbery or damage caused by natural disasters, marine and collision risks, and against any loss or damage except equipment expressed in this Contract. Unless the damage was caused wittingly (willful misuse) or with gross negligence, the financial liability of the Charterer for loss or damage caused by him or a crewmember is limited with the security deposit. The Vessel is insured with the minimal deductible that should correspond to the security deposit amount. Regardless of insurance, the Charterer is also obliged to pay indemnity for all caused damages up to the height of the security deposit. Damages covered by insurance which are not immediately reported to UTH and/or insurance company, will not be acknowledged as per the insurance policy. In this case, the Charterer is personally responsible for total damages as a result of not reporting or late reporting of damages. Damage to the underwater part of the Vessel must be followed by Vessel inspection executed out of the water, at the expense of the Charterer, if he is to be held responsible for this damage.
The insurance is determined by the terms defined by the insurer with which UTH insured the vessel. The terms under which the vessel is insured form an integral part of this terms and conditions and shall be delivered to the Charterer when taking over the vessel. The damage covered by the insurance and in accordance with the insurance policy, which has not been reported to UTH without deferral, shall not be acknowledged. In this case the Charterer is personally liable for all the damages as the result of no reporting or late damage reporting. The vessel crew is insured, as well as their personal luggage. All yachts are properly covered with liability insurance and comprehensive coverage for Charter Business.
ARBITRATION & LAW
In case of misunderstanding or dispute, the parties shall tend to settle it peacefully and consensually. If the misunderstanding or dispute is not solved in the afore-mentioned manner, the dispute passes into the jurisdiction of a court in Split and is regulated by the legal provisions of the Republic of Croatia.
Special Conditions of the Charter Contract during COVID-19 Pandemic
(ANNEX)
1. PAYMENT CONDITIONS
Charter fee payments will me made according to the schedule as above on first page Booking Request:
If this payment schedule failed and COMPANY has not received payment (in whole amount or in part) and CUSTOMER has not provided sufficient justification for the delay in payment, COMPANY keeps the right to cancel the customer’s booking without any compensation for previously received funds.
2. CANCELLATION
At least 7 days before the charter, in case of closed boarders (including the Croatian borders and borders of CUSTOMER's country of departure), travel bans of the highest class or quarantine obligation, the costumer will be provided with a credit note for rescheduling the charter (hereinafter: VOUCHER).
3. VOUCHER CONDITIONS
VOUCHER can be used to reschedule the charter within 1 year of issuing.
COMPANY does not guarantee that CUSTOMER will have the same boat, the same dates or the same discount for the rescheduled charter.
If CUSTOMER reschedules the charter via VOUCHER, and the rescheduled charter fee is less than the original fee, CUSTOMER will not be refunded.
If CUSTOMER reschedules the charter via VOUCHER, and the rescheduled charter fee is more than the original fee, CUSTOMER will have to pay the difference.
In case of cancellation due to diagnosis of COVID 19 before embarkation, no vouchers or refund will be offered. The general cancellation policy will be valid in this case.
I have read, understood and agreed to the Booking Terms & Conditions of the Agency and the Principal above.
Please read the content of the Terms and Conditions of the Agency and the Principal shown within the scrollable box above. A copy of these can also be found on your Booking Statement which has already been emailed to you as it provides the link to access this booking form.
