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 BAREBOAT CHARTER
These General terms and condition regulate and define the conditions under which Cata sailing d.o.o (hereinafter Charter Company) enters into contract with the reservation holder (hereinafter Client).
All the Conditions and terms specified in these General Terms are binding for both the Charter Company and the Client.
1. CHARTER FEE AND PAYMENT CONDITIONS
Charter fee includes; use of vessels and equipment according to the valid Price list, bed linen, auxiliary rowboat, gas, autopilot, GPS, usual services provided in the Charter base at the time of check- in and check-out, mooring fees in the domicile port and wireless internet.
Charter fee doesn't include: fuel costs, marina and mooring expenses in other ports, port taxes and other taxes and fees. Upon reservation confirmation (valid only in written form) the payment is to be affected according to the specification stated on the preliminary calculation as follows:
- 50% of the total price within 7 days upon confirming the reservation
- 50% of the total price no later than 4 weeks prior to the scheduled date of vessel delivery (charter week)
The client can take over the reserved vessel only under the condition that the entire amount of the reservation has been paid. If the Client fails to make the 50% advance payment to the scheduled date, upon sending dunning letter, the Charter Company shall be entitled to cancel the booking.
By making the payment, the Client agrees to these General terms and Conditions for Onboard Accommodation Service and vessel features.
The Client is obligated to order, in writing 7 days prior to the scheduled date of boat deliver, all optional services described in the valid price list of Charter Company he would like to purchase prior to the beginning of his reservation.
Should the Client want to order services of a skipper and/or a hostess from Charter Company, he needs to specify it when confirming his reservation.
The Client is obligated to send a copy of valid navigation license and VHF certificate when confirming reservation. The crew list is required no later than 7 days prior to the beginning of the reservation. The client is also advised to send the notice of the approximate time of arrival and the flight number (should he be coming by a plane) so that Charter Company can organize check in more efficiently.
The sojourn tax in the amount of 10 HRK / person/day is to be paid in cash after the confirmation of the Crew list when check in.
2. CANCELLATION OF THE RESERVATION
The client is obligated to announce in writing (e-mail, letter or fax) each change or cancellation of reservation so that Charter Company could process it accordingly.
Changes or cancellations by telephone are not permitted and will not be accepted. In the event that the Client should request to make a change or cancel a confirmed reservation, the date on which the written cancellation is received, during regular Charter Company working hours will represent the basis for the cost calculation. If the written cancellation is received outside regular Charter Company working hours, the cancellation date which will represent the ground for calculating cancellation costs will be the following working day of the Charter Company.
In case of reservation cancellation, the following cancellation costs apply:
- 50% of the reservation price for cancellation that has been done up to 30 days prior to the beginning of the reservation
- 100% of the reservation price for the cancellation that has been done less than 30 days prior to the beginning of the reservation
- 20% of the reservation price providing that Charter Company manages to find new Client for the cancelled reservation.
Should the Client's cancellation be caused by the Force Majeure or any justified reasons whatsoever (such as serious damage of the vessel during prior bookings), the Client is entitled to following:
- a replacement vessel with the same or similar features and equipment or
- 100% of entire reservation amount
If the client, due to objective reasons (official government corona virus restriction of blocked areas, official government travel warning or travel ban, quarantine of charter or charterer) cancels the charter, the client will receive a booking voucher which allows him to transfer the canceled booking to another date in season 2022. If there are no reasonable dates available in season 2022 to book, the client will be provided with a voucher to book in season 2023.
In the event of damage or loss of any parts of the vessel during the prior reservation, which are not essential for the navigation safety and could not be replaced prior to the beginning of the new reservation, the Client is not entitled to cancel the ordered reservation or to request any reduction of the reservation amount.
3. DEPOSIT AND INSURANCE
All our vessels are covered with Casco deductible franchises up to the deposit amount according to the Price List for the current year. The insurance policy covers Compulsory Passenger Insurance and Compulsory Third Party Insurance.
Personal belongings of Clients are not covered with insurance and any damage incurred due to gross negligence, or with the plain intention by the Client, shall not be the subject to insurance compensation.
Upon taking over the vessel, the Client is obligated to leave the security deposit in cash or by credit card (Visa, Amex, Master Card, Diners) in HRK currency.
Upon check out, the security deposit shall be fully reimbursed to the Client, unless damage on the vessel or damage or loss of any item of the vessel equipment has been found. Otherwise, the equivalent deposit amount shall be kept for the cost of repair or the purchase of the damaged and/or lost equipment.
In the event of majeure and severe damages or engine failures where an accurate assessment of the damage is not possible at check out, Charter Company reserves the right to keep the entire pre-authorized deposit amount until determining the amount of the damage. The Charter Company is to submit the invoice to the exact amount of the damage to the client within seven days by e-mail or fax. If the damage amount is lower than the total amount of the security deposit Charter Company is obliged to immediately return the outstanding preauthorized amount to the client.
In the event skipper is engaged by Charter Company, Client will also be required to leave the security deposit with an exception that the paid deposit cannot be used to cover any damage incurred due to the skipper’s negligence and poor navigation of the vessel and equipment.
Should any damage occur during the reservation period, as part of usual process of wear and tear of the materials, Client has the right and obligation to arrange its repair up to a total amount of 150,00 Euro. This cost is to be reimbursed to the Client by Charter Company on check out.
Should the damage be repaired by the Charter Company within 24 hours, the Client doesn't have a right to demand any reimbursement. In the event damage cannot be easily repaired and early return to the charter base is required, as such damage must be remedied before the start of the new reservation, the costs for lost days are to be refunded to the Client providing that the damage in question was caused by the Charter Company. If such damage was not caused by the Charter Company, the Client is not entitled to any refund and will have to carry all additional costs relating to finding another vessel.
In case of major and severe damages or/and engine failures, loss of vessel and/or damage and injury to persons, the Client is obligated to inform the Charter Company promptly and also obtain a protocol for this emergency situations issued by third parties (port captain, medical physician, appointed expert ect.) Damages that are not reported to the Charter Company and / or for which the Client is not able to produce an officially documented record statement will be considered as damages caused by Client and therefore fully charged to the Client.
Should the Client wish to sail out of the boundaries of the territorial waters of the Republic of Croatia, he is required to inform Charter Company thereof as soon as possible in order to additionally ensure the vessel and is obligated to cover this cost. The information about the intention of sailing out of the boundaries of the territorial waters of the Republic of Croatia is to be confirmed in writing timely, but not later than 45 days prior to the starting date of the reservation.
4. CHECK IN PROCEDURE
Check in: Saturday from 17:00 h
The Client is obligated to deliver original voucher with all necessary data of Charter Company, reservation period, original navigation license and the VHF certificate.
The vessel is to be delivered with full fuel and water tanks and is to be returned in the same condition. During the vessel delivery procedure, Client is required to inspect the inventory along with the Charter Company representative and confirm with his signature the condition in which the vessel has been given. The same procedure applies to the inspection of devices onboard. Therefore, subsequent complaints will not be accepted. Any possible concealed defects or deficiencies of the vessel, as well as the defects that occur after the takeover of the vessel which could not have been predicted by Charter Company do not entitle Client to claim for the reduction of the reservation rate.
Charter Company may request the Client to demonstrate, by navigating the vessel, his/her competency to sail the yacht in presence of Charter Company representatives. The costs associated therewith shall be borne by the Client and the testing time shall be included in the period of accommodation on the vessel. If, after inspection, Charter Company recon the Client is not competent to be in charge of the vessel, an official skipper shall be assigned and the Client will be charged for his services according to the Price List. Should the Client refuse to accept the designated skipper, he shall be prohibited to leave the port, the Agreement shall be terminated and the paid reservation amount kept without right to compensation of damage.
5. CHECK OUT PROCEDURE
Check out: Saturday till 09:00 h
Upon redelivery of the vessel, the items of the inventory list are to be checked again as well as the fuel tank. The Client agrees to submit the bill of the last tank filling service. If the fuel tank is not full, the Client is to be charged the amount of the missing fuel enlarged for the tank filling service, and the damages up to the sum of the security deposit, if any have been found during the vessel inspection. Otherwise, the security deposit shall be returned to the Client. The Client is obliged to return the vessel with emptied septic tanks. If the vessel is not returned to the agreed destination port, the Client shall pay all the costs for the vessel transfer to the destination port designated hereunder and the penalty, as prescribed, for any delay that may occur. Any delayed redelivery of the vessel due to weather conditions shall not be acknowledged as the client is obligated to keep the vessel during the last 24 hours of his reservation at an adequate distance from the charter base. Any delay longer than 1 hour shall be charged at the double rate of the daily accommodation service as well as any costs resulting from the inability to deliver the vessel on time to the following Client.
The Client wishing to extend the stay onboard must notify Charter Company thereof in order to check out the further availability of the vessel and to obtain the necessary documentation (charges for additional days, crew list extensions, registration of foreign nationals at the Police Dept., Tourist Board supplement, etc.).
6. CLIENTS OBLIGATIONS
The Client confirms that:
- He disposes of necessary navigation licenses (Otherwise, he shall be obliged to accept a skipper provided by Charter Company according to the Price List)
- He shall not give the vessel to third parties
- He shall not allow the usage of jet ski (if it’s rented or included in the boat charter) to crew members that don’t have valid sailing licenses
- He shall not use the vessel in commercial purposes
- He shall not allow boarding larger number of person on the vessel than stated on the crew list
- He is co- responsible for all crew members
- He shall keep crew list as well as confirmation of sojourn tax payment together with rest relevant boat documents during the reservation period
- He shall inform the Charter Company if during his stay on the vessel any change of crew members or passengers occur
- He shall obey the lows of the host country
- He shall not participate in contests and regattas unless approved by Charter Company when confirming the reservation
- He shall not operate the vessel under influence of alcohol or narcotics
- He shall inform Charter Company immediately in case of sea damage or major breakdown and follow their instructions
- He shall follow the compulsory control intervals of propulsion engine during all time
- He shall contract the rescue fee before accepting the assistance if any towing services are necessary
- He shall take all the preventive measures to keep the vessel in the same condition as first delivered to avoid any towing situations
- He shall not leave the port if the expected wind power is greater than 25 knots, or the port authorities have already issued a prohibition for leaving port
- He shall carefully plan the navigation route so that 2 days before returning to the port of destination the vessel shall be located at the approximate distance of 40 NM from the returning port
- He shall not sail at night
- He shall notify Charter Company in case of rough weather conditions of the exact location
in order to receive any needed assistance or to avoid unnecessary and costly vessel search operations
- He shall not engage in fishing and submarine activities without valid licenses
- He shall avoid if the weather conditions require any unnecessary strain on masts, sails and ropes
- He shall not embark any pets (dogs, cats, birds, etc.) without the prior written consent
- He shall empty septic tanks at the open sea, i.e. on the minimum distance of 1 NM from the nearest land
7. CHARTER COMPANY OBLIGATIONS
Charter Company is obligated to deliver the vessel in good working order, cleaned and with full fuel and water tanks.
In case of inability to deliver the booked vessel at the arranged time, the Client shall be entitled to request the refund for up to 24-hour delay, in the amount equivalent to one day of reservation.
In case of any delay exceeding 24 hours Charter Company is obligated to provide to the client the vessel of equivalent or similar features. Should the Client decline to accept the substitute vessel and decide to wait for the delivery of the booked vessel, he may claim for the sum equivalent to the number of days of the vessel being unavailable.
Charter company shall not be liable for any delay incurred due to the Force Majeure or rough weather conditions.
8. HANDLING / FILING COMPLAINTS
Each Client (reservation holder) has the right to file a complaint if the paid services were not provided. The Client complain shall be accepted only in written form signed by Client personally and by a representative of Charter Company on the day of the beginning of the reserved service. The Client is obligated to cooperate with the Charter Company representative in a well- intentioned manner so that the cause of the complaint can be resolved. If upon arrival the Client is not satisfied with the state of vessel and decides to leave on his own initiative and finds different accommodation or vessel without giving the Charter Company a chance to resolve the issue, correct the cause of the discontent, or find another vessel, the Client does not have a right to request a refund or make a claim for compensation, regardless of the fact that his/her reasons were justified or not. Should the Client accept the proposed solution which corresponds with the service rendered on the spot, the Charter Company will not take additional complaints into consideration or respond to them.
The Client may claim compensation at the time of check-out only with a complaint in writing and appertaining documentation signed both by the Client and a representative of Charter Company. If requests of the Client cannot be solved at the time of check-out, they are to be submitted in writing within the period of 14 days. Otherwise, the complaint shall not be taken into consideration.
The Charter Company is obligated to take into consideration only those claims whose cause could not be resolved on the spot. During the process of handling the complain, and maximum 14 days after the complaint has been filed, the Client relinquishes the right to involve a third party, publicly disclosing information as well as filing suit.
The highest amount of compensation per complaint can amount to the complaint portion of the service and cannot encompass the used portion of the service or the total amount of the service.
9. PERSONAL INFORMATION SECURITY
The Client provides personal information of his/her own free will. Personal information is required for processing requested services and following inter-communication. The Charter Company is under the obligation that the personal information of the Client will not be taken out of the country or given to a third party except for the purpose of carrying out requested services. The personal information will be kept in a database in accordance with the Managements decision on the method of collecting, processing and securing personal information. The Client also gives permission for his/hers personal information to be used for promotional purposes of the Charter Company.
10. COURT JURISDICTION
The disputes which cannot be resolved in friendly manner shall be resolved under jurisdiction of the court in Split.
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.
