MA Booking Form

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 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. 

In case of cancellation due to diagnosis of COVID 19 before embarkation, no vouchers or refund will be offered. The general cancellation policy of the Principal will be valid in this case.

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 

Purview

Master Yachting d.o.o. HR-23206 Sukošan, Marina Dalmacija 14 (Charter Company) arranges the use of yachts for customers on behalf of their owners. The chartering conditions are binding upon all contracts. The person who charters the yacht (Charterer) assures having the essential ability to take charge of the yacht on his own. He engages to use the yacht carefully respecting the rules of good seamanship. He is especially obliged: 

• not to take part in boat races without written permission (regatta); 
• to clear the yacht according to the regulations and to respect the rules and regulations of the host countries and their harbor authorities (Code of conduct on board); 
• not to carry undeclared goods liable to duty or any other forbidden items; 
• not to leave Croatian waters without approval and written confirmation by the Charter Company; 

The Charterer confirms with signing the booking confirmation that he has read it and accepts the Contract. Moreover, the Client agrees with the Contract including the special characteristics of chartering a vessel. 

Charter Fee

The yacht charter fee encompasses the use of the vessel and its inventory. Additional expenses will be calculated separately and will not be taken into consideration in case of possible refunding of charter costs. Charter fee does not include marina fees, fuel, comfort package fee, Croatian tourist tax, water, food, drinks and all expenditures for measures which are required for the proper operation of the vessel during the sailing. 

Acceptance of the yacht:

When handed over to the Charterer, it has to be fully tanked. The Charterer must check and confirm the condition of the yacht as well as the completeness of its equipment according to the check list and in the presence of local staff. The conditional acceptance of the ship by the chartering party is considered the charterer’s confirmation of the yacht’s perfect condition and, furthermore, his engagement to test the yacht in all systems immediately after leaving the marina. In the event of defects, the hiring party is obliged to return to the marina and give the local crew the opportunity to remedy the defect. In any other case, the yacht is considered to have been handed over in perfect condition. The security, if any agreed, has to be deposited either in cash or by VISA, MASTER, MAESTRO. The owner of the chartered yacht is entitled to offset the amount of the security against any charges of claim which exceed the costs of average depreciation and are not covered by insurance. He may also offset the security against any loss of equipment items. In any other case, the security has to be fully and immediately reimbursed to the hiring party after confirmation of the yacht’s proper return. 

Cancellation terms: (COVID 19 terms as per Addendum 1); 

In case the Charterer should be unable to set out on the journey on the due date for any possible reason he has to contact the agency without delay. 

If the Charterer who has made the reservation, makes the cancellation (in written form) more than 120 days prior to departure and the agency/Charter Company succeeds in finding an alternative chartering party, any payments having already been effected by then will be reimbursed applying the cancellation fee of 400 Euro. 

If cancellation is confirmed in written form 119 to 60 days before embarkation, Master Yachting has the right to retain 50% of the charter fee. 

If cancellation is confirmed in written form 59 days or less before embarkation, Master Yachting has the right to retain 100% of the charter fee. 

If the cancellation is due to objective reasons (heavy injury, death in family), the already paid price will not be refunded but Master Yachting will issue the credit note or offer alternative term according to the valid price list. In any other case, Master Yachting is not obliged to return the Charterer amount paid in accordance with this Contract. 

Force Majeure:

Charter Company shall not be liable for any loss, damages, expenses, delay or failure in performance hereunder resulting from any force majeure event, including but not limited to acts of God, war or terrorist activities (threatened or actual), civil unrest, natural or nuclear disaster, fire, floods, unavoidable technical problems with transport, closure or congestion of airports, unforeseen alterations to public schedules, action of the elements, epidemics, pandemics, insurrection, piracy, strikes, acts of the public enemy, federal or state laws, industrial dispute and any other cause beyond the reasonable control of Charter Company which makes continuance of operations impossible. 

Collateral Agreements: 

Oral agreements will only be regarded as legally binding in case of their written confirmation by the Charter Company. Should additionally contracts with foreign agencies be essential for a successful charter, the chartering party engages to sign them. The terms of such contracts 

– agreements on prices excluded – are of pre-eminent validity. 

Handing over of the yacht/Check in:

The Charter Company endeavors to provide a punctual handing- over of the yacht. Should it, in spite of all endeavors, be impossible to provide neither the originally intended nor any other similar substitute yacht for the chartering party within 48 hours after the start, the latter is entitled to rescind the contract, even if the agency cannot be blamed for the delay. Any payments effected by the charterer have to be refunded by the agency, further claims of compensation (e.g. travel and accommodation fees, insurance premia ...) being excluded. If the chartering party does not rescind the contract, they will be entitled to a proportionate reduction of the chartering fee according to the respective period of delay. Should parts of the equipment have been damaged or lost during a preceding charter, the hiring party has no means to rescind the contract nor any possibility to assert any reductions, even if substitute equipment could not be provided and defects were not repaired. The latter clause, however, does not apply to cases in which defects or damaged equipment affect the yacht’s seaworthiness. 

Return of the yacht/Check out:

In default of any divergent written agreements, the yacht has to be returned in proper condition, fully tanked and with the complete equipment to the original place of acceptance and in time. The Charterer/Skipper is obliged to return the Vessel to the agreed base port on Friday till 06:00 p.m. and the entire crew has to leave the Vessel, including their luggage on Saturday till 08:30 a.m. (the latest), unless otherwise stipulated in the Booking confirmation or other written form. At the check-out, any part of the equipment or gear lost or damaged must be recorded in detail and paid for. The amount may be deducted from the deposit. The Charter company also has to be informed about groundings and possible defects. 

If the Vessel and the equipment are in good condition, clean, complete and with a full tank, the deposit will be returned to the Charterer. The proper condition of the vessel at check-out must be confirmed and signed jointly by Client/Skipper and Charter Company or their deputies. 

The Charterer is obliged to leave the Vessel clean (take out the garbage, wash the dishes etc), with full tanks of fuel and water. If the Vessel was not returned in proper conditions, Charter Company reserves the right to charge additional cleaning fee (50% of the comfort package price) or deduct the amount from the Security deposit. 

Charter company may also ask for putting down any discovered defects, missing or lost items in a written list. Shipping documents and permissions due to the use of the chartered yacht (e.g. transit log, chartering permission etc.) have to be left on board. Until the vessel is not returned duly, it is considered to be still in the Charterer’s use. The period of use agreed in the contract cannot be prolonged by the Charterer without the consent of the other party. In case of a delayed return of the yacht, the terms of the contract will be valid throughout the whole period of delay. If the chartering party can be blamed for the delay, it will be them who bear the risk of force majeure. In addition to that, the charterer will be held liable by the other party for any consequential damage due to the delayed return. 

If the hiring party should leave the yacht in a different place to the one agreed in the contract, they will have to bear the costs of the yacht’s proper return. Only after the yacht reached its original harbor of departure, can the return of the yacht be considered as effected in the latter case. 

Special incidents:

In case of damage, collisions, grounding or any other unusual incidents, the Charterer is obliged to take especially the following measures: ● The charterer has to have material defects caused by average wear and tear to the extent of € 200,–- maximum repaired, the arising cost of repairs being refunded by the other party on presentation of the invoice later. Material defects of an extent exceeding € 200,–- however, must not be repaired without the consent of the other party. If parts of the ship must be replaced by replacement parts, the damaged ones have to be kept at all events. Otherwise the repairs will not be refunded to the chartering party. ● Concerning any other damage to the yacht or injuries of persons, the charterer is bound to put down the exact point of time, the exact place as well as any other details, circumstances and causes of the incident. Furthermore, he has to put down the names of any yachts, persons and witnesses etc. that have been involved in the incident. In addition to that, the incident has to be duly reported to the authorities. These notes have to be confirmed by the local authorities (e.g. by the harbor master, the doctor, the claims agent...etc.) Moreover, a confirmation by the authority which the incident was reported to is essential. ● In either event however, the charterer is bound to immediately inform the other party about the incidents mentioned above. This does also apply to cases in which the yacht is obstructed by authorities or any other third party. ● In the event of unusual incidents – of whatever origin they might be the charterer especially endeavors to keep the damage as low as possible (damage limitation). Should it – in case of immediate distress at sea – be inevitable to ask a third party for help, the chartering party engages to negotiate reasonable conditions previously, regardless of the question of refund. If towage should be unavoidable and the other party cannot be informed, the yacht’s hawser will have to be used. 

Liability: 

The yachts my not be used for races. The yachts my not pass the Ždrelac bridge between Ugljan and Pašman, only in the case of a written approval of Master Yachting d.o.o. The chartering party will be liable for any breach of the contract as well as for any damage which they can be blamed for. The charterer can be held liable by the other party for any damages caused by the former’s actions and neglects. The other party, however, cannot be held liable by the charterer for any incident or damage caused by force majeure (especially by weather conditions or by a third’s party fault) during the chartering period, once the yacht has been accepted. This does also apply for cases in which such incidents make it impossible to continue the voyage. If the voyage cannot be continued for reasons such as the non-repair of reparable defects caused by wear and tear or other similar hidden defects, the proportionate chartering fees according to the period of non-use will be refunded to the chartering party. Further claims (such as journey and hotel charges, compensation for any injuries suffered, lost earnings etc.) will be excluded. Claims can only be allowed if all asserted defects or claims were taken down and signed both by the hiring party and the marina’s administration. Any later assertion of the claims and any later examination of the asserted damage and defects will be practically impossible – on the one hand because of the further use of the yacht, on the other hand because of the huge local distance. 

Any claims asserted by the hiring party have therefore to be asserted latest 15 days after the end of the period of use at the latest. Any claims asserted later than at that point of time cannot be considered. The boats may not be used for any races. There is no covering from the insurance. If a boat is used for a race without our consent the Skipper alone is liable for the arisen damages.

Insurance and Deposit:

All the yachts are covered with the hull & machinery insurance, as well as the of third-party liability insurance (P&I where applicable). The financial liability of the Charterer for loss or damage caused by him or his crew is limited with the agreed security deposit. 

a) If the insurance comes to bear in case of damage, terms state that the damage had not been caused deliberately or by gross negligence or that the Charterer /Skipper did not set a behavior, which release the insurer to fulfill its contractual obligation. 

b) It is expressly stipulated that in case of gross negligence or deliberate act the liability of the Client, is not limited by the deposit. The Client may be forced to pay the full sum of the damage. 

SECURITY DEPOSIT: before check in of the vessel, Client / Skipper is obliged to leave security deposit in cash or by credit card (VISA, MASTER, MAESTRO) in the local HRK currency. After the charter is finished, the security deposit will be returned in full, unless any damage on the Vessel, or damage or loss of any item of the vessel equipment has been found. Otherwise, the security deposit shall be kept in equivalent value of the repair / or purchase value of the damaged and/or lost equipment. 

NON-REFUNDABLE DEPOSIT INSURANCE: upon request, it is possible to take optional non- refundable deposit insurance according to our insurance price list. 

Terms of payment:

The charterer engages to pay the price at the agreed point of time (50% down payment upon booking confirmation; 50% balance payment 4 weeks prior to departure) if not accorded differently. If he does not promptly meet his financial obligations despite a reminder sent to his address by the agency, the other party is entitled to rescind the contract without previous threat or announcement. In the latter case, the rescinding party is additionally entitled to assert a lump sum amounting to one third of the agreed chartering fee as compensation for the delay in payment. If the contractual price should show obvious errors in calculation, both parties engage to adapt this price according to the valid price list. This correction has no effect on the validity or on the binding force of the contract. 

Court of law:

The parties agree upon the application of Croatian law. The validity of this contract will not be concerned by any possible invalidity of single provisions, clauses or terms in the contract. Any disputes arising hereunder will be settled before a competent court of law in Zadar.

COVID 19 TRAVEL TERMS & Co (Addendum 1) 

For any info regarding travel restrictions please do contact the Ministry of Foreign Affairs or the Public Health Authorities for the country you are traveling to. 

Croatia – Ministry of Foreign Affairs: http://www.mvep.hr/en/ or https://www.koronavirus.hr/en 

For all DEPARTURES in 2022 we do offer FREE rescheduling/VOUCHER on all existing and new charter bookings if: 

• Borders are officially closed (Croatia or home country); 
• Mandatory quarantine is requested upon return from Croatia in period longer than 5 days (if there is a possibility of avoiding the quarantine by making the test, the voucher option is not available); 
• This policy will not apply for cancellations due to flight changes, conditional quarantine obligation or test obligations, vaccine obligations, travel warnings or recommendations, and restrictions applied by employers; 
• For the 2022 sailing season normal terms and conditions apply for the payment; 50% down payment upon reservation; 50% balance payment 4 weeks prior to departure. 
• Rebooking by the price list; if rebooked to a higher price the client needs to pay the difference; if to a lower, the price will remain the same as per original booking.