Bareboat and skippered bareboat Exclusive Charter Dubrovnik
Charter fee and method of payment
All listed prices are expressed in euros. ECD reserves the it’s right of changing the price, in case the ovners of the vessels alter their prices. All listed prices refer to seven-day rent, from Saturday to Saturday.
Charter fee includes : yacht dues for its usage in the period of time stated in the contract.
Charter fee does not include : petrol expenses, tourist taxes and a mooring place out of domicile marina.
The yacht shall be given at charterer’s disposal clean, in working order and with full fuel and water reservoirs, and in the same conditions should be returned. The chartered yacht with complete equipment can be used only after the payment was regularly settled to charteree’s account:
1. 50% of the charter fee within 5 (five) days upon signing the contract
2. 50% of the charter fee within 4 (four) weeks before commencement of the charter.
At the occasion of receipt of the vessel a deposit should be paid. The sum to be paid and kind of payment are stated in the contract for each vessel. The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht or the equipment is found during the returning of the yacht.
In case the caused damage has the consequence that the yacht cannot be further chartered, Charteree has the right to retain the amount corresponding to the loss of profit.
In case of loss or damage on the equipment, particular parts of the yacht or the yacht itself, Charteree 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 yacht.
Take over and hand over of the vessel
On hand-over inventory quoted on the inventory list should be checked again to see if the yacht and the equipment are in working order. The charterer is obliged to return the yacht cleaned and tidied without the crew and their personal luggage at agreed marina at least until the time specified by the Charter contract, including the physical take-over lasting for an hour. Therefore, it is recommended to return the yacht in the marina the night before the Charter contract termination date. The Charterer will take over the yacht in agreed time and place. If the Charterer fails to takeover the yacht within 48 hours, the Charteree is authorized to give up the contract.
Any possible objections have to be made until the start of navigation. The possible covered defects on the yacht or its equipment, which couldn’t be known to the Charterer at the moment of takeover, as well as defects which could arise after the takeover, do not give right to the Charterer to reduce the charter fee. The Charteree reserve the right not to hand over the yacht if the Charterer is not competent for any reason to operate the yacht or to allocate a skipper to the yacht and charge for it.
If the returning of the yacht is later that stated in the Charter contract, the charterer has the following fees:
1. for the delay up to three hours one day charter fee
2. for the delay of more than three hours triple daily charter fee plus all other expenses.
3. Delay cannot be justified by bad weather conditions.
After taking possession of the yacht, the Charterer shall bear on his own account all costs of the daily berth in the port, or in the marina, costs of fuel, oil, water, cleaning and all other necessities, as well as eliminating all damages and defects, which can appear while the yacht is under charterer’s responsibility and which are not a result of normal natural yacht consumption.
The Charteree undertakes to deliver the vessel at the place and time agreed, in good condition, clean and with full water- and fuel-reservoirs.
In case the Charteree is not able to provide the reserved vessel, he undertakes to prepare another one, which is to be at least of the same quality or even of superior quality.
In case the Chareteree is not able to provide either the reserved vessel or its replacement (of the same or even superior quality) at the agreed time, he undertakes to offer the Charterer following possibilities:
1. meeting the Charterer’s costs for the days while waiting for taking over the vessel
2. providing adequate accommodation while waiting
3. after expiring of the 24 hours deadline and Charterer’s abandonment of the Contract and renting, the Charteree undertakes to return the sum paid
The Charteree undertakes to inform the Charterer and return him the amount paid according to the Contract no later than 15 days prior to beginning of the rent in case of cancellation of the arrangement because of unpredictable circumstances.
The Charterer could demand only the amount of the charter fee; any other rights to indemnification are excluded.
In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption the Charterer is obligated to inform the Charteree immediately. The Charteree is obligated to remove the damage upon notification. If the Charteree removes the damage within 24 (twenty-four) hours, the Charterer has no right to require any reimbursement.
The Charterer is obliged to sail within the Croatian territorial waters. The Charterer undertakes to respect customs and other regulations and rules, to take care of the yacht and its equipment and navigate it carefully and according to the rules of a good navigator and sail only during safe weather conditions and good visibility.
The Charterer, or skipper, declares undoubtedly that he disposes of all necessary navigational skills and that he possesses a valid license necessary for the navigation at the open sea and the radiophone certificate, which have to be presented to the Charteree.
The Charterer undertakes and states that he shall not sub charter the yacht or rented it to the third person, that he shall not participate in regattas nor yacht races, that he shall not use the yacht in commercial purposes, professional or night fishing, and he shall not sail at night and by unsafe weather. The Charterer is obliged to notify the Charteree and the authorities in case the yacht or equipment is missing, if the further navigation is not possible or in case yacht was dispossessed of , or if further navigation was prohibited by state authorities or third parties. In case of accident or damage the yacht or its equipment during the trip, the Charterer is obliged to inform the Charteree without delay. The keeping of pets (dogs, cats, birds and similar) on the yacht is not allowed, unless a previous agreement was reached in that regard.
Number of persons aboard is to correspond to the crew list. The Charterer assumes the responsibility for the consequences of non-observance to his obligations.
The Charterer or skipper is obliged to keep a log book, check daily oil level in the engine and take care of the sails.
Charterer is obliged to pay all charges for failures made by himself, for which the Charteree might have criminal or financial responsibility. In case of damage or accident Charterer is obliged to write down a suitable report and to inform authorised bodies (harbour headquarters, police, doctors) and the Charteree in case of disappearance of the yacht, impossibility of operating the yacht, as well in case of state organs or third persons seizing or confiscating the yacht or imposing measures of sailing prohibition.
For the damage caused by actions and failure of the Charterer for which Charteree is liable to the third party the Charterer is obligated to settle the damages to Charteree 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 yacht in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the yacht.
Damages covered by the insurance which are not immediately reported to either Charteree or Insurance company, will not be acknowledged as per insurance policy. In that case the charterer is personally responsible for total damages as a result of not reporting of damages. Charges for purpose made damages are not limited by deposit; Charterer must pay all expenses caused by damage made on purpose. Also, the damages on the sails and on the engine caused by the oil deficiency in the motor are not covered by insurance. Charterer bears the charges for these damages.
The insurance is determined by the conditions stipulated by the insurance company with which the yacht is insured. The vessel is insured against every kind of accident with the user’s franchise up to the amount of damage from the deposit and she is insured with obligatory insurance of the persons and equipment towards third persons.The insurance does not include person’s accidents occurred on the ship, damages on things and items brought onboard, damages made by rough user’s negligence or those made on purpose and the compensation for loss of one or more parts of the vessel’s equipment.
Charter abandonment ( cancellation)
In case the charterer can not commence renting the vessel for any reason, he is free to find a person who will take over his rights and obligations subject to charteree’s consent. If he doesn’t find a substitute, the charteree will retain:
1. 30% of charter fee in case of abandonment up to 2 (two) months prior to beginning of the renting
2. 50% of charter fee in case of abandonment up to 1 (one) month prior to beginning of the renting
3. 100% of charter fee in case of abandonment less than one month prior to beginning of the renting
If the abandonment is due to objective reasons (death of a family member, heavy injury, war or other) the accepted deposit shall not be paid back, but the charteree shall give the yacht to the charterer at his disposal for another free period of time or within another season.
Any misundertstaning or dispute should be resolved in friendly manner. Failing this, the court in the Charteree’s residence will be competent.
Only the claims submitted in written form when returning the vessel and signed personally by both the Charteree and the Charterer will be taken into consideration by the Charteree.