Terms and Conditions

General Charter Terms and Conditions

These General Charter Terms and Conditions as an integral part of the Lease Contract shall be referred to as Contract. Contractual partners are: Adria Yachting d.o.o, (referred to as AY) and the chartering party ( client). This Contract shall be valid under the following conditions and shall be used as a basis for resolving any dispute that may arise between the Client and AY.

Basic provisions

Yachts – a vessel/boat which is defined as a yacht accordingly to the Maritime code and used for charter activity.

Adria Yachting d.o.o. – hereinafter referred to as AY/ , provider of charter service – accommodation on the yacht in international waters ( Montenegro) and territorial sea of the Republic of Croatia according to special legislations in nautical tourism.

Chartering party - hereinafter referred to as the Client/Charterer, the service recipient Yacht agency - hereinafter referred to as the Agent – an intermediary between service provider and chartering party.

Validity

The contract shall become valid by accepting the booking confirmation ( Lease Contract ) by the client and upon the receipt of the first installment. After having paid for the first installment, the Client accepts our Terms and Conditions – confirms he has read and accepted the Lease contract ( legally binding contract) and our Terms and Conditions. Should the Client refuse to accept the Terms and Conditions for any reason whatsoever, the Client may not book the service. Should any part of these Terms and Conditions or the Lease Contract ( booking confirmation) be unclear to the Client, the Client must contact our booking department or its agent that is authorized to prepare a contract as a representative of AY. Should the Client refuse to abide by the procedure, the Client shall release us from any liability, whether it arises or is implied in these Terms and Conditions.

Payment policy and rent charges

Upon receipt of the Lease Contract, Client/Agent shall pay the first installment within 5 days – 50% of the whole charter amount, unless otherwise agreed. Upon receipt of the invoice, Client shall verify all the stated information and contact AY without any delay in case of any false statements. The remaining balance shall be paid within a calendar month prior to the start of the charter period. In case the last installment is not received, AY reserves the right to cancel the reservation, and retain all the fees paid to date.

Rent charges includes chartering the yacht ( accommodation) and its equipment, not including outboard engine, but including dinghy.

Rent charges include no marina fees, fuel, berths, tourist taxes, parking, skipper, hostesses, skipper insurance and client insurance, beverages and food - all necessary personal items needed by the client for the stay on the yacht, or any other optional services unless stated otherwise in the Lease contract.

Termination of the agreement may not be justified due to errors in calculation of any fee or by the inadequacy related to some of the terms within the Rental agreement, adjustments can be made as necessary, based on the current conditions and current fees of the charter provider; the validity of the contract may not be annulled.

Client may not make any deductions in case of any irregularities or non-compliance with the gear/inventory lists provided, as long as safety and operation of the yacht is provided, such as functioning equipment.

General obligations of the recipient

By accepting the Lease Contract, through the intermediary ( agent), AY or by telephone, you accept these Terms and Conditions in full. No other procedure between the intermediary or client with the representatives of our company and client/agent can be considered a booking and it shall not apply to these Terms of use. Written data through our digital channels shall be considered evidence you received in your Lease contract.

Upon receipt of booking confirmation, client is obligated to check the accuracy of all data, since the client is the only one that is held responsible for the accuracy. In other words, we cannot bear responsibility for any problems arising from incorrect information.

It is the client's sole responsibility to determine whether the client meets the conditions for chartering the yacht stipulated by Croatia Maritime Law, such as possessing all necessary documents, certificates that the client should disclose to AY in compliance with all local legal and other provisions. Client declares to possess a necessary navigation license - approved by the Croatian Maritime Law and adequate for the gross tonnage of the rented boat as well as an authorization to operate the radio station. Upon its arrival, Client must have the above original documents to present during the paperwork. In the event of lacking any of them, AY shall not be obligated to deliver the yacht.

Charterer is obligated to provide AY/operator with the crew list no later than 14 days before the beginning of the charter, including valid nautical licenses, otherwise AY shall charge 10€ for completing it upon arrival. The link for the crew list will be sent to the client together with the booking confirmation and other relevant documents. Reminders will be sent accordingly in case of failure to send the crew list. Crew list must contain all the requested information, and must indicate the skipper.

Restrictions, Damage, Obligations and Liabilities of the Charterer

Restrictions

The Charterer undertakes and recognizes its obligation to:

• Sail within the boundaries of the Croatian territorial waters (a written permit must be issued for any exception)
• Refrain from subletting or lending the Vessel to any other person
• Refrain from operating the Vessel under the influence (drugs/alcohol)
• Refrain from taking more passengers onboard than that is specified in the crew list and in accordance with registration papers (allowed number of persons on the Vessel)
• That he/she will not take part in any regatta or boat race, such as animals
• Refrain from using the Vessel for any commercial purposes, professional fishing, sailing school etc.
• To sail only in good weather conditions and with good visibility, especially at night
• Refrain from charging for transfer of merchandise or persons
• Refrain from navigating in restricted areas
• To keep the log book up to date and accurate, and to leave it aboard the Vessel
• To handle the Vessel, its inventory and equipment with due care and to refrain from participating in the towing of any other vessel or boat
• To comply with customs and other rules and regulations

Charterer shall not leave the port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (25 knots) or if the harbor authorities have prohibited sailing or while the Vessel has unrepaired damage to any of its vital parts such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc., or if any of the above parts are not in good working condition; besides the Charterer is not allowed to leave the port or anchorage without sufficient reserves of fuel in general, and especially when weather conditions or the condition of the Vessel or its crew is doubtful.

Obligations

Charterer’s obligations:

• For acts of negligence caused by the Charterer that the Operator is held liable for to a third party, the Charterer shall pay all expenses to the Operator for the material and/or legal costs resulting from such acts or negligence
• The Charterer is particularly responsible for the Vessel in the case of its impoundment by any official body because of its use in improper or illegal action during the period of the Charter
• Charterer should abide by all rules provided during the check-in procedure and shall be fully responsible for handling the vessel and its engine
• To refrain from sailing the Vessel in any area insufficiently covered by the charts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed material provided on board
• Refrain from sailing the Vessel at night without all navigation lights functioning or without an adequate watch on deck.
• To handle the Vessel and its equipment carefully and according the rules and navigation customs
• To check oil level and engine cooling water on a daily basis
• To report any underwater damage immediately and to follow instructions regarding sailing for the nearest port (to check and avoid any potential damage)
• After taking over the boat, charterer shall bear all the costs for the daily berths, marina fees, fuel, water, cleaning, and for the damage caused during the period within which the charterer bears responsibility for it, which is not the result of normal tear and wear of the yacht.

Depending on the weather conditions, the Charterer is obliged to promptly reduce canvas and not allow the Vessel to sail under an amount of canvas exceeding one, ensuring thus comfortable sailing without excessive strain or stress on rigging and sail.

The Operator (or his/her representatives) may require the Charterer and his/her crew to demonstrate their competence in handling and navigating the Vessel safely in a way to operate the Vessel at sea along with the Operator (or his/her representative) aboard.

Should the Charterer and/or his/her crew fail to meet the Operator’s requirements in this respect, the Operator may terminate this agreement as stated above, or engage a skipper aboard the yacht at the expense of the Charterer if one is available who would be acceptable to both the Operator and the Charterer.

Damages and liabilities

In case of accident and/or other unforeseen event, the Charterer will duly record the course of such events and request a written certificate from a harbor master, physician or authorized official. The Charterer shall also immediately notify AY of any such event.

In case of the disappearance of the Vessel, impossibility of navigation, its confiscation or the prohibition of further sailing by government officials or other persons, the Charterer shall immediately notify an authorized official and the Operator thereabout.

Damage to the underwater part of the Vessel must be followed by Vessel inspection at the expense of the Charterer.

In any case, AY shall not be held responsible for gross negligence, damage caused to third parties and the yacht, damage caused by the skipper and his crew.

The charterer shall also be responsible for the damage caused by improper maneuvering or poor maintenance (in case it is its obligation), on the devices, inventory and the yacht, in the amount equaling its deposit.

Following the take-over, expenses for port dues, water, fuel, oil and any other stores required, as well as the repair of any damage or breakdown that may occur while the Vessel is in the Charterer’s care, and which are not the result of normal wear and tear, shall be paid by the Charterer, provided that he/she has previously obtained the consent from the Operator to a technically suitable repair.
In the case of rectification of damage or failure clearly resulting from normal wear and tear, the Charterer shall previously obtain the Operator's consent regarding the costs and technical suitability of such repairs, and the Charterer shall collect the relevant receipts against which he/she shall be refunded by the Operator at the end of the charter period. No other compensation claims shall be recognized.

In the case of failure on the part of the Charterer to adhere to all of the above-mentioned conditions, he/she will be personally liable to the Operator and will undertake full responsibility for all consequences, pay for all repairs and damages, and AY will not be held responsible.

If the Charterer causes total damage to the Vessel during the rental, i.e. enables the Vessel for any further navigation in contravention of stated Terms and Conditions, Adria Yachting shall not be obligated to provide a client a substitute Vessel or any refund. In the case of such a situation, a client is obligated to notify and to follow the instructions given from AY; to prevent further damages and to hand over the Vessel.

Skipper

If the skipper is arranged, no matter by which party, the skipper shall be held liable for handling the yacht and for the damage caused by him, but not for the damage caused by clients onboard, especially the one caused by gross negligence.

The skipper is responsible for all the damage that may be caused to the yacht and/or its equipment, during sailing, motoring, anchoring, mooring and maneuvering, provided that he can easily foresee the damage and avoid it.

Same as in bareboat charter, the Charterer shall also be held liable for any other damage that he or the rest of the crew may cause to the yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.). The Charterer is obliged to adhere to all safety instructions announced by the skipper of the yacht, because the skipper is the only responsible person for the yacht itself. The Charterer is obliged to provide food and pay for the city tax for the skipper and a cabin/berth shall be designated for him onboard. The skipper is supposed to navigate and sail the yacht for approximately maximum 8 hours a day (unless otherwise agreed) and is not obliged to sail at night.

Insurance

The insurance is determined by the conditions stipulated by the insurance company which the Operator has insured the Vessel with.

All the Yachts have full or casco insurance which shall not exclude the responsibility of the charterer towards the service provider for the damage caused. Damage covered by insurance which is not immediately reported to the insurance company, will not be recognized by the insurance policy.
In this case the Charterer shall be personally responsible for the total damage as a result of no- reporting or late reporting of the damage.

Sails are not insured and the Charterer is thus responsible for any damage except for the damage- arising from normal usage or as a result of breakage of the mast, such as the oil deficiency in the engine. The charterer bears all the charges for the stated damage.

Personal possessions and the Vessel’s crew are not insured, i.e. damage occurred due to any accident onboard to any member of the crew, damage caused to any item taken on board by the crew, as well as any damage caused intentionally or any damage resulting from gross negligence are not covered by the insurance. Client is the one that is liable for such damage, not the service provider, that is, Adria yachting.
We recommend that the Charterer should insure all personal possessions and the vessel crew on his own.

Obligations of Adria Yachting

Adria yachting, i.e. service provider is obligated to provide the Yacht to the Client in full commission and in proper working order, with a full complement of equipment, inclusive of that required according to the specification in website and official inventory list. The boat must be in impeccable condition, with diesel tanks filled such as water tanks. It should be delivered on agreed time and with all necessary documentation.

Adria Yachting shall not be responsible for postponement or changes of Client’s plans caused by bad weather or any other reasons that are not attributable to AY. Claims for travel and accommodation expenses, compensation for suffered pain, loss of profit shall not be taken into consideration.

Adria yachting is obligated to rectify any damage to the boat within 24 hours. In this instance Client shall not be entitled to any reimbursement, and it is obligated to follow every instruction made by service provider. AY shall neither be liable for any delay caused by Force majeure or extreme weather condition.

Adria Yachting shall not be liable to any personal possessions, damage, injuries and death caused by any accident onboard to any member of the crew, damage caused to any item taken on board by the crew, as well as damage to any third party on the yacht during the charter.

Security Deposit

The client is obligated to leave security deposit upon his arrival at the charter base; Adria Yachting shall determine the amount of the security deposit for each individual Yacht according to its own valid price list.

Deposit can be paid with a credit card ( not a debit card and American Express), or in cash, according to client's preferences.

Deposit in full shall be reimbursed to the Client once the boat is returned and inspected (without any damage).

In case of any damage to the boat/equipment or lost equipment/inventory, either reported by the client or discovered by the inspection by AY, Adria Yachting shall retain a part of the deposit equal to the cost of repair or the cost of replacement for missing equipment.

Furthermore, if the client returns the boat with no fuel, lower amount of fuel than provided on his arrival, Adria yachting will deduct the cost for the same equal to the daily price of the fuel, plus fuel charging fee, listed in the price list.

Takeover/ handover of the yacht

Takeover

The charterer can take over the yacht at an agreed time and place. Yacht is available from 17 h (regular check in) on the arrival day, and until 9 am in the morning on the day of the departure in ACI Marina Split, unless otherwise agreed. Overnight stay until morning check out is included in the boat price. In the case of any client's delay on the takeover day, charterer is obligated to inform AY accordingly and arrange new takeover time within a reasonable time frame.

Adria yachting is obligated to provide the Yacht to the Client in full commission and in proper working order, with a full complement of equipment, inclusive of that required according to the specification in website and official inventory list. The boat must be in impeccable condition, with diesel tanks filled such as water tanks. It should be delivered on agreed time and with all necessary documentation.

If Adria Yachting fails to make the Vessel available to the Charterer at an agreed time and place (regardless of the reason), the Charterer may claim a refund from the Operator for each day on which the Vessel was not at his/her disposal.

Provided that the scheduled charter commitment permits, the Charterer can prolong the period of the charter by the same length of time by which delivery was delayed, if it will not affect the following charter reservations. If the Operator is unable to deliver the Vessel at the agreed place within 24 hours after the deadline or make a similar or better-quality vessel available, the Charterer may withdraw from the contract or claim a refund for as many daily rental charges as the Vessel was unavailable. No other claims for compensation shall be recognized.

The Charterer is obliged to inspect the condition of the Vessel and items of equipment according to the handover checklist. After the full inspection of the Vessel, the client shall sign the checklist verifying that there is no damage found, including the underwater part of the boat.

All objections must be raised prior to initial sailing. Any shortages, defects in Vessel or equipment unnoticed at the time of transfer by Adria Yachting or Charterer may not be subsequently reclaimed from the cost of rental.

Handover

The yacht must be returned until 18 h during the day ( mandatory ) before check-out, unless otherwise agreed (written confirmation), with full fuel tank. The client is obligated to return the boat in clean condition – wash the dishes and take out the garbage.

If the Charterer violates the terms of Lease Contract, AY shall retain the right to collect the charges accordingly.

Bad weather conditions will not be taken into consideration for the delay. Charterer is obliged to check weather forecast on a daily basis, and in case of announced bad weather, he must act accordingly.

Furthermore, if charterer has to return the vessel prior to the day of check-out, he shall inform Adria Yachting thereabout within reasonable time frame, not later than 5 hours prior to return. Should the charterer fail to comply with these rules, Adria Yachting shall retain the right to collect additional charges and shall not be held responsible for any delays therein. In a situation when the charterer must leave the boat within a certain time frame, he shall be obligated to inform AY, in order to provide inspection on time. In case charterer fails to inform AY on time i.e. in the morning before the check-out, Adria yachting shall not bear any responsibility for any financial losses incurred by the client.

Charterer shall be aware of the conditions of his reservation regarding the daily berths. Since there can be some exceptions, charterer is obliged to be aware if they apply to his reservation, i.e. is he obligated to cover the costs of daily berth in the case of his earlier arrival. Adria Yachting shall once more warn the charterers of their check-in, if the exception applies to them. If the charterer refuses to settle his financial obligations, Adria Yachting shall retain the right to deduct them from the security deposit; unless such amount is recovered by the insurance company.

Charterer undertakes to deliver the Vessel in good working condition, and he is obligated to notify the AY of any potential damage caused during his rental week.
Furthermore, charterer shall contact and inform AY and provide material evidence (video, photographs) of any defect in the equipment and damage during his sailing week with no delay. Any shortages, hidden defects in Vessel or equipment not reported during the sailing week or after boarding, as stated above by Charterer to AY, shall not be taken into consideration for any kind of reimbursement or price reduction, as otherwise they could have been foreseen or prevented by AY.

Adria yachting shall be obligated to rectify any damage to the boat within 24 hours. In such a case, Client shall not be entitled to any reimbursement, and shall be obligated to follow every instruction given by service provider. AY shall neither be liable for any delay caused by Force majeure or extreme weather conditions.

If the chartered yacht is a sailing yacht, departing and entering in the ports only propelled by the engine and sailing without the engine only if and as needed (not if the slope is 10 degrees or more). If the charterer is not able to enter the port because of bad weather conditions or assumes there is a possibility of causing damage due to the impossibility of proper entry in ACI Marina Split he/she is obligated to contact AY immediately and seek assistance. In the aforementioned case Adria Yachting retains the right to collect additional charges as AY takes the responsibility for entire potential damage.

Withdrawal from charter

If, for any reason, the Charterer is unable to take over the Vessel, he/she may find some other person who will enter into the Contract instead of the Charterer, with consent given by the AY.

If no replacement can be found, the Operator shall retain:

• 30 % of the charter rental in case of cancellation by the Charterer after the booking has been confirmed
• The entire amount of the charter rental in case of cancellation by the Charterer within a calendar month prior to the beginning of the Charter period.

Exceptions can be made, only if Adria Yachting approves them, in a form of a credit note /voucher. The credit note equals the amount already paid to the AY and it is valid for future booking of any vessel in the fleet within approved time frame by AY. Credit notes shall not be approved for the last-minute cancellations and for the cancellation that could have been prevented by charterers.

Complaints

Any complaints of the charterer can be directly made, only in a written form, in person directly in Adria Yachting office.
Any additional complaints can be taken into consideration subsequently, only if delivered in a written form by e-mail including material evidence (photographs and video) not later than 15 calendar days after the disembarkation. Adria yachting shall immediately confirm the acceptance of complaint, and provide the charterer with response, not later than 30 calendar days.

Lost and found

All the items found on the Vessel, shall be kept in the office of AY for no more than 30 calendar days. Personal items are the responsibility of the charterer and the crew.

Delivery of the lost items is only and explicitly financial responsibility of the charterer, and it cannot be substitute for the compensation for any kind of complaint.

Arbitration

After confirming the booking and paying for the first installment, charterer declares that he has read these Terms and Conditions, and that he understands and accepts them in full.

In case that the both parties may not settle the dispute arising from this agreement by negotiations and amicably, the dispute shall be referred to the jurisdiction of the court in Split for resolution.