B. Cancellation by the Company
Every precaution will be taken to ensure that the booked boat is available
in a fully seaworthy condition. If owing to conditions and circumstances
beyond the reasonable control of the Company this is not possible, then
every effort will be made to supply a similar or suitable boat. Should
this not be possible the Charter Fee paid by the Hirer will be returned in
full but the Charterer will have no claim on any account against the
Company.
3. EMBARKATION
The time of taking possession will normally be Saturday
between 17.00 hrs and 21.00 hrs.
The charterer will take charge of the boat after completion of certain
formalities (security deposit, inventory check), receipt of administrative
documents and instructions in operation of the boat.
The charterer will be required to sign the Check List. Signing implies
that:
- The boat was handed over in a clean and tidy state
- The instruction was adequate
- The boat is in a satisfactory mechanical state with full fuel and water
tanks
- The inventory has been checked and found satisfactory.
The Company reserves the right to decline a booking or to refuse to
hand-over a boat to any person who, in their opinion, is not suitable to
take charge on the grounds of ill-health, age, disability, inexperience or
any other reason which, in their opinion, would lead to a serious risk of
accident or damage. In such cases, Charter company will provide a
competent skipper at charterer?s expense. If the charterer does not accept
a skipper, the Charter Fee will be refunded in full and the Contract
terminated without further liability on either party.
4. DISEMBARKATION
The boat must be returned to the originating Base of
Embarkation at the time and date agreed, with full fuel and water tanks.
The hirer should plan a great enough margin for the return time to be
respected.
Therefore, it is recommended to return the boat in the marina at 17.00
hours the day before the charter ends.
It is the responsibility of the charterer to make allowance for bad
weather.
Failure to return the boat on the due date will incur a charge of double
daily rate plus any other charges of incidental losses incurred by the
Company.
The fuel tank and the water tanks have to be filled up before the
check-out.
5. INSURANCE
The following insurance will be in full force during the
term of the charter:
a) Hull Insurance is provided for total loss or damage to the cruiser and
its equipment. Bareboat charterers shall be responsible for the amount of
protection provided from the security deposit. The charterer, however, is
responsible for any loss or damage or any other liabilities arising out of
deliberate acts or negligent conduct by charterer, his or her family,
guests and agents, in which event the sole responsibility for the entire
amount of the loss or damage would fall on the charterer.
Damages on the sails are not covered by insurance.
b) Third Party Liability Insurance
c) Personal Accident Insurance - this insurance does not cover loss,
damage or theft of personal luggage or belongings, including any motor
vehicles parked at the marina.
The charterer is advised to take out personal travel insurance before
departing.
6. SECURITY DEPOSIT
A refundable security deposit, which amount depends on the
class of the boat, has to be paid before embarkation (cash, credit cards ?
Visa, Diners, MC, AC). The deposit has to be paid even when a skipper has
been employed to captain the boat.
This deposit can be applied to the repair of damages or loss of equipment
caused by charterer or by any of his party. It will be refunded provided
that no reason exists for its retention.
Charterers returning or leaving a boat at a Marina different from the one
from which they started ? except by prior arrangement made with the
Company ? will lose their deposit.
7. ACCIDENTS, BREAKDOWNS AND REPAIRS
In the event of any accident or mishap the charterer must
immediately provide the Base Manager with full details together with the
names and addresses of witnesses and the name of owners or charterers if
another vessel is involved. The Base Manager will indicate the next steps
to be taken. The charterer is required to complete the accident report
form and to have it completed and countersigned by the third party. In
particular, lost dinghies and outboard engines must be reported
immediately. Failure to notify the Base Manager of any loss, mishap or
accident may invalidate the insurance.
The Base Manager must be notified immediately if any repairs or service
are required and they may not be placed in the hands of other repair shops
without the Base Manager?s specific approval.
If you have a breakdown of the equipment which is considered essential to
the operation of the yacht and which occurs inside the 30 mile radius of
the Company base, we will complete repairs within 24 hour of receiving
your call. If we fail to correct the problem within 24 hours, you will be
refunded on a rate pro-rata to the lost charter time or you will receive a
sailing credit toward your next charter.
All other breakdowns will be serviced, but compensation will not be
provided if repairs take more than 24 hours.
8. CHARTERER'S LIABILITY AND OBLIGATION
The charterer shall pay any additional running expenses
not included in the charter price: fuel expenses, tourist taxes and a
mooring place outside the marina.
The charterer shall use the boat for pleasure only. charterer shall not
assign this agreement or subcharter without prior written consent of The
Company. The boat shall not transport merchandise or carry passengers.
Passengers, other than those notified on the crew list, must not be
carried on the boat.
The charterer is explicitly liable for the boat in case any official
authority confiscates it, due to inappropriate and illegal actions
undertaken during the usage of the boat.
All passengers with the exception of any skipper or cook provided by the
Company are considered guests from the charterer. Charterer is responsible
for the safety and well-being of chartrer and all guests.
Charterer shall avoid sailing area designated hazardous and should refrain
from night sailing.
Charterer shall comply with all laws and regulations of the Croatia or of
any other government within the jurisdiction in which the boat may be at
the time.
By signing the agreement, the charterer certifies that he/she is competent
to handle the boat and that the charterer has sufficient practical
knowledge of seamanship, unless a Company approved skipper has been
employed to captain the boat for the entire charter period.
In accordance with the laws of the Republic of Croatia, the charterer has
to possess a valid license necessary for the navigation (Boat Leaders
Certificate) and a radiophone certificate.
9. DISPUTES
The charaterer is required to notify the Base Manager of
any alleged shortcomings or problems with the boat immediately as they
occur. No claim can be considered in respect of such alleged shortcomings
if not notified as aforesaid.
Furthermore the Company will not investigate nor deal with complaints
received later than one week after the termination of the Charter.
In the event of dispute, The Tribunal of Commerce of the port of
embarkation is the only competent authority.
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