GENERAL CONDITIONS OF RENTING A BOAT
Tourist agency “Moderator j.d.o.o.”, located at Arnira Klaića 1, 21215 Kaštel Lukšić, OIB: 23374753642 ,(further in the text: holidays-to-croatia.com), guaranties the authenticity of the information in connection with the charter offer presented on its web site www.holidays-to-croatia.com and also for the authenticity of the conditions under which the charter fleet is offered. holidays-to-croatia.com takes care and maintains the offered boats with the attention of a good host and guaranties that they are technically in order and in good condition.
The person who realizes the first payment (further in the text: the client), and thus confirms his reservation for one or more boats from the holidays-to-croatia.com’s offer, establishes a legal relationship with holidays-to-croatia.com by which he consents that he agrees with the general conditions of renting a boat and with the terms that are herein given for his consideration. All data announced in these conditions presents legal obligation, both for the client and for holidays-to-croatia.com. These conditions are the foundation for resolving eventually arisen disputes between the client and holidays-to-croatia.com; therefore the client is obliged to read them carefully.
Applications for booking a boat are accepted via e-mail and by filling up the intended form on the holidays-to-croatia.com web site. Reservations may also be realized in the office of our agency, or in the offices of the holidays-to-croatia.com partner agencies that are authorized to sell holidays-to-croatia.com services. During the application process, the client is obliged to give all information requested in the intended reservation form. The same applies during the client’s application in our office, or in the offices of the holidays-to-croatia.com authorized representatives to whom he must present all documents necessary for carrying out the regulated procedures.
The client must send to holidays-to-croatia.com the crew list the latest one month before his arrival, with the full name, address, dates of birth and the kind of valid identification documents of each crew member. If the client reserves a boat without skipper he must send as well a copy of the boat permit.
The prices are expressed in euros. holidays-to-croatia.com reserves the right of changing the prices, in case the owners of the boat modify prices.
All listed prices refer to a seven-day rent, from Saturday to Saturday.
The prices presented on the holidays-to-croatia.com web pages vary from one boat to another depending on the model, the year of making and the season of renting, and are therefore especially emphasized by each one of them.
The listed prices include: technical control, clean and dry boat with full tanks of gas and water (as they have to be when the client returns the boat), use of the boat and its devices; the obligatory boat insurance; a comprehensive insurance that exceeds the value of the deposit defined by the contract; Croatian sailing license, the charter license of the boat, and every information published on the site at the page of presentation of the boat.
The listed prices of the boat do not cover expenses at the marina and mooring at the marina during the period of renting, port taxes, tourist taxes and other taxes, additional boat equipment, gas expenses and other necessities, holidays-to-croatia.com crew compensations and other special services, health and accident insurance for the crew, and any information not published on the site at the page with the presentation of the boat.
Should there be any changes in the prices for a certain boat after the application has been filled up and before the client realized the preliminary payment, holidays-to-croatia.com has to inform the client about the change immediately after finding out, and with his agreement send him a new invoice.
Should there be any changes in the prices after the client realized the preliminary payment, holidays-to-croatia.com guarantees that the client will pay the rest of the amount according to the invoice on the bases of which he had decided to reserve a certain boat.
4. METHOD OF PAYMENT
In order to confirm the requested boat reservation, the client has to make a preliminary payment that equals 50,00 % of the total amount of the reservation. The rest of the sum has to be paid the latest one month before the beginning of the renting.
The client can take over the reserved boat only under the condition that he has realized all the necessary payments.
By realizing the first payment, the client confirms that he is completely familiar with all the characteristics and conditions under which the certain boat is offered to him. By realizing the first payment, all that is mentioned in these conditions become a legal obligation, both for the client and holidays-to-croatia.com.
5. THE CLIENT’S RIGHT OF CHANGES AND CANCELLATION
If the client wants to cancel the reserved boat he has to inform holidays-to-croatia.com in writing (by e-mail, fax or regular mail).
The date, when holidays-to-croatia.com receives the written cancellation request, presents the basis of calculating the cancellation coasts in the following way:
- For a cancellation up to two months before the beginning of the renting period, holidays-to-croatia.com charges 30 % of the total price of the reservation. The rest of the money will be returned to the client at his own expense.
- For a cancellation up to one month before the beginning of the renting period, holidays-to-croatia.com charges 50 % of the whole arrangement, i.e. keeps the amount of the first payment.
- For a cancellation within a month before the beginning of the renting period, holidays-to-croatia.com charges the whole 100 % of the renting cost.
- For a cancellation after taking over the boat, holidays-to-croatia.com keeps all 100% of the renting price and charges the client with all expenses that may occur due to that cancellation.
The refund of money will be done immediately after confirming the exact amount that has to be returned to the client. The payment can be done exclusively to the foreign currency account of the client. When it comes to the currency transfer, the expenses of sending the money to a foreign country are at the expenses of the client.
If the client who cancels the rented boat finds another user who is willing to overtake his rights and duties for the same reservation, holidays-to-croatia.com only charges for the expenses caused by the change.
If cancellation is caused by force majeure, i.e., due to objective reasons on the client’s side (death in the family, health reasons, accident…), the already-paid amount will not be returned to the client.
During checking-in, the client must leave an obligatory deposit to the representative of holidays-to-croatia.com, as a warranty that he will compensate all possible losses and damages occurred during the renting period, even if they are not covered by the insurance policy. This deposit can be settled in cash or by taking the imprint of the client’s credit card. The modalities and amount of the deposit are shown on holidays-to-croatia.com web site at the page of presentation of the boat.
The deposit will be returned to the client after the holidays-to-croatia.com representative establishes that the boat has been returned at the agreed time and place, tidy and undamaged, with full tanks of gas and water and under the condition that there are no further request or announced request from a third party concerning the client, that are connected to the use of the rented boat.
In case of brutal negligence, i.e., damaging the boat and/or the equipment, and in case of a loss of one or more parts, the client takes responsibility of all expenses. holidays-to-croatia.com will keep the amount from the deposit that corresponds to the value of the repair, the acquiring and/or purchasing of the equipment, or separate parts of the boat. If due to a damage, loss of the boat or the equipment, renting it is not anymore possible; holidays-to-croatia.com will keep the amount of the deposit, which corresponds to lost profit.
Leaving the deposit is obligatory also when the client hire the services of a skipper of holidays-to-croatia.com. In this case, the set down deposit cannot be used for covering the expenses caused by the skipper’s negligence, bad steering of the boat and bad management of the equipment.
7. TAKING OVER THE BOAT
The boat can be taken over in the agreed time and place, from 5 pm to 8 pm.
If the client does not take over the boat within 12 hours from the agreed time without previously announcing it, holidays-to-croatia.com is authorized to unilaterally terminate the contract and the client has no right to subsequently ask for compensation.
If due to whatever reasons holidays-to-croatia.com is not able to deliver the reserved boat in the agreed time and place, the agency has a 24 hour time, from the agreed time of taking over the boat to provide the client with another boat with equal or better characteristics. If holidays-to-croatia.com does not succeed in doing so, the client has the right to terminate the contract and to be reimbursed of the already paid amount. If the client decides to wait for a substitutive boat more than the previously agreed 24 hours time, he can be refunded of the amount of the rental for the days he was not able to use a boat. The responsibility of holidays-to-croatia.com for amounts higher than the amount of the rent, as well as for any other right of the client for compensation, is excluded.
When taking over the boat, the client is obliged to submit to the holidays-to-croatia.com representative an authenticated voucher which designates that the whole amount of the rent has been completely paid.
holidays-to-croatia.com is obliged to give out to the client a technically correct boat and completely equipped with full tanks of water and gas, clean and dry, ready for sailing.
When taking over the boat, the client is obliged to carefully verify and test the condition of the boat and its equipment, and verify whether the inventory checklist corresponds to reality. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects or lack of the boat and/or the equipment, which were not known to holidays-to-croatia.com when submitting the boat, as well as damages and defects after returning the boat that holidays-to-croatia.com could not predict, do not give the client the right to ask for discount on the price of the rent.
8. RETURNING THE BOAT
The client is obliged to return the boat at the agreed time (9 am at the latest) to the defined port mentioned in the contract, clean and tidy, with full tanks of gas and water, ready for further sailing, i.e., in the same condition he overtook it.
If due to whatever reasons during the trip further sailing is not possible and/or exceeding the negotiated date of return is inevitable, further instructions should be given by contacting the base manager and holidays-to-croatia.com. The information about the announcement must be written in the boat’s diary. Adverse weather conditions cannot justify the exceeding of the negotiated return date of the boat. Exceeding is only justified in cases caused by force majeur.
When it comes to exceeding the negotiated date of return, the client guarantees that for a delay of three (3) hours he will pay additional daily rent. For delays over three (3) hours and for each beginning of a new calendar day, the client must pay triple daily rent, as well as additional expenses that have come up due to the late returning of the boat. Therefore it is advised to the guest to return the boat to the designated port in the evening hours of the day before checking it out.
In case of returning the boat to another port than the negotiated one, the client must reimburse holidays-to-croatia.com for all expenses caused by taking it back to the negotiated port, as well as expenses for any delay if such has occurred, as well as for any damage occurred during transferring back the boat and that are not covered by the insurance policy.
When returning the boat an holidays-to-croatia.com representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the inventory list. The client is obliged to report to the holidays-to-croatia.com representative eventual defects and damages. If damages have occurred on the underwater part of the boat, or if there is such suspicion, a detailed check-up needs to be done with the help of a crane or a diver. holidays-to-croatia.com decides in which way the check-up will be performed. However, the client is charged with the expenses of the procedure.
If the client tries to hide any damage or loss that has occurred during the renting of the boat, he must pay a penalty to holidays-to-croatia.com in the amount of 300 euros and compensate the committed damages.
The expenses for lost and damaged parts of the boat, or the equipment, caused by negligence or bad management on the client’s side, or his crew, are billed to the client. holidays-to-croatia.com will compensate that amount from the deposit of the client.
In case that the boat is returned dirty and untidy, holidays-to-croatia.com will use the client’s deposit for the special cleaning of the boat. holidays-to-croatia.com will also charge for gas and services of filling up the gas tank in case the client does not return the boat with full tanks.
During the time of renting, the boat remains possession of holidays-to-croatia.com or the owner with whom the agency has signed a cooperation contract. Until the moment of proper returning of the boat, it is considered to be rented to the client.
9. EXTENDING THE RENTING PERIOD
If due to whatever reason the client wants to extend the renting period, he has to sail back to the designated port and contact the holidays-to-croatia.com representative and in written form to ask for permission for a new time of disembarkation and a new designated port.
10. DOCUMENTS OF THE BOAT
The boat is given to the client’s usage with all proper documents necessary for renting (permit, registration, concession…), as well as with all other documents part of the boat’s folder (list of port authorities, gas stations…). The client is obliged to handle and keep all received documents with extra care.
When returning the boat, the client must give back all received documents and their annexes.
The client is obliged to keep records in the boat’s diary.
11. AGENCY’S OBLIGATIONS
holidays-to-croatia.com is obliged to take care of the realization of the offered services with the attention of a good manager and to watch after the rights and interests of the clients, in accordance with the good Croatian tourist tradition.
holidays-to-croatia.com is obliged to make sure that the client receives all the services he paid for in the reserved term, and thus is responsible if a part or the totality of the service is not assured.
holidays-to-croatia.com declines any responsibility in case of modification of the service, or if a part or the totality of the service is not assured, because of a case of force majeure (war, riots, strikes, terrorist activities, sanitary disorders, adverse weather, government official, etc.).
12. CLIENT’S OBLIGATIONS
The client is obliged:
- to own a valid passport. The client bears all expenses if documents are lost or stolen.
- to attain and study the published material for proper usage of the boat.
- to consciously and carefully handle the boat, the inventory and the equipment, especially not to run it under the influence of alcohol or narcotics, and in every way to behave responsibly for the pleasure of his crew.
- to sail in the territorial borders of the Republic of Croatia. Leaving the territorial waters of the Republic of Croatia is possible only by obtaining previous written permission of holidays-to-croatia.com.
- not to sail in forbidden sailing zones.
- not to sail and plan routes (itinerary) without previously studying the navigation charts, potential routes, nautical guides and all other guides found aboard, especially not to sail in areas that are not satisfactory researched and insufficiently covered by the nautical maps..
- to let holidays-to-croatia.com know about the approximate route of sailing (itinerary) when taking over the boat. In reasonable time periods he is to report to holidays-to-croatia.com using a GSM, or the available radio-station, about his position and the condition of the boat and his crew, as well as for all possible breakdowns and damages.
- to carefully plan and maintain his itinerary so that the place of turning around and heading towards the port of departure be, at the most, two days of sailing from that port, which is approximately 40 NM.
- not to sail at night without the use of navigation lights; to sail with the adequate watching over the deck and with the necessary attention directed toward potential obstacles.
- to sail in safe weather condition, in good visibility, and to avoid obviously dangerous areas.
- depending on the atmospheric conditions, to take in the sails in time, and for the purpose of comfortable sailing, to not allow unnecessary damages on the mast, the sails and the lines.
- not to leave the port or the anchoring place if the current wind intensity is, or is soon expected to be more than 23 knots, or when the general weather conditions are unstable.
- not to leave the port or the anchoring place if the boat or part of the equipment such as the engine, the mast, the lines, the bilge pump, the sail equipment, the compass, the navigation lights, the safety equipment is not properly functioning.
- not to leave the harbor if port authorities have issued a sailing prohibition, in case of insufficient gas supply, and in case of sickness of any crew member.
- not to use the boat for commercial purposes (transporting goods and people for a compensation), professional fishing, sailing school and similar activities.
- to not further rent the boat or give it away to a third party.
- not to take more passengers onboard than the boat is intended for, and not to take more people onboard than the ones listed on the crew list.
- not to participate in a regatta or other competitions without the agreement of holidays-to-croatia.com.
- not to tow another boat, except in emergency cases.
- to take all prevention measures in order to avoid situations in which the rented boat needs to be towed. If such a situation occurs, the price of towing needs to be negotiated with the captain of the other boat before towing, for which the client needs to ask for the holidays-to-croatia.com’s permission.
- to respect all customs and other regulations of the Republic of Croatia and not to take onboard any objects undeclared to the customs.
- to personally watch that he himself and all crew members behave in accordance with all valid laws and regulations of the Republic of Croatia, to especially respect fishing and diving laws; and that no archeological valuable objects should be found onboard.
- to agree that the renting contract is cancelled if it is established that a crew member has broken any valid regulation and/or a law of the Republic of Croatia, which means that the boat should be at holidays-to-croatia.com’s disposal, without any right of compensation on the client’s side. Furthermore, it is hereby specially established that holidays-to-croatia.com will be free of any responsibility before any government officials, for all committed violations and/or criminal offences, the client is wholly responsible before the government organs.
- to overtake full responsibility and thus compensate holidays-to-croatia.com for all expenses for which it has been established that have been caused by actions and failures on the client’s side and for which holidays-to-croatia.com is materially and criminally responsible to a third party.
- to agree that his responsibility for breaking any rules of sailing and all other rules, performed during the renting of the boat, does not stop after the end of the renting period.
- in case of damaging the boat, accident or breakage, to record the course of happening and immediately report to holidays-to-croatia.com. He should also file a report of the sea accident to the closest port authorities, doctors or corresponding authorities so that he can get their attest.
- in case of any defect of the boat or its equipment, caused by the natural deterioration of the boat or the equipment, to immediately report to holidays-to-croatia.com. The agency is obliged to fix the defect within 24 hours upon receiving the report. If holidays-to-croatia.com fixes the defect within 24-hour period, the client has no right to any compensation. The contact telephone numbers, which should be used in case of breakage, are listed in the boat’s documentation.
- to fully compensate holidays-to-croatia.com for any damage performed in negligence and/or by the unconscious actions of the client, which are not covered by the insurance, and for which holidays-to-croatia.com is responsible to a third party.
- in case of disappearance of the boat and its accompanying equipment, inability of sailing of the boat, expropriating of the boat and/or its confiscation, or prohibition by government officials or a third party, to immediately report to the competent authorities and holidays-to-croatia.com and ask for a copy of the police report.
- to take full responsibility in case of confiscating the boat by any government officials due to irresponsible or illegal actions (commercial fishing, extracting antiquities from the sea…) performed during its renting period.
- to take full responsibility in case of contaminating the sea during filling the gas tank of or disposing of garbage or waste in forbidden areas outside the regulated places
- to check the level of oil in the engine every day. The client is fully responsible for damages caused by an oil shortage.
- to correctly run the boat’s diary and leave it onboard after the rental period.
- to take aboard home pets (dogs, cats, birds…) only with the permission of holidays-to-croatia.com. Taking home pets aboard is not permitted. Exceptions are possible upon previous agreement.
If he decides to act differently than hereby stated, the client alone takes upon himself all material and criminal responsibility.
13. SAILING PERMIT
The client must possess necessary nautical knowledge and skills and a valid sailing permit for running the boat at open sea, as well as a confirmation of finished course on handling the radio station. If the client does not possess the required documents, knowledge and skills, he is obliged to let the boat be run exclusively by a crew member who owns them.
The client, or the person appointed as a skipper by him, may be asked by an holidays-to-croatia.com representative to demonstrate his knowledge and skills. The client is billed for the testing expenses. The time spent for testing is included in the renting period.
If during testing the holidays-to-croatia.com representative establishes that the client, or the person appointed as a skipper by him, does not possess enough knowledge, experience and/or valid sail permits, then an holidays-to-croatia.com skipper will join the crew at additional cost, in accordance with the official price-list. If the client does not accept the appointed skipper, holidays-to-croatia.com can exercise its right to forbid sailing out of the boat, to cancel the contract and to keep the whole amount of the deposit. In this case, the client has no right to be compensated.
If the client knows in advance that he will need the service of the official holidays-to-croatia.com skipper, he ought to notify the holidays-to-croatia.com personnel about that during reservation.
The insurance is defined by the conditions established by the insurance company with whom the owner of the boat, or holidays-to-croatia.com, has signed the policy.
The insurance of the boat covers damages inflicted to and by a third party up to the amount of the reported value of the boat (obligatory insurance). The boat is also covered by a comprehensive boat insurance that equals the amount of the reported value of the boat. The comprehensive boat insurance covers damages that exceed the amount of the deposit and are caused by force majeure, but not damages caused intentionally or by negligence.
The client, the crew and their personal belongings are not insured and therefore we suggest that he should do that on his own.
All damages and/or losses must be reported to holidays-to-croatia.com immediately upon occurrence. When there is a greater damage, as well as in the case when more boats participate in the accident, it must be reported to the competent port authorities and to ask for the corresponding document that will additionally be handed over to the insurance company. Damages covered by the insurance policy that were not immediately reported to holidays-to-croatia.com, to the competent authorities, to the insurance company, and for which all necessary documents do not exist, will not be acknowledged, according to the conditions of the insurance. Therefore, the client is personally responsible for all damages and will be charged with all restoration expenses.
If the boat gets damaged, the client will be charged with all expenses in accordance with the conditions of the comprehensive boat insurance but only to the amount of the deposit. The expenses of all damages of the boat and/or its equipment caused by negligence and/or loss of one or more equipment parts are born in full amount by the client.
The sails are not insured and thus the client will be charged with all repair expenses. The responsibility of the client is excluded only in case of natural deterioration of one or more sails, or in case of damages caused by breaking of the mast.
Engine damages caused by the oil shortage are not covered by the insurance; thus, the client will be charged personally for all repair expenses.
The client takes full material responsibility for damages caused by anchoring and docking into ports and small ports that are known as being unsafe.
15. RESPONSIBILITY FOR EXPENSES ORIGINATED DURING RENTING PERIOD
The client himself is charged with all expenses or defects that have occurred while the boat was his responsibility and that are not connected with the natural deterioration of the boat. Before the process of reparation, the client has to come to an agreement with holidays-to-croatia.com concerning the technical justification of the necessary repair.
holidays-to-croatia.com covers all damages or defects that have occurred, or originated during the renting period, and that are connected with the natural deterioration of the boat. Before the process of reparation, the client has to come to an agreement with holidays-to-croatia.com concerning the technical justification of the necessary repair. The client is to pay the bill right at the place of repairing and to keep it so that, when returning the boat, he may be refunded with the whole amount.
16. BREAKAGES AND DAMAGES
The client is obliged to inform holidays-to-croatia.com about all breakages and damages immediately after their occurrence, no matter what their cause may be. holidays-to-croatia.com will instruct the client in what ways to perform all necessary activities and/or changes of equipment. The client will be charged with all unauthorized repairs and changes of parts of the equipment.
17. PROPERTY LOSS
holidays-to-croatia.com is not responsible for losses and/or damaging the property of the client and the rest of the crew, someone else’ property that have been laid down and kept on the boat, in the transportation vehicle, in the holidays-to-croatia.com office or in the owner’s boat. By paying the necessary deposit and agreeing to the general conditions of renting a boat the client renounces his rights of requesting a compensation from holidays-to-croatia.com, or from the owner of the boat for losses and/or damages of his personal and/or someone else’s property.
18. PHOTOS OF THE BOAT
If the photos of the boats presented on our web pages have the holidays-to-croatia.com copyright sign, then these pictures correspond to the real boat the client will be renting.
We want to especially emphasize that photographs of the boats that do not have the holidays-to-croatia.com’s copyright sign are not the exact boats the client will reside in, but only representative pictures of the boat’s maker, which still refer to the required model. The photographs of the boats are published exclusively for orientation purposes and in order to help our users. It is possible that the client may notice some irregularities between the photographs and the real state of the boat (as the equipment or the year of production); however, these irregularities cannot serve as valid reasons for the client’s request of a substitutive boat nor for requesting any kind of compensation, if the real offered model corresponds to the rented one.
We recommend that when booking the boat the client gets informed about all the details that are especially important to him.
The presentation of the boats we offer contains a plan of their different variations, depending on the number of cabins. holidays-to-croatia.com is obliged to visibly emphasize the real number of cabins. We kindly ask the client to pay attention to the number of cabins of the boat he is about to rent. All possibilities of later complaints from the client containing that he has been given a boat with smaller number of cabins than presented by the plan on the internet, are excluded.
If any client feels that the already-paid services are not completely and/or qualitatively performed, he has the right to address a complaint to holidays-to-croatia.com. The client may request a proportional compensation only if during checking-out of the boat he files a written complaint and encloses all corresponding documentation. Both the client and the holidays-to-croatia.com representative should sign the written complaint. holidays-to-croatia.com will not consider additionally received and incomplete documented complaints.
holidays-to-croatia.com is obliged to come up with a written solution to the accepted complaint within seven (7) days upon receiving it. The agency can postpone the solution period for maximum another seven (7) days for the purpose of collecting data and verifying of the complaint that, directly or indirectly, concerns the involved persons cited in it.
The client renounces any mediation by any other person, the arbitration of the Association of Croatian Tourist Agencies (UHPA), law institution or giving information to the medias until holidays-to-croatia.com comes up with a solution of the complaint. If the client breaks this regulation, because of the violation of the procedure, no matter his assertions, he loses the right of compensation. holidays-to-croatia.com has the right to ask for compensation from the client due to the harm he has done to the agency.
The highest amount of compensation can equal the amount of the advertised service but cannot include the already used services or the whole amount of the rent. This excludes the client’s right for a compensation of non-material damages (such as bank charges for sending money, phone expenses, additional fuel costs, loss of time, excessive stress, mental pain …).
20. COURT COMPETENCE
If the client is not satisfied with the Agency’s solution and cannot find a peaceful and reasonable agreement with it, he has the right to court arbitration.
The court in Split is authorized for applying all Croatian law regulations in such cases.
In Split, 10. 12. 2014.