GENERAL CONDITIONS
You must read, agree with and accept all of the conditions contained in this "Charter conditions" before you can book a boat on the web page YachtHoliday.com (Bloem d.o.o.)
You may not use the YachtHoliday.com (Bloem d.o.o.) service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction as well as the laws of Republic of Croatia.
Questions about the Charter conditions should be sent to info(at)yachtholiday.com.
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CHARTER CONDITIONS
The Owner/Lessor - is Bloem d.o.o., service provider, an enterprise organized and existing under the laws of Republic of Croatia.
The Charterer - is an individual of lawful age and of full capacity to contract, or a properly represented lawful entity who enters into an agreement with a particular Charter for the reservation of a respective Listing and who has approved to pay the Full Booking Fee.
- The present Agreement will come into effect upon payment of the whole contractual amount/charter rate to the Owner/Lessor.
- The rental price includes the leasing of a boat with standard equipment, together with boat and crew insurance for the rental period. The rental price excludes costs incurred relating to domicile marinas (parking, berth, etc.), fuel, skipper/hostess service and the costs of other optional services. The Charterer can take responsibility for the boat that was previously reserved via Web page after paying 50% of the rental price upon approval of his request (in advance) and the remaining 50% of the rental price at least 30 days prior to the rental date. These payment regulations cannot be modified without Bloem doo’s consent.
- If, for whatever reason, the Charterer cannot overtake the vessel, the Charterer could find another party to undertake all the duties and liabilities deriving from the present Agreement, instead. Should he not find such other party, the Owner/Lessor is entitled to keep:
- 50% charter rate in case of canceling the Agreement, at the latest, 30 days before the charter date,
- full charter rate amount in case of canceling the Agreement within 30 days before the charter date.
- The Charterer is compelled hereby to fully reimburse the losses to the Owner/Lessor, for which the Owner/Lessor is liable to the third party, caused by the Charterer’s actions or his negligence, regardless of their nature; whether they be material and/or legal costs resulting from such actions or negligence. The Charterer is explicitly responsible for the vessel in case of its sequestration from any legal entity, or for incompetent or illegal actions undertaken during the lease period of the vessel itself.
- When chartering the boat bareboat, The Charterer or one crew member must possess valid license for size and tonnage of the boat, required by Croatian Maritime Law.
- The vessel must be returned according to check-in and check-out time, and with full fuel tanks to the marina. The Owner/Lessor is hereby committed to release the vessel in fully operating conditions. Should the Owner/Lessor, for any reason, not be able to make the vessel at the Charterer’s disposal at the agreed time and place, the Charterer could request the funds reimbursement for the same period he could not dispose with the vessel. The Charterer could prolong the agreed charter time period for the same period the vessel handover was delayed for, with the previous consent of the Owner/Lessor. Should the Owner/Lessor not be able to offer to the Charterer the vessel with the same or better characteristics, the Charterer is entitled to desist from the Agreement and request the reimbursement of the charter rate for as many days he has been unable to navigate the vessel. Any other reimbursement or claim right is hereby excluded. The Charterer is compelled to check the vessel and equipment condition, pursuant to the inventory list. All remarks must be submitted before the navigation starts. All faults and damages to the vessel and/or equipment, which have not been noted during acceptance and handover of the vessel to the Charterer, exclude the possibility of reducing or lowering the charter rate.
- After the handover of the vessel, all berth costs per day in the destination port or marinas, all fuel costs, oil, water and other costs, other necessities’ costs, as well as the removal of any type of damage or defect which might appear whilst the vessel is under the Charterer’s care and responsibility, and which are not the result of the natural wear of the material, will be covered by the Charterer, providing that the Charterer has previously reached the agreement with the Owner/Lessor on technical justification of the repair action which is to be undertaken. In case of a defect or damage caused by the natural wear and regular sail with the vessel, the Charterer will request the Owner’s/Lessor’s consent with regard to the price and technical justification of such a repair, and will subsequently ask for the adequate invoice, pursuant to which he will be reimbursed by the Owner/Lessor after the charter period has expired.
- The Charterer is compelled and hereby declares to navigate solely in the territorial waters of the Republic of Croatia (each exception requires a special permission in written); that he will not sublease or borrow the vessel to the third party; that he will not take part in regattas or vessel races; that he will not use the vessel for commercial purposes, professional fishery, sales schools or similar purposes; that he will navigate only in safe weather conditions and at good visibility. Furthermore, the Charterer assumes the responsibility of regarding all the customs and other regulations and rules, he is committed not to perform the transportation activities of neither people nor goods; that he will not sail in the navigation restricted zones; that he will keep the ship log and leave it in the vessel after the charter expiration period; that he will handle the vessel, its inventory and the appertaining equipment carefully, and that he will not be involved in tugging of any other vessel. In case of a sea damage and/or sea accident, the Charterer will register the sequence of events, and ask for the authorization from the Port authorities, doctor or other responsible body, and thereupon immediately inform the Owner/Lessor. The Charterer is furthermore compelled to immediately notify the authorities, as well as the Owner/Lessor , in case of a disappearance of the vessel, in case of the incapability to navigate, in case of confiscation or restriction measures or the navigation ban from the competent authorities or third parties. In the case contrary, the Charterer is personally liable to the Owner/Lessor and assumes all the responsibility for all the deriving consequences. The damage to the submersed part of the vessel will consequently have as effect the control check to the vessel, the costs of which will be covered by the Charterer. It is not allowed to have pets on board the vessel (dogs, cats, birds, etc.) except in case of a prior agreement.
- The Charterer will not leave the anchorage port or harbor, should the wind strength be increased, or if it is estimated at over 30 knots, or if the port authorities have banned the navigation; until the possible damage has been removed from the vital part of the vessel, like: motor, sails, riggings and painters, mud water pump, (anchor)windlass, navigation lights, compass, safety equipment, and similar, or if any of the aforementioned devices should prove in operational; the Charterer will not leave the port or the anchorage without the sufficient fuel supply, and generally should the weather conditions, or general vessel conditions or its crew prove inadequate or questionable for regular navigation.
- With regard to the weather conditions, the Charterer is compelled to strike sails in due time, and thus not to allow the vessel to navigate under the load stronger than enabled by comfortable sailing, without exposing the riggings and painters to the overload. The Charterer is compelled not to sail in the areas he has no familiarity with, with regard to the navigation charts the Owner/lessor disposes with, or without previously thoroughly studied navigation charts of a particular area or other relevant materials at Charterer’s disposal; that he will not unnecessarily sail by night, and particularly not without using the navigation lights and monitoring the navigation from the deck.
- The Owner/Lessor (or his representative) could request the Charterer and his crew, to prove the capability of steering the vessel and to demonstrate this capability at sea, accompanied by the Owner/Lessor (or his representative) present on board during the test navigation. In case the Charterer, in Owner’s /Lessor’s opinion, should not prove to have passed the test in a satisfactory manner, the Owner/Lessor could breach the agreement, as agreed, or could appoint the skipper, acceptable to both the Charterer and the Owner/Lessor. In such a case, the deriving costs will be covered by the Charterer, for as many days as it would prove necessary for the safe navigation of the vessel and safety of its passengers, whereas the number of days will be decided upon by the Owner/Lessor. The Charterer’s navigation testing capabilities’ period is included in the charter time period.
- The insurance conditions have been determined by the insurance company the Owner/Lessor has signed the insurance policy with. The damage, which is covered by the policy pursuant to its dispositions, and has not been reported immediately to the insurance company, will not be recognized. In such a case, the Charterer is personally liable for all the damages and claims, as the result of the failed damage report. The sails have not been insured, and in any case, the damage to the sails is to be covered by the Charterer, unless the damage has been caused due to the natural and regular wear of the material, or if the sails have been damaged due to the mainmast breakage. Furthermore, personal belongings have not been insured. The vessel crew, as such, has been insured.
- Only those complaints will be taken in consideration, which have been submitted in written during the checkout procedure, and which have been signed personally by Charterer.
- All additional contracts/annexes must be composed in written. The parties shall try to solve possible controversies or legal disputes by reaching a consensual agreement. Could such an agreement not be reached by consensus, the parties accept the competence of the Court in Split, as well as the legal provision framework of the Republic of Croatia.
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Charter conditions
Please also visit our Terms and Conditions (Charter conditions) section establishing the use, disclaimers, and limitations of liability governing the use of our website at /en/terms-and-conditions.
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