CHARTERKONTRAKTBETINGELSER (BC)

2013.
General Charter Conditions
 
1. CHARTER PRICE
The charter price includes the use of a fully equipped boat, boat insurance exceeding the contracted deposit and personal insurance for the crew. The rental price does not cover costs of fuel and other necessities, skipper`s fee, and other additional services such as marina and berthing costs, water, electricitiy and local taxes during the charter period. 
2. METHOD OF PAYMENT
The charterer agrees to hire the boat and shall pay the Charter Price, the Security Deposit, the Advance Provisioning Allowance and/or any other agreed charges, in clear funds, on or before the dates and to the Account specified in the Proforma Invoice issued by the authorized agency.
      Method of payment: 
50% of the charter price immediately after booking confirmation,
50% of the charter price at least 4 weeks prior to the beginning of charter period.
The above-described method of payment cannot be changed without approval of BETA YACHTING d.o.o. The final calculation will be done upon return of the chartered boat.
3. OBLIGATIONS OF THE CHARTERER
3.1. The charterer declares that he/she owns a valid boat leader`s license.
3.2. The charterer declares that he/she possesses enough practical experience in steering boats.
The charterer, or the person appointed as a skipper, may be asked by an appointed BETA YACHTING`s employee to demonstrate his/her knowledge and skills. The time spent for testing is included in the charter period. Should the appointed person conclude that the charterer does not possess enough knowledge, experience and/or valid boat leader's and/or other licenses, BETA YACHTING reserves the right to assign an instructor to the client for a period of two days at his/her own expense; 
- if the instructor evaluates that the client has become competent enough for steering the boat after two days of instructions, BETA YACHTING will approve further charter until the expiration of the contracted charter period;
- if the instructor evaluates that the client still isn`t competent enough to steer the boat all by him/herself after two days of instructions, BETA YACHTING reserves the right to cancel further charter with the refund to the amount of 50% of the collected charter price; or to approve further rent with obligatory hiring of a skipper for the full charter period. In that case, the client is obliged to bear costs of the skipper`s fee and food.
3.3. The charterer agrees to sail within the Croatian territorial waters (written permission must be obtained for any exception).
3.4. The charterer agrees to treat the boat and all its equipment carefully and according to naval laws and ethics. 
3.5. The charterer agrees not to rent or lend the boat to any other person, not to use the boat in any competition(s), not to use the boat for commercial purposes, such as, commercial fishing, sailing courses etc., not to board more crew than stated in the crew list, not to board pets or other animals, not to use the boat in unfavorable weather conditions, not to undertake to steer the vessel at night, but only in safe weather conditions. 
3.6. The charterer is obliged to respect all customs and other rules and regulations, to keep the log book correctly and hand it over to the lessor at the return of the boat. The charterer or one of the crew members must have a valid boat leader's license as well as a VHF  marine radio station license in order to handle the boat. 
3.7. The charterer undertakes to watch the weather forecast in order not to bring into danger the vessel`s safety and to avoid delayed delivery.
3.8. The charterer undertakes to inform the charter provider in case of delayed vessel`s delivery.
3.9. The charterer undertakes to inform the charter provider immediately in case of damage during the renting period.
3.10. The charterer undertakes to inform the charter provider immediately if the vessel needs to be repaired in case of the damage during the renting period.
3.11. The charterer undertakes to inform the authorized harbor master`s office, to make  the protocol for insurance company and to inform the charter provider in case of greater damages or if some other vessels take part in such damages.
3.12. The charterer undertakes to inform the nearest police department immediately and ask for a copy of the report in case of disappearance of the vessel or her equipment.
3.13. The charterer undertakes to return the vessel in agreed place and time, in good condition and with full fuel tanks.
3.14. The charterer undertakes, in case of delayed vessel`s delivery in agreed place and time, to pay:
the daily charter price – for 3–hours-delay
three times daily charter price plus all costs arisen for charter provider – in case of delay over three hours and every commenced new day of delay.
3.15. In case the vessel is not returned to the agreed place even 7 days after the agreed time, the charter provider   will consider the vessel stolen and will therefore inform the police and the insurance company to take the steps for further legal procedure.
3.16. The charterer undertakes to check carefully the vessel`s condition and equipment according to the inventory list when taking over the vessel.
3.17. In case of breaking or not considering previously stated obligations the charterer is responsible for all the consequences and expenses caused. The charterer agrees that the charter provider settles the expenses from the deposit paid when accepting the boat.
4. BOAT DOCUMENTS
       The charterer will receive all valid documents needed for the charter use of the boat and is required to      take proper care of them during the charter period.
5.    OBLIGATIONS OF THE CHARTER PROVIDER
5.1.The charter provider `s obligation is to ensure that the boat is in good condition, clean and tidy, ready to sail (full gas and water tanks) and fully equipped.
5.2.The charter provider will do a test round with the manoeuvre of great speed and landing at the
charterer`s request.
5.3.Should the boat, on the day of commencement of charter term, be unavailable for any reason not 
related to the charterer, the charter provider is obliged to provide a replacement boat. The charter provider keeps the right to offer one of the boats from his own fleet first, and only if unable to provide such a boat, is he obliged to offer a replacement boat of another charter company. The boat provided should be provided for the same price and within 24 hours from the contracted time of check-in. In case the charter provider is not able to provide either the reserved vessel or its replacement at the 24 hours time, he undertakes to offer the charterer the following possibilities:
Meeting the charterer`s costs for the days of waiting for taking over the vessel;
Providing adequate accomodation while waiting;
After expiring of the 48 hours deadline and abandonment of the Contract and renting, the charter provider undertakes to return the sum paid.
In case the charterer does not accept the offered replacement vessel, the charter provider keeps the right to resign from the contract and refund the paid rental price to the charterer's bank account or the bank account of the agency which made the reservation within 14 days from the day of resignation.
5.4.In case of cancellation of the arrangement because of unpredictable circumstances, the charter
provider undertakes to inform the charterer and refund the amount paid according to the Contract no
later than 15 days prior to beginning of the charter period.
5.5. All other expense claims (travelling expenses, overnight stays, refund for lost days and ruined
vacation…) are excluded.
6. DEPOSIT
Prior to the rental, the charterer is required to pay the deposit in height of 1.500 EUR (the deposit can be paid in cash or by credit card). The deposit will be returned in full to the charterer provided that the boat is returned on time, clean and tidy, not damaged and gas tank(s) is/are full. Even if the boat rental includes a skipper`s service, the charterer is required to put down a deposit that does not cover costs related to the skipper's negligence and careless operation of the boat and equipment. In case of damage or loss of equipment the charter provider keeps (according to the extent of damage) a part of whole deposit till the final settlement of expenses.  
7. RENTAL CANCELLATION
In case the charterer withdraws from the contract on his own request within period shorter than 4 weeks before the beginning of the rent, he is not entitled to any compensation. 
Should the cancellation be made earlier than 4 weeks before the beginning of the rent, and the charterer finds another charterer who will take the rent under the same conditions, he is refunded 80% of the paid sum. If the charter provider or charterer do not find another charterer at least 4 weeks before the beginning of the rent, the charterer is obliged to pay the whole rent regardless if he will use the boat or not. The charter provider shall use his best endeavours to re-let the Yacht and shall not unreasonably withhold his agreement to re-let. However, he shall not be obliged to accept any charter if he considers in his sole discretion that this may be detrimental to the Yacht, its reputation, its crew or its schedule. 
8. DAMAGE
8.1.When the accidents or damages occur, the charterer is obliged to write »Accident report« and verify it
by the harbor master.
8.2.For all damage done, regardless of the cause, the charterer is required to immediately inform the 
charter provider who will notify the charterer on how to rectify the problem. The damage must be
repaired carefully. The charterer will be charged for all unauthorized repairs and replacements. The
charterer can order a repair only in agreement with the lessor. The agreement must be in written form
(fax provided with a signature of the lessor or authorised personnel). The same procedure is in use in
case of a theft, inefficiency for maneouvre, confiscation or at any other obstacle for navigation, caused 
by either official or third parties.
8.3.If there are some minor damages and losses during the rental period, the charterer covers all expenses
of repair and substitute of equipment or inventory.  The same goes for the damage on the boat and
equipment caused by careless usage. 
8.4.In case of greater damages and accidents (for instance: if the boat cannot be operated or if 
the boat is confiscated and must not be moved by the decree of competent agency) the charterer must 
firstly inform the charter provider and follow his instructions.
8.5.If the damage of the boat, caused by higher forces, makes it partially or entirely impossible for further
rental, or if there is a guilt of a third party the charterer is not entitled to any compensation.
8.6.If at the time of the damage or in the time of the rent the cause for the damage can not be
determined, the charter provider holds back the deposit till the cause of the damage is determined. In 
such case the damage is inspected by a sworn valuator (valuator must be recognised by the insurance company which insured the boat) and the written report is presented to the charterer. If it is obvious from the report that the cause for the damage is in irregular and careless use of a boat during the time of the rent, the charterer is responsible for all expenses within the amount of the contracted deposit.
If it is obvious from the report that the cause for the damage is not the charterer`s fault, the charterer has the right to the partial refund for the days when he could not use the boat. 
All other expense claims (travelling expenses, overnight stays, refund for lost days and ruined vacation…) are excluded.
8.7.The charterer must always do his best to prevent any greater damage. He/she is also responsible for 
all the damages, accidents or losses caused by his/her crew.
9. RETURNING THE BOAT (CHECK-OUT)
9.1.The charterer is required to return the boat to the charter provider on time at the agreed upon
destination. The boat must be clean and tidy, not damaged, and the gas tank(s) must be full. If the 
boat  is not returned on time to the agreed upon destination, the charterer is required to pay three 
times the regular daily price for each day overdue (each day begun is considered a full day) and to pay 
for costs related to the late return. The late return can be justified in the case of Force Majeure
(including, but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots,
blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act 
or regulation, major mechanical or electrical breakdown beyond the crew`s control and not caused by 
the charter provider `s negligence) provided that the charterer immediately informs the charter 
provider about such a cause. 
Costs for lost or damaged boat parts and/or equipment caused by the charterer and his/her crew due 
to negligence and careless operation of the boat will be deducted from the deposit. 
9.2.Should the gas tank(s) not be full, the charter provider will deduct the required amount to fill the gas
     tank(s) from the deposit. In case of damage or loss of equipment the lessor keeps (according to the
     extent of the damage) a part or whole deposit till the final settlement of expenses.
10. INSURANCE
The boat, equipment and crew are insured for all damages and losses exceeding the deposit, depending on the type of the rented boat. The boat and the boat leader are insured for damages
      done to a third party. All damages and/or losses covered by the insurance must be immediately
      reported to the charter provider in written form. 
11. RESPONSIBILITY OF THE CHARTERER
11.1.The charterer is required to pay the charter provider for all material and legal costs not covered by
The insurance that are the result of the charterer's deeds and negligence for which the charter provider is responsible to a third party. The charterer is particularly responsible in the case of boat confiscation due to unlawful activity. In case of accident and/or shipwreck, the charterer is required to record the course of events or obtain a written note from the Harbor Master's Office, as well as to immediately inform the charter provider. In the case that the boat is missing, confiscated, or sailing is not possible or is forbidden by an authorized party or other, the charterer is required to inform the charter provider and the authorized parties. 
11.2.The charterer is required to check the oil level daily. The charterer is responsible for damages and 
losses due to the lack of oil in the engine. Damages caused to parts of the boat under the water level 
caused by the charterer's negligence and careless operation will be charged to the charterer. 
12. LOSS OF PROPERTY
BETA YACHTING d.o.o. is not responsible for the loss and/or damage to the charterer or a third party's property placed on the boat, in BETA YACHTING d.o.o office, vehicle, on the peer, or anywhere in Marina Dalmacija.  
13. COMPLAINTS
Only written complaints made when returning the boat (check-out) and signed by both charter provider `s representative and the charterer personally, will be taken into consideration. If the charterer does not follow these conditions he takes over the responsibility for all compensation claims from the lessor or from third parties.  
14. ARBITRATION CLAUSE
      Any misunderstanding or dispute should be solved in a friendly manner. Failing this, the Court in
      Zadar, Croatia will be competent.
            Compensation claims are limited to the height of rent. All other expense claims (travelling expenses,
            overnight stays, refund for pain and fears, refund for lost days and ruined vacation…) are excluded.
 
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