CHARTERKONTRAKTBETINGELSER (SY)

1. The price includes the use of the yacht together with all belonging equipment, insurance and the maintenance thereof in the berth.
2. In case the chartering party wishes to change the date of the yacht use, this may be granted only in accordance with the disposition possibilities of the owner.
3. The advance payment of the fee thereto is due with the signing hereof. The Party guarantees to execute the full payment of the amount agreed upon in accordance with the conditions as stated herein, while the security amount is to be deposited at the latest on the day of the yacht takeover. If the inpayment is late, the owner has the right to cancel the contract. If the contract is cancelled by the party, which cancellation should be explained in writing, the owner has he right to claim a reasonable fee for the preparations executed as well as for the travelling costs. When the compensation fee is calculated, the usually saved costs as well as the income arising from the secondary intentional use of the charter vessel, will be taken into consideration. The amount of the compensation is determined in accordance with the usage fee. As a rule, these costs are as follows:
a) 50% if the cancellation has been made 30 days prior to the takeover date agreed upon;
b) 100% if the cancellation was made after the 29th day prior to the takeover day agreed upon. In case the mediator succeeds to rent the yacht to another user for the whole duration term of the cancelled charter time period, all amounts payed will be returned, minus a lump sum for the costs, in the amount of 20% (of the charter price), with an eventual minimal compensation.
4. The eventual fee stays in the possession with the owner, regardless of the fact whether the party used the yacht for the duration of the usage right or not.
5. In case, owing to a distress during a previous use of the yacht or any other type of hindrance, the owner is not able to give the yacht at disposal at the latest 48 hours after the date agreed upon, the owner has the right and the obligation to give over for use another vessel with the same number of sleeping places. Failing this he is obliged to return the amount of the usage fee, without being obliged to follow any other type of claims or further compensation to the party. In case the giving over of the vessel is late (counting from the 5. hour after the vessel is due to be given over in accordance with the term agreed upon by the contract), a corresponding part of the usage fee will be returned.
6. The owner is obliged to close down the following contracts on insurance:
a) legally obligatory insurance and
b) full casco with a selfshare in accordance with the case of damage.
The conditions regarding the obligations from the insurance contract are to be considered as an integral part hereof. Personal belongings are not comprised within the insurance contract. The insurance company, the owner or the mediator do not guarantee for the damages suffered by the passengers on the vessel.
7. Any type of fuel needed is to be paid by the party: diesel, gasoline, and batteries for radio, GPS, etc.).
8. The party must have a navigation permit necessary for such type of yacht and must be familiar with all necessary knowledge and experience in order to be able to steer the yacht. The party is obliged to have on the ship only such number of persons as permitted for such type of vessel. The party is obliged as well to use the said vessel only for sports navigation, within the frame of the valid ship and custom rules, excluding any kind of trade, professional fishing, renting, rendering transport services, regatta and similar. The leaving of the territorial waters is permissible only subject to a previous approval thereon given by the owner, issued in writing. In case of any breach of the above rules, the party is solely responsible regarding all navigation, criminal, custom and all other legal and remaining bodies as well as in case of confiscation owing to the violation of any rules by the party, specially in case of an unconscious guilt or rule violation. The party is obliged to control, daily, the oil level in the engine. The party guarantees the owner and the mediator regarding any compensations for the costs and damages arising from the violation of the above rules or obligatory behaviour. The party will allow the tugging of other yachts, including the one subject hereof, only in case of an emergency, but even in such a case only by the use of an own rope in order to keep the costs and claims on the ground of salvage as low as possible. The party is obliged to do the best to avoid the contact with the sea ground and, in case this does happen, to inform thereon, immediately, the charter station. In case any dangerous weather or sea conditions are announced (and in any case if the wind announced is more than Force 7 - 7 Beaufort), the party may not leave the protected port or is obliged to search for the nearest protected port or a corresponding bay to be used as a berth. The vessel may not be anchored on the open sea and left without supervision, or it must be in such a case secured in such a way that the yacht may be tugged away in case of an emergency.
9. The party is obliged to return to the starting port within the term foreseen thereto and to announce his presence to the owner. The party will be held responsible for all and every cost and damages arising from an untimely return of the yacht and, in case this is the fault of the party, the party is obliged to pay the lessor a double amount of the daily rent together with the loss of the gain and the compensation for the costs arising from the untimely return of the yacht. Meteorological conditions which, taken the experience into consideration, may be expected, have to be calculated within a flexible navigation plan and do not, thus, exclude the compensation claim.
10. The yacht must be given over to the party in the navigable condition, clean and in accordance with the inventory list. Regarding the usability of the electronic instruments and the informative contents of the navigation maps, no guarantee is offered. The party is obliged to return the yacht and its equipment in a good condition and in the function. If the state the ship is in when returned is considered as satisfying, the deposit will be returned. The party will be charged with any eventual repairs and cleaning of the vessel.
12. The normal wear and tear damages in the amount of up to 50.- EUR the party has the right to carry the repairs out at his own expense. This cost will be refunded with the invoice presented. Regarding any repairs in the amount over and above 50.- EUR, the party is obliged to ask for an advice and to acquire a previous approval thereon from the owner or his representative.
13. In case of a heavy distress (collision, leakage of water into the ship’s interior, fire etc.), theft and any damage amounting to more than 250.- EUR, the party is then obliged to have a minute executed thereon, by a corresponding sworn expert, and is obliged to inform the owner or his representative at the earliest possible convenience, asking for their advice or instructions. In case of a theft of the yacht itself or any part of its equipment, the party is obliged to report the event to the police. If the party does not fulfil the said formalities as required by the insurance company, a full compensation regarding the damage caused by the theft or the distress may be claimed. The same is valid in case of the vessel confiscation.
14. The fall out of the usage owing to a sudden onset of damage during the usage does not constitute the right to the claim regarding the return of the usage fee, partly or in full. In such a case it would be deemed necessary, that the party, in time, before sailing, gives for the insight, in the starting place, the navigation permit, passport copies, crew list etc. in order to have the voyage permit prepared. The shipowner and the mediator do not carry any responsibility if the said documents were not given over in time or if the party, owing to an insufficient information cannot sail or sails with a delay.
15. In case any smaller damage is detected, which does not hinder the leaving of the port, the party is obliged to inform thereon the port of departure and to return within at least 24 hours in order to enable the removal of the failure which may hinder the usage of the vessel for the following party.
16. Sub-renting and lending of the yacht is not allowed.
17. The Party is obliged to write the log-book, conscientiously.
18. In case any errors in calculation or writing hereof will be established (for instance, when calculating the charter price), the party and the owner have the right and the obligation to correct such an error in accordance with the valid tariff. This will be of no effect regarding the legal validity regarding the remaining part hereof.
19. The contractual parties agree thereon that the Croatian legislature is to be applied and the court authority is the thus authorized court in the seat of the charter firm.
20. In case some of the rules as stated herein will prove as ineffective or invalid, such a rule will be changed by a valid and effective one, with the contents as near to the purpose and sense of the invalid and ineffective one as possible. The remaining rules will stay effective. Oral agreements are not considered as valid. The changes of this contract must be in writing and will be considered as valid only after certified by the owner in writing.

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