GENERAL CONDITIONS IN CHARTER
- General Provisions
These terms and conditions are an integral part of the program to provide accommodation for that with IMMO DALMATIA, craft services, Podvrtaje 4.22 243 Murter, (hereinafter referred to as the Agency) Program Contractor (hereinafter: The end user). All the information and terms in the program and these General Terms are binding for both the Agency and the end user if the contract does not interlocked differently.
- The price of accommodation for
Accommodation Price includes the use of the fully equipped boat and insurance defined by the conditions established by the Insurance Company which issued the Insurance vessel. Accommodation Price does not cover costs of fuel and other supplies, fees for the crew and other additional services, marina costs and connection when using the Charterer.
- Inquiries and reservations
Inquiries and booking of accommodation can be done electronically, by mail or in person at the agency.
When booking, the passenger confirms that he is familiar with the General Terms of travel that was previously carefully studied, and that he fully accepts. In this way, everything stated in the agreement becomes a legal obligation to the traveler, and the agency. The Agency provides the contractor with the appropriate promotional materials or program either in printed or electronic form, presenting all relevant information regarding the trip, and provides or refers to the general conditions that are an integral part of this contract. The Traveller is obligated to provide any information required for the reservation. To make a reservation deposit is required depending on the payment method, while the balance must be paid no later than 7 days before arrival. All bank charges and other costs that are taken by the client.
Method of payment:
30% of the accommodation on the vessel upon approval
70% of the accommodation on board at least 7 days before the beginning of the service
- Obligations and responsibilities of the end-user, the Charterer
End User agrees to sail in Croatian territorial waters. Information about the agency End User will be provided prior to the accommodation on board, along with all other details concerning the vessel takeover. End User agrees not to provide accommodation services or lend the boat to any other person, that the boat in any competition, and will not use the boat for commercial purposes, for commercial fishing, sailing, etc., As well as to sail only weather conditions.
If the End User requires skipper services, the end user is obliged to inform the Agency, when confirming the reservation. In the case with on the charter does not want to use additional services of a skipper, the end user declares that has all permits necessary for the navigation of the vessel on which the service is provided accommodation, accordance with the laws of Croatia, failing which it will handle the boat crew member who possesses the required license for the navigation in accordance with regulations of the Republic of Croatia.
The lack of and / or damage to the vessel that the end user an accident or resulting from the negligence of the End User, the agency will try to remedy, ie compensate for the shortfall in the context of bail / bond. If the amount of damage and / or exceed the amount of the deposit, of the total amount of damages and / or lack of agency will compensate with an insurance company in which the ships Charter insured. In case the damage and / or shortage is caused by gross negligence End User or was caused intentionally, the end user is the Agency bears all possible costs and damages for which the Agency referred to in those arising.
The end user is required to check the oil level daily. The damage and losses due to lack of oil The End User. Damages of the hull caused by the negligence and mismanagement of the End User will be inspected and repaired at the expense of the End User.
Due to weather conditions the End User is obligated to vessels using sails to reef the sails and not allow the vessel to sail under load for the sail more than one ensuring comfortable sailing without excessive strain on ropes and canvas. End User agrees not to sail in areas insufficiently familiar with the charts which end user has or if he studied the charts of the area and other relevant materials at his disposal, and that will not sail at night.
End User agrees not to leave port or anchorage if the wind force or expected over 30 knots, or if the port authorities banned boating or until the damage is eliminated from any vital part of the vessel such as engine, sails, rigging, bilge pump , windlass, navigation lights, compass, safety equipment, etc., or if any of these devices is not in working condition. The end user will not leave port or anchorage without sufficient fuel supply and when weather conditions or the condition of the vessel or its crew is doubtful.
Keeping pets (dogs, cats, birds, etc.) On board is not allowed.
In the case of non-compliance with the aforementioned obligations The end user is personally responsible agency and assume all responsibility for any consequences. The end user is responsible for all violations of navigation and other regulations, even after the expiry of the period of use of the Charterer.
- Ship documents
The vessel is delivered with all valid documents needed for the use of the Charterer and the End User is obliged to keep the consumption of contracted services
- Checking in
The agency has an obligation to deliver the vessel at End User’s clean and tidy, ready to sail and fully equipped, with full water and fuel.
Before the beginning of the service, the End User is obliged to inspect the general condition of the boat and to verify the equipment and inventory list to the actual situation. All defects and shortcomings on the boat and equipment not revealed before the boat rental, do not entitle the end user reduce the price of the Charterer.
Prior to the rental End-user leaves the agency required to deposit cash in the amount of 1,000 euros. The deposit will be returned in full to end user if the boat is returned on time, tidy and undamaged with full fuel tanks.
- Extension of the accommodation service
If the end user wants to extend the period of the service on the charter, must be returned to the agreed upon final destination and to contact the Agency on time and to obtain written permission for the new time and place of return of the vessel.
- The right of the end user to change and cancel the accommodation for
Notice of cancellation or change, if it is possible, it must by the end user to be delivered to the agency in writing (e-mail). Under the change is the change the number or names of passengers or the date and / or end date of accommodation for at least 15 days before arrival. In the event that the arrival date, and if the end user cancels the confirmed reservation, the terms listed below cancellation policy. Change accommodation for any other changes within 15 days prior to the arrival date or during use of the cancellation.
For any confirmed the Charterer, the date of receipt of the written cancellation is used to calculate cancellation costs as follows:
If the End User cancels the use of accommodation for 15 days or more before the beginning of the service, the Agency returns Received nose bookings by 100%, and if the cancellation is done within 15 days before the beginning of the service, the Agency will retain the full amount paid reservation.
If for any reason, End User and his crew cancel the accommodation service on the vessel after the takeover, the Agency will retain the full cost of services and to charge End User for all costs related to the cancellation.
If End User requests for a change of reservation after the fixed confirmed, the change is only possible when the agency in which the vessel originally booked can offer an adequate replacement. In case when the agency in which the vessel was originally booked was not able to offer an adequate replacement, change of reservation is to be considered cancellation of the original booking and is subject to costs to Section 8 of the General Conditions of Service of the Charterer (right end user to change and cancel the service The Charterer)
About all damage done, regardless of the cause, the end user must immediately notify the agency which will inform the End User on how to rectify the works and / or replacement of equipment. Unauthorized repairs and equipment replacements will be performed at the expense of the End User.
- Liability agencies
If for any reason, the sole responsibility of the End User, the vessel can not be used, the Agency will be to insure a substitute vessel of similar or better quality for the same price as the vessel that was originally. If the Agency is not able to offer a suitable alternative end user can search for a money refund for the days when the vessel was unavailable. The end user is not entitled to any other compensation other than the above.
- Returning boats
The end user is obliged to return the vessel to the agency on the agreed upon time, clean and undamaged with full fuel tanks. Back to the agreed place (the marina is provided for the return of the vessel) in the evening of day before takeover of the yacht. Yacht check is carried out in the morning on the day provided for return of the vessel. If the end user does not return the boat to the agreed place on time, to pay triple daily price for each day of delay, with all the costs caused by the Agency subject delay. Delay can be justified in the case of force majeure only if the End User notify the agency. Costs for lost or damaged boat parts or equipment caused by negligence and careless operation by the end user and his crew, The End User and the agency will be deducted from the deposit End User.
In the event that the vessel is returned dirty and untidy, the agency will from the deposit required for cleaning. The Agency will also be billed additions of fuel in case the end user does not return the boat with full tanks.
The vessel, the equipment and the crew are the conditions stipulated by the insurance company which is the agency provided the vessel on which the service is provided accommodation. All damages and / or losses covered by insurance must be reported to the agency immediately after the occurrence. The damage covered by insurance which has not been reported to the representative of the agency, in accordance with the insurance policy, will not be recognized. In this case End User is solely responsible for any damage as a result of reporting or late reporting of damages. The sails are not insured in any case of damages costs borne by end users, unless the damage was due to normal wear and tear or if they are damaged due to breakage of the mast.
- Travel insurance
Tour prices do not include the “package” travel insurance: insurance against accidents and illness during the trip, damage or loss of luggage or health insurance. By signing the trip, which is an integral part of these conditions is considered that the End User and offered recommendations for additional insurance mentioned in the previous paragraph. In the event that the End User request additional insurance, arrangements can be made directly with an insurer or with the Agency, whereby the Agency acts only as an intermediary. We recommend that you read conditions of insurance before buying.
- Insurance in case of insolvency or bankruptcy of agencies
In accordance with the Law on Tourism, in the case of insolvency or bankruptcy of the Agency, the Traveler is already on the journey, as well as other persons that paid a deposit for travel should contact the Agency’s insurance.
- Loss of property
The end user is required to take care of their property. The Agency is not responsible for the loss and / or damage or the theft of the End User or third party’s property placed on the boat, vehicle or at the office of the Agency. By paying an appropriate amount of the reservation End User confirms the reservation and accepts the general conditions of the Charterer, and waives all compensation claims for such losses and / or damages by the Agency. Lost or stolen property is reported to the agency representative and the local police department.
- Protection of personal data
The end-user personal information is given voluntarily. Personal data end user is required for processing requested services. The same will be used for further communication. The Agency agrees not to personal information the end user out of the country or given to a third party except for the purpose of the requested service. The exception of passing on personal information to third parties refers to the contracting of insurance against the risk of cancellation and insurance against accidents and illness, insurance of lost luggage and health insurance during travel and stay abroad. If the end user insurance, the personal data will be forwarded to the insurance company. Personal information the end-user will be kept in the database in accordance with the decision of the Board of the collection, processing and storage of personal data. The end-user acceptance hereof agrees that his personal data may be used for promotional offers of the Agency.
- Complaints and appeals
The procedure for making a complaint is as follows:
The end user is obliged to day arrival at the service provider about the inadequate service and notify the Agency office. The end user is obliged to cooperate with the service provider and the agency in good faith in order to rectify the problem. If the End User does not accept the proposed solution which corresponds with the service, the agency is not required to accept any further complaints.
If even after on the spot intervention problem is not rectified, not later than 8 days after returning from vacation, the end user is required to send a written complaint along with supporting documents and photographs to support the complaint to the agency by e-mail at
immodalmatia.cro@gmail or post to the IMMO DALMATIA, Podvrtaje 4.22 243 Murter. Will be considered only complaints which were received in writing when returning the boat (check-out), co-signed by a representative of the agency.
Until a decision has, at most 14, or 28 days after the complaint, the End User waives the right of mediation by any other party, arbitration UHPA or other institutions, as well as providing information to the media. Also at this time the End User also agrees not to sue. The maximum amount of compensation per complaint may exceed the cost of services, and can not include services already provided or the total amount. This excludes the right to indemnification of damage.
The Agency can not be held responsible for weather conditions, sea temperature, or crowds, as well as similar situations and events that are unsatisfactory, and not directly related to the quality of the booked services.
The end user confirming the reservation and paying the advance or the total amount accepts the above conditions.
In the event of simultaneous offers, discounts can not be combined. Discounts do not apply to last minute offers.
- Court Jurisdiction
End User and the Agency will aim to settle possible law suits in the application of the agreement addressed, in case of a decision of the competent court in Sibenik, and the applicable law will be Croatian law.