Smart Sail d.o.o. Charter Terms and Conditions, version valid as of November 1, 2015
1) PRICE, BOOKING AND PAYMENT
The price for yacht charter (accommodation rate) includes according to the applicable Price list use, i.e. lease that is charter of chosen vessel and related equipment, such as bed linen, auxiliary rowboat, autopilot, GPS and other (if applicable for the chosen vessel), as well as usual services provided in the Charter base that is mooring expenses in the registry port, water, electricity and costs of inspection of the vessel. The price for yacht charter does not include cost of car parking, fuel, marina and mooring expenses in ports outside the registry port, port taxes, obligatory charter pack, insurance for charter cancellation, as well as any other fees and expenses.
The yacht charter reservation is made by the Client, only if confirmed in writing (e-mail confirmation or internet booking confirmation is also valid) and if the payment of the first 50% of the price for yacht charter is made by the client in the period of 7 days after the booking is made.
The remaining 50% of the price for yacht charter must be paid by the Client not later than 4 weeks before the start of the charter.
Start of charter is possible only after the price for yacht charter is fully paid.
If the client fails to make the payment of the first 50% of the price for yacht charter until the due date the yacht charter shall not be confirmed by the Smart Sail d.o.o. and Smart Sail d.o.o. is authorized to seek for the new Client.
By making the request for the yacht charter reservation, the Client agrees to these General terms and Conditions and to the features (size, equipment, etc.) of the chosen vessel as well as to the Price list and all costs connected to the charter.
Additional services if any, shall be charged according to the applicable Price list published at www.smartsail.hr (e.g. transfers from the airport, spinnaker, gennaker, one-way fee, skippers, voluntary food or beverage charter pack, insurance, etc.) and must be confirmed in writing (e-mail confirmation with receipt of delivery or internet booking confirmation is also valid) and paid by the Client not later than 7 days before start of the charter.
Should the Client request from Smart Sail d.o.o. a skipper and/or a hostess, this should be specified when the request for the yacht charter reservation has been made by the Client but in any case not later than 7 days before start of the charter.
The navigation licence and other mandatory certificates (if any) must be presented to Smart Sail d.o.o. at latest before the start of the charter. The signed and completed crew list will be required not later than one week before the start of the charter. It is convenient to provide Smart Sail d.o.o. with notice on the hour of arrival and the flight number should the Client arrive by plane in advance.
Tourist tax per person/per day specified in the Price list must be paid in cash after the confirmation of the Crew list in the Charter base before the start of the charter.
2) YACHT CHARTER CANCELLATION
If the Client intends to cancel the yacht charter reservation for any reason whatsoever, the Client shall be obliged to notify Smart Sail d.o.o. thereof in writing, and shall be charged as follows:
– up to 50% of the full price for the yacht charter if the cancellation has been made up to 30 calendar days prior to the start of the charter;
– up to 100% of the full price for the yacht charter if the cancellation has been made less than 30 calendar days prior to the start of the charter,
The date of Smart Sail d.o.o. receipt of the Client’s cancellation notice in writing (e-mail confirmation with receipt of delivery or internet cancellation confirmation is also valid) shall be the basis for the settlement of the stated cancellation charges.
Should the cancellation be caused by the Force Majeure or any objective reasons whatsoever (serious damage of the vessel during prior charter or similar), the Client shall be reimbursed:
– first as soon as possible by compensation vessel with the same or similar features and equipment, or if not possible
– return of all monies paid by the Client to Smart Sail d.o.o..
In the event of damage or loss of any part of the vessel which is not essential for the navigation safety the Client shall not be entitled to cancellation of the charter or any reduction of the paid price for yacht charter.
If the charter period shall be cut short due to the breakdown or damage of the vessel before the starting date of the charter the Client shall be entitled to proportional reduction of the price for yacht charter.
3) DEPOSIT, INSPECTION AND INSURANCE
All Smart Sail d.o.o. vessels are covered with Kasko deductible franchises in value of the deposit in the amount according to the Price List. The insurance policy covers Compulsory Passenger Insurance and Compulsory Third Party Insurance. Personal property of passengers or charter cancellation is not covered with insurance obtained by Smart Sail d.o.o.. Any damage incurred due to gross negligence or with the plain intention by the Client, shall not be the subject to insurance compensation.
A) DEPOSIT AND INSPECTION – Before the start of the charter, the Client must pay the security deposit. After the end of the charter, the security deposit shall be returned to the Client in full, unless any damage on the vessel or damage or loss of any item of the vessel equipment has been established by the Smart Sail d.o.o.. If the damage is established by Smart Sail d.o.o., the deposit shall be kept in the equivalent value of the repair costs or the purchase value of the damaged and/or lost equipment. The Client is entitled (but not obligated) to attend to the Smart Sail d.o.o. inspection of the vessel which may be made by the Smart Sail d.o.o. during and/or at the end of the charter. If a skipper is engaged on request of the Client, the Client will be required to pay the security deposit. In that case, the paid deposit cannot be used to cover any damage incurred due to the skipper’s negligence and poor navigation of the vessel and equipment.
If the vessel shall be used by the Client at regattas, the security deposit should be made in double amount specified for the vessel in the Price list.
B) Should the Client wish to undertake sailing out of the territorial waters of the Republic of Croatia, he shall be required to inform Smart Sail d.o.o. thereof as soon as possible. The Client shall be charged for the all additional costs and expenditures. The information about the sailing out of the boundaries of the territorial waters of the Republic of Croatia is to be confirmed in writing timely, but not later than 45 days prior to the star of the charter.
C) SEA DAMAGE AND DEFECT – If during the charter any damage or defect has been incurred to the vessel and/or the related equipment due to normal wear and tear, the Client shall be entitled and obliged to secure and/or perform all actions related to repair up to the value of EUR 100.00, which shall be reimbursed to the Client after return of the vessel to the Charter base and upon presentation of related invoices and payment confirmations. If the defect or damage cannot be repaired during the charter route and requires returning of the vessel to the base, early return shall be organized so that the vessel can be repaired and timely prepared for the next charter. The Client shall be entitled to the proportional reimbursement to the number of lost charter days if the defect or cause of damage has been incurred due to the fault of Smart Sail d.o.o.. Otherwise, the Client shall not receive any compensation of costs thereof and shall be required to compensate Smart Sail d.o.o. for any damage, such as additional costs related to finding of a substitute vessel. In the event of major damage and defect, loss of the vessel, injured persons, or similar occurrences the Client shall notify Smart Sail d.o.o. thereof and shall strictly adhere the Smart Sail d.o.o. instructions. The damage that has not been reported shall be considered as caused fully by the Client and therefore, in any event fully payable by the Client.
4) VESSEL DELIVERY PROCEDURE (CHECK-IN)
The Client must take over the vessel on Saturday from 5 PM.
The Client shall present verified original voucher with all Client’s data and the charter period along with the original navigation license and other mandatory certificates (if any) to the representative of Smart Sail d.o.o. The vessel shall be delivered with full fuel and water tanks and it is expected to be returned in the same condition. During the vessel delivery procedure, the Client may inspect the inventory along with the representative of Smart Sail d.o.o. and must confirm the condition of the vessel with signed minutes of delivery. The same procedure shall be referred to all related equipment. Any subsequent complaints shall not be accepted. Any possible defects or deficiencies of the vessel and/or of the equipment, which could not have been established by Smart Sail d.o.o. during the takeover of the vessel, shall not entitle the Client to claim any reduction of the price for the yacht charter. Smart Sail d.o.o. may request from the Client to demonstrate by navigating the vessel his/her competency to sail the yacht in presence of Smart Sail d.o.o. representatives. The costs associated therewith shall be borne by the Client and the testing time shall be included in the charter period. If, after inspection, Smart Sail d.o.o. is of the opinion that the Client is not, or may not be competent to be in charge of the vessel, an official skipper shall be engaged and the Client will be charged for his services according to the Price List. Should the Client refuse to accept the designated skipper, he shall be prohibited to leave the port, the Agreement shall be terminated and the paid price for yacht charter shall be kept by Smart Sail d.o.o..
5) RETURN OF THE VESSEL (CHECK-OUT)
Return of the vessel takes place on Saturday not later than 9 AM. In the event of racing regatta charter, the return shall take place not later than on Friday at 6 PM.
At the time of return of the vessel, the items of the inventory list must be checked the vessel must be clean and in good condition, the fuel tank must be full and the septic tank must be empty. The Client must present Smart Sail d.o.o. with the invoice for the last tank filling service.
If the fuel tank is not full, the Client shall be charged for the missing fuel and for the tank filling service as well as for all damage, if any. If Smart Sail d.o.o. does not establish any damage, the security deposit shall be returned to the Client. Smart Sail d.o.o. is entitled to claim damage compensation from the Client even if, i.e. after the deposit is returned to the Client.
If the vessel is not returned to the agreed destination port, the Client shall pay all costs for the vessel transfer to the destination port and the penalty, as prescribed in the Price list, for any delay that may have been incurred.
Any delayed return of the vessel due to weather conditions shall not be acknowledged by Smart Sail d.o.o. and shall be subject to additional charges. Therefore, during the last 24 hours of the charter it is necessary to keep the vessel at an adequate distance to the charter base. Any delay in return of the vessel longer than 1 hour shall be charged at the double rate of the daily accommodation service as well as any costs and damages resulting from the inability to deliver the vessel on time to the next Client.
The Client wishing for any reason whatsoever to extend the stay onboard must notify Smart Sail d.o.o. thereof in order to check out the further availability of the vessel for accommodation and to obtain the necessary documentation (charges for additional days, crew list extensions, registration of foreign nationals at the Police Dept., Tourist Board, etc.).
6) LIABILITY OF CLIENT
The Client undertakes:
– to be capable and competent to sail the vessel. Otherwise, the Client shall be obliged to accept a skipper provided by Smart Sail d.o.o. according to the Price List and these Terms and conditions
– to have all original navigation licenses
– not to surrender the vessel to the Third Party at any time and any circumstances
– not to transfer with the vessel persons or goods for commercial purposes
– not to accept more passengers onboard of the vessel than it is specified in the Crewlist and/or the related vessel’s specifications
– to be jointly liable with all crew members
– to keep the Crewlist and the residence registration certificate along with the vessel’s documentation for the duration of the charter period
– to notify Smart Sail d.o.o. of any changes relating to the number of crew members or passengers made during the accommodation service period
– to comply with the law of the host country;
– not to participate in competitions and racing regattas without the prior written consent by Smart Sail d.o.o.
– not to operate the vessel under the influence of alcohol or drugs or if ill or in any other way for which he is incapable to operate the vessel.
– to immediately inform representatives of Smart Sail d.o.o. following their instructions in the event of sea damage or any breakdown
– to follow the engine usage regulations during the charter
– to contract the rescue fee before accepting the assistance if any towing services are necessary
– to take all the preventive measures to keep the vessel in the same condition as at the start of charter and to avoid any towing situations
– not to leave the port if the expected wind power is greater than 25 knots or the port authorities have already issued a prohibition for leaving of the port or in conditions in which he is not capable to operate with the vessel in a safe way
– to plan carefully the navigation route so that 2 days before returning to the Charter base the vessel shall have been located at the approximate distance of 40 NM from the said port
– to notify Smart Sail d.o.o. in case of rough weather conditions (gale-force wind) of the exact location
– to receive any needed assistance or to avoid unnecessary and costly vessel search operations
– not to engage in fishing and submarine activities without valid licenses
– depending on weather conditions to avoid unnecessary strain on masts, sails and ropes
– not to embark any pets (dogs, cats, birds, etc.) without the prior written consent and additional charges according to the Price list by Smart Sail d.o.o.
– to empty septic tanks at the open sea, i.e. on the minimum distance of 1 NM from the nearest land;
– not to use the vessel in any way which could result in criminal or misdemeanour liability or in any other way which could cause any damage to the Smart Sail d.o.o. and/or related persons
7) LIABILITY OF SMART SAIL d.o.o.
The chosen and paid vessel shall be delivered to the Client in good working order, cleaned and with full fuel and water tanks, subject to other provisions of these Terms and Conditions.
Any liability of Smart Sail d.o.o. in excess of the charter rate paid by the Client to the Smart Sail d.o.o. is excluded.
Smart Sail d.o.o. shall not be liable for any delay incurred due to the Force Majeure or rough weather conditions, (wind above 27 knots), The Charterer undertakes and states that he shall not sub charter the yacht or rent it to a third party, that he shall not participate in regattas or yacht races, that he shall not use the yacht in commercial purposes and professional or night sailing.
The Client shall be entitled to file complaints only in writing, signed personally and to a representative of Smart Sail d.o.o. on the final date of the Client’s charter. The Client may claim for compensation at the time of check-out only with a complaint in writing and appertaining documentation signed by the Client and a representative of Smart Sail d.o.o..
If complaints and requests of the Client cannot be solved at the time of check-out, the complaints and requests are to be submitted in writing within the period of 14 days. Otherwise, the complaints and requests shall not be taken into consideration.
Any dispute hereunder, which the Parties have not been able to settle amicably, shall be decided in accordance with Croatian Law. The court of jurisdiction is the court in Split.