The general terms and conditions of the chartering of vessels are regulating the relations between the company AVENTUR d.o.o, (hereinafter: the Owner) on the one hand and the tenant of the vessel (hereinafter: the Chartereer) on the other.
The Owners’s obligation is to ensure that the boat is in good condition, clean and tidy, ready to sail and fully equipped in the home port. Owner is obliged to provide the necessary skilled crew and captain in order to sail the boat safely.
The captain is solely responsible for the maritime safety of the boat and the persons aboard. Decisions regarding maritime issues may only be brought by the captain of the boat alone. All persons aboard shall follow the instructions of the captain and the crew. The captain and the crew may not be held responsible for any damages in persons and goods that arises from the ignorance of the above instructions by the persons aboard.
The captain of the boat has to take into consideration the Charterer’s request for the route and order of the day until it does not endanger the safe shipping.
The Charterer is obliged to pay a rent in croatian currency under the conditions defined by a special agreement between the Owner and the Charterer.
The charter fee includes: boat rental, all equipment on board, accomodation according to the agreement, full fuel tank at the check in.
The charter fee does not include: rezervation fee, fuel, security deposit and end cleaning.
4.a. The contract between the charter party and the Client enters into force, as the payment of the first instalment, i.e. 50 % of the charter price, is being received . Balance payment 50 % due two weeks before the commencement of the charter by latest. All payments must be received before the dead-lines indicated. If that does not happen, Owner shall have the right to re-sell the charter.
4.b. In the event of cancellation of the charter by the Charterer, for any reason, except as mentioned in Clause (7.c) , after signing this Agreement, all advance payments made up to the date of cancellation will be retained by the Owner, and the Owner reserves the right to refund the said deposits only if he succeeds in letting the yacht to another Charterer for the same period and under the same conditions. In the event that the Charterer should elect to terminate the charter and deliver the yacht prior to the date designated in this Agreement, the Owner shall not be liable to the return of any proportional part of hire money.
4.c. If Owner fails to provide the boat, the Owner is obliged to ensure a service equivalent or similar to those agreed in at clause 1. Should Owner fail to ensure such service, Owner shall be obliged to pay back 100% of the amount paid by Charterer.
4.d. Owner is entitled to cancel the charter agreement without any legal consequences, if the charter can not be accomplished because of vis maior (natural disaster, war, terrorism, epidemic). The Owner acts in good faith on behalf of both himself and Charterer but contract as Owner only and in no way incur any liability for any acts, matters or things done, committed, omitted or suffered by either party, except for the responsibilities provided by the pertinent legislation of Croatia.
Only those complaints that shall be submitted in writing on the occasion of returning the vessel for check in/out and signed by the Owners’s representative and charterer personally, shall be taken in consideration.
In case of disagreement or dispute, the attempt will be made to settle it peacefully by an agreement. If it cannot be resolved in the above manner, it will be subject of jurisdiction of the court in Split.