General conditions

Recital

By purchasing one of the programs offered by Nautical Booking Ltd (Operator) or Modro Plavo Ltd (Operator). you enter into a contractual relationship. Everything contained in our program shall represent a legal obligation found for you and makes an integral part of the Agreement.

Booking and payment

The Operator services can be booked by e-mail or phone. Reserved service can be used only after the total payment indicated on the official offer is paid in total. The Client shall provide the Operator with the crew list of all the crew members 4 weeks before service delivery.

Charter fee

The charter price includes the use of the service package and equipment according to the official offer. If the payments are not made by the due dates indicated in the official offer, the Operator reserves the right to cancel the contract/reservation and to charter the yacht to a third party. The announced prices are in Euro currency.

Charter Cancelation

In the event that the Client is not able to commence the charter due to any reason whatsoever, he/she shall find a person who will assume his/her rights and obligations with the Operator’s consent. Should the Client is not able to find a replacement, the Operator shall withhold the amount according to payment instructions due dates indicated in the official offer.

Deposit

The security deposit has to be deposited by the Client in cash or by credit card before delivering the service by the Operator. The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht, real estate, vehicle, equipment, or other property is found. 
In case of loss or damage, Operator shall retain a part or the whole deposit amount, which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part. In case the caused damage has the consequence that the yacht, real estate, vehicle, equipment or other property cannot be subsequently chartered, Operator has the right to retain the amount corresponding to the loss of profit.

Insurance

The insurance is determined by the conditions stipulated by the insurance company which the Operator has insured the yacht with. If the yacht, real estate, vehicle, equipment or other property is damaged, the Client shall bear the repair costs up to the deposit amount. Damages covered by insurance that are not immediately reported to the insurance company, will not be acknowledged as per the insurance policy. In this case the Client is personally responsible for total damages as a result of not reporting or late reporting of damages. In the case of gross negligence, all costs shall be paid by the Client. Furthermore, personal possessions and the passengers are not insured. We recommend that the Client insure all personal possessions and the crew on his own.

Yacht Delivery Procedure

The yacht delivery (Check-in) and redelivery (Check out) time and date is indicated in the official offer. Only yacht in good working order shall be delivered and they shall be returned in the same condition as first delivered. The Client will take over the yacht at the agreed time and place. When taking over the yacht, the Client is obliged to check the condition of the yacht and its equipment. Any possible objections have to be made until the start of navigation. Any possible covered defects on the yacht or its equipment, which couldn’t be known to the Operator at the moment of the takeover, as well as defects which could arise after the takeover, do not give right to the Client to reduce the charter fee. If the Client fails to take over the yacht within 48 hours, the Operator is authorised to give up the contract.

In the case of bareboat charter, the Operator reserves the right not to hand over the yacht if the Client is not competent for any reason to operate the yacht or to allocate a crew to the yacht and charge for it. The Client is obliged to return the yacht cleaned and tidied without the crew and their personal luggage at agreed destination at least until the time specified by the official offer. If late in returning the yacht, the Client undertakes that for any delay of up to three hours shall pay the amount of the daily accommodation service and for any delay over three hours he/she shall pay penalties triple daily accommodation service with the addition of expenses incurred for the Operator due to the delayed return of the yacht. The delay can be justified only in cases of force majeure which the Client shall immediately notify the Operator. Delays cannot be justified by bad weather conditions.

Operator’s Liabilities

The Operator shall deliver the yacht in good working condition and cleaned at the agreed destination and time.

In case of inability to deliver the booked yacht, the Operator may prepare the yacht with equivalent or better features at the rate agreed for the reserved yacht or, with the consent of the Client, offer a smaller yacht with refunding the difference in the charter price.

Should no corresponding yacht is offered to the Client within 24 hours, the Client has the right to give up the contract and demand the total amount of the charter fee for as many days as he did not have the yacht at his disposal. The Client could demand only the amount of the charter fee; any other rights to indemnification are excluded. In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption, the Client is obliged to inform the Operator immediately. The Operator is obliged to remove the damage upon notification.
If the Operator removes the damage within 24 (twenty-four) hours, the Client has no right to require any reimbursement. Breakdown that may occur while the yacht is in the Clients care, and which are not the result of normal wear and tear, shall be made at the Clients expense.

Client’s Obligations and Liabilities

The Clients are asked to use the yacht with due care and to obey all regulations. For bareboat charter, the Client shall have the appropriate navigation license. If the Operator came to the conclusion that the yacht master (skipper) is not capable and competent to operate the yacht, he/she will have the possibility to acquire the required competence by hiring a skipper or the base manager will assign a skipper for the whole agreed charter period with an additional charge to the Client. If the Client is not willing to be the yacht master (skipper), he/she shall appoint the skipper before the beginning of the charter. The Client shall be responsible for any consequence of allowing to unauthorised persons to operate the yacht. The Client undertakes neither to sub-charter the yacht nor to lend it to other person, nor use it for commercial purposes or for professional fishery.

He/she undertakes to sail at night only in safe weather conditions, not to sail out of the boundaries of the territorial waters of the Republic of Croatia and to respect the customs and other regulations. The Client undertakes to keep the logbook and carefully handle the yacht, inventory and equipment. The Client shall check daily the level of oil and water in the engine. Damages caused by lack of water and oil in the engines are not insured and the Client shall bear them at his/her own expense. In case of serious damages, and also in case of other yachts participating, such event shall be reported to the Port Authority and a write a report (signed by both parties) shall be prepared for insurance company. The Operator shall also be notified. If the Client fails to satisfy these obligations as instructed, he will be charged for damage incurred.

Reference Document

Official offer, Invoice and other reservation contracts presented for specific charter.

Validity

Every offer / confirmation / document, Operator send for a certain reservation had a validity of a contract and it is valid without signature and seal of the bidder.

Complaints

Only complaints submitted in writing at the time of returning the yacht, and signed personally by the Operator’s representative and the Client, shall be taken into consideration.

Jurisdiction

Any disagreement or dispute hereunder, which the Parties have not been able to settle amicably, shall be decided by the court having jurisdiction in the seat of the Operator.