CHARTERBEDINGUNGEN (Y202)

2016.

Article 1                     Reservation and charter of the accommodation;

1.         The accommodation capacity is considered to be reserved upon receipt of a written reservation confirmed by a payment amounting to fifty (50) percent of the contracted price of the service, not later than ten (10) days upon receipt of the written notice.

2.         The accommodation facility is chartered on the day of payment of the remaining part up to the amount of the contracted accommodation price, within a deadline not later than four (4) weeks prior to the commencement date of the chartered service.

3.         If the provisions of the Article 1, paragraph 1 are fulfilled, the General terms of accommodation and house rules on the accommodation facility are binding.

Article 2                     Accommodation includes;

1.         The chartered accommodation capacity includes accommodation on the accommodation facility during the chartered period with the corresponding equipment verified at embarking upon the facility.

2.         The service provider undertakes to prepare all beds in the chartered accommodation facility for a stay, and in case that the stay exceeds seven (7) days, also to provide extra bed linens.

3.         Depending upon the contract on accommodation charter, the accommodation may also include additional services and/or contents.

4.         The service provider undertakes to cover the berth expenses of the accommodation facility on the contracted date of commencement and of termination of the accommodation period at the agreed place and to cover the costs of an undersea vessel inspection during the accommodation check-out.

5.         The service provider shall not guarantee for the accommodation cosiness during adverse weather conditions and at all seaways.

6.         All service users undertake full responsibility for their health and wellbeing.

7.         The vessel is not adjusted to people with disability and those of poorer health conditions. By signing, the user undertakes the responsibility for being aware of the above mentioned non-adjustment of the vessel and of the physical barriers threatening him/her in aforementioned cases.

Article 3                     Expenses in the accommodation period;

1.         The service user undertakes to settle at his/her own expense all accommodation costs that are not included into the accommodation price.

2.         The service user shall be responsible to compensate the service provider for damages arising from improper handling of the equipment and/or non-compliance with the General terms of accommodation and house rules on the accommodation facility.

3.         The service user shall settle the levies to the benefit of the government budget, based on the Law on accommodation tax, before commencement of the contracted accommodation use.

4.         The service user shall assume the costs of a diver in circumstances arising from an unexpected termination of the accommodation.

Article 4                     Terms of payment;

The service user undertakes to make the payment in compliance with the Article 1, paragraphs 1 and 2 to the account mentioned on the received preliminary calculation.

Article 5                     Refundable safety deposit;

1.         The amount of the refundable safety deposit depends upon the vessel that provides accommodation.

2.         The acceptable means of payment of the refundable safety deposit are: cash and credit cards the service provider has got a valid contract with.

3.         The obligation to deposit monies in order to get back the refundable safety deposit applies to all service users, without regard to the service user, who has paid extra service of a sailor-engineer organized by the service provider.

4.         Disregard of any of the General terms of accommodation and house rules on the accommodation facility shall be the reason for reduction of the refundable amount or for keeping the deposit.

Article 6                     Terms of cancellation of the chartered accommodation capacity

1.         If the service user does not act according to the provisions of the Article 1, paragraph 1 of this document, the service provider may quit from providing the contracted service.

2.         If the conditions from the Article 1, paragraph 2 are fulfilled, the following terms of cancellation shall be applied;

1.         If unable to use the service, the service user is allowed to transfer his rights to others. The new user of the accommodation right must contact the service provider at the latest one week prior to the commencement day of the contracted accommodation period.

2.         If the service user is forced to quit from using the service up to sixty-two (62) days prior to the service commencement day, the service provider reserves the right to charge the cancellation costs in the amount of thirty (30) percent of the contracted accommodation price, and if the service is cancelled in the period between sixty-two (62) to thirty-one (31) days prior to the accommodation commencement day, the cancellation costs amount to fifty (50) percent of the contracted accommodation price. The costs of cancelling the service within the period of thirty-one (31) days to the service commencement day amount to one hundred (100) percent of the contracted accommodation price.

3.         If the service user proves with relevant documents that his cancellation of the accommodation services is conditioned by force majeure resembling but not limited to: death of a member of immediate family, an accident of a member of the crew resulting in a handicap for a definite or an indefinite period of time, inability to arrive due to a mass strike of transport workers, war, the service user exercises the right to transfer the period of the accommodation service to the next calendar year and to approximately the same period on the same accommodation facility or one of approximately the same characteristics.

4.         The service provider reserves the right to cancel the service in the period within fifteen (15) days prior to the commencement day of the accommodation service. In such cases the service provider undertakes to compensate to the service user the full amount of the contracted price for the cancelled vessel charter.

Article 7                     Insurance of the vessel;

1.         The vessel providing accommodation is insured with a hull insurance policy including franchise.

2.         The service user covers the amount of franchise insurance.

3.         The incurred damages, if not properly reported and/or intentionally concealed by the service user will be charged to the account of the service user, disregarding the fact that damages are regulated by the insurance policy.

Article 8                     Terms of delivery of the accommodation facility;

1.         The service provider undertakes to deliver the contracted accommodation facility to the agreed place, in the agreed time and afloat in compliance with the regulations of the Republic of Croatia.

2.         The service user has the right to cancel the contract and claim the contracted amount for the service, in case that the service provider does not provide accommodation on the contracted accommodation facility, or on one of similar characteristics, within twenty-four (24) hours. In case of force majeure this paragraph does not apply.

3.         If the service user does not refer to the Article 8, paragraph 2 of this document, although all conditions for its application are fulfilled, the service provider undertakes to reimburse the service user for the contracted accommodation fee in proportion with the time period he/she failed to use the service.

4.         The service user is obliged to check cleanliness, proper technical functioning of the instruments and the inventory at embarking upon the accommodation facility.

5.         Each shortcoming or divergence from the specified standards must be reported before leaving the home port where the accommodation service is provided.

6.         Shortcomings not reported in time will not be taken into consideration if complaints are made.

Article 9                     Terms of re-delivery of the accommodation facility;

1.         The service user undertakes to deliver the accommodation facility in the same condition as received, on the agreed day, at the agreed hour and place.

2.         In case of delays in delivery of the accommodation facility the following compensatory provisions shall apply:

1.         For delays of less than three (3) hours the penalty compensation in the amount of a one-day accommodation on the found accommodation facility shall be charged.

2.         For delays of more than three (3) hours the penalty compensation equalling a three-day accommodation on the found accommodation facility as well as all possible consequential costs shall be charged.

3.         The service user is obliged to take account of the weather conditions and to plan a timely return accordingly.

4.         The service user is given the opportunity to deliver the accommodation facility prior to the scheduled time (extraordinary delivery). In case of such delivery the service user is not entitled to a compensation for the non-used accommodation period. At extraordinary delivery the user is obliged to return the vessel to the agreed place by daylight. The extraordinary delivery must be announced at least six (6) hours in advance. At extraordinary delivery the Article 3, paragraph 4 of this document shall apply.

Article 10                     Liability of the service user;

1.         In case of non-compliance with any of the terms of this document the service user assumes full material and penal responsibility for the events and acts during the contracted accommodation period, disregarding the fact that they are regulated by this document.

2.         The service user undertakes to: keep a ship’s log with accurate data and chronology; take care of the vessel’s inventory he/she is located on; use the said vessel in compliance with the regulations; perform daily check-up of oil and refrigerant levels in the engine.

3.         The service user confirms that he/she or one of the crew members possesses the corresponding nautical licence as the precondition for using the accommodation facility.

4.         The service user bears full legal and material responsibility in case of confiscation of the vessel by the authorities due to suspected illegal activities.

5.         In cases of accidents or damages, the service user is obliged to inform the port authority about it and issue a written statement with a comprehensive and true report on the event, as well as to obtain all the necessary official documentation and to notify the service provider within the shortest possible time.

6.         The service user undertakes to inform the service provider and all authorized bodies, as circumstances require, about all extraordinary situations, resembling but not limited to; theft, inability to control the vessel, confiscation, prohibition by home and foreign authorities.

7.         The service user obliges to compensate the service provider in case of damages incurred to the accommodation facility to its full and/or a part of its inventory, and/or loss of the said inventory due to negligence, improper handling, unexplained circumstances and/or responsibility for the damaging event.

8.         If children are on board of the vessel, the service user bears full responsibility for their safety. The service provider shall not be responsible for children’s behaviour and accidents and/or damages resulting thereof.

9.         If animals are on board, the service user bears full responsibility for their safety. The service provider shall not be responsible for their behaviour and accidents and/or damages resulting thereof.

10.       The service user undertakes to observe all maritime regulations and laws of the country, whose territorial waters it sails through.

Article 11                      Restrictions of use of the accommodation facility;

1.         The service user shall observe the following restrictions of use of the accommodation facility; sail only under favourable weather conditions, do not leave the safe harbour or anchorage, if the wind strength equals or exceeds seven (7) according to the Beaufort scale (thirty (30) knots), or in cases when the maritime and port authorities forbid leaving the port, use the sails under conditions that do not cause their strain.  The user shall leave the safe harbour or anchorage only if the vessel is in proper working order and the crew capable of sailing according to the laws of the country they are presently located in.

2.         The use of the accommodation facility is restricted to the territorial waters of the Republic of Croatia, if not stipulated differently by the contract on accommodation charter. In all other cases, unauthorized abandoning of the area of use will be treated as theft and processed consequently.

3.         The service user is forbidden to sail in the areas he/she does not have the charts for or the charts he/she possesses are inaccurate for.

4.         The use of the accommodation capacity for commercial purposes, participation in regattas or catching fish is forbidden.

5.         The service user may sail at night only if it is necessary and if weather conditions allow it.

Article 12                      Improper functioning of the accommodation facility;

In case that, upon the takeover to the service user, the accommodation facility is found completely non-operational for further use, and the period of malfunction is not shorter than twenty-four (24) hours (continuous) of duration of the contracted accommodation period, and in case that the malfunction is not due to the accommodation user’s error, the service user is entitled to a compensation for the time period of non-use, from the moment when the malfunction was detected to the moment when the accommodation facility is again functioning. If both parties agree, the compensation can be to extend the accommodation for the period when the accommodation facility was not functioning.

Article 13   Reimbursement and complaints;

1.         The service provider will take into consideration all reimbursements and complains regarding shortcomings, products and/or services not provided, but ordered and paid for, only if they are reported in time and in compliance with the provisions of this document.

2.         The reimbursement claim must be delivered in writing and at the latest on the termination day of the accommodation period.

Article 14                   Competent court;

1.         General terms of accommodation and house rules on the accommodation facility are binding for all service users on the accommodation facilities in organization of YACHT202 d.o.o.

2.         The contractual parties shall try to resolve all disagreements amicably, and if this is not possible within a reasonable period, they will accept the arbitration of the court in the service provider’s place of registration.

Article 15                     Correspondence;

Each notice given or required to be given by any of the parties mentioned in this document, must be in written form and shall be considered valid and delivered if sent by prepaid mail, properly addressed (by electronic mail, mail and/or bona fide courier), successfully faxed.

Article 16                      Definition of force majeure;

Force majeure is interpreted as an event and/or circumstances that are sometimes beyond any possible control and/or influence of the service provider and/or service user, resembling but not limited to: natural disasters, strike, mutinies, blockades, economic and/or political instability, war.

Article 17                   Additional terms (if any)