1. ADRIA CORAL CHARTER t.o. - COMITMENTS
Adria Coral Charter t.o. is a charter firm registered in Croatia for charter a boats, charter
managements and boat services. Adria Coral Charter t.o. possesses particular number of
boats, which are prominent in official catalogue.
Adria Coral Charter t.o. must give to agent all information’s, which could be helpful
in order to better presentation and booking boats from catalogue.
Adria Coral Charter t.o. takes care of boats condition and maintenance, of information authenticity from catalogue, refers to offer and guarantee quality preparation of boats.
2. AGENT COMITMENTS
Agent is obliged to present Adria Coral Charter t.o. boats as better as possible on his market, in order to realize better booking.
3. PAYMENT
Adria Coral Charter t.o. is obliged to approve to agent for every single paid invoice agency discount in amount of agreed prercentage, according to agreement. Agent is obliged to pay to Adria Coral Charter t.o. amount according to charter invoice.
4. CANCELLATION
If the customer, for any reason can not use the rental of the yacht, he is free to find another person that will take over his rights and obligations, but with the agreement of the owner. If the customer does not find a replacement the owner withholds:
-150 Euro for administration fees – non refundable
-50 % of the rental price for cancellation within 3 months prior to the rental date
-100 % of the rental price for cancellation within 2 months prior to the rental date
5. CHANGES AND ADDITIONS
Changes and additions are valid only in a written form with Adria Coral Charter t.o. and agents signature.
6. CONTRACT DURABILITY
Contract is deduce for period from agreed date until further notice. In a case that one side wants to break off the contract he has to inform the other side, at least 60 days before contract expiration.
7. INTRODUCTION
By paying for one of the programs with ACC t.o. you are entering into a binding contract. Every published in our programs is obligatory to us and you and forms legal obligation and constitutive part of the contract.
8. RESERVATION AND PAYMENT
You can reserve yacht by telephone, fax or e-mail .The rented yacht, with its complete equipment can be boarded only after the payment conditions ( 50% at reservation and the rest at latest 4 weeks before rental date) have been fulfilled. The customer must also send to agent a list of the names of crew members with their addresses 4 weeks before renting date and then agent have to send the same to ACC t.o. 10 days before charter starts.
9. RENTAL
The rental price includes the fee for rental of the yachts and laundry. The rental fees does not include fuel expenses and end cleaning fees. The yacht is handed over to customer in clean and good shape with all equipment for charter.
10. INSURANCE
To insure the yacht and her equipment against fire, marine and collision risks and third party damage and against any and all loss or damage in excess of 1.000 EUR for yachts till 40 ft. and 1.500 EUR for yachts 40 ft and more, the Charterer shall therefore be relived of any and all liability which is covered by the said Policy, provided that such loss or damage is not caused or contributed to by any act of gross negligence or willful default on his part. Should the Owner fail or elect not to effect such insurance he shall assume the same responsibilities as if the Yacht were so insured, but he shall not be under any liability for the loss or damage to the personal property of or for any injury to the Charterer or any person on board with his permission.
11. DELAYED DELIVERY
To employ every reasonable effort to ensure delivery of the Yacht on the date and the place as agreed if for any cause whatsoever the Yacht shall not be available, the Charterer shall have the right of choice of ones of following possibilities:
- provided that the following charter commitment of the Yacht allows it and that the Owner agrees, to prolong the period of charter by the same lenght of time by which delivery has been delayed.
- to leave the date of charter unchanged as agreed and to be refunded by Owner with an amount proportional to the time by which delivery was delayed at the rate corresponding to the total charter fees .
Only in case that check in time is late more then 18 ours, the Charterer has right to refund money for one day.
12. RETURN OF THE YACHT AND DELAYS
The Charterer agrees:
a) To redeliver the Yacht to the Owner, cleaned –up ,together with all her equipment ,in the same good condition as she was at take over, at the time as agreed, but unless the Yacht has become total loss, if he shall for any reason fail to deliver the Yacht at aforesaid date and time, to pay to the Owner demurrage at the rate of charter price per day of this Agreement increased by fifty percent (50%) for every day of fractional part of a day thereafter until delivery has been effected. If he leaves the Yacht at any place other than place designated in this Clause, to pay to the Owner all expenses involved in transferring the Yacht to the place of redelivery and pro-rata demurrage as above for the number of days required for this transfer, as well as for any loss or damage not covered by insurance policy, which may occur on or to the Yacht until she has been taken over again by the Owner.
b) To leave deposit and as guaranty with the Owner on taking over the Yacht the amount of 1.000 EUR for yacht until 40 ft and 1.500 EUR for yacht 40 ft and more to meet in whole or in part any claim by the Owner in respect of any loss or damage to the Yacht and / or her equipment not recoverable under the policy of insurance .The aforesaid deposit shall be refunded to the Charterer, subject to the provisions above, after inspection of the Yacht, her gear and her inventory by the Owner and diver.
c) Not to use the Yacht for racing or for towing other craft, except in an emergency, or generally for purpose other than that of private pleasure of the Charterer and his party which should include not less than 1 qualified skipper .Not to accommodate aboard any person other than those shown on the crew/passenger manifest nor to take the Yacht or permit her to be taken outside the area of the Croatian seas nor to sublet the Yacht without written consent of the Owner.
d) Not to allow any person on board to commit any act contrary to the customs laws of Croatia or of any country or contrary to the laws pertaining to fishing or under water fishing nor to seek and/ or take possession of objects of archeological nature or value and that in case of any such act is committed this Agreement shall thereupon terminate, but without prejudice to any rights of the Owner and that Charterer shall carry alone any resulting responsibilities and he shall answer alone to the appropriate Authorities.
e)To take every possible preventive measure and precaution to avoid to bring the Yacht in any condition in which the Yacht will need to be towed to any point by another vessel, but should such a necessity arise, inspite of the Charterer’s efforts to negotiate and agree with the captain of the other vessel on the price to be paid before allowing the yacht to be towed.
f) Not to leave a port or anchorage if the wind force is or is predicted to be over 23 knots, or if the harbor Authorities have imposed a prohibition of sailing or while the yacht has unrepaired damage or any of her vital parts such as engine, rig, bilge pump, anchoring gear, navigation lights, safety equipment, etc. are not in good working condition or without sufficient reserves of fuel or in general, when weather conditions or the state of the Yacht or its crew or a combination of them concerning the safety of the Yacht and her crew is doubtful.
g) When necessary to promptly reduce sails and not to allow the yacht to be found sailing under an amount of sails greater than the one insuring comfortable sailing without excessive strains and stresses on rigging and the sails, not to sail the Yacht in any area not sufficiently covered by the charts at his disposal or without having previosly studied the charts of the area and other printed aids on board thoroughly, not to sail the Yacht at night without all navigation lights functioning or without sufficient watch on deck.
h) To plan and to carry out the yacht’s itinerary in such a manner as to reach the port of CHECK OUT farthest away from the point at which the Yacht must be returned to the Owner (Turn-Around Point) and that two days prior to the termination of the charter the yacht’s port of CHECK OUT shall lie at a distance not greater than forty (40) N.M. from the point at which the Yacht is to be returned to the Owner.
i) To report by telephone or cable to the Owner at reasonable intervals the position and state of the yacht and of her passengers as well as in the event of any damage to the Yacht.
j) To study and acquire a working knowledge of any printed matter pertaining the proper handling of the yacht and to the conditions in the cruising area which may be made available to him by the Owner.
k) If the Charterer keep secret to owner any loss or damage which occurred during his charter time he must pay penalty of 500 EUR plus expenses of damage which has been made.
13. COMPLAINTS
The owner accepts only those complaints that are handed over in writing, on the day of returning the yacht and which are signed by owner and Charterer personally.
14. JURISDICTION
In case of misunderstanding or dispute, a gentleman’s agreement will be tried. If it is impossible to solve the problems in this way, the owners Country Court is competent.
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