1.
PAYMENT Charterer is obliged to effect
payment of 30% of the total amount within 7 days after
signing the Contract, while the balance has to be paid
5 weeks prior to the charter period. The payments can
be effected in cash, by check or by bank transfer.
Supporting Visa and Mastercard credit cards:
2. CHARTER FEE
Charter fee covers the use of vessel. The vessel is
handed over to the Charterer with full water and fuel
tanks, seaworthy and clean, and it should be returned
in the same condition.
3. TRANSFER
Lessor is obliged to deliver vessel seaworthy. If Lessor
fails to make vessel available to Charterer at the agreed
time and place (regardless of reason), Charterer may
request reimbursement for days he did not have the vessel
at his disposal. If lessor is unable to deliver within
24 hours after the dead line or make available other
vessel of similar or better characteristics, Charterer
may withdraw from the contract and claim reimbursement
for as many daily rent charges as the vessel was unavailable.
There are no other compensation rights. Chartered is
obliged to check whether the vessel is seaworthy and
whether all equipment items as per checklist are on
the vessel. All shortages, defects of vessel or equipment
unnoticed at delivery give no right to Charterer to
reduce the original charter fee. Charterer is obliged
to hand over the vessel to Lessor at agreed time and
place. If Charterer fails to return the vessel on time
and place set, he makes a commitment to pay the Lessor
the triple daily rent charge plus Lessor’s loss
and expenses resulting by there delay. The delay is
justified in case of force mayor only and in that case
Charterer is obliged to inform Lessor immediately.
4. DEPOSIT
Before taking over the vessel, the Charterer leaves
the deposit by the check-in & check-out office:
In cash EURO 220- / non refundable (not covering the
yacht inventory) - or refundable EURO 1.000. (1500 €
for boats over 49 feet) -, in cash, Travelers Checks,
Euro checks (the whole amount on 1 check accepted),
or Credit cards (Diners, Visa, American, Master). The
refundable deposit is fully reimbursed if the vessel
is returned to Lessor at the agreed time place, and
undamaged.
5. INSURANCE
The vessel is mandatory insured for all damages done
to third parties. Vessel’s Full Insurance Policy
covers (with deductible) EURO 1.000.- of all damages
except those resulting from force mayor. Damages covered
by insurance, which are not immediately reported to
the closest Harbor Master and Lessor, will not be acknowledged
in terms of insurance policy, and from those, eventual
damages are becoming full responsibility of the Charterer.
6. CHARTERER’S
RESPONSIBILITIES For Charterer’s
acts and/or neglect for which the Lessor is responsible
to a third party, Charterer will cover all expenses
to Lessor for material and legal costs resulting from
such acts and/or neglect. Charterer is particularly
responsible in case officials on the basis of illegal
action size the vessel. In case of average and accident
Charterer will record course of events and request the
necessary written certificate from Harbor Master, Charterer
will also immediately notify Lessor about such event.
In case of vessel seizure or prohibition of further
sailing by Government officials or other persons, Charterer
is obliged to immediately notify the authorized officials
and Lessor. The costs of damaged or lost items of vessel
or equipment are to be covered by Charterer; i. e. Lessor
will deduct the amount in question from the Deposit.
Charterer is obliged to check the oil in the engine
every day, damages resulting from the lack of oil in
the engine will also be covered by Charterer. Damage
of underwater part of vessel must be followed by vessel
inspection, Charterer being responsible for the expense.
7. CHARTERER’S
LIABILITIES Charterer is obliged to
sail within the Adriatic Sea. He makes commitment that
will neither sublet not lend the vessel to any other
person, that he will not take part in regattas, use
the vessel for any commercial purposes, and that will
sail under safe weather conditions. Charterer declares
that he possesses a valid navigation license or if otherwise,
that he will leave the conduct of the vessel to a crewmember
that has the license required.
8. CHARTER WITHDRAWAL
If fro any reason Charterer is unable to take over the
vessel, he may find another person who will enter the
contract in his place with Lessor’s prior consent.
If no replacement can be found, the Lessor shall retain
? 30% of charter fee for withdrawals up to two months
prior to charter commencement
? 100% of charter fee for withdrawals within one month
before the charter commencement
9. COMPLAINS
Only those complain that shall be submitted in writing
on the occasion of returning the vessel and signed by
the Lessor’s representative and Charterer personally,
shall be taken into consideration.
10. JURISDICTION
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 Trogir.
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