CONDITIONS OF BOAT RENTAL IN CROATIA WITH CROATIA YACHT CLUB
The following conditions govern the contractual relationship between Croatia Yacht Club AB (hereinafter "CYC"), and the person responsible for the booking at Boat rental in Croatia. This conditions applies from 26th of september 2014.
1 Preliminary provisions
1.1. Booking a rental boat is considered a group booking, which means the person responsible for the booking is the one who is in contact with CYC. The person in charge of the booking is also responsible for payments, that all information will be passed on to the rest of the crew, and that qualifications for renting the boat should be in its original. The person responsible for the booking is also to notify CYC a correct e-mail address, and if there are any changes in the contact information. Payment shall be made by the person responsible for the booking or by someone in the crew, but on the person responsible for the booking responsibility.
1.2 Payment and booking
1.2.1. After the entry fee is being initiated, the reservation is binding and the entry fee must be fully paid within 7 days. The person responsible for the booking must immediately verify all information stated on the invoice and contact CYC without delay if there would be something wrong.
1.2.2. Within 7 days from the booking has been confirmed by CYC, a registration fee must be paid, the final payment must be made to CYC no later than 40 days before departure.
1.3 The person responsible for the booking general obligations
1.3.1. The person responsible for the booking is responsible that he/she holds a full and valid passport and other documents necessary for the boat hire. (With support of 1.3.3.) The person responsible for the booking have to send the crew list to CYC at least 7 days before arrival. The crew list will be send to the person in charge of the booking 4 weeks before departure, and then reminders will be send by CYC to the person in charge of the booking, and if the person then does not send the crew list there will be a booking fine of 20€ since CYC will need to put in extra work at the check-in of the boat. The crew list shall contain the name and surname, email address, date of birth and passport number for the entire crew. It should also indicate who is skipper (see paragraph 1.3.3. Below).
1.3.2. The person responsible for the booking need to know that the boat is only for private use, and that boat and equipment should be treated with care and:
The person responsible for the booking promises to only use the boat for private use, and handling the boat and equipment with care and:
- Do not leave the boat in third party care,
- Do not transport persons or objects for a fee,
- Do not take on board more people than what is stated in the crew list
- Do not take on board any undeclared goods
- To declare imported and exported goods in accordance with the applicable rules where the person responsible for the booking whereabouts, (is located)
- Compliance with laws and regulations of the country the person responsible for the booking whereabouts, (is located)
- Do not participate in contests or regattas with the boat,
- At salvage, look at the salvage contract before accepting help from others.
- At salvage make a contract with the salvage before accepting help.
while signing the agreement with CYC.
If the person responsible for the booking not follow these rules then the person in charged is fully responsible for the consequences, and CYC will be held harmless.
1.3.3. To get the boat rental in Croatia you will need a valid proof of knowledge of the driver's certificate, possibly coastal skipper, and VHF Certificate in English for at least one person on board. Only the person those qualifications should be the boat's skipper. The certificates must be carried at all times during the trip in its original. CYC assumes no financial responsibility if the certificate is missing or invalid. CYC follows navigation regulations regarding nautical competence. Please check with your nautical authorities if you are unsure if your certificate or license is valid. Skippers can be rented if you are lacking the adequate nautical competence.
1.3.4. The boat is available from 5 p.m on arrival day., until 09:00 a.m on the day of departure. The boat should be back at the base no later than 6.00 pm on the day before check-out. Staying overnight on board of the boat until Saturday morning is included in the boat rental. The boat should be emptied no later than 09:00 a.m on Saturday morning. Inspections are carried out according to the same procedure as at check-in. Any damage will be inspected, evaluated and addressed.
If the boat not is returned in time, regardless of weather conditions the person responsible for the booking must pay double the rent fee for the time delay per day. In addition, the person responsible for the booking must replace CYC for costs imposed on CYC if the next guest cancel their boat hire. Would the person that rented the boat for some reason attributable to CYC, which will end their journey in other harbor than the agreed port lessee says, then the CYC shall be notified immediately. If the person who is responsible for the boat leave it somewhere else, then he/she must hand it over to another crew member with certificate and knowledge, in accordance with paragraph 1.3.3 above, until CYC has the opportunity to take over the boat. The boat is returned after it has been inspected by CYC or his/her delegate. The person that is responsible for the booking is liable to pay costs that may arise in the aforementioned situation.
1.3.5. Before the person responsible for the booking can get access to the boat he/she and the skipper must sign a contract with the CYC staff who is making the check-in, and must carefully review the boat, the equipment, and tune the equipment to an inventory list. If the person responsible for the booking finds no flaws in the boat or equipment the person responsible for the booking shall by signature approve the inventory list. The documents are signed, and the boat's liability assumed by the skipper. If the guest can not leave the base or home port, then CYC has the right to make repairs or additions without compensating the guest of lost sailing time. Subsequent complaints regarding the boat or equipment may then not be relied to a greater extent than is provided below. The same applies to the boat's electrical equipment and instruments.
1.3.6. At the check-out, the boat should be in a condition to be checked, which means that the boat shall be good condition both on the inside, but also on the outside. This means that the boat must be empty on both garbage and belongings. Its also very important that the equipment on the boat its in its right place, and that the dishes is taken care of. When it is time for check-out of the boat it should be in good condition. If not, there will be a fine of 50€/hour for the extra work CYC staff needs to take care of.
The boat must be returned with a full tank. Lost, damaged or unusable equipment must be reported to the person in charge of the place upon return.
If the tank is not full, the person responsible for the booking must replace CYC with the refueling cost + 100€. If the boat is returned in an unacceptably dirty condition is an additional cleaning fee of 300€.
1.3.7. Before the person responsible for the booking gets access to the boat, a deposit will be paid. The amount is shown on the booking confirmation and/or invoice. The deposit can be paid in cash or with a Visa, MasterCard or American Express card. The deposit will be returned after inspection of the boat, the equipment, and the inventory after a inspection is done on site by the boat owner. The deposit will be returned after the inspection is done, if the boat owner does not find any flaws or injuries on the boat, but if equipment is missing or damages on the boat have occurred then the deposit will be contained, fully or partially, depending on the severity of the injuries, until the final cost has been determined assuming that the immediate solution is not possible. Repair and replacements costs is then deducted from the deposit.
The person responsible for the booking can sign a deposit insurance.
The boat is fully insured if a deposit insurance is signed. This means that a separate deposit insurance can be added to the booking before departure to Croatia. It protects the person responsible for the booking from losing their deposit at damage.The separate deposit insurance does not apply to gross negligence, or damage caused by the use of alcohol or drugs. The separate deposit insurance does not apply to loss of anchors, chains, dinghy or outboard engine. A deposit will still be required at check-in even if a separate deposit insurance has been added. Although CDW has been signed, the deposit is due at check-in. If injuries on the boat has occurred, a damage report must be sent to CYC no later than 14 days after check-out.
1.3.8. Should there be damage caused by normal weather conditions and normal use during the rental period the person responsible for the booking is responsible to sufficient and necessary repairs are taken care of as soon as possible. Repair costs will be reimbursed later by the boat owner upon presentation of a receipt. Replaced parts must be maintained.
1.3.9. For major injuries, any delays, loss of the boat, the inability to navigate the boat, if the boat is being seized of authority or third party must CYC and local representative be notified immediately. The person responsible for the booking must take the necessary measures to limit the damage and negative consequences (for example, economic losses) and document, monitor, and in agreement with the boat owner to spend money for potential repairs.
1.3.10. If the person responsible for the booking is partly or fully responsible for injuries or the circumstances described above or violate the terms of this agreement then the person responsible for the booking shall compensate CYC for expenses, potential losses and other direct or indirect damages caused by the person responsible for the bookings action. In case of personal injury or damage to the boat the person responsible for the booking must write a report and obtain report from a third party, such as harbor master, doctoral or inspector.
If damage can not be repaired during the trip, and the circumstances allow a return of the boat then the person responsible for the booking must return to home port before the lease period has expired, CYC have to be notified about the damages that have occurred, so that they can be able to repair the damages. If CYC as mentioned above shall pay the repair costs the portion of the rent amount corresponding to the remaining lease term will be returned.
1.3.11. Violation of any of the paragraphs of this Agreement the person responsible for the booking is required to compensate CYC for all the damages, and costs CYC suffer because of breach of contract. If CYC will be held responsible for any third party, due to the person responsible for the bookings behavior, must the person responsible for the booking replace CYC for expenses that he/she may suffer because of such conduct (behavior). If anything is lost or damage to the boat or equipment during the rental period should the person responsible for the booking bear costs for replacement or repairs, but if the damage is caused by normal wear and tear then no cost will be added. The person responsible for the booking is responsible for costs not covered by insurance and consequential costs, due to intentional or grossly negligent, acts included.
1.3.12. If damage is reported to late or incomplete, so that the insurance can not be reinforced by CYC then the person responsible for the booking fully responsible for the costs.
1.4. Price and contracted services
1.4.1. Information in brochures and catalogs, including the Internet, are included in the agreement. This information is mandatory for the organizers, except where express catalog, internet or brochure has reserved the right to make changes, and the passenger has been informed of such changes prior to the agreement. CYC has a dynamic pricing on its online booking that is adapted to supply and demand.
1.4.2 What is included in the price is the boat and its equipment, linen, all necessary permits, taxes, and a dinghy. The person responsible for the booking are entitled to necessary services in the home port, and normal wear and tear during the rental period are accepted.
1.4.3. CYC is responsible for the boat is insured in proportion to the deposit (see paragraph 1.3.7). The insurance covers damage by fire, marine and collision accidents, and third party. Insurance does not cover personal items
or other damage that any of the crew or other persons on board suffer. Check therefore your home insurance policy or take a separate travel insurance. The insurance does not cover damage caused by negligence or willful misconduct of the person responsible for the booking or any of the crew members.
1.4.4. The price must be stated in such a way that the entire rental fee is clearly stated. It shall cover all of the contract input services, and mandatory additions, taxes, and fees.
1.4.5. Any specific services/deliverables requests made by the person responsible for the booking is part of the contract only if they are explicitly confirmed by CYC.
1.4.6. The crew is obligated to cover the cost for food for skipper,hostess and chef during the trip.
1.5. Entering into the Agreement
1.5.1. The contract is binding on the parties, when CYC has made an confirmation in writing to the person responsible for the booking, and the person responsible for the booking has began to pay the entry fee. CYC will confirm the person responsible for the booking order without delay.
1.5.2. If the passenger at the notification received deferred entry fee it shall be stated on the booking confirmation, which states when the last payment is due. Registration is nevertheless legally binding to the traveler.
1.5.3. If nonpayment occurs according to the contract, CYC has the right to terminate the contract. Upon such termination, CYC is entitled to payment of the amount the person responsible for the booking would have paid if the person responsible for the booking had canceled the trip in accordance with the cancellation policy with the support of 3.1.
2. Amendment of the Agreement
2.1. Price Changes
2.1.1. If the price increase for CYC after the agreement under 1.4 above have become binding on the parties, CYC have the right to raise the fare for an amount equal to the cost increases if these are due to:
- Changes in taxes, duties, fees or charges for certain services.
- 2.1.2. Right to price increase as above exists only if the cost exceeds $ 100. (kr)
2.1.3. The price can not be increased during the last 20 days before the agreed day of arrival. CYC will as soon as possible, notify the person responsible for the booking of any price changes.
2.1.4. The tour price should be similarly reduced if the costs for CYC reduces earlier than 20 days before the agreed departure date, for the same reasons as stated above. A reduced cost of the price will occur only if the decrease of the reduction in costs exceeds10€ (100kr).
2.2.1 Changes since conclusion of agreements.
Traveler's requests for changes prior to departure. If changes concerns
reservations the CYC will charge an administrative fee from 30€.
2.2.2. CYC changes/cancellation prior to departure
184.108.40.206. Organizer changes/cancellation prior to departure.
The schedule is preliminary until 7 days before departure. If there are changes to the preliminary times the traveler will be notified as soon as possible. Changes in the time schedule is not eligible for a price reduction, compensation trip, damages or other compensation. Information about the cancellation of the trip will be submitted no later than 20 days before departure.
220.127.116.11. If CYC must cancel the boat hire, or if it can not be implemented as agreed, should the person responsible for the booking be informed of this as soon as possible.
18.104.22.168. This does not apply to amendments or changes, which can be considered of minor importance for the person responsible for the booking.
22.214.171.124. If the change means that the person responsible for the booking economic value of the trip becomes smaller, then the person responsible for the booking has the right for a price reduction.
126.96.36.199. Are they of CYC changes made in essential agreement, or reset the trip in without the person responsible for the booking have debt that purpose, he/she may cancel the contract, and get back the full amount that he/she has paid in the agreement.
188.8.131.52. The person responsible for the booking shall, within a reasonable time after receiving notice of change or that the trip has been set, notify CYC of their choice.
184.108.40.206. Minimum number of persons on sailing courses and cruise on the sailboat is 6 participants. Merger of sailing course, and cruise on the sailboat may occur when there is too few registered participants.
220.127.116.11. If changes to the contracted services according to 18.104.22.168 or 22.214.171.124 due to circumstances beyond the control of CYC, which he/she could not reasonably have foreseen when the contract was concluded and whose consequences he/she did not nor could not reasonably have avoided or overcome, have the person responsible for the booking no right to damages or other compensation. If the changes depends on the subcontractor that CYC has hired is CYC free from tort liability only if it is due to circumstances beyond the subcontractors control.
3. Termination of the agreement
3.1. The person responsible for the booking cancellation of boat hire - general agreements
3.1.1. If the person responsible for the booking can not rent the boat according to the agreements then the person responsible for the booking must immediately notify CYC. CYC is then entitled cancellation fee as below.
3.1.2. The person responsible for the booking cancellation must be made in the manner specified in the agreement. Unless otherwise indicated, cancellations must be in writing.
3.1.3. If the trip is canceled before 40 days prior to admission to the boat, the passenger must pay the entry fee.
3.1.4. If canceled 39-0 days before admission to the boat, the passenger must pay 100% of the price of the vessel.
3.1.5 If the boat is not available at the check-in day then CYC will provide an equal or better boat. If CYC would not be able to provide a better or similar boat when access, the person responsible for the booking are entitled to cancel the contract within 24 hours at a rental period of a maximum of 10 days, and within 36 hours at a rental period of at least 10 days. The lack time of the boat will be replaced in relation to the absence of rental time. If the customer does not cancel the boat, he is entitled to a refund of the rental fee for the period until the boat is available.
3.1.6. If parts of the equipment has been damaged or lost at the rental before the person responsible for the booking stay and CYC can not replace the equipment until after the end of the rental period, the customer is not entitled to cancel the boat or require replacement by CYC if the boat is seaworthy. A guarantee that the boat works perfectly can not be provided because wear, improper handling, and weather conditions can cause errors. Extra beds are not the same quality as regular beds. Extra beds stated in the marketing material with number of beds after the + sign. 8 + 2 + 2 means such as 8 regular beds and 4 extra beds. CYC are not responsible for any problems or inconvenience caused by the loss of electrical current caused by temporary faults on the base, authorities notification and the like.
3.2. The person responsible for the booking, and CYC right to cancel the contract due to force majeure
3.2.1. Both CYC and the person responsible for the booking have the right to cancel the contract if, after the agreement has become binding on the parties, in or near the boat's home port occurring natural disaster, act of war, general strike or other intervention events, which substantially affect the boat hire or the conditions at the destination at the time of the trip will be implemented. If the person responsible for the booking or CYC cancel the booking according to the contract under this provision, have the person responsible for the booking right to get back what he/she paid under the agreement. If CYC cancel the booking according to the contract under this provision, the person responsible for the booking is not entitled to damages.
3.2.2. The assessment of whether, an event should be regarded as such an event specified in 3.2.1, shall be made with regard to the official statements from the Swedish and international authorities. A dissuasion by the Foreign Office travel to the actual destination should be treated as an event.
3.2.3. The person responsible for the booking have no right to cancel pursuant to 3.2.1, if he/she where aware at the conclusion that such an intervention event, referred to in this paragraph, existed or whether the event was widely known.
3.2.4. If the person responsible for the booking not have the right to cancel the tour with the support of 3.2.1, but still cancel, the general cancellation policy of CYC with the support of 3.1 will apply.
4 Errors and omissions
4.1.1. In case of failure in the contracted services, the person responsible for the booking must immediately after he/she has noticed or should have noticed the error, call and complain to the phone number/call number that they received in order to provide these opportunities to rectify the fault, and compensation claims/compensation can be made later. Complaints must be taken place whenever possible in the boat's home port.
4.1.2. The person responsible for the booking will if possible, ensure that the complaint will be documented in writing by the organizer, or its subcontractor in place.
4.1.3. The traveler may not claim error, if a complaint is not made in accordance with what is said above.
4.1.4. Claim for compensation or reduction of the price must shortly after the trip is finished conveyed to CYC with the support of 4.2.1.
4.2. Rectification of errors
4.2.1. If CYC offers to remedy the defect, can the person responsible for the booking not demand a price reduction or terminate the contract, provided that the correction is in a timely manner and without additional cost or a significant disadvantage for the person responsible for the booking.
If the error significantly affects the sailing and can not be repaired, CYC will replace the boat with an equal substitute or better. By replacement boat CYC considering the price of replacement boat is heavier than the equipment details and model year. Together, CYC review what has not worked, and what has caused inconvenience to find a reasonable solution by agreement.
Refund does not include minor errors that do not affect the sailing. If the traveler would not be satisfied with the actions taken, a written notification in English must be left at check out to representative/boatman. Complaints must be given to CYC no later than 2 weeks after arrival.
4.2.2. The person responsible for the booking should always minimize damage as much as possible.
5 Limitations of CYC liability
5.1. CYC responsibility for claims due to damage or malfunction is limited to the boat hire.
6.1. Parties should try to resolve the dispute regarding the interpretation or application of this Agreement by negotiation. If the parties can not agree, the dispute may be adjudicated by the Complaints Board or the District Court.