The following conditions govern the contractual relationship between Croatia Yacht Club AB (hereinafter "CYC"), and the Renter at Boat rental in Croatia. These conditions apply from 26th of september 2014.
1 Preliminary provisions
1.1. Booking a rental boat is considered a group booking, which means the Renter (Renter) 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 Renter also must provide CYC with a correct e- mail address and if there are any changes in the contact information. Payment shall be made by the Renter or by someone on the crew list (under Renter’s responsibility).
1.2 Payment and booking
1.2.1. After the instalments have been set, the reservation is binding, and the first payment must be fully transferred within 4 days. The Renter must immediately verify all information stated on the invoice and contact CYC without delay in case any false statements.
1.2.2. Within 4 days since the booking has been confirmed by CYC, a down payment must be paid; the final payment must be made to CYC no later than 40 days before charter departure.
1.3 The Renter - general obligations
1.3.1. The Renter is responsible that he/she holds a valid passport and other documents necessary for the boat hire. (With support of 1.3.3.) The Renter must send the crew list to CYC no later than 7 days before crew’s arrival. The crew list will be sent to the Renter as early as 4 weeks before departure. Reminders will be sent by CYC to the Renter, and if the person then does not send the crew list on time, there will be a booking fine of EUR 20,00 since CYC will need to put in extra work during check-in procedure upon crew’s arrival. 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 the skipper (see paragraph 1.3.3. below).
1.3.2. The Renter needs to know that the boat is only for private use, and that boat and equipment should be treated with care:
- Do not leave the boat in third party care,
- Do not transport persons or objects for a fee,
- Do not take more people than what is stated in the crew list on board,
- Do not take any undeclared goods on board
- To declare imported and exported goods in accordance with the rules applicable to the Renter´s whereabouts,
- To comply with laws and regulations of the country the Renter’s whereabouts
- 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 team before accepting help,
while signing the agreement with CYC.
If the Renter does not follow these rules then the person in charge is fully responsible for the consequences, and CYC will not be held responsible.
1.3.3. To get the boat rental in Croatia you will need a valid proof of knowledge (a sailing licence or certificate) as a coastal skipper, and VHF Certificate in English for at least one person on board. Only the person whose qualifications match the criteria should be the boat's skipper. The certificates must be carried at all times in its original during the trip. 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 experience.
1.3.4. The boat is available from 5 p.m. on arrival day, until 9 a.m. on the day of departure. The boat should be back at the base no later than 6 p.m. on the day before check-out. Staying overnight onboard the boat until check out in the morning is included in the boat rental. The boat should be emptied no later than 9 a.m. on Saturday morning. Inspections are carried out according to the same procedure as upon check in. Any damage will be inspected, evaluated and addressed.
If the boat not is returned in time, regardless of weather conditions the Renter must pay double rent fee for the time delay per day. In addition, the Renter must reimburse CYC for costs imposed on CYC if the next guest cancels their boat hire. Should the person that rented the boat, for some reason attributable to CYC, end their journey in other harbour than the agreed port, CYC shall be notified immediately. If the person who is responsible for the boat leaves it somewhere else, he/she must hand it over to another crew member with certificate and knowledge, in accordance with paragraph 1.3.3 above, until CYC can take over the boat. The boat is returned after it has been inspected by CYC and/or his/her delegate. The Renter is liable to pay costs which may arise in the aforementioned situation.
1.3.5. Before the Renter can get access to the boat he/she and the skipper must sign a contract with CYC staff who is responsible for check in, and must carefully review the boat and equipment according to an inventory list. If the Renter finds no flaws in the boat or equipment the Renter shall, by signing, approve the inventory list. After these documents are signed, the boat's liability is assumed by the skipper. If the guests cannot leave the base or home port, CYC has the right to make repairs and/or additions without compensating the guest for the lost sailing time. Subsequent complaints regarding the boat or equipment may not then be relied to a greater extent than is provided below. The same applies to the boat's electrical equipment and instruments.
1.3.6. Upon check out, the boat should be in a suitable condition, which means, accessible and clean both on the inside and on the outside, i.e., that the boat must be empty of both garbage and belongings. It’s also very important that the equipment on the boat is in its right place and that the dishes are taken care of (i.e. clean). If the boat is not found in that condition, there will be a fine of 50,00 €/hour for the extra work the CYC staff needs to put into.
The boat must be returned with a full tank. Lost, damaged or unusable equipment must be reported upon arrival to the person in charge of check out. If the tank is not full, the Renter must reimburse CYC with the refuelling cost + 100€ service. If the boat is returned in an unacceptably dirty condition, cleaning fee of 300€ will be charged to the Renter.
1.3.7. Before the Renter 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 credit card (Visa, MasterCard or American Express). The deposit will be returned after inspection of the boat, its equipment and inventory on site by CYC staff, if they don’t find any damages to the boat. If equipment is missing or damages to the boat have occurred, the deposit will be withheld, fully or partially, depending on the severity of the damages, until the final cost has been determined (if the immediate solution is not possible). Repair and replacements costs are then deducted from the deposit.
The Renter can sign a deposit insurance waiver.
The boat is always fully insured but if you sign a deposit insurance the self- deductible is reduced. This means that a separate deposit insurance can be added to the booking before departure with your boat. It protects the person responsible for the booking from losing the deposit at damage. The separate deposit insurance consists of a fixed price and a lower deposit which means that the person responsible of the booking pays a lower amount that’s not refundable and pays the lower deposit at check-in, because of the added deposit insurance the deposit is lowered to 10% of the original deposit fee. The amount payed at check-in will be refunded if the boat returns without damages. Even if the deposit insurance has been added you still need to leave the entire deposit fee at check-in if your boat is not located in our main base in Marina SCT Trogir. The 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. 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 any damage occur by normal weather conditions and normal use during the rental period the Renter is responsible to make necessary repairs as soon as possible. Repair costs will be reimbursed later by the Lessor upon presentation of a receipt. Replaced parts must be maintained.
1.3.9. In case of major damages, delays, loss of the boat, the inability to navigate the boat, if the boat is being seized by an authority or third party, a member of CYC team and a local representative must be notified immediately. The Renter must take the necessary measures to limit the damage and negative consequences (for example, economic losses) and document, monitor, and in agreement with the Renter, spend money for potential repairs.
1.3.10. If the Renter is partly or fully responsible for damages under circumstances described above or has violated the terms of this agreement, the Renter shall compensate CYC for expenses, potential losses and other direct or indirect damages caused by the Renters actions. In case of personal injury or damage to the boat, the Renter must write a report and obtain report from a third party, such as harbour master, doctor or naval inspector.
If damages cannot be repaired during the trip, and the circumstances allow the boat to be sailed, the Renter must return to home port before the lease period has expired and CYC must be notified about the damages which have occurred, so that they can be able to repair them. 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 to the Renter.
1.3.11. By violating any of the paragraphs of this Agreement, the Renter is required to compensate CYC for all the damages and costs CYC has suffered due to breach of contract. If CYC is held liable to third parties because of the Renter’s actions, the Renter shall reimburse CYC for costs that may have occurred as a result of such action. If anything is lost or damaged on the boat during the rental period, the Renter should bear costs for replacements or repairs, but if the damage is caused by normal wear and tear then no cost will be added. The Renter is responsible for costs not covered by insurance and consequential costs, due to intentional or grossly negligent acts.
1.3.12. If damage is reported too late or incompletely that the insurance cannot be reinforced by CYC team, the Renter will be held fully responsible for the costs.
1.4. Price and contracted services
1.4.1. Information in brochures and catalogues, including the Internet, are included in the agreement. This information is mandatory for the organizers, except where in the catalogue, 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 varies according to market’s supply and demand.
1.4.2 The price includes chartering a boat and its equipment, linen, all necessary permits, taxes, and a dinghy. The Renter is entitled to necessary services in the home port, and normal wear and tear during the rental period is accepted.
1.4.3. CYC is responsible for the boat which 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 damages. Insurance does not cover loss of personal items or other damage that any of the crew or other persons on board suffer. Check your home insurance policy or take a separate travel insurance. The insurance does not cover damage caused by negligence or wilful misconduct of the Renter 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 the contract input services, and mandatory additions, taxes and fees.
1.4.5. Any specific services/deliverables at Renter’s requests are part of the contract only if they are explicitly confirmed by CYC.
1.4.6. The crew is obligated to cover the costs of food for skipper, hostess and chef during the trip.
1.5. Entering into the Agreement
1.5.1. The agreement becomes binding on the parties, when CYC has confirmed the Renter’s order in writing and the Renter has paid the reservation fee. CYC will confirm the Renter’s 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 Renter.
1.5.3. In case of lacking first payment, according to the contract, CYC has the right to terminate the contract. Upon such termination, CYC is entitled to payment of the amount the Renter would have paid if the Renter had cancelled 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 cost increases for CYC occur after the agreement referred to in 1.4 above has become binding on the parties, CYC may raise the price of the trip with an amount corresponding to cost increases if these are due to:
- Changes in taxes, duties and fees or fees for certain services.
2.1.2. Right to price increase as above exists only if the cost exceeds 10€.
2.1.3. The price cannot be increased during the last 20 days before the agreed day of arrival. CYC will as soon as possible, notify the Renter 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 exceeds 10€.
2.2.1 Changes after the conclusion of agreements.
The Renter’s requests for changes prior to departure.
If these changes concern reservations, the CYC will charge an administrative fee of 30€.
2.2.2. CYC changes/cancellation prior to departure
220.127.116.11. Organizer changes/cancellations prior to departure.
The schedule is preliminary until 7 days before departure. If there are changes to the preliminary times the Renter will be notified as soon as possible. Changes in the time schedule is not eligible for a price reduction, compensation trip, damages or other forms of compensation. Information about the cancellation of the trip will be submitted no later than 20 days before departure.
18.104.22.168. If CYC must cancel the boat hire, or if it cannot be implemented as agreed, the Renter should be informed of this as soon as possible.
22.214.171.124. This does not apply to amendments or changes, which can be considered of minor importance for the Renter.
126.96.36.199. If the change means that the Renter’s economic value of the trip becomes smaller, the Renter has a right for a price reduction.
188.8.131.52. If the changes made to the agreement by CYC are material or the trip is cancelled without the Renter’s say, he/she may cancel the contract and recover the full amount paid by him/her under the agreement.
184.108.40.206. The Renter shall, within a reasonable time after receiving notice of change, notify CYC of his choice.
220.127.116.11. The minimum number of sailing courses and cruises on the sailboat is 6 participants. Merging of sailing courses and cruises on sailboat can occur in the case of too few registered participants. When cruise on a sailboat/sailing course, the minimum age is 8 years.
18.104.22.168. If changes to the contracted services in accordance with 22.214.171.124 or 126.96.36.199 are due to circumstances beyond the CYC control which it could not reasonably be expected to count on when the agreement was concluded and whose consequences this could not reasonably have avoided or overcome, the Renter is not correct for damages. If changes are due to a subcontractor that CYC has engaged, CYC is free of liability only if it is due to a circumstance beyond the subcontractor's control.
3. Termination of the agreement
3.1. The Renter cancellation of boat hire - general agreements
3.1.1. If the Renter cannot rent the boat according to the agreements, he/she must immediately notify CYC. CYC is then entitled to a cancellation fee as stated below.
3.1.2. The Renter’s 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 cancelled before 40 days prior to admission to the boat, the passenger must pay the reservation fee (first instalment).
3.1.4. If cancelled 39-0 days before admission to the boat, the passenger must pay 100% of the charter price.
3.1.5 If the boat is not available at check in day, CYC will provide an equal or better boat. If CYC should not be able to provide a better or similar boat at check in day, the Renter is entitled to cancel the contract within 24 hours for a rental period of a maximum of 10 days, and within 36 hours for a rental period of at least 10 days. The missing charter time is replaced in relation to the remaining rental time. If the customer does not cancel the boat, he is entitled to a reimbursement of the rental fee for the time until the boat (or replacement) becomes available.
3.1.6. If parts of the inventory have been damaged or lost during the rental before the Renter’s stay and CYC cannot replace the equipment until after the end of the new rental period, the Renter is not entitled to cancel the boat or require replacement by CYC if the boat is seaworthy. A guarantee that the boat works perfectly cannot be provided because wear and tear, improper handling, and weather conditions can all cause errors. Extra beds are not the same quality as regular beds. Extra beds are 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 is not responsible for any problems or inconvenience caused by the loss of electrical current caused by temporary faults on the base, authorities notifications and the likes.
3.2. The Renter and CYC are entitled to withdraw from the agreement due to force majeure
3.2.1. Both CYC and the Renter have the right to withdraw from the agreement (after the agreement has become binding for these parties), if in or near the base harbour of the boat a natural disaster, war action, general strike or other intervention event occurs, which significantly affects the execution of the charter or the conditions on the journey at that time when the trip is to be carried out. If the Renter withdraws from the agreement under these circumstances, the Renter has the right to recover what he/she has paid under the agreement. If CYC waives the agreement under these circumstances, the Renter is not entitled to compensation.
3.2.2. The assessment (of whether it is considered to be such an event as specified in article 3.2.1) shall be made, taking into account official statements from Swedish and international authorities. A resignation of the Ministry of Foreign Affairs from travel to the current travel destination shall be regarded as such an event.
3.2.3. The Renter is not entitled to cancellation reimbursement under article 3.2.1 if he or she knew that such an incident referred to in this paragraph existed or the event was generally known.
3.2.4. If the Renter is not entitled to cancel the trip under 3.2.1 but still cancels, CYC applies the general cancellation rules in section 3.1.
4 Errors and shortcomings
4.1.1. In the event of a defect in the agreed services, the Renter must immediately take note of the error, call the phone number or send an email, to provide CYC with opportunities to correct the fault and claim for compensation to be made later. Complaints should, if possible, be done in the boat's home port.
4.1.2. The Renter shall, if possible, ensure that the claim is documented in writing by the organizer or his subcontractor in place.
4.1.3. The Renter may not invoke errors if no claim has been made in accordance with the articles above.
4.1.4. Claims for damages or deductions shall be made to CYC immediately after the end of the trip according to section 4.2.1.
4.2. Correcting errors
4.2.1. If CYC invites the fault to be rectified, the Renter may not demand a deduction or cancel the agreement, provided that the remediation is made within a reasonable time and at no additional cost or significant disadvantage for the Renter. If mistakes are significantly affected and cannot be corrected, the boat is replaced by an equivalent boat. Price of the replacement boat shall not be higher (with regards to the equipment and year model) than the originally booked boat. Both parties review malfunctions and what had caused inconveniences together to find a reasonable solution and/or agreement. Refunds are not made for minor errors which do not affect sailing itself. If the Renter is not satisfied with measures taken, a written notification in English must be submitted at the latest upon check out to the representative/boat owner. Complaints must be received by CYC no later than 2 weeks after check in.
4.2.2. The boat’s skipper should always limit damage to the maximum extent possible.
5 Limitations on CYC liability
5.1. CYC’s responsibility for claims due to damages or malfunctions is limited to the boat rent.
6.1. Both parties should try to settle disputes concerning the interpretation or application of this agreement through negotiations. If the parties cannot agree, the dispute can be tried by the General Complaints Board or by the General Court.