GENERAL CONDITIONS FOR RENTING A VESSEL
1. CONTENTS OF OFFER
"Vakance d.o.o." tourist agency, Jobova 3, 21000 Split (further in the text, the agency), guaranties the truthfulness of the information in connection with the charter offer presented on its web pages, and also for the truthfulness of the conditions under which the charter fleet is offered. Vakance charter takes care and maintains the offered vessels with the attention of a good host and guaranties that they are technically in order and in good condition.
The person who pays in advance (the client onwards), and thus confirms his reservation for one or more vessels from the Vakance charter's offer, establishes a legal relationship with Vakance charter by which he consents that he agrees with the general terms of renting vessels and with the terms that are herein given for his consideration. All data announced in these conditions presents legal obligation, both for the client and for Vakance charter. These conditions are the foundation for resolving eventually arisen disputes between the client and Vakance charter; therefore you are obliged to read them carefully.
Applications for booking a vessel are accepted via e-mail by way of filling out the intended form on the Vakance charter web site. Bookings may also be done in the office of our agency, or in the offices of the Vakance charter partner-agencies that are authorized to sell the services we offer. During the application process, the client is obliged to give all information requested in the intended reservation form. The same applies during the client's application in our office, or in the offices of the Vakance charter authorized representatives to whom he must present all documents necessary for carrying out the regulated procedures.
If the client has not performed the above-mentioned steps during reservation of the vessel, 2 weeks before the beginning of the renting period, he is obliged to give Vakance charter the crew-list with their full names, addresses, dates of birth and the kind of valid identification documents.
3. PRICE LIST
The prices are expressed in euros. Vakance charter reserves its right of changing the prices, in case the owners of the vessels alter their prices.
All listed prices refer to a seven-day rent, from Saturday to Saturday.
Depending on the model, the year of making and the season of renting, the prices presented on the Vakance charter web pages may vary from one vessel to another and are therefore especially emphasized by each one of them.
The listed prices include: a technically in order, clean and dry vessel with full tanks of gas and water; using the vessel and its devices; an obligatory vessel insurance; a comprehensive insurance that exceeds the value of the deposit defined by the contract; Croatian sailing license, and a charter license of the vessel. All this information is presented on our web pages during reservation of the yacht.
The listed prices of the vessels do not cover port expenses (port and berth taxes in the main harbor, sojourn and other tariffs), additional vessel equipment, gas expenses, all other necessities, Vakance charter crew compensations and all other services, such as health and accident insurance for the crew, as it is also presented on our web pages during reservation.
Should there be any changes in the prices for certain vessel after the application has been filled out and before the preliminary payment, Vakance charter is obligated, immediately after realizing that, to notify the client about the change and, with his agreement, to send him a new settlement.
Should there be any changes in the prices after the preliminary payment, Vakance charter guarantees that the client will pay the rest of the amount according to the settlement on the bases of which he had decided to reserve certain vessel.
4. PAYMENT DYNAMICS
In order to confirm the requested reservation of the vessel, the client has to make a preliminary payment that equals 50,00 % of the complete arrangement. The rest of the sum has to be paid 6 weeks before the beginning of the renting, at the latest.
The client can take over the reserved vessel only under the condition that he has regulated all necessary payments.
By paying in advance, the client confirms that he is completely familiar with all characteristics and conditions under which the certain vessel is offered to him. By paying in advance, all that is mentioned in these conditions becomes legal obligation, both for the client and Vakance charter.
The final settlement will be made together with the Vakance charter representative, or with the owner of the vessel, upon returning it, at the end of the renting period in the harbor agreed as the vessel's final destination.
5. THE CLIENT'S RIGHT OF CHANGES AND CANCELLATION
If the client wants to cancel the reserved vessel, he must do that in writing and send it to Vakance charter by e-mail, fax or regular mail.
The date, when Vakance charter receives the written cancellation request, presents the basis of calculating the cancellation coasts in the following way:
If cancellation is caused by force majeure, i.e., due to objective reasons on the client's side (death in the family, health reasons, terrible accident, ), the already-paid amount will not be returned to him but Vakance charter will offer a vessel at his disposal during the first free period, or in the next season.
The return of money will be done immediately after confirming its exact amount that has to be returned to the client. The payment can be done exclusively to the giro or foreign currency account of the client. When it comes to the currency transfer, the expenses of wiring the money to a foreign country are billed to the client.
During checking-in, the client must leave an obligatory deposit as a warranty that he will compensate all possible losses and damages occurred during the renting period, even if they are not covered by the insurance policy. The deposit must be in cash, cheques, or by way of a slip with the imprint of the client's credit card. The modalities and amounts of the deposit are shown on our internet pages during presentation of the vessel.
The deposit will be returned to the client after the Vakance charter representative establishes that the vessel has been returned in the appointed time and at the appointed place, tidy and undamaged, with full tanks of gas and water and under the condition that there are no further requests from a third party, nor there are announced ones, concerning the client that are connected to the his usage of the rented vessel.
In case of brutal negligence, i.e., damaging the vessel and/or the equipment, and in case of a loss of one or more parts, the client takes responsibility of all expenses. Vakance charter will keep the amount from the deposit that corresponds to the value of the repair, the acquiring and/or purchasing of the equipment, or separate parts of the vessel. If due to a damage, loss of the vessel or the equipment, renting it is not possible anymore, the value that Vakance charter will keep from the deposit will equal the value of the lost goods.
Leaving the deposit is obligatory also in cases when the vessel is rented along with a skipper hired by Vakance charter. In this case, the set down deposit cannot be used for covering the expenses caused by the skipper's negligence, bad steering of the vessel and bad management of the equipment.
7. TAKING OVER THE VESSEL
The vessels can be taken over in the appointed time and place, from 17.00 to 20.00 hours.
If the client does not take the vessel within 48 hours from the appointed time without previously announcing it, Vakance charter is authorized to one-sidedly break the renting contract and the client has no right to subsequently ask for compensation.
If due to whatever reasons Vakance charter is not able to deliver the reserved vessel in the appointed time and place, the agency has a 24 hour time-limit, from the appointed time of taking over the vessel, to provide the client with another vessel with the equal or better characteristics. If Vakance charter does not succeed in doing so, the client has the right to break the contract and to be compensated with the already-paid funds. If the client decides to wait for a substitutive vessel more than the previously agreed 24 hour limit of overtaking of the same, he can be refunded the sum that equals the worth of the rent for the number of days he was not able to use the vessel. The responsibility of Vakance charter for amounts higher than the previously agreed for the rent, as well as for any other right of the client for compensation, is excluded.
When taking over the vessel, the client is obliged to submit to the Vakance charter representative an authenticated voucher which designates that the whole amount of the rent has been completely settled.
Vakance charter is obliged to give out to the client a technically proper and completely equipped vessel with full tanks of water and gas, clean and dry, ready for sailing.
When taking over the vessel, the client is obliged to carefully test its condition and the equipment and in order to verify whether the inventory checklist corresponds to reality. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects of the vessel and/or the equipment, which were not known to Vakance charter when submitting the vessel, as well as damages and defects after returning the vessel that Vakance charter could not foresee, do not give the client the right to ask for reduction of the rent.
8. RETURNING THE VESSEL
The client is obliged to return the vessel in the appointed time and place (9:00AM at the latest) to the defined port mentioned in the contract, clean and neatly, with full tanks of gas and water, ready for further sailing, i.e., in the same condition he overtook it.
If due to whatever reasons during the trip further sailing is not possible and/or exceeding the negotiated date of return is inevitable, further instructions should be given by contacting the base manager and Vakance charter. The information about the announcement must be written in the vessel's diary. Adverse weather conditions cannot justify the exceeding of the negotiated return date of the vessel. Exceeding is only justified in cases caused by force majeur.
When it comes to exceeding the negotiated date of return, the client guarantees that for a 3-hour delay he will pay additional daily rent. For delays over 3 hours and beginning a new calendar day, the client must pay triple daily rent multiplied by the additional expenses that have come up due to the late returning of the vessel. Therefore, returning the vessel to the designated port in the evening hours of the day before checking it out is obligatory. Deviations from this rule are possible but exclusively upon previous agreement with the client and Vakance charter.
When returning the vessel to a port that is not negotiated as final, the client must reimburse Vakance charter for all expenses connected with taking it back to the negotiated port, a delay fine, if such has occurred, as well as for all damages that occur during transferring back the vessel and that are not covered by the insurance policy.
When returning the vessel, an Vakance charter representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the inventory list.
The client is obliged to report to the Vakance charter representative eventual defects and damages. If damages have occurred on the underwater part of the vessel, or if there is such suspicion, a detailed check-up needs to be done with the help of a crane or a diver. Vakance charter decides in which way the check-up will be performed. However, the client is charged with the expenses of the procedure.
If the client tries to hide any damage or loss that has occurred during the renting of the vessel, he must pay a fine to Vakance charter in the amount of 300 and to compensate for the committed damages.
The expenses for lost and damaged parts of the vessel, or the equipment, caused by negligence or bad management on the client's side, or his crew, are billed to the client. Vakance charter will compensate that sum from the deposit of the client.
In case that the vessel is returned dirty and untidy, Vakance charter will use the client's deposit for the special cleaning of the yacht. Vakance charter will also charge for gas supplementation and in a case the client does not return the vessel with full tanks.
During the time of renting, the vessel remains possession of Vakance charter or the owner with whom the agency has signed a cooperation contract. Until the moment of proper returning of the vessel, it is considered to be rented to the client.
9. EXTENDING THE RENTING PERIOD
If due to whatever reason the client wants to extend the renting period, he has to sail back to the designated port and contact the Vakance charter representative and in written form to ask for a permission for a new time of disembarkation and a new designated port.
10. DOCUMENTS OF THE VESSEL
The vessel is submitted to the client's usage with all proper documents necessary for renting (permit, registration, concession...), as well as with all other supplements found in the vessel's folder (list of port authorities, gas stations...). The client is obliged to handle and keep all received documents with extra care.
When returning the vessel, the client must give back all received documents and their supplements.
The client is obliged to keep records in the vessel's dairy.
11. OBLIGATIONS OF THE AGENCY
Vakance charter is obliged to take care of the realization of the offered services with the attention of a good manager and to watch after the rights and interests of the clients, in accordance with the good Croatian tourist tradition.
Vakance charter is obliged to make sure that the guest receives all the services he paid for in the reserved term, and thus is responsible to him for any possible unfulfillment of the services, or a part of them.
In case of changes or unfulfillment of the services caused by force majeure (war, riots, strikes, terrorist activities, sanitary disorders, adverse weather, government official, etc.), Vakance charter refuses any responsibility.
12. CLIENT'S OBLIGATIONS
The client is bound to and declares that:
13. SAILING PERMIT
The client must possess necessary nautical knowledge and skills and a valid sailing permit for running the vessel at open sea, as well as a confirmation of finished course on handling the radio station. If the client does not posses the required documents, knowledge and skills, he is obliged to let the vessel be run exclusively by a crew member who owns such documents.
The client, or the person appointed as a skipper by him, may be asked by an Vakance charter representative to demonstrate his knowledge and skills. The client is billed for the testing expenses. The time spent for testing is included in the renting period.
If during testing the Vakance charter representative establishes that the client, or the person appointed as a skipper by him, does not possess enough knowledge, experience and/or valid sail permits, then an Vakance charter skipper will join the crew at additional cost, in accordance with the official price-list. If the client does not accept the appointed skipper, Vakance charter can exercise its right to forbid sailing out of the vessel, to cancel the contract and to keep the whole amount of the deposit. In this case, the client has no right to be compensated.
If the client knows in advance that he will need the service of the official Vakance charter skipper, he ought to notify the Vakance charter personnel about that during reservation.
The insurance is defined by the conditions established by the insurance company with whom the owner of the vessel, or Vakance charter, has signed the policy.
The insurance of the vessel covers damages inflicted to and by a third party up to the amount of the reported value of the vessel (obligatory insurance). The vessel is also covered by a comprehensive boat insurance that equals the amount of the reported value of the vessel. The comprehensive boat insurance covers damages that exceed the amount of the deposit and are caused by force majoure, but not damages caused intentionally or by negligence.
The client, the crew and their personal belongings are not insured and therefore we suggest that he should do that on his own. All damages and/or losses must be reported to Vakance charter immediately upon occurrence. When there is a greater damage, as well as in the case when more vessels participate in the accident, it must be reported to the competent port authorities and to ask for the corresponding document that will additionally be handed over to the insurance company. Damages covered by the insurance policy that were not immediately reported to Vakance charter, to the competent authorities, to the insurance company, and for which all necessary documents do not exist, will not be acknowledged, according to the conditions of the insurance. Therefore, the client is personally responsible for all damages and will be charged with all restoration expenses.
When the vessel is damaged, the client will be charged with all expenses in accordance with the conditions of the comprehensive boat insurance but only to the amount of the deposit. The expenses of all damages of the vessel and/or its equipment caused by negligence and/or loss of one or more equipment parts are born in full amount by the client.
The sails are not insured and thus the client will be charged with all repair expenses. The responsibility of the client is excluded only in case of natural wearing our of one or more sails, or in case of damages caused by breaking of the mast.
Engine damages caused by the oil shortage are not covered by the insurance; thus, the client will be charged personally for all repair expenses
The client takes full material responsibility for damages caused by anchoring and docking into ports and small ports that are known as being unsafe.
15. RESPONSIBILITY FOR EXPENSES ORIGINATED DURING RENTING PERIOD
The client himself is charged with all expenses or defects that have occurred while the vessel was his responsibility and that are not connected with the natural wearing out if the vessel. Before the process of reparation, the client has to come to an agreement with Vakance charter concerning the technical justification of the necessary repair.
Vakance charter covers all damages or defects that have occurred, or originated during the renting period, and that are connected with the natural wearing out of the vessel. Before the process of reparation, the client has to come to an agreement with Vakance charter concerning the technical justification of the necessary repair. The client is to pay the bill right at the repair place and to keep it so that, when returning the vessel, he may be refunded with the whole amount.
16. BREAKAGES AND DAMAGES
The client is obliged to inform Vakance charter about all breakages and damages immediately after their occurrence, no matter what their cause may be. Vakance charter will instruct the client in what ways to perform all necessary activities and/or change of equipment. The client will be charged with all unauthorized repairs and changes of parts of the equipment.
17. PROPERTY LOSS
Vakance charter is not responsible for losses and/or damaging the property of the client and the rest of the crew, someone else' property that have been laid down and kept on the vessel, in the transportation vehicle, in the Vakance charter office or in the owner's vessel. By paying the necessary deposit and agreeing to the general conditions of renting a vessel, the client renounces his rights of requesting a compensation from Vakance charter, or from the owner of the vessel for losses and/or damages of his personal and/or someone else's property.
18. PHOTOGRAPHS OF THE VESSELS
If the photographs of the vessels presented on our web pages have the Vakance charter copyright sign, then these pictures correspond to the real vessel the client will be renting.
We want to especially emphasize that photographs of the vessels that do not have the Vakance charter's copyright sign are not the exact vessels the client will reside in, but only representative pictures of the vessel's maker, which still refer to the required model. The photographs of the vessels are published exclusively for orientation purposes and in order to help our users. It is possible that the client may notice some irregularities between the photographs and the real state of the vessel; however, these irregularities cannot serve as valid reasons for the client's request of a substitutive vessel nor for requesting any kind of compensation, if the real offered model corresponds to the rented one.
The presentation of the vessels we offer contains a plan of their different variations, depending on the number of cabins. Vakance charter is obliged to visibly emphasize the real number of cabins. We kindly ask the client to pay attention to the number of cabins of the vessel he is about to rent. All possibilities of later complaints from the client containing that he has been given a vessel with smaller number of cabins than presented by the plan on the internet, are excluded.
If any client feels that the already-paid services are not completely and/or qualitatively performed, he has the right to address a complaint to Vakance charter. The client may request a proportional compensation only if during checking-out of the vessel he files a written complaint and encloses all corresponding documentation. Both the client and the Vakance charter representative should sign the written complaint. Vakance charter will not consider additionally received and incomplete documented complaints.
Vakance charter is obliged to come up with a written solution to the accepted complaint within 14 days upon receiving it. The agency can postpone the solution period for maximum another 14 days for the purpose of collecting data and verifying of the complaint that, directly or indirectly, concerns the involved persons cited in it.
The client renounces any mediation by any other person, the arbitration of the Association of Croatian Tourist Agencies, law institution or giving information to the means of mass meadia until Vakance charter comes up with a solution of the complaint. If the client breaks this regulation, because of the violation of the procedure, no matter his assertions, he loses the right of compensation. Vakance charter has the right to ask for a compensation from the client due to the harm he has done to the agency.
The highest amount of compensation can equal the amount of the advertised service but cannot comprise of the already used services or the whole amount of the rent. This excludes the client's right for a compensation of non-material damages.
20. COURT COMPETENCE
If the client is not satisfied with the Agency's solution and cannot find a peaceful and reasonable agreement with it, he has the right to court arbitration. The court in Split is authorized for applying all Croatian law regulations in such cases.
21. DATA CHANGE
All changes and additions to these general conditions of renting a vessel are possible and valid exclusively in written form and signed by both the client and the agency.
Split, May 15, 2000.