RETURN OF THE VESSEL (CHECK-OUT)
The Client takes out his own waste and disposes it at the designated place in the marina. The Client is obliged to return the vessel in good condition (take out the rubbish, wash the dishes). The damage compensation will be executed in case of filthiness of the vessel (negligence to the property) and failure to comply with the house rules.
If during the charter period, sailing for any reason is not possible and/or a delay in return of the vessel is inevitable, the Client must inform the base manager and AC, requesting further instructions. Unfavorable weather conditions cannot justify delays to the agreed return of the vessel.
In the event of the eventual delay, not caused because of the technical defects on the vessel, the Client can be charged, as well as for the collateral damage caused by delay.
In the event the return of the vessel is made in other port and not the one agreed as the destination port, the Client is liable for the cost of transferring the vessel to the agreed destination port, a penalty charge for the delayed return, if there is one, and any damage that may have resulted from the transfer and which is not covered by the vessel's insurance and the damage possibly occurred during the transfer of the vessel.
AC, i.e., the authorized base is entitled to charge all the costs arising from delay or transfer of the vessel primarily from the security deposit. If the costs exceed the amount of security deposit the Client is obliged to pay the amount missing between the amount of the paid security deposit and the amount of the actual cost.
The Client is obliged to notify the AC representative of any defects or damage. If the damage is beneath the waterline or is assumed to be beneath the waterline of the vessel, it is necessary to inspect the vessel in detail, either by the intervention of professional divers or using a vessel crane. The AC representative decides on the manner of the inspection and the Client is charged for the associated costs.
The Client agrees and declares:
- to send the complete crew list, with the full name, address, date and place of birth, citizenship, and the type and number of valid identification document, and for the skipper a currently valid skipper license, to AC no later than one week prior to the start date of the charter period.
- to be in possession of valid travel documents. The Client bears any costs relating to loss or theft of documents during the period of the charter.
- to carefully read all written documentation on the board.
- to sail in a safe, responsible manner, and never under the influence of alcohol or narcotics as well as to handle all gear and equipment with due care and attention.
- To use of the plotter only serves as a navigation aid. Basically, the navigation must be made using the nautical maps on board. This is also the current case law in most countries. Misconduct may have liability consequences for the responsible skipper.
- To sail only within the Territorial waters of Croatia. Sailing outside the Territorial waters of Croatia is permitted only if a signed permit is obtained from AC as well as other necessary and related documents.
to sail only in safe weather conditions and good visibility, avoiding any dangerous areas.
- From a wind speed with announced peak gusts of more than 25 knots, the instructions of the base management must be followed, whether they allow the sailing or instruct the Client to seek a safe anchorage. If the request is not complied with, then all claims for resulting damages, against the charter provider and the insurance will be refused.
- to adjust sailing to the weather conditions and the ability of the crew.
- Not to leave port or anchorage if the vessel or its equipment essential to the safety of navigation is not functional.
- To return the Yacht with full tank. Reserve fuel canisters and reserve canisters for the outboard engine are handed over empty and do not need to be returned filled in. After the functional check of the sewage tank at check-in, no complaints for clogged sewage tanks will be accepted during the charter or at check-out.
- to never leave port if port authorities have imposed a prohibition of sailing, i.e., have placed a ban on departure or in case of insufficient fuel supplies.
- to limit the number of people on board to not more than the designated number for that type of the vessel, as well as to ensure only people on the crew list are allowed on board.
- Not to participate in regattas or races without first acquiring a written permit from AC.
- Not to tow another vessel and to undertake all necessary measures to avoid a situation in which a chartered vessel is to be towed.
- to agree to terminate the Charter Contract if any member of the crew or passenger violated applicable law and/or regulations of the Republic of Croatia; AC takes over the authority over the vessel and the Client remains without right to any compensation. AC will not be liable for any violation of the law or regulations committed by the Client or any person on board and the Client assumes full responsibility.
- to accept financial responsibility for any liability AC may have towards third parties and which is due to the Client’s, or the charter party’s negligence or omission.
- to accept responsibility for violating any rules of navigationor other laws and regulations during the term of the contract, which responsibility does not expire with the termination of the Charter Contract or the charter period.
- to notify AC and the AC`s base immediately of any breakdown, accident, or damage to the vessel, making sure to record the event, register the incident at the nearest Harbor Master's Office and request a verified report from the Harbor Master, doctor, or other competent authority.
- to notify AC and the AC`s base immediately of any breakdown or failure of the vessel or its equipment caused by normal wear and tear. AC is obliged to repair the defect within 24 hours from the receipt of the notification. In case AC repairs the defect within that deadline, the Client has no right to compensation. Emergency telephone numbers for defect notification can be found in the vessel documentation.
- to accept the full financial responsibility for any damage caused by negligence or omission, which is not covered by the insurance and for which AC is liable to third party.
- to immediately notify ACand competent authorities in the event of disappearance of the vessel or its equipment, the vessel not being fit for navigation, seizure of the vessel or the implementation of cruising limits by government authorities or thirdparties. In such circumstances, the Client will request a copy of the police report.
- to accept full responsibility in case of seizure of the vessel by the competent state authorities due to unauthorized or illegal acts (commercial fishing, stealing artefacts from the seabed, etc.) committed during the charter period.
- to accept responsibility in the event of serious pollution of the sea during refueling or due to inappropriate disposal of waste.
- Pets (cats, dogs, etc.) and animals are allowed on board only if previously agreed with AC and will be additionally charged according to AC's Price List.
- to accept responsibility for all actions oromissions of passengers on board according to registered passenger list, as well as any other persons not registered but allowed on board by the Client.
The Client bears full material and criminal responsibility for actions contrary to agreed liabilities.