Kuzmanic Yacht Charter Terms and Conditions
- Charter fee
All listed prices are expressed in euros. Kuzmanic Yacht Charter reserves the it’s right of changing the price, in case the owners of the vessels alter their prices.
The charter fee includes charter of the yacht with its belongings i.e. equipment, full insurance for the yacht and crew during the charter period as indicated in charter contract between parties. Port duties, marina fees, local taxes, fuel, skipper, hostess, transit log, final cleaning and other extra services if any, are not to be considered as charter fee.
- Payment conditions
The chartered yacht with equipment is confirmed for charter once payment of agreed amounts is done under following payment conditions:
50% of the charter fee upon signature of contract
50% of the charter fee, at least four weeks before commencement of the charter
Charter of yachts is to be considered final (fixed/confirmed) upon Charterer remits nor transfer contractually agreed amount to Charteree account within four (4) to maximum six (6) banking days.
- Security deposit
The security deposit has to be paid in the departure marina by the Charterer during takeover of the yacht. Deposit can be made and accepted in cash or with credit cards. The security deposit shall be refunded in full amount unless the existence of damage or a defect on the yacht or the equipment is found during return of the yacht, and unless there are no claims announced prior. In case of loss or damage off the equipment, particular parts of the yacht or the yacht itself, Charteree shall retain the exact amount which matches the value of repair, acquisition and/or purchasing the equipment or particular part of the yacht. All amounts exceeding the deposit are covered by the insurance and the Charterer will only be held liable for the funded security deposit.
In case the caused damage has the consequence that yacht cannot be further chartered, Charteree has the right to retain the amount which matches the loss of profit to the maximum of the refundable security deposit. All damages or costs exceeding the amount of the security deposit are covered by the insurance.
- Takeover of Yacht
The Charterer will take over the yacht at the agreed time and place. During the takeover of the yacht, the Charterer is obliged to check and carefully examine the conditions of the yacht and equipment on board according to the inventory list of the yacht which shall be provided by the Charteree.
Any possible complaint shall be notified before the start of navigation/ usage of yachts. The possible unknown defaults/issues on the yacht or equipment on board, for which the Charterer at the moment of takeover was not familiar with, as well as defaults which could arise/overcome after the takeover of the yachts, does not give option/ right to the Charterer to reduce the charter fee, provided that these defaults are not of such a nature to render the yacht unable to navigate, safe or uncomfortable for the Charterer, which shall in such case entitled to terminate the agreement or otherwise claim the reimbursement provided under the preceding clause.
- Bareboat Charters
When requested by the Charteree, the Charterers i.e. persons in charge for sailing/navigation, have to prove that they are capable to operate yacht safely and according to international/Croatian maritime laws and rules. Furthermore if the Charterers does not comply with regulations relative to yacht seaworthiness, charteree and/or his representatives have legal right not delivering the yacht at all and/or not to permit sailing out from starting point/marina. No compensation from Charteree may be claimed by the Charterer in the above two cases. If any similar situation occurs, Charteree is allowed to request assistance from Port Authority Police/Coast Guard. If the Charterer does not take over the yacht within 48 hours for any reason, the Charteree is entitled to consider that the contract between parties is void/not valid any more.
- Charteree obligation
The Charteree undertakes to deliver the vessel at the place and time agreed, in good condition, clean and with full water- and fuel-reservoirs.
In case the Charteree is not able to provide the reserved vessel, he undertakes to prepare another one, which is to be at least of the same quality or even of superior quality.
In case the Chareteree is not able to provide either the reserved vessel or its replacement (of the same or even superior quality) at the agreed time, he undertakes to offer the Charterer following possibilities:
- meeting the Charterer’s costs for the days while waiting for taking over the vessel
- providing adequate accommodation while waiting
- after expiring of the 24 hours deadline and Charterer’s abandonment of the Contract and renting, the Charteree undertakes to return the sum paid
The Charteree undertakes to inform the Charterer and return him the amount paid according to the Contract no later than 15 days prior to beginning of the rent in case of cancellation of the arrangement because of unpredictable circumstances.
The Charterer could demand only the amount of the charter fee; any other rights to indemnification are excluded.
In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption the Charterer is obligated to inform the Charteree immediately. The Charteree is obligated to remove the damage upon notification. If the Charteree removes the damage within 24 (twenty-four) hours, the Charterer has no right to require any reimbursement.
- Charterer’s obligation
After the Charterer has taken over the yacht, the Charterer shall bear all expenses of the daily berths in ports or marinas, fuel costs, oil, water, cleaning and all other necessary items for safe navigation, as well as eliminating all damages and defaults, which can appear while the yacht is under Charterer’s responsibility and which are not the results of normal and regular yacht usage, provided the Charterer has previously contacted the Charteree and made an agreement in regards to technical issues of the repairs that are and can be immediately executed.
The Charterer is obliged to sail/navigate within the Croatian territorial waters. If Charterers are to leave Croatian territorial sea waters, the Charterer is obligated to request from the Charteree license and/or permission to take such action. The Charterer undertakes to respect all regulations and rules, to take care of the yacht and its equipment with caution and navigate/operate the same carefully and according to the maritime rules of navigation. He is obliged to sail only during safe weather conditions and good visibility. Charterers are to be informed about weather conditions via radio (VHF).
The Charterer, or skipper, hereby confirms that he is familiar with all necessary navigational skills and that he possesses the valid license/certificate to navigate at the open seas. Further he confirms that he possess the radiophone operations authorized certificate (VHF license), which has to be presented/shown to the Charteree, as per first request of same on bareboat charters. The necessary navigation skills and certificates will be ensured if Kuzmanic Yacht Charter provides an own skipper.
The Charterer undertakes and hereby agrees that he shall not sub charter the yacht or rent it to the any third persons or parties as well as that he shall not participate in regattas nor yacht races, commercial purposes, any type of fishing or sailing school activities.
It is hereby agreed that Charterers will not navigate/operate the yacht under influence of alcohol or narcotics, and/or any other illegal substances unknown to Charteree. It is strictly forbidden to tow of any other yacht, neither is allowed to sail at night by unsafe weather conditions. Number of persons on board of the yacht is to match the crew list. The Charterer is responsible for the consequences which may arise of non-observance to his obligations. Should any accidents or damages to the yacht or equipment/belongings of the yacht occur during the charter time, the Charterer is dully obligated to inform the Charteree immediately without any time delay by contacting the Charteree 24 hour’s telephone numbers, which are to be used to notify the Charteree which are indicated in the yacht documents.
The Charterer is fully obliged to notify the Charteree immediately or authorities in case the yacht or the equipment is missing.
If further safe navigation is not possible due to the Charterer behavior or in case the yacht was dispossessed by third parties which are not part of contract, except for the case of steal or robbery of the yacht or of the equipment, prized or if further navigation was prohibited by authorities or third parties for any reason attributable to the Charterer behavior, the Charterer is to be fully responsible for all the consequences for the Charteree and he guarantees for them.
No pets (dogs, cats, birds and similar) are admitted on board the yacht unless previously agreed by the Parties. The Charterer is obliged to check daily oil level in the engine, check any possible leakages, control pressure of oil and cooling water system, unusual sounds, and take care of sails because they are not insured by insurance policy.
- Charterer’s liability
Charterer is obliged to pay all charges for failures made by himself, for which the Charteree might have criminal or financial responsibility. In case of damage or accident Charterer is obliged to write down a suitable report and to inform authorised bodies (harbour headquarters, police, doctors) and the Charteree in case of disappearance of the yacht, impossibility of operating the yacht, as well in case of state organs or third persons seizing or confiscating the yacht or imposing measures of sailing prohibition.
For the damage caused by actions and failure of the Charterer for which Charteree is liable to the third party the Charterer is obligated to settle the damages to Charteree in their entirety, whether it is the case of material and / or legal expenses that resulted from such actions and failures.
The Charterer is explicitly liable for the yacht in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the yacht.
The insurance is determined by the terms and conditions defined by insurance company where yacht is insured. Yacht and crew members are insured against possible damages done by third persons. Terms and conditions of insurance are to be delivered to Charterer during take-over operations. In case of damages the Charterer is obliged to report same to nearest port authority’s office where damage log/record, will be issued for the insurance company and Charteree’s Office. If the possible damages are not reported on time i.e. with delays, Charterer is to be kept responsible by himself and liable for his actions.
Insurance covers damages, against possible natural/environmental impacts, but it does not cover any damages done purposely. If damage is done purposely, Charterer will bear all expenses by himself. Engine and Sails are not covered by the insurance, but nevertheless, if the yacht is operated by a skipper appointed by the Charteree, then the Engine(s) and sailing operations are the responsibility of the skipper and not of the Charterer. Personal belongings of crew are not covered by insurance. If the charter is booked on bare boat basis then the maximum loss for the charterer is his/her refundable security deposit as the rest is covered by the yacht insurance as well as damages to third parties (except damages caused through gross negligence and actions on purpose)
- Conditions of cancellation
If the Charterer for any reason should not able to take over the yacht, he is entitled to, if mutually agreed, locating another Charterer which will use the rights and agreed conditions of this contract.
If Charterer is not able i.e. not in position to find substitution for himself, Charteree will retain the following amounts:
30% of the amount of the charter fee, in case of termination of the charter two (2) months before the charter commencement date.
50% of the amount of the charter fee, in case of termination of the charter one (1) month before the charter commencement date.
Full charter fee in case of termination occurred within last month preceding the commencement of the charter date.
Should the deposit not be refunded due to death of family member or charter persons as well as any other situation which may occur like health conditions etc, the Charteree will provide the yacht to Charterer on any other free and/or similar available charter for another period or within the following season.
Only written complaints, signed by both parties on the occasion of return of the yacht will be taken into consideration.
All the possible disagreements or disputes that cannot be settled peacefully will be under the jurisdiction of the legal court is in place of Charteree.