Terms and Conditions

Articles of Agreement

General conditions of the Agreement

Gulet steering wheel

Article 11

To the best of knowledge provider of service certifies that the vessel duly complies with satisfactory safety regulations and vessel lease conditions applied in the above stated sailing area with a qualified crew and appropriate service.

The agency intermediator cannot take any responsibility for this type of compliance and the specific technical needs of the service and neither the agency that provides the client.

 

2.1    Agreement to let the vessel and obligation on exclusivity.

Article 12

The provider of service agrees to let the vessel to the customer and not to enter into any other agreement for the lease of the vessel for the same period.
The agency intermediator cannot take any responsibility for this obligation of the provider of service and neither the agency that provides the client.

 

2.2    Delivery.

Article 13

The agency intermediator will organize that provider of service shall at the beginning of the lease deliver the vessel to the port of delivery and the customer shall take delivery in full commission and working order, seaworthy, clean, in the good condition throughout and ready for service, with full equipment, including up- to-date safety and life-saving equipment (including life-jackets for children if any and part of the customer party), as required by the vessel registration authority, and for that delivery provider of service takes whole responsibility towards customer

 

2.3    Maximum number of persons.

Article 14

The provider of service shall not at any time during the lease period permit more than the maximum number of guests sleeping or cruising on board than stated here in this agreement and as an exception, a reasonable number of visitors could be on board whilst the vessel is securely moored in port and at the sole discretion of the captain of the vessel and that for that capacity and conditions provider of service takes whole responsibility towards customer

 

2.4    Vessel crew.

Article 15

The provider of service shall provide the vessel crew, properly qualified according to the laws of Croatia, adequately uniformed, fed and insured and also provider of service and his party shall not hinder captain and crew to comply with the laws and regulations of any country into whose waters the vessel shall enter during the course of this Agreement and for crew behavior and professional ability of crew provider of service takes whole responsibility towards customer

 

2.5    Damages / Losses.

Article 16

In case of some damage and/or loss, the parties to this agreement will agree upon the adequate indemnity from/to the customer and all damage caused by the customer or his party shall be paid by the customer at the end of the lease period and for the damages caused to the customer provider of service takes whole responsibility towards customer.

 

2.6    Payment.

Article 17

Payment shall be done in a way that the down payment of 50% of price will be made after signing the contract and that the balance payment of the rest of price will be done one month before use vessel.

 

2.7    Obligations of provider of service and application of general terms and conditions.

Article 18

The provider of service company will provide services according to the agreement between agency intermediator and provider of service, according to the agency intermediator and provider of service general terms for on-board accommodation on vessel which are integral part of that mutual agreement.

 

2.8    Force – majeure liability.

Article 19

The agency intermediator cannot accept any liability for war or terrorist activity, piracy, riots, industrial disputes, natural disasters, fire,
pandemics, adverse weather conditions or any other force-majeure events that are beyond the control of agency intermediator.

 

2.9    Intended itinerary.

Article 20

The intended itinerary shall be represented to the customer by agency intermediator, with prior been agreed by the provider of service and the customer.

The provider of service reserves the right to change the intended itinerary if for any reason he thinks that a certain destination is not suitable or suitable at the moment due to specific reason.

The captain has the final authority on this matter.

 

2.10    Arbitration of dispute.

Article 21

Any dispute in connection with the interpretation and fulfillment of this Agreement shall be decided by arbitration in Dubrovnik, Croatia, and each party of this Agreement shall appoint one Arbitrators from the official list of CCE.

This Agreement shall be interpreted and fulfilled in accordance with law of Republic of Croatia.

 

2.11    Cancellation of lease by client.

Article 22

Cancellation policy of the provider of service is as following:

  • 1 year before start charter              -100% back from deposit;
  • 10 months before start charter         -70% back from deposit;
  • 8 months before start charter           -50% back from deposit;
  • 6 months before start charter           -30% back from deposit;
  • 4 months before start charter           -10% back from deposit;
  • 2 months before start charter           -0% back from deposit.

The agency intermediator cannot assume any responsibility for such cancellation towards the service provider.

 

2.12    Cancellation of lease by the provider of service.

Article 23

The provider of service will do his utmost to provide the contracted vessel but if unforeseeable circumstances arise and an acceptable alternative cannot be provided, the provider of service may find it necessary to cancel the lease before departure and in this case the provider of service will return all and any amount paid by customer on strength of this contract and then the provider of service will be under no further obligation or liability.

The agency intermediator cannot assume any responsibility for such cancellation towards the service provider.

 

2.13    Agency intermediator responsibility.

Article 24

In all eventual circumstances, agency intermediator is not obligated under any kind of responsibility towards provider of service or customer nor it can be legally responsible for any kind of eventual damages.

 

2.14    Legal obligation on insurance policies.

Article 25

Parties of this Agreement agree that the insurance policies that are applying on this Agreement are insurance policies number OV 0688008011 and OV 0688008006 from ADRIATIC OSIGURANJE d.d.

 

2.15    Conclusion to Agreement.

Article 26

The rules of the General Terms and Conditions shall apply to this agreement signed by the intermediary agency.

Article 27

Parties of this Agreement, by signing it, made acceptance to all articles of this Agreement.