GENERAL CONDITIONS
1. PRICE OF RENTAL SERVICES
Final price of services refers to the use of a chartered vessel. The price does not include ports and other taxes, as well as fuel costs.
2. TERMS OF PAYMENT
Vessels that provide accommodation services can be used only after payment has been made. 50% of the price of the accommodation service is paid at the time of reservation, while the remaining amount must be paid no later than 40 days before the start of the accommodation service; or otherwise if so defined by the contract or invoice. All additional services, as well as the deposit paid according to the price list, must be paid when boarding the vessel at the base.
3. TERMS OF CANCELLATION
If the user of the service for any reason withdraws from the use of our service, he can, with the prior agreement of the service provider, find another person who will take over his rights and obligations. If they don’t succeed, a cancellation fee will be charged as follows:
– for cancellation up to 40 days before the start of the rental service – 50% of the agreed price
– for cancellation within 40 days before the start of the service – 100% of the agreed price
– non-appearance or no cancellation within 24 hours before the start of the rental
– 100% of the agreed price plus cancellation fee
If the user of the service withdraws from the use of our services due to the stated reasons (death in the family, serious injury, war), he does not receive a refund of the money he has already paid. Instead, the service provider will provide them with another reservation of the same value during the period when the vessel is available in the current season or in the following season. In case of any differences in price, the contracting parties will agree on the payment by writing agreement, which means that a credit approval will be calculated that can be used within the agreed period.
The credit is calculated taking into account the difference between the canceled reservation and the subsequently confirmed reservation on the same vessel and on the same date. Trim Nautica calculates the cost of calculating the loan in the amount of EUR 100.00.
Trim Nautica is not responsible for any damage in case of changes or cancellations resulting from force majeure or natural force (war, riots, strikes, terrorist act, extraordinary sanitary conditions, natural disasters, interventions of the competent authorities..).
4. HANDOVER OF THE VESSEL AT BOARDING
Before arriving at the base, the user of the service is obliged to fill out the online crew list, which will be sent together with the boarding pass. The user of the service must have a valid boarding pass, fill out the crew list in advance and pay the booking fee in order to be allowed to board the vessel.
The service provider is obliged to hand over the vessel in good condition and equipped in accordance with Croatian laws and the vessel checklist. The vessel must be handed over with a full tank of fuel, at the agreed place and at the time specified in the price list, or otherwise agreed with the user of the service.
If the service user does not take over the vessel or does not notify the service provider of any delays 24 hours before the contracted rental, the service provider is authorized to terminate the reservation contract.
If, for any reason, the service provider is unable to make the reserved vessel available to the service user at the agreed time and place, the service provider can prepare another suitable vessel within 48 hours. In the event that the service provider does not obtain the mentioned replacement vessel within 48 hours, the user of the service can cancel the service of using the vessel and has the right to a refund of the money he paid for the charter services. However, the user of the service is not entitled to compensation of any kind of damage (eg reimbursement of travel expenses for arriving at the base, compensation for lost time, etc.).
When handing over the vessel, the service user is obliged to carefully inspect the condition of the vessel and equipment on the checklist. All deficiencies observed during this inspection must be entered into a checklist and confirmed by the service provider and the service user. By signing the checklist, the service user confirms that he has taken over the vessel with all the specified equipment and in proper condition, and that he accepts the vessel “as is” and takes full responsibility for the same. Any latent defects of the vessel or its equipment that the user of the service could not discover during handover, as well as defects that occurred after handover, do not entitle the user to a reduction in the price of the accommodation service.
If the service provider/vessel operator determines that the service user does not possess the skills necessary to operate the vessel, the service provider reserves the right to prohibit the vessel from leaving the base. In this case, the service provider will provide him with a skipper until the end of the lease (for a fee).
5. HANDOVER OF THE VESSEL AT THE END OF THE CHARTER
The time of handover of the boat upon returning to the base is defined by the reservation confirmation. In agreement with the service provider, the service user can specify a different time of disembarkation. The user of the service is obliged to return the vessel in good condition (empty the vessel of garbage) and with a full fuel tank. For intentionally leaving mess and garbage on board, the service provider has the right to charge the user of the service for additional cleaning in the amount of the transit log (can be charged from the deposit, in cash or by manual entry from credit cards at the POS terminal). If the user of the service handles the vessel after the end of the rental and spends the night on the vessel, and then it is determined that something is broken on the vessel or it is determined that something is missing from the vessel (equipment, etc.), a clogged black tank, etc., he has the right to charge the user damage (from deposit, cash or manual entry from credit card at POS terminal). The user of the service is obliged to inform the service provider of all defects on the vessel. The service provider is obliged to inspect and take over the vessel and inform the service user of any defects or damages that were not reported on the checklist. The user of the service is not responsible for any breakdowns or damage to the vessel caused by regular wear and tear of the equipment or as a direct result of defects listed on the checklist or as a result of force majeure. (eg lightning strike). The user of the service is obliged to settle all other damages in full in accordance with Article 7 of these Terms and Conditions.
If for any reason it is not possible to return the vessel at the agreed time, the base manager must be notified. In the event of a delay in the return of the vessel due to bad weather, the user of the service bears all costs incurred by the service provider due to this delay.
Because of the above, all service users are advised to plan a safe route. Users of the service must return to the marina in the evening hours of the day before disembarkation, unless otherwise specified in the rental agreement (short or extended rental terms).
6. INSURANCE
Each vessel is insured with compulsory third party liability insurance, voluntary insurance against damage to property owned by third parties, cask insurance according to the reported value of the vessel, and insurance of guests and passengers on the vessel against accidents. Casco insurance covers damages in excess of the amount of the deposit, except for damages caused intentionally or through gross negligence. The insurance is determined in accordance with the conditions determined by the insurer with whom the lessor insured the vessel.
The property of the lessee and the passenger on the vessel is not insured. The lessee and passengers do not have health insurance.
Any damage to the vessel, part of the vessel or equipment, as well as loss of part of the vessel or equipment, the lessee must immediately report to the lessor. In case of major accidents and maritime accidents, as well as when several vessels or persons participate in the harmful event, the lessee is obliged to report the event to the competent Harbor Master’s Office and conduct the entire procedure in accordance with the instructions of the competent authority and the lessor. The lessee bears full and exclusive responsibility for damages covered by the insurance policy, which were not immediately reported to the landlord, competent authorities, and the insurer, as well as damages for which all necessary documentation was not obtained and therefore not recognized by the insurer.
If the vessel or part of the vessel is damaged, the lessee is obliged to bear the costs in accordance with the existing conditions of comprehensive insurance only up to the amount of the deposit. If the vessel, part of the vessel or equipment is damaged or lost due to intentional action of the lessee or passengers, or due to their gross negligence, then the full amount of damages are bear by the lessee.
Damage to the engine caused by a lack of oil in the engine is not covered by insurance and for all costs and damage resulting from a lack of oil in the engine is bear by the lessee.
7. DEPOSIT
When handing over the vessel, it is necessary to pay a deposit according to the valid price list. The purpose of this deposit is to cover damages caused by any harmful event that occurred during the use of the vessel. The amount of the deposit is stated on the booking confirmation, and signing the checklist when picking up the boat is considered a confirmation of payment. By signing the checklist, the service user accepts the obligation to pay for all damages and deficiencies incurred during the use of the vessel. The service provider will charge any deficiencies or damages by deducting the actual cost of damages from the amount of the deposit. If it is not possible to determine the amount of damage, the service provider has the right to keep the entire amount of the deposit until the cost of damage is determined. If another vessel was involved in the adverse event, the service provider has the right to retain the full amount of the deposit until liability is established. The deposit is refunded in full if the vessel is returned undamaged and at the agreed time. A deposit must also be given if the service user decides to hire the services of a skipper. In case of gross negligence and / or loss of one or more parts or equipment of the vessel, all costs are bear by the service user.
If damage to the vessel is determined, the service user agrees that the damage is collected by the service provider by deducting the amount of damage from the received deposit, or by manually collecting the damage to the POS machine. For this purpose, the user of the service agrees to have his personal documents and credit card copied if the deposit is paid through the authorization of the POS device.
The service provider advises service users to insure their deposits with their representatives, i.e. to insure their deposits with the service provider in the database, in accordance with the price list valid on the day of concluding the policy.
The deposit can be paid in cash, credit card or deposit insurance. Deposit insurance does not cover: fuel, outboard engine and dinghy.
8. OBLIGATIONS OF THE SERVICE USERS
The user of the service undertakes to sail only in Croatian territorial waters. Exceptions to this rule can only be made with a special certificate or permit. It is not allowed to rent out the vessel or hand it over to a third party. It is also prohibited to board more people than indicated on the crew list, sailing at night in uncertain weather and violating legal regulations and provisions. The user of the service bears full responsibility for the consequences of the aforementioned actions. The user of the service, i.e. the vessel manager, must have the necessary license for navigation on the open sea, which includes a VHF license.
In the event of any malfunctions on the vessel or its equipment, the service user is obliged to immediately notify the service provider by calling one of the phone numbers listed in the vessel’s documentation.
The service provider undertakes to remedy the defect immediately upon receipt of the said notification. If the service provider manages to eliminate the defect within 48 hours, the service user is not entitled to compensation. If the vessel is no longer seaworthy through no fault of the service user, and the service provider is unable to rectify the fault or provide a replacement vessel within 48 hours, the service user may abandon the use of the vessel, in which case they are entitled to a refund corresponding to the length of time the vessel was used before landing.
If the vessel is seaworthy, and the technical failure that occurred does not require immediate intervention, the service provider will organize repairs as soon as possible or at the nearest service station.
If the service user damages the vessel or causes an accident due to which the vessel is no longer technically functional and seaworthy, and the service provider determines that the vessel is no longer seaworthy, then the service user must disembark from the vessel at the request of the service provider and is not entitled to any compensation or a replacement vessel. The user of the service undertakes to inform the authorized authorities and the service provider if the vessel itself or any of its equipment disappears, if the vessel is unmanageable or if the vessel is removed, seized or forbidden to sail by the authority’s state or a third party. If the user of the service does not comply with the stated obligations, he bears full responsibility towards the service provider for any consequences.
If an accident or harmful event occurs during the use of the accommodation service, the service user is obliged to inform the service provider about it.
If the user of the service is able to repair the damage on the spot, regardless of the responsibility for the damage, he is obliged to consult with the service provider beforehand.
If the service provider determines that the service user cannot operate the vessel due to ignorance, alcohol, narcotics, etc., the service provider may prohibit departure or, as a last resort, order disembarkation from the vessel and charge for any damage caused.
9. COMPLAINTS
The user of the service has the right to submit a written complaint. If the complaint relates to monetary claims against the service provider, only complaints submitted immediately upon return or at the end of the charter will be considered.
10. ARBITRATION
If disputes arise that cannot be resolved amicably, the court of the service provider in Zagreb is competent.
The user of the service confirms that he has read the General Terms and Conditions for renting a boat before the first payment, and fully agrees with them.