GENERAL TERMS AND CONDITIONS
Charterer is the company TRIM PROJEKT d.o.o. for nautical tourism, Bukovačka 20a, Zagreb, 10000, Tax No. OIB: 36015799958, which provides boat charter services. Charteree is the person who hires the boat and is authorized to operate the boat that is the subject of the Charter Agreement. Charteree is the person who is authorized to operate the vessel as evidenced by means of a valid document while signing the agreement. Charteree is obligated towards the Charterer to comply with all obligations arising from the Charter Agreement or in connection with this Agreement. The person referred to in the agreemeent who is authorized to operate the boat shall be subject to all provisions relating to the Charteree.
The general terms and conditions of the boat chartering apply to the mutual rights and obligations of the company TRIM PROJEKT d.o.o. as Charterer and service beneficiary as Charteree. The General Terms and Conditions are an integral part of the Charter Agreement between Charterer and Charteree and are equally legally binding on the both contracting parties. Both Charterer and the Charteree agree that these General Terms and Conditions, as well as the Charter Agreement shall be executed in good faith while respecting mutual rights and obligations and good business practices.
Charterer guarantees for the accuracy of data on the boats offered for chartering and for the correctness of the charter conditions, which are published in writing with the signature and stamp of Charterer or posted on the official site of the charterer trim-nautica.com.
Charterer shall not guarantee for the accuracy of the data on the boats and charter conditions published in some other way.
Charterer guarantees that only the photographs posted on his official website are the photographs of the boats offered for chartering and guarantees that these photographs represent the actual condition of the chartered boats. A detailed description of each boat is provided on the official website. A list of additional equipment on board is published on the official website for each boat and Charterer guarantees that the boat is fully equipped according to that list. Charteree must pay attention to all details of the boat he intends to hire while selecting a boat, as any potential later complaint by a guest relating to the condition of the boat, its characteristics or equipment is excluded and such complaints may not be the reason for seeking a replacement boat or claim of any form of compensation.
These General Terms and Conditions and the Charter Agreement are posted on the Charterer’s website and are available to Charteree at any times.
The Charter Agreement is concluded between Charterer and Charteree. All rights and obligations arising from the fulfilment of the contractual obligations shall be exercised between Charterer and Charteree.
The Charter Agreement is concluded between Charterer and Charteree at the time when a guest pays a down payment for one or several boats. From that moment, the provisions of the Charter Agreement and the provisions of these General Terms and Conditions shall apply to Charterer and Charteree. After the guest has paid the down payment, the guest shall be deemed to have been made familiar with the terms and conditions of the Charter Agreement and the provisions of the General Terms and Conditions.
When booking a boat, Charteree is obliged to provide all his/her information: full name and surname, address, date of birth, type and number of valid identification document. When making a reservation, Charteree must send a copy of the license for operating the vessel to clearly show the name of a person that is a license holder, validity term, and the category of a vessel for which the license was issued. If Charteree is not able to provide the information when making the reservation, he/she must do so within 8 days from the date of the reservation.
Boat charter prices are posted on the Charter’s official website. The charter prices are indicated for each boat separately. The boat charter price includes the charter of a boat with full fuel and water tanks, use of boats and all devices on the boat, mandatory and voluntary boat insurance, full boat coverage exceeding the value of the agreed deposit, and insurance of the Charteree and passengers from accident. The boat price includes the use of all devices and objects indicated in the list of the equipment which is posted on the Charterer’s official website for each boat. The boat charter price does not cover the costs of the marina, berthing charge, sojourn tax, as well as other fees and charges payable to the state administrative authorities or regional or local self-government departments or to the persons to whom these authorities have delegated their powers (concessionaires), fuel and water costs in tanks, health insurance for guest and passenger on board, and anything else that is not specifically determined to be included in the boat charter price. If the change is made to the boat charter price (to be higher or lower) after the deposit has been paid, the boat charter price applicable at the time when the boat was booked and down payment was paid shall apply both to Charteree and Charterer.
Charteree shall at the time of booking, pay the minimum down payment of 30% of the entire charter price (the boat charter increased by additional services agreed upon with a guest), that is, as much as it is indicated in the official offer so that the booking becomes binding on Charterer. The remaining amount to the amount of the entire charter shall be payable by the guest immediately before the charter itself. Regarding the booking made in a period less than 30 days before the start of the boat charter, the price of the service must be paid in full amount.
ENTITLEMENT OF THE GUEST TO CANCELLATION OF THE AGREEMENT
Charteree may cancel the Charter Agreement by e-mail or by registered mail. If Charteree cancels the Charter Agreement by e-mail, then it shall only be valid if Charterer has confirmed that he has received his email. Charterer shall send the confirmation about the receipt of the e-mail of Charteree by which he cancels the Agreement immediately after the receipt of the e-mail or no later than within 24 hours starting from the moment when Charteree sent him the email. Should Charteree fail to receive the Charterer’s confirmation, then the cancellation of the agreement shall not be considered valid. The date when Charterer received the cancellation of the agreement (the date indicated in the return receipt or the date of receipt of the e-mail (if there is a confirmation of the receipt) applies. The money paid for the reservation shall not be refunded, unless the agreement is cancelled for some justified case, such as a disease. In such a case in agreement with Charteree we shall not refund the money, but shall negotiate some other date and in this way we recognize the money he has paid for the reservation, but had to cancel it for a justified reason. The existence of the circumstance referred to in paragraph 1 of this Article must be proved by the guest by means of some authentic documents to be delivered to Charterer in original form and certified translation into the Croatian language.
When taking over the boat, Charteree shall leave the mandatory deposit with Charterer according to the applicable pricelist in cash and blank slip with the imprint of a guest’s credit card. The purpose of the mandatory deposit is the compensation for all damages occurred during the charter not covered by the insurance. The amount of the deposit equals the amount of the deductibles from the insurance policy. Upon the return of the boat, Charterer shall inspect the boat in the presence of Charteree. Should the boat be returned in normal condition and without any damage provided that no third party claims have been made from Charteree related to the use of a chartered boat, Charterer shall reimburse the full amount of the deposit if the deposit was left in cash or a blank slip with the imprint of his card if the deposit was left in the indicated way. In the event of any damage to the boat or part of its equipment, either by intent or negligence by Charteree, any costs incurred as a result of repair, replacement or purchase of the boat, a part of the boat or equipment shall be borne by Charteree and shall be collected from the deposit. If the damage caused in this way exceeds the sum of the deposit, Charteree shall compensate for the full amount of the damage.
TAKING OVER OF BOAT
The boat is normally taken over between 8 and 10 am in the charter base at an agreed location. If Charteree, without any prior notice, for no reason, fails to take over the boat even after 12 hours after the agreed takeover time, Charterer shall be authorized to terminate the Boat Charter Agreement unilaterally with no delay, while Charteree shall not be entitled to the refund of the amount paid, or any other kind of compensation. If Charterer for any reason whatsoever may not deliver the booked boat to Charteree within the agreed time, Charterer shall be entitled to make some other boat of the same of better features available to Charteree within 24 hours (starting from the time when the boat was to be delivered). Otherwise, Charteree may immediately terminate the agreement unilaterally and shall be entitled to the refund of all payments made to the Charterer’s account. If Charteree decides to wait for the replacement boat beyond 24 hours after the agreed time of takeover of the boat, then he can claim the amount equivalent to the value of the charter for the number of days that he could not use the boat, which is regulated by the Charterer’ s official pricelist. The Charterer’s liability for the payment of higher or any other amounts, except for those prescribed in the pricelist is excluded.
Charterer is obliged to hand over the boat fit for navigation, which means that the boat in normal condition, technically faultless, fully equipped according to the inventory list, with full fuel and water tanks.
Upon takeover of the boat, Charteree shall be obliged to check the general condition of the boat and the equipment and verify that the equipment on the boat complies with the inventory list. The guest confirms the foregoing by signing the inventory list. The guest may file the complaints about the general condition of the boat and the equipment and complaints about incompliance of the equipment with the inventory list only before the start of the voyage or chartering of the boat. Hidden faults and defects of the boat and/or the equipment which Charterer could not have known at the time when Charteree took over the boat as well as the defects or faults occurring after the handover of the boat and which Charterer could not have anticipated do not entitle Charteree to seek the reduction of the charter price. If a part of the boat, equipment or inventory was lost or damaged during the previous charter, and it cannot be repaired or a new boat cannot be acquired before embarkation, Charteree shall not be entitled to terminate the Charter Agreement or to seek a reduction in the price if the defect on the boat, equipment or inventory does not affect the safety of navigation.
The boat is to be handed over to Charteree with all documents necessary for chartering the boat (sailing license, concession license, compulsory and full coverage insurance policy). Charteree is obliged to keep all documents with special care and is obligated to return them when handing over the boat.
RETURN OF THE BOAT
Charteree shall return the vessel to the port where he took over the boat no later than 18.00 hours on the last day of the charter. Charteree is obliged to observe the weather conditions. Weather conditions are not a justified reason for incompliance with the agreed time of return of the boat for which reason Charteree is obliged to plan the voyage taking into account the weather conditions. Charteree is obliged to return the boat in the condition in which he has received it. Charteree is obliged to return the boat in normal and clean condition and cleaning shall not be speicifically charged to him. If a guest returns the boat untidy and dirty, the cleaning cost shall be charged to him from the deposit in the amount of EUR 30.00 in HRK equivalent on the day of payment at the medium exchange rate of the Croatian National Bank. Charteree shall be obliged to fill the full fuel tank at the gas station before handing over the boat. Upon returning the boat, Charterer shall replenish the fuel tank at the guest’s expense at the price at which Charteree has previously filled the fuel tank.
In case of exceeding the agreed date of return, the guest shall pay the amount of daily charter for the late return of up to three hours (the daily charter of the boat according to the official pricelist without discount).
In the event that Charteree for any reason returns the boat to a port which is not designated as the port of destination, Charteree shall pay Charterer all the costs of transfer to the port of destination, costs incurred by Charterer if for this reason handing over of the boat to some other guest was delayed, as well as the compensation for damages not covered by the insurance policy, which occurred during the transfer.
When handing over the boat, Charterer shall in the presence of Charteree check the general condition of the boat and the equipment and check the inventory found with the list of inventory signed by Charteree at the time of taking over the boat.
Charteree shall report to Charterer any damage to the boat, part of the boat, equipment or inventory as well as the loss of the parts of the boat, equipment or inventory. Charteree shall bear the responsibility for the damage occured as a result of the damage to the boat, part of the boat, equipment or inventory and as a result of loss of the parts of the boat, equipment or inventory, which damage occurred by intentional, careless or incorrect handling by the guest or some of the passangers on the boat. The damage so occurred shall be compensated from the deposit and if the amount of damage exceeds the amount of deposit and is not covered by insurance, Charterer shall seek the compensation of the damages to the full amount from Charteree.
Charterer undertakes to attend to rendering all of the services it is bound to render to the guest with the care of a prudent businessman and undertakes to take care of the rights and interests of Charteree in accordance with good business practices. Should the agreed services not be rendered to Charteree in the way as they were agreed, Charterer shall bear responsibility towards Charteree in the manner as described in more detail in these General Terms and Conditions. Charterer excludes its liability to Charteree if it is unable to provide all the agreed services in a way as they were agreed as a result of force mejeure (war, riot, strike, terrorism, ecological disaster, etc.).
In the event of a fault of the boat or the boat equipment resulting from the natural tear and wear of the boat or equipment, Charterer shall rectify the fault within 48 hours from the receipt of the Charteree’s notice. In this case, Charteree shall not be entitled to any compensation. If Charterer is unable, for any reason whatsoever, to eliminate the fault within 48 hours, Charteree shall be entitled to terminate the charter agreement and the refund of the rental fee for the number of days that he has not used the boat. In this case Charterer shall ensure the transfer for Charteree to the port of departure. For the cases referred to in paragraph 1 of this Article, any other Charterer’s liability shall be excluded.
Charteree undertakes that:
– He, as well as other passengers on board, will have valid travel documents. Costs incurred in connection with loss, damage or theft of documents during the voyage shall be borne by Charteree or the passenger.
– He will operate the boat, inventory and equipment conscientiously and with due care in the way how he would manage his own property and will act responsibly in every respect.
– He will not operate a boat under the influence of alcohol or drugs.
– He shall sail within the territories of the territorial waters of the Republic of Croatia.
– He shall not sail in the zones prohibited for navigation (military zones, etc.).
– He shall not sail and plan routes without studying the navigation charts and nautical guides, and in particular he shall not navigate the areas that have not been adequately investigated and are insufficiently covered by nautical maps.
– He shall carefully plan the route and not deviate from the route.
– He shall sail solely under safe weather conditions and at good visibility, and he shall avoid hazardous areas of navigation.
– He shall not leave the port or anchorage if the wind force exceeds 20 knots or the wind force is expected to be such or greater and he shall not leave the port or anchorage if the weather conditions are unstable or bad weather conditions are expected.
– He shall not leave the port or the anchorage if the boat or some important part of the equipment such as a engine, ropes, bilge pump, anchorage equipment, navigation lights, safety equipment are faulty.
– He shall not leave the port if the port authorities have prohibited the sailing or issued a ban on outbound sailing, if there is insufficient fuel and water supply, and if the health condition of a passenger is such that his life would be endangered by further sailing.
– He shall not use the boat for commercial purposes (transportation of persons or objects against the compensation), professional fishing, sailing school and everything else that equals the commercial purpose.
– He shall not subcharter the boat or assign it to a third party.
– He shall not let the number of persons on board that exceeds the envisaged number for that boat.
– He shall not participate in regattas or races, in any capacity, without the consent by Charterer.
– He shall not haul any other boat except in emergency and urgent situations.
– He shall take all preventive measures to avoid the situation that the chartered boat must haul some other boat. If such a situation arises, Charteree shall be obligated to take all security measures while waiting for the haulage, as well as other necessary actions, and shall immediately contact Charterer. The haulage price cannot be arranged by Charteree without the consent by Charterer, otherwise he or she shall bear the cost of such hauling.
– The guest, as well as other passengers on board, shall behave in accordance with the applicable laws and regulations of the Republic of Croatia, and in particular they shall comply with the regulations on fishing, underwater fishing as well as archeological artifacts, since none of the activities mentioned is allowed without the prior approval by the competent authorities.
– He agrees that Charterer can terminate the Boat Charter Agreement immediately if Charteree or one of the passengers has violated the provision of a law or other regulation of the Republic of Croatia. In this case, Charterer shall be entitled to take over the boat immediately and Charteree shall not be entitled to any compensation.
– Only Charteree or passenger on the boat shall be responsible for each committed violation or offense or criminal act in respect to the boat under charter, which would would be committed during the chartering and which would be the result of the deliberate act or omission of a guest or a passenger.
– Charteree shall assume all responsibility and compensate for all damages and expenses resulting from any diliberate action or omission of Charteree or a passenger for which Charterer is liable to third parties on any grounds.
– The Charteree’s liability for the damage caused, violation or criminal offense commited during the time of charter of the boat and in connection with the charter of the boat whose occurrence or perpetration was established after the end of the charter shall not cease after the end of the charter (the guest’s liability lasts until the final or non-appealable decision is rendered and till the end of the proceedings).
– In the event of an average of the boat, accident or any other exceptional occurrence, he shall record the course of the event and report it to Charterer immediately and submit a report of the maritime accident to the nearest Harbour Master’s Office and take all other necessary and prescribed actions as instructed by the competent authority or Charterer.
– In the event of the ship or equipment disappearance, inability to operate the boat, and in the event of confiscation or seizure of the boat, or in the event that prohibition measures were pronounced for the boat or Charteree in connection with sailing, he shall immediately notify Charter thereabout as well as the competent authorities and take all necessary actions according to the instructions of the competent authorities and/or Charterer.
– In the event of failure on a boat or ship equipment resulting from any natural tear and wear of a boat or the equipment, he shall immediately notify Charterer thereabout and shall follow its instructions.
– He shall fully compensate Charterer for any damage resulting from the Charteree’s fault or negligence which is not covered by the insurance and for which Charterer is liable to a third party.
– He shall assume the sole and complete responsibility in case that a competent authority seizes the boat for the reason of unlawful actions undertaken during the rental period (commercial fishing, antiquity removal). Charteree assumes exclusive and full responsibility towards the state competent authorities as well as towards Charterer for damages that would result from the described unlawful actions.
– He shall fill fuel in the prescribed manner at the places designated for it, and he shall dispose of the waste at places designated for that purpose. Charteree shall be responsible for the pollution of the sea that has occurred during the filling of the fuel as well as for the disposal of waste outside of the prescribed locations.
– He shall check the amount of oil in the engine on a daily basis. Charteree shall be solely responsible for any damage that would result from the lack of oil in the engine.
– He shall not place a pet on the board of the boat without the prior consent by Charterer.
– He shall anchor and dock only in ports and small ports that are safe, taking into account current and upcoming weather conditions.
– He shall bear full responsibility for the damage that would result from anchoring and docking in unsafe ports and small ports.
Charteree shall make all passengers indicated in the list of the crew familiar with the provisions of these General Terms and Conditions.
Charteree must have a valid boat license, which is the subject of the charter.
Besides, Charteree must possess necessary maritime knowledge and skills to operate a boat that is the subject of the charter.
Charteree shall be liable for all consequences of leaving the boat to unauthorized person to operate it.
Each boat is covered by a compulsory third party liability insurance, voluntary insurance against damages caused to the assets owned by third parties, full coverage according to the declared value of the boat, and accident insurance of a guest and a passenger on board. The insurance covers the damages over the amount of the deposit except for the damage caused by intent or gross negligence. The insurance is regulated by the conditions established by the insurer with which Charterer insured the boat.
The Charteree’s and passengers’ property on the boat is not insured. Charteree and passengers do not have health insurance.
Any damage to the boat, part of the boat or equipment, as well as the loss of a part of the boat or the equipment must be immediately notified by Charteree to Charterer. In the event of any major averages and maritime accidents and when several vessels or persons are involved in a harmful event, Chareree is obliged to report them to the competent Harbour Master’s Office and carry out the entire procedure in accordance with the instructions received from the competent body and Charterer and collect all necessary documentation for exercising the Insurer’s right. Damages covered by the insurance policy, which were not immediately reported to Charterer, the competent authorities and the insurer, as well as damages for which all the necessary documentation has not been obtained, which is why they were not recognized by the insurer, are fully and exclusively borne by Charteree.
If a boat or part of a boat is damaged, Chareteree shall bear the costs in accordance with the existing full coverage insurance terms only up to the amount of the deposit. If a boat, a part of a boat or the equipment is damaged or lost by intent or gross negligence of Charteree or passengers, then the damage shall be fully compensated by Charteree.
Damage to the engine caused by the lack of oil in the engine is not covered by the insurance and Charteree shall bear all costs and damages resulting from the lack of oil in the engine.
RESPONSIBILITY FOR COSTS INCURRED DURING THE BOAT CHARTER
Any damages or faults occurring or appearing while the boat was under the responsibility of Charteree and which are not related to the natural wear and tear of the boat shall be settled and rectified by Charteree. If the repair is to be carried out by Charteree, it is necessary to reach an agreement with Charterer about the technical justification of the repair needed as well as with the person who will perform the repair. All costs incurred due to unauthorized repair shall be borne by Charteree.
Any damages or faults occurring or appearing while the boat was under the responsibility of Charteree and which are related to the natural wear and tear of the boat shall be settled and rectified by Charterer. If the repair is to be carried out by Charteree, it is necessary to reach an agreement with Charterer about the technical and financial justification of the repair needed as well as with the person who will perform the repair. If the repair cannot be directly paid by Charterer, then such repair shall be settled and paid by Charteree who will be refunded for the entire amount after he delivers the receipt. All costs incurred due to unauthorized repair shall be borne by Charteree.
BREAKAGE AND DAMAGE
Charteree shall be obligated to inform Charterer about all breakage and damage immediately after their occurrence thereof regardless of the cause. If it is necessary to carry out certain works without delay, Charteree can also do so without the consent and instruction by Charterer. Otherwise, all costs incurred as a result of unauthorized repair or replacement shall be borne by Charteree.
LOSS OF PROPERTY
Charterer shall not be liable for the loss and/or damage to the assets of Charteree and other boat passangers as well as to any other assets left and stored on the boat or on the premises of Charterer. By signing the charter agreement, Charteree shall waive claims for damages referred to in paragraph 1 of this Article from Charterer.
Every Charteree has the right to complain if he considers the chartered services are incompletely and/or poorly executed. Charteree may only claim compensation if he submits a written complaint immediately upon return of the boat and encloses all relevant documentation and photographs. The written complaint must be signed by both Charteree and Charterer. Subsequently received complaints, as well as those submitted without the enclosed documentation shall not be considered by Charterer. Charterer must make a written decision on the received complaint within 15 days.
JURISDICTION OF COURT
In the event of any dispute, the Court in the registered seat of the Charterer shall have jurisdiction. The Croatian law shall apply to all relations between Charteree and Charterer.