marenauta.com
|
yachtcharter
eine neue Art und Weise um den zu Eleben meer
Allgemeine Bedingungen
GENERAL CONDITIONS
The following General Conditions are an integrant part of the contract of lease of vessels, concluded by MARENAUTA agency (hereinafter referred to as: the Lesser) and the lessee (hereinafter referred to as: the Lessee) and the owner of the vessels (hereinafter referred to as: the Owner). All data and conditions of the lease and of these General Conditions shall be binding for all parties, unless differently stated in the Contract.
CONCLUSION OF CONTRACT
Under this Contract the Lesser leases the specified vessel to the Lessee and undertakes not to lease the said vessel to any other person, for the same period.
The Lessee agrees to lease the said vessel and to pay, in conformity with the provisions of this Contract, the lease price, the down payment and any other expense agreed upon, within and not after the dates referred to in this Contract.
SPECIFICATIONS AND CHARACTERISTICS OF UNITS
The Lesser guarantees that the vessel, on delivery, shall have the characteristic and equipment as per technical description.
PRICE OF RENT
The lease price includes the following: use of the vessel with all equipment, the insurance in conformity with the conditions defined by the insurer with whom the Owner insured the vessel. The lease price does not include the expenses for the fuel, lubricating oil, water, electricity, harbour expenses, mooring and anchorage, customs and local taxes, piloting, cleaning expenses, remuneration for the Owner's/Lesser's crew and expenses deriving from the use of on-board radio and telephone devices.
Should it not be possible to define the expenses for the use of on-board radio and telephone devices upon termination of the lease, the expenses shall be paid on the basis of an evaluation made by the Owner and documented, in the shortest possible time.
BOOKING AND METHOD OF PAYMENT
The booking application is made online, by phone or via e-mail. The booking implies that the Lessee accepts the present General Conditions that, from that moment, become legally binding for the Lessee, the Lesser and the Owner.
When booking, the Lessee shall provide all data necessary to perform the booking procedure. To book the vessel it is necessary to make an advance payment according to the modality of payment chosen, whilst the balance should be made at least 30 days before the check-in date to Marenauta, under the modality of payment, stated hereinafter:
The methods of payment:
MODIFICATION OR CANCELLATION OF RESERVATION
Withdrawal notice or change of booking should be forwarded by the Lessee to the Lesser in writing (e-mail, fax or registered letter). As change of booking the change of the number and names of the passengers, or the change of the date of beginning/termination of the lease should be understood. The Lesser/Owner will try to satisfy the request. In the case it should not be possible to change the booking, the Lessee shall cancel the booking already confirmed, and the provisions stated hereinafter shall be applied. Cancellation expenses for lease booking definitely confirmed shall be calculated according to the date of reception of a written notice, as follows:
CAUTION
Before taking over the vessel, the Lessee shall pay to the Owner a compulsory security in cash or by credit card, as requested by the Owner. The security shall be returned to the Lessee entirely if the vessel is redelivered within the period agreed upon, with no damage and with a full fuel tank. Even in the case it has been agreed that the skipper service shall be provided by the Owner or Lesser, the Lessee has to pay security, if not differently stipulated.
The security does not cover damages caused by carelessness or by a non-professional navigation by the Lessee.
MISSED PAYMENTS
In the case of failure to make the advance payment, under the terms stated in this Contract, the Contract should be deemed terminated, and the Lesser shall have the right to claim the damages.
In the case of failure to pay the balance of the lease and/or payment of security under the convened terms and conditions, the Owner shall have the right to request the breach of the present Contract, simply by forwarding to the Lessee the written notice containing the complaint for failure and the statement of intent to apply the said right.
In that case the Owner shall have the right to keep all payments received, ask for amounts due when cancelling the contract, with the right of compensation of damages.
DELIVERY OF THE BOAT (by the conductor's)
The Owner undertakes to apply all necessary diligence in delivering the vessel to the Lessee in the harbour the said day, in sailing conditions as a whole, clean and in order, with the necessary equipment, supplies, tools and accessories, with full fuel and water tanks, as well as documents and safety appliances under the law.
Before starting the lease service, the Lessee must check the general state of the vessel and also check if the accessory and inventory list correspond to the actual state, he is also obliged to keep the said documents until the end of the lease.
In the case the Lessee wants to take over the vessel in a harbour different form the one convened, under an acceptable notice period, the Lesser can allow the transfer of the vessel at the expenses of the Lessee, and it is hereby confirmed that the lease shall start in the harbour and in the period stated in this contract.
DELAY IN DELIVERY (by the Owner)
In the case the Owner/the Lesser, for any reason not depending on force majeure, is not able to give the vessel to Lessee's disposal in the harbour and in the period convened, the Owner/the Lesser shall have the possibility:
RETURN (by the conductor to the Owner)
When lease ends, the vessel shall be redelivered by the Lessee to the Owner in the harbour and in the time convened, in the same use conditions taken over at the beginning of the contract, except for wearing off due to ordinary use of the vessel, free of any charge or limitation depending on the obligations taken over by the Lessee. In the case of damage to the vessel, to the furniture, on-board equipment and utensils, the Lessee undertakes to repay the Owner the damage done, pursuant to the price indicated in the check list. Should repair work be necessary at Lessee's expenses, the Lessee shall have to perform the work prior to delivery or shall, anyway, indemnify the Lesser for the time required to complete the work, in the case the time is longer that the period of duration of the contract of lease. The Owner shall deduce the above amounts from the security paid prior to departure. In the case the expenses relating to the lost or damaged parts or equipment of the vessel, are higher than the amount of security, the Owner shall require the remaining expenses from the Lessee. If the vessel is delivered in disorder or dirty, the Owner shall deduce cleaning expenses from security. The Owner shall, furthermore, full the fuel tank (in the case it is necessary) and the Lessee shall be charged for the fuel costs. The Lessee has to deliver the vessel in the previously agreed harbour and land before the lease period expires. An earlier delivery of the vessel shall not give the right to the Lessee to require any reimbursement, not even partial, of the lease price. If, for Lessee's fault, the vessel shall not be delivered under agreed terms and conditions, for the period of time exceeding the duration of the contract, the Owner has the right to get a sum amounting to three times the daily lease rate for every day (or period exceeding three hours) until the delivery is performed. If delay is longer than 24 hours, the Lessee has to indemnify the Owner for major damages suffered due to the impossibility to use the vessel and/or for the termination of the following contract and/or delay of delivery of the vessel to another user. If the Lessee decides to interrupt or terminate the cruise in a harbour different that that referred to in this Contract, the time required to take the vessel to the harbour of delivery, that should exceed the period of lease, shall be considered delay. The Lessee shall be charged also for transport or transfer expenses of the vessel to the harbour of delivery. The delay shall be justified in the case of force majeure only if the Lessee informs the Owner immediately.
EXTENSION OF PERIOD OF HIRE
If the Lessee wants to extend the period of lease, he has to come back to the agreed harbour, contact the Owner in due time and ask for a written permit for the new period and, possibly, agreed the harbour of delivery of the vessel. The amount due for the extension of the lease period of the vessel, shall be paid only by credit card or in cash.
INVENTORY OF EDGE
The Owner (or his representative) and the Lessee together, prior to delivery and redelivery of the vessel, have to draw minutes of the vessel's inventory and of consumption goods on board. The vessel shall be delivered with a full fuel tank and shall be redelivered at the same conditions. If the vessel is not redelivered with a full fuel tank, the information must be registered in the vessel's inventory when delivery is performed. If the vessel is redelivered with a tank that is not full, the fuel consumed shall be charged to the Lessee, on the basis of the hours the engine operation multiplied by a lump sum or, at client's discretion, deducted from the security, which will be left with the Lessee until the earliest convenience for fuel supply. Deficiencies and/or breakage, if any, found out at the moment of redelivery, shall be repaired or paid by the Lessee, at the price stated in the check list.
WAYS AND LIMITATIONS OF USE - PROHIBITIONS
Data about the Owner shall be forwarded to the Lessee before lease starts, together with other necessary information relating to the delivery of the vessel. If the Lessee does not intend to use Owner's of Lessee's skipper service, the Lessee shall state that he possesses all necessary licences to sail with the type of vessel leased, valid and in conformity with Croatian rules in force. Otherwise he shall state that the vessel will be operated by a crew member possessing all necessary licences in conformity with Croatian rules. The Lessee is obliged to use the vessel with particular care, according to technical characteristics contained in the sailing licence, as well as to use the vessel only for recreation, in safe and good harbours and landing-places, where the vessel can enter, stay and exit in complete security ( always floating), within the borders of Croatian maritime area (unless differently agreed with Marenauta and the Owner). That area shall, in no case, include nations involved in war conflicts, military operations, revolutions and civil unrests. The Lessee, particularly undertakes not to render lodging services or sublease the vessel to third parties, not to transport passengers and goods, practice any kind of trade, not to keep narcotics on board (not even for his own use), weapons or other objects and documents whose possession and/or keeping are not allowed by countries in which the vessel should sail. In the case of average and/or accident, the Lessee should register the dynamics of the accident or ask harbour authorities, a doctor or other authorised persons to issue a written certificate. The Lessee is obliged to inform the Owner immediately. In the case of disappearance of the vessel, impossibility to sail, seizure of the vessel or prohibition of sailing by authorities or other persons, the Lessee must inform the Owner. For actions not covered by insurance and/or performed out of negligence by the end user, actions for which the Owner is deemed responsible towards third parties, the Lessee shall compensate the Owner all material and legal expenses that might result from those actions and/or negligence.
The Owner shall request to the Lessee the compensation for all damages to the vessel, caused by Lessee's fault or negligence, not covered by insurance and also all possible expenses deriving from that action. The Lessee, moreover, shall not let on board more persons than allowed and shall not leave the mooring when navigation is forbidden by the competent Authority and/or when weather conditions of the sea and/or the state of the vessel are such as to endanger the security of the persons present on board and/or of the vessel itself. The vessel, without a written statement authorisation by the Owner, must not be used in regattas or other competitions, water sports that might endanger the integrity of the vessel itself. The Lessee and/or any other person staying on board are not allowed to keep animals on board, if not authorised by the Owner in writing. The Lessee undertakes especially: when cleaning the vessel outside or inside, not to use any material that might damage the vessel, to turn off the engine if the inclination angle exceeds 15 degrees, to sail with sails adequate to the strength of the wind in order to prevent any damage to the sails; to procure, if not supplied on board, detailed nautical maps of the navigation areas in the scales adequate for a correct navigation. The end user undertakes not to leave the harbour or mooring if the strength of the wind exceeds 30 knots or if weather forecasts announce wind of that strength, if the harbour master's office has forbidden sailing, until the damage to any vital part of the vessel as engine, sails, ropes, pump winch and anchor, lights, compass, safety devices etc. is repaired. The end user shall not leave the harbour or the mooring if not provided with a sufficient quantity of fuel and when the weather conditions or the state of the vessel are not safe. All expenses relating to the use and consumption of the vessel and in particular fuel, lubricating oil, water, electricity, costs and harbour duties, mooring and/or anchoring in private ports, possible radio and telephone expenses shall be borne by the Lessee. The Lessee undertakes to take care of the vessel, to keep accessories and the interior of the vessel in order and to redeliver the vessel clean and in excellent conditions. The Lessee, moreover, undertakes to perform usual maintenance activities and shall, therefore, be responsible for each and every damage occurring due to disregard of the said obligation. The Lessee shall reimburse to the Owner all expenses that the latter has to pay to third parties for illicit acts of the Lessee, and the Lessee, in that case, has no right to lodge a complaint. In the case the end user does not respect the said obligations, he is deemed personally responsible to the Owner and shall take over responsibility for all consequences. The end user is responsible of all violations of navigations rules and other rules, also after the period of use of the vessel expires.
LOSS, DAMAGE, REPAIRS AND ACCIDENTS
In the case of damage, average, accident, the Lessee has to inform the Owner immediately, and shall be able to continue sailing only if that will not worsen the damage or represent danger for the persons on board and the vessel. The Lessee is not allowed to make any repair, unless authorised by the Owner. Expenses of repairs are borne by the Lessee and shall be reimbursed to him only if the damage is not caused by his fault, as stated in this contract. To protect his rights the Owner, can keep the security, until responsibility is completely defined, and shall not be obliged to make up for any interest, damage or other. If average, with no responsibility of the Lessee, occurs to the engine, transmission, inverter, fixed commands and electricity, sails, batteries, alternator exclusively, average that might compromise the full use of the devices for more than 12 hours, excluding the first night after the average, the Owner is only obliged to let the Lessee to make up for the hours not used, but with no change to the date of expiration of the contract. That excludes any other form of indemnity and/or reward. The hours shall be made up for at Owner's discretion, at the end of the lease period, or through a credit note in favour of the following leases. Pecuniary reimbursement is expressively excluded. It is hereby specified that that warranty is given only as a hypothesis if the average occurs in the section of the sea between the cruising area and it is therefore implied that the warranty is excluded any time the average occurs in a section of the sea different from the cruising area. No repair and assistance may be required by the Lessee in a period of time different form 8.00 a.m. to 10.00 p.m. It is hereby implied that repair and assistance costs that can not be deemed responsibility of the Owner, as under this contract, shall be borne by the Lessee at normal prices, namely market prices, for work hours spent. The costs of the material shall also be borne by the Lessee. It is repeated that the above warranty shall not be applied namely no lost hours of the lease shall be made up for and the Lessee shall have no right to reimbursement and/or repayment the averages on: eco-sounder, log, refrigerator, pressure cooker, tender, outboard engine, anchor winch - both electrical and manual, stereo and any other device or inventory not referred to in the second paragraph of this article. All possible reimbursement requests, assuming that they are accepted, shall be made by the Lessee directly to the Owner when redelivering the vessel or, anyway, the same day. If that period expires or if the request is made to a person different from the Owner, it means that the Lessee has no right to reimbursement.
FORCE MAJEURE
Under this contract as "force majeure" the following, only as explanation but not limitation, shall be understood: any cause deriving from actions, fact, events, failures, accidents above the reasonable control of the Lessee, Owner or skipper (including but not limited to strikes, lock-outs or other company disputes, unrests, riots invasions, war, fire, explosion, sabotage, piracy, storm, collision, stranding or other sea accidents).
FEES FOR SERVICE, RESCUE AND RECOVERY
The reward for rescue, tugging, salvage operations and any other kind of help or aid given by the vessel during the life of this contract (at least the share pertaining to the Skipper, lease rate not used by the Lessee, damages suffered by the vessel, all expenses borne by the Owner or the Lessee, including legal and material costs, costs for the fuel consumed during salvage operations), shall be borne in equal parts by the Owner and the Lessee.
All actions taken and measures adopted by the Owner to get the help or salvage reward, shall be binding both for the Lessee and the Skipper.
REQUEST FOR TRAILER/SERVICE
The Lessee and/or the Skipper shall be directly responsible for the obligations deriving from tugging/assistance operations requested by other vessels, except for the cases of real danger for persons staying on board and for the integrity of the vessel that, in no case, shall result form actions and/or failures of the Lessee and/or Skipper.
BAD WEATHER
The Lessee/the Owner does not take any responsibility for departure delays or interruptions of the cruising due to unfavourable weather conditions or contrary to the instructions given by Harbour Authorities. In those cases, the contract starts anyway, although it will not be possible to start sailing.
MAINTENANCE
The Owner is obliged to see to all repairs caused by force majeure or wearing out due to normal use of the vessel, according to the agreed use, and also to repairs deriving from hidden defects of the vessel and of parts of the vessel. The Lessee, on the other hand, is obliged to see to regular maintenance (oil change, care of the engine, batteries, winch, sails etc.) in order to keep the vessel in the operational conditions and seaworthiness, namely in the same conditions as those the moment the vessel was taken over. The Lessee may perform urgent or undeferrable repairs, and get the expenses reimbursed if those repairs pertain to the Owner, only if authorised in writing by the Owner.
CONTROL UNITS
When booking the vessel, the Lessee shall warranty that at least one person authorised to conduct the vessel is present on board (valid Sailing Licence). Appointment of the Skipper is subject to Owner's approval. The Owner or a person representing the Owner shall have the right to ask the Skipper evidence of his skills. Should the knowledge and the skill of the said person be deemed improper for the type of leased vessel, for the safety of the vessel and of the passengers, the Owner or a person representing him can ask the Lessee to replace the Skipper. In the case of dispute, the final decision shall be taken by the Harbour Master's Office, and no objection shall be allowed to the decision. The Skipper, if different from the Lessee, shall also sign this contract. The Skipper takes over all obligations deriving from the present contract, in addition to those foreseen by the law.
DUTIES OF THE MASTER
The Skipper shall, in particular, accept instructions of the Maritime Authority when the latter forbids sailing for any reason (bad weather, danger of the area etc.). If the vessel is anchored close to the coast, the Skipper shall make sure that the vessel is never left without control adequate to the situation and place. The Skipper has to register in the log arrivals and departures form the harbours, weather conditions, and daily hours of navigation with the propulsion of the engine. The Skipper, the Lessee and his guests undertake to respect all laws of the country in which the vessel will sail, including rules relating to customs declarations, provisions of port/customs authorities and rules regulating fishing (spear-fishing inclusive). Should the lease contract last for more than 10 days, the Skipper shall have to inform (by phone, fax, telex or telegram) the Owner or a person representing the Owner, every seven days the position of the vessel. The Skipper shall also have to inform (via the said media) the Owner or the person representing the Owner about accidents, averages, damages anomalies occurred on board the vessel. In the case the Skipper was appointed by the Lessee/the Owner on request of the Lessee, it is hereby expressly stated that the Owner gives only the contact between the Lessee and the Skipper, and the Owner is completely out of the work relationship by the Lessee and the Skipper; according to the usage, the meals of the skipper are completely provided by the Lessee. If the Lessee and the Skipper are two different persons, the Skipper shall be responsible exclusively to the Owner for any possible damage or averages relating to his specific duties as specified in the beginning of this article; for all the rest the Lessee shall be responsible.
PERSONAL DOCUMENTS
The Lessee undertakes to check, when starting the cruise, whether all persons sailing on the vessel possess a passport or necessary documents and visas, and also to fill out and to hand in to the Owner the complete crew list, indicating their personal data, as required by security forces.
RESPONSIBILITY FOR MINORS
If there minors on board, the Lessee shall be fully responsible for their safety and behaviour.
HEALTH OF THE CONDUCTOR AND HIS GUEST
The vessel, for its nature and structure, could be inadequate for handicapped persons or persons needing medical care. Setting his signature on this contract, the Lessee warranties that he himself, his guests and the Skipper are in good health before going on board.
INSURANCE
During the lease period the Owner expressly undertakes to insure and keep the vessel insured against ordinary risks of navigation, so that the Lessee is lifted from any responsibility for any average or damage to the vessel or to third parties, except for legal limitations and security and whatever not covered by insurance. The owner shall, also, stipulate with a primary insurance company a separate insurance policy covering contractual and tort liability towards third parties deriving from navigation of the vessel, as well as risk insurance for passengers. The Lessee should, before departure, have an insight into the copies of all policies. If the Lessee should deem insufficient maximum amounts of contractual and tort liability, the Lessee has to inform the Owner in writing, who shall be obliged to extend the coverage to reach the amounts required, but in that case expenses shall be borne by the Lessee. The Lessee shall, anyway, borne the expenses for improperly insurance values, franchise and damages not paid by the insurer caused by action or fault of the Lessee himself, and/or his guests and/or Skipper. All damages and/or looses covered by the insurance policy shall be immediately reported to the Owner's representative. Damages covered by the insurance policy, but not reported immediately to the Owner, shall not be accepted under the policy. In that case the end user shall be deemed personally responsible for all damages deriving from failing or delaying to report them.
RESPONSIBILITIES OF OWNER AND LESSOR
If, for any cause, except for cases of force majeure, for which the Lessee is not responsible, but for which the Lesser/Owner is responsible, the vessel can not be used, the Lesser/Owner undertakes to provide a vessel with equal or better characteristics and at the same price of the vessel originally agreed. If the Lesser/Owner is not able to assure and adequate alternative, the Lessee may ask the reimbursement of part of the amount paid, relating to the days the vessel could not be used. The Lessee has no right to any other indemnification, besides the one said hereinbefore.
COMPLAINTS
The Lessee has to lodge a complaint with the representative of the Lesser/Owner, for the service deemed inadequate the day of the arrival and to inform the Lesser/Owner by e-mail or phone. The Lessee has to co-operate with the Owner or with the Lesser in bona fide in order to eliminate the cause of the complaint. If the Lessee does not accept the solution proposed on the spot, the Lesser and the Owner are not obliged to accept further complaints. Only claims and complaints done in writing when redelivering the vessel (check-out) shall be taken into consideration, countersigned by the representative of the Lesser/Owner.
ARBITRATION
The Lessee, the Owner and the Lesser undertake to solve by mutual agreement all possible disputes arising from the execution of this Contract. If that shall not be possible, all disputes arising in relation to this Contract, including those inherent to its validity, interpretation, execution and breach, shall be solved before the competent Croatian law court.
WATER AGENCY / TOUR OPERATOR / STAFF
The Lesser "Marenauta", has the right to sign the present contract on behalf and stead of the Owner. This right shall, in no case be deemed an authorisation to represent the Owner, and makes binding the validity of the contract between the Lesser and the Owner, the respect of all rules and restrictions under the contract and the navigation code particularly the confirmation of the order forwarded by the Owner to the Lesser before signing the contract, This contract, signed by the Lesser is valid, only if the confirmation of the order is attached, confirmation that is to be forwarded by electronic devices to the booking office of the Owner, indicating the dates and the agreed price.
The following General Conditions are an integrant part of the contract of lease of vessels, concluded by MARENAUTA agency (hereinafter referred to as: the Lesser) and the lessee (hereinafter referred to as: the Lessee) and the owner of the vessels (hereinafter referred to as: the Owner). All data and conditions of the lease and of these General Conditions shall be binding for all parties, unless differently stated in the Contract.
CONCLUSION OF CONTRACT
Under this Contract the Lesser leases the specified vessel to the Lessee and undertakes not to lease the said vessel to any other person, for the same period.
The Lessee agrees to lease the said vessel and to pay, in conformity with the provisions of this Contract, the lease price, the down payment and any other expense agreed upon, within and not after the dates referred to in this Contract.
SPECIFICATIONS AND CHARACTERISTICS OF UNITS
The Lesser guarantees that the vessel, on delivery, shall have the characteristic and equipment as per technical description.
PRICE OF RENT
The lease price includes the following: use of the vessel with all equipment, the insurance in conformity with the conditions defined by the insurer with whom the Owner insured the vessel. The lease price does not include the expenses for the fuel, lubricating oil, water, electricity, harbour expenses, mooring and anchorage, customs and local taxes, piloting, cleaning expenses, remuneration for the Owner's/Lesser's crew and expenses deriving from the use of on-board radio and telephone devices.
Should it not be possible to define the expenses for the use of on-board radio and telephone devices upon termination of the lease, the expenses shall be paid on the basis of an evaluation made by the Owner and documented, in the shortest possible time.
BOOKING AND METHOD OF PAYMENT
The booking application is made online, by phone or via e-mail. The booking implies that the Lessee accepts the present General Conditions that, from that moment, become legally binding for the Lessee, the Lesser and the Owner.
When booking, the Lessee shall provide all data necessary to perform the booking procedure. To book the vessel it is necessary to make an advance payment according to the modality of payment chosen, whilst the balance should be made at least 30 days before the check-in date to Marenauta, under the modality of payment, stated hereinafter:
The methods of payment:
- 50% (unless specified otherwise) of the lease price, to Marenauta on confirming the booking
- 50% (unless specified otherwise) of the lease price paid 30 days before the check-in date to Marenauta, by means current account, pay pal or remittance.
MODIFICATION OR CANCELLATION OF RESERVATION
Withdrawal notice or change of booking should be forwarded by the Lessee to the Lesser in writing (e-mail, fax or registered letter). As change of booking the change of the number and names of the passengers, or the change of the date of beginning/termination of the lease should be understood. The Lesser/Owner will try to satisfy the request. In the case it should not be possible to change the booking, the Lessee shall cancel the booking already confirmed, and the provisions stated hereinafter shall be applied. Cancellation expenses for lease booking definitely confirmed shall be calculated according to the date of reception of a written notice, as follows:
- if the end user cancels the booking within 30 days prior to the use of the service, the Lesser shall keep 50% of the amount of the lease;
- if the cancellation notice is forwarded in a period shorter than 30 days prior to the service, the Lesser has the right to keep or ask for the whole amount if the Lessee and his crew, for any reason, renounce to use the lease;
- if the Lessee cancels the service after taking over the vessel, the Lesser shall keep the whole amount of the lease service and the expenses possibly deriving from a partial use of the service.
CAUTION
Before taking over the vessel, the Lessee shall pay to the Owner a compulsory security in cash or by credit card, as requested by the Owner. The security shall be returned to the Lessee entirely if the vessel is redelivered within the period agreed upon, with no damage and with a full fuel tank. Even in the case it has been agreed that the skipper service shall be provided by the Owner or Lesser, the Lessee has to pay security, if not differently stipulated.
The security does not cover damages caused by carelessness or by a non-professional navigation by the Lessee.
MISSED PAYMENTS
In the case of failure to make the advance payment, under the terms stated in this Contract, the Contract should be deemed terminated, and the Lesser shall have the right to claim the damages.
In the case of failure to pay the balance of the lease and/or payment of security under the convened terms and conditions, the Owner shall have the right to request the breach of the present Contract, simply by forwarding to the Lessee the written notice containing the complaint for failure and the statement of intent to apply the said right.
In that case the Owner shall have the right to keep all payments received, ask for amounts due when cancelling the contract, with the right of compensation of damages.
DELIVERY OF THE BOAT (by the conductor's)
The Owner undertakes to apply all necessary diligence in delivering the vessel to the Lessee in the harbour the said day, in sailing conditions as a whole, clean and in order, with the necessary equipment, supplies, tools and accessories, with full fuel and water tanks, as well as documents and safety appliances under the law.
Before starting the lease service, the Lessee must check the general state of the vessel and also check if the accessory and inventory list correspond to the actual state, he is also obliged to keep the said documents until the end of the lease.
In the case the Lessee wants to take over the vessel in a harbour different form the one convened, under an acceptable notice period, the Lesser can allow the transfer of the vessel at the expenses of the Lessee, and it is hereby confirmed that the lease shall start in the harbour and in the period stated in this contract.
DELAY IN DELIVERY (by the Owner)
In the case the Owner/the Lesser, for any reason not depending on force majeure, is not able to give the vessel to Lessee's disposal in the harbour and in the period convened, the Owner/the Lesser shall have the possibility:
- to deliver another vessel of analogue characteristics within 48 (forty-eight) hours, and shall be obliged to reimburse to the Lessee the amount of daily lease for the unused lease. Should the delay be longer that the above said period, the Lessee has the right as follows: break the present Contract, by informing the Owner in writing within the following 24 hours: in that case the Owner shall have to give back the amounts collected from the Lessee with the accrued interests
- confirm the lease; in that case the lease starts from the moment of taking over the vessel, but with no change relating to the end of the contract, if not otherwise convened.
RETURN (by the conductor to the Owner)
When lease ends, the vessel shall be redelivered by the Lessee to the Owner in the harbour and in the time convened, in the same use conditions taken over at the beginning of the contract, except for wearing off due to ordinary use of the vessel, free of any charge or limitation depending on the obligations taken over by the Lessee. In the case of damage to the vessel, to the furniture, on-board equipment and utensils, the Lessee undertakes to repay the Owner the damage done, pursuant to the price indicated in the check list. Should repair work be necessary at Lessee's expenses, the Lessee shall have to perform the work prior to delivery or shall, anyway, indemnify the Lesser for the time required to complete the work, in the case the time is longer that the period of duration of the contract of lease. The Owner shall deduce the above amounts from the security paid prior to departure. In the case the expenses relating to the lost or damaged parts or equipment of the vessel, are higher than the amount of security, the Owner shall require the remaining expenses from the Lessee. If the vessel is delivered in disorder or dirty, the Owner shall deduce cleaning expenses from security. The Owner shall, furthermore, full the fuel tank (in the case it is necessary) and the Lessee shall be charged for the fuel costs. The Lessee has to deliver the vessel in the previously agreed harbour and land before the lease period expires. An earlier delivery of the vessel shall not give the right to the Lessee to require any reimbursement, not even partial, of the lease price. If, for Lessee's fault, the vessel shall not be delivered under agreed terms and conditions, for the period of time exceeding the duration of the contract, the Owner has the right to get a sum amounting to three times the daily lease rate for every day (or period exceeding three hours) until the delivery is performed. If delay is longer than 24 hours, the Lessee has to indemnify the Owner for major damages suffered due to the impossibility to use the vessel and/or for the termination of the following contract and/or delay of delivery of the vessel to another user. If the Lessee decides to interrupt or terminate the cruise in a harbour different that that referred to in this Contract, the time required to take the vessel to the harbour of delivery, that should exceed the period of lease, shall be considered delay. The Lessee shall be charged also for transport or transfer expenses of the vessel to the harbour of delivery. The delay shall be justified in the case of force majeure only if the Lessee informs the Owner immediately.
EXTENSION OF PERIOD OF HIRE
If the Lessee wants to extend the period of lease, he has to come back to the agreed harbour, contact the Owner in due time and ask for a written permit for the new period and, possibly, agreed the harbour of delivery of the vessel. The amount due for the extension of the lease period of the vessel, shall be paid only by credit card or in cash.
INVENTORY OF EDGE
The Owner (or his representative) and the Lessee together, prior to delivery and redelivery of the vessel, have to draw minutes of the vessel's inventory and of consumption goods on board. The vessel shall be delivered with a full fuel tank and shall be redelivered at the same conditions. If the vessel is not redelivered with a full fuel tank, the information must be registered in the vessel's inventory when delivery is performed. If the vessel is redelivered with a tank that is not full, the fuel consumed shall be charged to the Lessee, on the basis of the hours the engine operation multiplied by a lump sum or, at client's discretion, deducted from the security, which will be left with the Lessee until the earliest convenience for fuel supply. Deficiencies and/or breakage, if any, found out at the moment of redelivery, shall be repaired or paid by the Lessee, at the price stated in the check list.
WAYS AND LIMITATIONS OF USE - PROHIBITIONS
Data about the Owner shall be forwarded to the Lessee before lease starts, together with other necessary information relating to the delivery of the vessel. If the Lessee does not intend to use Owner's of Lessee's skipper service, the Lessee shall state that he possesses all necessary licences to sail with the type of vessel leased, valid and in conformity with Croatian rules in force. Otherwise he shall state that the vessel will be operated by a crew member possessing all necessary licences in conformity with Croatian rules. The Lessee is obliged to use the vessel with particular care, according to technical characteristics contained in the sailing licence, as well as to use the vessel only for recreation, in safe and good harbours and landing-places, where the vessel can enter, stay and exit in complete security ( always floating), within the borders of Croatian maritime area (unless differently agreed with Marenauta and the Owner). That area shall, in no case, include nations involved in war conflicts, military operations, revolutions and civil unrests. The Lessee, particularly undertakes not to render lodging services or sublease the vessel to third parties, not to transport passengers and goods, practice any kind of trade, not to keep narcotics on board (not even for his own use), weapons or other objects and documents whose possession and/or keeping are not allowed by countries in which the vessel should sail. In the case of average and/or accident, the Lessee should register the dynamics of the accident or ask harbour authorities, a doctor or other authorised persons to issue a written certificate. The Lessee is obliged to inform the Owner immediately. In the case of disappearance of the vessel, impossibility to sail, seizure of the vessel or prohibition of sailing by authorities or other persons, the Lessee must inform the Owner. For actions not covered by insurance and/or performed out of negligence by the end user, actions for which the Owner is deemed responsible towards third parties, the Lessee shall compensate the Owner all material and legal expenses that might result from those actions and/or negligence.
The Owner shall request to the Lessee the compensation for all damages to the vessel, caused by Lessee's fault or negligence, not covered by insurance and also all possible expenses deriving from that action. The Lessee, moreover, shall not let on board more persons than allowed and shall not leave the mooring when navigation is forbidden by the competent Authority and/or when weather conditions of the sea and/or the state of the vessel are such as to endanger the security of the persons present on board and/or of the vessel itself. The vessel, without a written statement authorisation by the Owner, must not be used in regattas or other competitions, water sports that might endanger the integrity of the vessel itself. The Lessee and/or any other person staying on board are not allowed to keep animals on board, if not authorised by the Owner in writing. The Lessee undertakes especially: when cleaning the vessel outside or inside, not to use any material that might damage the vessel, to turn off the engine if the inclination angle exceeds 15 degrees, to sail with sails adequate to the strength of the wind in order to prevent any damage to the sails; to procure, if not supplied on board, detailed nautical maps of the navigation areas in the scales adequate for a correct navigation. The end user undertakes not to leave the harbour or mooring if the strength of the wind exceeds 30 knots or if weather forecasts announce wind of that strength, if the harbour master's office has forbidden sailing, until the damage to any vital part of the vessel as engine, sails, ropes, pump winch and anchor, lights, compass, safety devices etc. is repaired. The end user shall not leave the harbour or the mooring if not provided with a sufficient quantity of fuel and when the weather conditions or the state of the vessel are not safe. All expenses relating to the use and consumption of the vessel and in particular fuel, lubricating oil, water, electricity, costs and harbour duties, mooring and/or anchoring in private ports, possible radio and telephone expenses shall be borne by the Lessee. The Lessee undertakes to take care of the vessel, to keep accessories and the interior of the vessel in order and to redeliver the vessel clean and in excellent conditions. The Lessee, moreover, undertakes to perform usual maintenance activities and shall, therefore, be responsible for each and every damage occurring due to disregard of the said obligation. The Lessee shall reimburse to the Owner all expenses that the latter has to pay to third parties for illicit acts of the Lessee, and the Lessee, in that case, has no right to lodge a complaint. In the case the end user does not respect the said obligations, he is deemed personally responsible to the Owner and shall take over responsibility for all consequences. The end user is responsible of all violations of navigations rules and other rules, also after the period of use of the vessel expires.
LOSS, DAMAGE, REPAIRS AND ACCIDENTS
In the case of damage, average, accident, the Lessee has to inform the Owner immediately, and shall be able to continue sailing only if that will not worsen the damage or represent danger for the persons on board and the vessel. The Lessee is not allowed to make any repair, unless authorised by the Owner. Expenses of repairs are borne by the Lessee and shall be reimbursed to him only if the damage is not caused by his fault, as stated in this contract. To protect his rights the Owner, can keep the security, until responsibility is completely defined, and shall not be obliged to make up for any interest, damage or other. If average, with no responsibility of the Lessee, occurs to the engine, transmission, inverter, fixed commands and electricity, sails, batteries, alternator exclusively, average that might compromise the full use of the devices for more than 12 hours, excluding the first night after the average, the Owner is only obliged to let the Lessee to make up for the hours not used, but with no change to the date of expiration of the contract. That excludes any other form of indemnity and/or reward. The hours shall be made up for at Owner's discretion, at the end of the lease period, or through a credit note in favour of the following leases. Pecuniary reimbursement is expressively excluded. It is hereby specified that that warranty is given only as a hypothesis if the average occurs in the section of the sea between the cruising area and it is therefore implied that the warranty is excluded any time the average occurs in a section of the sea different from the cruising area. No repair and assistance may be required by the Lessee in a period of time different form 8.00 a.m. to 10.00 p.m. It is hereby implied that repair and assistance costs that can not be deemed responsibility of the Owner, as under this contract, shall be borne by the Lessee at normal prices, namely market prices, for work hours spent. The costs of the material shall also be borne by the Lessee. It is repeated that the above warranty shall not be applied namely no lost hours of the lease shall be made up for and the Lessee shall have no right to reimbursement and/or repayment the averages on: eco-sounder, log, refrigerator, pressure cooker, tender, outboard engine, anchor winch - both electrical and manual, stereo and any other device or inventory not referred to in the second paragraph of this article. All possible reimbursement requests, assuming that they are accepted, shall be made by the Lessee directly to the Owner when redelivering the vessel or, anyway, the same day. If that period expires or if the request is made to a person different from the Owner, it means that the Lessee has no right to reimbursement.
FORCE MAJEURE
Under this contract as "force majeure" the following, only as explanation but not limitation, shall be understood: any cause deriving from actions, fact, events, failures, accidents above the reasonable control of the Lessee, Owner or skipper (including but not limited to strikes, lock-outs or other company disputes, unrests, riots invasions, war, fire, explosion, sabotage, piracy, storm, collision, stranding or other sea accidents).
FEES FOR SERVICE, RESCUE AND RECOVERY
The reward for rescue, tugging, salvage operations and any other kind of help or aid given by the vessel during the life of this contract (at least the share pertaining to the Skipper, lease rate not used by the Lessee, damages suffered by the vessel, all expenses borne by the Owner or the Lessee, including legal and material costs, costs for the fuel consumed during salvage operations), shall be borne in equal parts by the Owner and the Lessee.
All actions taken and measures adopted by the Owner to get the help or salvage reward, shall be binding both for the Lessee and the Skipper.
REQUEST FOR TRAILER/SERVICE
The Lessee and/or the Skipper shall be directly responsible for the obligations deriving from tugging/assistance operations requested by other vessels, except for the cases of real danger for persons staying on board and for the integrity of the vessel that, in no case, shall result form actions and/or failures of the Lessee and/or Skipper.
BAD WEATHER
The Lessee/the Owner does not take any responsibility for departure delays or interruptions of the cruising due to unfavourable weather conditions or contrary to the instructions given by Harbour Authorities. In those cases, the contract starts anyway, although it will not be possible to start sailing.
MAINTENANCE
The Owner is obliged to see to all repairs caused by force majeure or wearing out due to normal use of the vessel, according to the agreed use, and also to repairs deriving from hidden defects of the vessel and of parts of the vessel. The Lessee, on the other hand, is obliged to see to regular maintenance (oil change, care of the engine, batteries, winch, sails etc.) in order to keep the vessel in the operational conditions and seaworthiness, namely in the same conditions as those the moment the vessel was taken over. The Lessee may perform urgent or undeferrable repairs, and get the expenses reimbursed if those repairs pertain to the Owner, only if authorised in writing by the Owner.
CONTROL UNITS
When booking the vessel, the Lessee shall warranty that at least one person authorised to conduct the vessel is present on board (valid Sailing Licence). Appointment of the Skipper is subject to Owner's approval. The Owner or a person representing the Owner shall have the right to ask the Skipper evidence of his skills. Should the knowledge and the skill of the said person be deemed improper for the type of leased vessel, for the safety of the vessel and of the passengers, the Owner or a person representing him can ask the Lessee to replace the Skipper. In the case of dispute, the final decision shall be taken by the Harbour Master's Office, and no objection shall be allowed to the decision. The Skipper, if different from the Lessee, shall also sign this contract. The Skipper takes over all obligations deriving from the present contract, in addition to those foreseen by the law.
DUTIES OF THE MASTER
The Skipper shall, in particular, accept instructions of the Maritime Authority when the latter forbids sailing for any reason (bad weather, danger of the area etc.). If the vessel is anchored close to the coast, the Skipper shall make sure that the vessel is never left without control adequate to the situation and place. The Skipper has to register in the log arrivals and departures form the harbours, weather conditions, and daily hours of navigation with the propulsion of the engine. The Skipper, the Lessee and his guests undertake to respect all laws of the country in which the vessel will sail, including rules relating to customs declarations, provisions of port/customs authorities and rules regulating fishing (spear-fishing inclusive). Should the lease contract last for more than 10 days, the Skipper shall have to inform (by phone, fax, telex or telegram) the Owner or a person representing the Owner, every seven days the position of the vessel. The Skipper shall also have to inform (via the said media) the Owner or the person representing the Owner about accidents, averages, damages anomalies occurred on board the vessel. In the case the Skipper was appointed by the Lessee/the Owner on request of the Lessee, it is hereby expressly stated that the Owner gives only the contact between the Lessee and the Skipper, and the Owner is completely out of the work relationship by the Lessee and the Skipper; according to the usage, the meals of the skipper are completely provided by the Lessee. If the Lessee and the Skipper are two different persons, the Skipper shall be responsible exclusively to the Owner for any possible damage or averages relating to his specific duties as specified in the beginning of this article; for all the rest the Lessee shall be responsible.
PERSONAL DOCUMENTS
The Lessee undertakes to check, when starting the cruise, whether all persons sailing on the vessel possess a passport or necessary documents and visas, and also to fill out and to hand in to the Owner the complete crew list, indicating their personal data, as required by security forces.
RESPONSIBILITY FOR MINORS
If there minors on board, the Lessee shall be fully responsible for their safety and behaviour.
HEALTH OF THE CONDUCTOR AND HIS GUEST
The vessel, for its nature and structure, could be inadequate for handicapped persons or persons needing medical care. Setting his signature on this contract, the Lessee warranties that he himself, his guests and the Skipper are in good health before going on board.
INSURANCE
During the lease period the Owner expressly undertakes to insure and keep the vessel insured against ordinary risks of navigation, so that the Lessee is lifted from any responsibility for any average or damage to the vessel or to third parties, except for legal limitations and security and whatever not covered by insurance. The owner shall, also, stipulate with a primary insurance company a separate insurance policy covering contractual and tort liability towards third parties deriving from navigation of the vessel, as well as risk insurance for passengers. The Lessee should, before departure, have an insight into the copies of all policies. If the Lessee should deem insufficient maximum amounts of contractual and tort liability, the Lessee has to inform the Owner in writing, who shall be obliged to extend the coverage to reach the amounts required, but in that case expenses shall be borne by the Lessee. The Lessee shall, anyway, borne the expenses for improperly insurance values, franchise and damages not paid by the insurer caused by action or fault of the Lessee himself, and/or his guests and/or Skipper. All damages and/or looses covered by the insurance policy shall be immediately reported to the Owner's representative. Damages covered by the insurance policy, but not reported immediately to the Owner, shall not be accepted under the policy. In that case the end user shall be deemed personally responsible for all damages deriving from failing or delaying to report them.
RESPONSIBILITIES OF OWNER AND LESSOR
If, for any cause, except for cases of force majeure, for which the Lessee is not responsible, but for which the Lesser/Owner is responsible, the vessel can not be used, the Lesser/Owner undertakes to provide a vessel with equal or better characteristics and at the same price of the vessel originally agreed. If the Lesser/Owner is not able to assure and adequate alternative, the Lessee may ask the reimbursement of part of the amount paid, relating to the days the vessel could not be used. The Lessee has no right to any other indemnification, besides the one said hereinbefore.
COMPLAINTS
The Lessee has to lodge a complaint with the representative of the Lesser/Owner, for the service deemed inadequate the day of the arrival and to inform the Lesser/Owner by e-mail or phone. The Lessee has to co-operate with the Owner or with the Lesser in bona fide in order to eliminate the cause of the complaint. If the Lessee does not accept the solution proposed on the spot, the Lesser and the Owner are not obliged to accept further complaints. Only claims and complaints done in writing when redelivering the vessel (check-out) shall be taken into consideration, countersigned by the representative of the Lesser/Owner.
ARBITRATION
The Lessee, the Owner and the Lesser undertake to solve by mutual agreement all possible disputes arising from the execution of this Contract. If that shall not be possible, all disputes arising in relation to this Contract, including those inherent to its validity, interpretation, execution and breach, shall be solved before the competent Croatian law court.
WATER AGENCY / TOUR OPERATOR / STAFF
The Lesser "Marenauta", has the right to sign the present contract on behalf and stead of the Owner. This right shall, in no case be deemed an authorisation to represent the Owner, and makes binding the validity of the contract between the Lesser and the Owner, the respect of all rules and restrictions under the contract and the navigation code particularly the confirmation of the order forwarded by the Owner to the Lesser before signing the contract, This contract, signed by the Lesser is valid, only if the confirmation of the order is attached, confirmation that is to be forwarded by electronic devices to the booking office of the Owner, indicating the dates and the agreed price.
Copyright © Marenauta D.o.o
