Flamingo

CHARTER CONDITIONS 2021/2022 NOVAEUROSPECTRA d.o.o (NES) NOTE : General charter conditions are the component part of the agency agreement as well as the charter contract stipulated directly with us, or intermediately with our partner agencies. CHARTER PRICE : Charter price includes the charter of the yacht with its equipment and berthing in ACI Marina Trogir during the charter period. Harbor dues, excluded ACI Marina Trogir, as well as fuel costs are not included. The yacht can be used only after duly effected payment. CONDITIONS OF CANCELLATION : If the charterer for any reason gives up the charter, he can in previous accordance with the NES, lease his rights and duties to another person. If he fails, the costs of cancellation will be calculated in the following way: For cancellation more then one month before the charter - 50% of the charter fee will be retained, for cancellation within one month before the charter - 100% of the charter fee will be retained. GENERAL DUTIES : Charterer, or the yacht leader, declares that he disposes with all the navigational skills and posses a valid certificate to lead the yacht at the open see, as well as the certificate to use the VHF radio. If the base manager arrives to a conclusion that the yacht leader does not disposes with the necessary skills and knowledge he has right to disallow the yacht to leave the harbor. The charterer is obliged to handle the yacht with its equipment and inventory with care and conscience. He is obliged to sail within the territorial waters of the Republic of Croatia (exceptions are subject to a special, written approval), not to sub charter the yacht, not to participate in competitive regattas without a written approval of the charter giver. He is additional obliged not to use the yacht for commercial purposes, not to take aboard any undeclared of prohibited items, not to sail at night and in unsafe weather and sea conditions but not more then 6 beaufort scale (wind more 26kn) or in the areas forbidden for navigation, not to embark more person then reported in the crew list, to obey the public rules, orders and laws. The charterer assumes the responsibility for the consequences of non-observance to his obligations. In case of yacht, its equipment damage or malfunction, the charterer is obliged to inform the NES immediately, using one of the few telephone numbers in the inventory list. The NES is obliged to remove the damage or malfunction upon notification. If he removes the damage within 24 hours, the charterer has no right to request any reimbursement. The charterer is obliged to notify the authorities and the NES without delay if the yacht or its equipment is missing, if the further navigation is not possible, and in case the yacht was disposed of, prized or if further navigation was prohibited by authorities or third parties. In the event of an damage, the charterer is obliged to report the event to NES and do the action in accordance to NES instruction with authorized harbor masteru0027s office and make the protocol (course of events, estimation of a damage) for the insurance company. He is also obliged to inform the NES about the event as soon as possible. Charterer is obliged to make a private log book which is to be presented in case of the damage. Should the charterer disobey the above mentioned obligations, he can be fully charged for the damage occurred. For the acts and failures of charterer which result in material and penal consequences of the NES to the third parties, the charterer is obliged to indemnify the costs. If the further navigation is for some reason impossible, or the overdue of disembarkation time is unavoidable, charterer is obliged to notify the base manager in order to receive the detailed instructions. The NES ensures all the necessary navigation permits and certificates. TAKE OVER OF YACHT : The yacht will be consigned completely equipped, with the fuel and water tanks full, clean and dry, and the same condition is expected by return of the vessel. If the charterer boards on yacht without signing of check list or charter conditions contract , it will be taken that charterer accepts the conditions and have no remarks and complaints on yacht , present or future .The yachts are put at chartereru0027s disposal at the appointed time, at the appointed place. The charterer checks and confirms the condition of the yacht and equipment according to the NESu0027s check-in lists, which is to be signed by both parties. The check-in list is the component part of the charter contract, and the stipulations contained therein are obligatory for both parties. Taking over the yacht is the confirmation of the established condition beyond dispute. The charterer is obliged to test the nautical equipment immediately after leaving the port. If any defect is found, the charterer is obliged to return to the port and have it reported and removed. If he fails to do so, the following rule is applied for the vessel "consigned in order". The possible covered defects of the vessel or its equipment which could not be known to the NES in the moment of consignation, as well as defects which could arise after the takeover, do not entitle the charterer to reduce the charter price. If the charterer fails to takeover the yacht within 48 hours, the NES is authorized to give up the contract. In case the NES is not in a position to place the appointed yacht at the chartereru0027s disposal, he can provide another, at least identical one. If it is not possible, the charterer could be offered adequate accommodation and board for the days of waiting. If the charterer is not in a position to place at chartereru0027s disposal the identical or better yacht within 24 hours after the appointed time, the charterer has the right to give up the contract and request the reimbursement of the charter fee. Any other indemnity is excluded (for example travel expenses, travel premiums). If the parts of the equipment are damaged or lost in a previous charter without knowledge of the charter giver, the charterer has no right to give up the contract nor to ask for reduction of the charter fee if the secure navigation is not rendered impossible. YACHT DOCUMENTS: Charterer must receive the stamped yacht documents, photocopy of the yachtu0027s license and yachts concession. Further Charterer is accept the responsibility of returning these documents to NES office. Failure to do so will result in 100 € fee which Charterer is oblige to pay. THE RETURN OF THE YACHT : The charterer returns the yacht at the appointed place, at the appointed time with the fuel tank full. Upon returning the yacht, another checking of the inventory and signing the check lists follows. The charterer is obliged to report the founded defects and damages, if any. The damages of the underwater part are subject to the inspection of the yacht (its lifting) for which the charterer bears the expenses. If the appointed time of return was exceeded due to a bad weather, the charterer bears all the costs caused to the NES. Therefore, the carefully planning of the route is advised. It is advised to return to the base in the evening hours before check out. Any prolongation of the appointed check out time is possible only in accordance and with the written approval of the NES. If the returning time is exceeded or the vessel is returned to the port other than appointed, the charterer shall pay the double daily charter fee in addition to the costs appeared for the NES due to the late return of the yacht, for each commenced calendar day of delay. Every hour of the yacht return delay is charged as half day fee. In case of the delay in returning the vessel, the NES provides a diver to check the underwater part of the hull, and the costs are barred by the charterer. The charterer is responsible to return the documents of the vessel (permit, registration, concession ect.) as well as other supplements from the shipu0027s papers file (list of harboru0027s masteru0027s offices and similar). Until the moment yacht is regularly checked out it is consider used by the charterer. SECURITY DEPOSIT The security deposit is deposited in cash or credit cards on check in (VISA,DINERS, MASTER CARD). The security deposit is refunded in full amount after return of the vessel with no damages, with the fuel tank full, in appointed time, at appointed place. The charterer is responsible for lost or damaged parts of the yacht or its equipment, as well as for the his own or someoneu0027s else faults for the damages and the costs of their removal, or, briefly, for the condition of the check list. In that case, the NES will retain from the security deposit the amount corresponding to the costs for purchase or repair the equipment or the vessel. The security deposit does not limit the responsibility of the charterer which means that if the damage done by charterer is more than the security deposit amount and is established by the harbor master or the insurance company that the charterer has done the damage on purpose or by extreme negligence (he/she was drunk when the accident happened) then the insurance company will not cover the damage but the damage is fully compensated by the charterer even if it exceeds the amount of the security deposit. Security deposit for sailboats : 1,000.00 € ( one thousand euro and zero eurocents ) for yachts with LOA till 41” 1,500.00 € ( one thousand five hundred euro and zero eurocents ) for yachts with LOA till 45” 2,000.00 € (two thousand euro and zero eurocents) for yachts with LOA over 45” NON REFUNDABLE DAMAGE DEPOSIT: Non refundable damage deposit, is to cover in whole or in part any claim by the NES in respect of any loss or demage to the yacht and / or her equipment not recoverable under the policy of yacht’s insurance. Clearly excluded from this cover are the following: • Damages or losses caused by negligence (contract noncompliance and skipper’s license limitation), vandalism, theft or made during alcohol and drugs influence memberof crew • Loss of the dinghy and/or of the outboard engine • Fees for cleaning and fuel refilling charges that are required to be paid at the return. • The charges required if, failing to deliver the yacht, at the place and/or at the date of return • Blocked toilet The Charterer, irrevocably confirms that he/she is fully liable to pay in addition any charges, that may occur for any of the above reasons. Non refundable damage deposit amount: for yachts with LOA till 41” -200 eur for yachts with LOA till 45” - 250 eur for yachts with LOA over 45” - 300 eur COMPLAINTS : Only the written complaints signed by both parties and filed immediately after the return and handing over the vessel will be taken into consideration. Any re-funds , calculated by charterer for defects on boat which are not arisen from maintenance of NES , are not possible , and it will be rejected in full amount . FORCE MAJEURE. NES shall not be liable for any loss, damages or delay or failure in performance hereunder resulting from any event, including fire, epidemics, war (declared or undeclared), revolution or civil strife, piracy, civil war or hostile action, strikes, acts of the public enemy, state laws, rules and regulations of any governmental authorities having or asserting jurisdiction in the premises or of any other group, organization or informal association (whether or not formally recognized as a government), and any other cause beyond the reasonable control of NES which makes continuance of operations impossible. In case of the above events will be applied a rules described below: - All payments made towards the charter shall be used as a credit-note for a future charter. No refunds will be provided. -NES will provide to book a new period on a agreeable to Charterer , based upon availability and the Charterer’s preference. If the parties cannot book a new charter at that time, Charterer’s deposit will remain as a credit-note with NES and will never expire. -NES will not be responsible for additional costs arrised by Charterer as a result of changes to their charter due to a force majeure event. ADDITIONS TO THE CONTRACT : Verbal agreements, as well as the supplements to the contract will be relevant only if approved by charterer giver in writing. ARBITRATION : In case of disagreement, the parties hereto shall try to find an amiable and for both parties acceptable solution. If the conflict or misunderstanding could not be dealt in that manner, the court of Sibenik,Croatia shall be the court of jurisdiction, applying the Croatian law. Cancellation in reason of COVID-19 validity during 2021/2022 charter season (appendix to regular booking cancellation): Reasons of cancellation, that are qualified under COVID-19 disruption: -border closures, -restrictions preventing us from operating your charter at the Split region Mandatory COVID-19 testing and vaccination for entering Croatia and for returning to the host country is not considered as reason for canceling the charter and discussion, it is a reason to protect your and our health. Upon charter cancellation approval from Nova Eurospectra, the charterer has make choose: - replace the charter to the same/different yacht in same/different period in 2022 or 2023 (subject to availability) . Rescheduled charters are subject to current price list. Client will have to pay the difference if the booking is more expensive and there will not be a refund if the booking is less expensive. - Receive a credit-note (voucher) for the advance payment which you can use towards a future charter in 2022 or 2023. - All payments made towards the charter shall be used as a credit for a future charter. No refunds will be provided. For any other cancellation reason will be applied standard CONDITIONS OF CANCELLATION : If the charterer for any reason gives up the charter, he can in previous accordance with the charter giver, lease his rights and duties to another person. If he fails, the costs of cancellation will be calculated in the following way: For cancellation more then one month before the charter - 50% of the charter fee will be retained, for cancellation within one month before the charter - 100% of the charter fee will be retained. Conditions accepted on date of booking confirmation. Signed by: Signed by: Nova Eurospectra d.o.o. Charterer