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 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.
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.
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 in accordance with list of approved certificate by Croatian authority, 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 till the yacht leader's skills will be enough to sail in and out of Marina. Charges which are araised with skipper training will be refers to the charterer's account. The charterer is obliged to handle the yacht with its equipment and inventory with care and conscience, to be knowledge the yacht manual published on NES web page and followinstructions of NES technical support. He is obliged to sail within the territorial waters of the Republic of Croatia(exceptions are subject to a special, written approval) so far from coast and in that daily and weather conditions aslimited by boat registration, boat insurance policy and skipper's certificate. The charterer is obliged not to subcharter the yacht, not to participate in competitive regattas without a written approval of the charter giver. Thecharterer is obliged not to use the yacht for commercial purposes, not to take aboard any undeclared of prohibiteditems. The charterer is obliged to constantly monitor for weather conditions on NES facebook and follow published recommendation, not to sail at night and in unsafe weather and sea conditions more then 6 Beaufort scale (wind more26kn) or in the areas forbidden for navigation, not to embark more person then reported in the crew list, to obey thepublic rules, orders and laws. The charterer is obliged to use anchor only in places marked in nautical maps asallowed on maximum depth less 15m.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 toinform the NES immediately, using one of the telephones numbers in the boat document. The NES is obliged toremove the damage or malfunction upon notification. If he removes the damage within 24 hours, the charterer hasno right to request any reimbursement. The charterer is obliged to notify the NES without delay if the yacht or itsequipment is missing, if the further navigation is not possible, and if further navigation was prohibited by authoritiesor third parties and further follow the NES instruction. In the event of an damage, the charterer is obliged as soonas possible to report the event to NES and do the action in accordance to NES instruction with persons are a participation of event , authorized harbor master's office , police to make the protocol (course of events, estimationof a damage) for the further establish for insurance company. Charterer is obliged to make a private log book whichis to be presented in case of the damage. Should the charterer disobey the above mentioned obligations, he canbe fully charged for the damage occurred. For the acts and failures of charterer which result in material and penalconsequences of the NES to the third parties, the charterer is obliged to indemnify the costs. If the further navigationis for some reason impossible, or the overdue of disembarkation time is unavoidable, charterer is obliged to notifythe base manager in order to receive the detailed instructions. The NES ensures all the necessary navigationpermits and certificates.
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 in present or future .The yachts are put at charterer's disposal at the appointed time, at the appointed place. The charterer checks and confirms the condition of the yacht and equipment according to the NES's 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 inform the NES and follow instruction of NES. If he fails to do so, the rule "all in order" is applied for the vessel. 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 charterer's 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 charterer's 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, any tickets, policy...). 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 possible.
Charterer must receive the stamped yacht documents, photocopy of the yacht's registration, yacht's insurance policy, crew-list, invoices for tourist tax. Further Charterer is accept the responsibility of returning these documents to NES office. Failure to do so will result in eur100 fee which Charterer is oblige to pay.
The charterer returns the yacht at the appointed place, at the appointed time with the fuel tank full. Upon returning the yacht, check-out procedure of the inventory is follows. The charterer is obliged to report the founded defects and damages, if any. The damages of the underwater part which find out with diving inspection and is requested further inspection and repairing on dry (its lifting) to be covered 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 obligatorily to return to the base in daily hours before dark time in Friday then check out procedure is start.
Any replace of the appointed check out time is possible only in accordance 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 as well as other supplements from the ship's papers file. Until the moment yacht is regularly checked out it is consider used by the charterer.
The security deposit is deposited in cash or credit cards in office NES before embarkation (VISA, MASTERCARD).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 in accordance with the prices indicated in check-in list and price list in the office. In that case, the NES will retain from the security deposit the amount corresponding to the prices for purchase or repair the equipment of 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 damagebut the damage is fully compensated by the charterer even if it exceeds the amount of the security deposit.
Non refundable damage deposit, is to cover in whole or in part any claim by the NES in respect of any loss or damage to the yacht and / or her equipment not recoverable under the policy of yacht’s insurance. Clearly excluded from this cover are the following:
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.
Only the written complaints signed by both parties and filed in last day charter 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 .
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:
Verbal agreements, as well as the supplements to the contract will be relevant only if approved by charterer giver in writing.
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 Šibenik, Croatia shall be the court of jurisdiction, applying the Croatian law.
Conditions accepted on date of booking confirmation.