These General Terms & Conditions for Yacht Charter to include the vessels tender or jet-ski (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessel - yacht charter.
The charter contract is concluded between the client who charter the vessel (“Client”), Agency-Mediator who represent the Client (“Agency“) The owner of the yacht, represented by Neale Spear Graham d.o.o (The Company)
From Client’s side, the booking intention is confirmed when advance payment is paid by Client.
From Company’s side the booking will be confirmed when full amount of advance payment lands on its account and Booking confirmation is issued to the Client or the Agency.
After the yacht charter reservation has been agreed, which will be effective in writing only, the payment is to be done according to the following calculation:
50% for advance payment at the time of yacht reservation
50% of balance not later than 1 month prior to yacht charter
100% payment if less that 30 days before charter
All payments have to be made according to payment instructions listed in the Pro-forma Invoice which the Company has sent either to Client or to Agency. The Vessel can be taken over only after the complete amount is paid for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, the Company shall be entitled to cancel the Vessel’s booking without any refunds to the Client.
The Price of Yacht Charter
The price for yacht charter shall include the following: the Vessel equipped according to the presently effective inventory-list, as well as usual charter base services at the time of Vessel's delivery (check in/check out). Yacht charter price shall not include additional services such as food and beverages, fuel, costs for marina’s services and moorings, harbour dues, taxes, entrance tickets to parks, or any other additional services other than those explicitly stated as included in Vessel’s equipment list. The Skipper’s fees are to be paid by the Client prior to embarkation directly to the Skipper or the Company. If the yacht charter starts and/or ends in an Alternative base (any base other than ACI Marina Split which is the homeport of the Vessel) the Client acknowledges that any berthing fees of the Alternative base (marina) are not included in the Yacht charter price, and that the Client will need to settle the corresponding berthing fees in the Alternative base, in addition to a one-way fee or base change fee as per valid Price List of the Company. The vessels Jet-ski will be charged as an extra if used for anything other than a tender to and from the vessel. In this case the jet-ski will be exclusively operated by the skipper.
Additional services - Extras
Additional services and extra equipment for which an extra payment shall be required (hereinafter: Extras) in accordance with the effective Price List (e.g. auxiliary engine, one-way options, transfers, etc.) should be requested by Client and agreed prior to booking confirmation. Client may ask for addition of certain Extras even after the booking confirmation, and the Company will undertake reasonable effort to provide the newly requested Extras to the satisfaction of Client, and will inform the Client if it is possible to upgrade the booking with requested new Extras or not. Client acknowledges that the Company is not obliged to provide newly requested Extras at that point in time. At the latest, all Extras must be confirmed by both sides in writing not later than 10 days prior to the beginning of the charter date. The Jet-ski is such an extra and priced for charter accordingly when used for anything other than being used as a tender to and from the vessel and operated exclusively by the skipper.
Cancellation and refunds
If you cancel your booking more than two calendar months before your arrival date then your will lose your 25% deposit only. If you cancel your booking between 2 calendar months and 4 weeks prior to arrival then you will be liable for 50% of the vessel rental and concierge costs, and if you cancel less than 4 weeks prior to arrival then you will be liable for 100% of the rental and concierge costs.
No exceptions to this policy can be made for any reason, therefore holiday insurance with a cancellation policy to cover any such rare occurrence is strongly recommended.
Crew List and Arrival Details
The Client must send a correctly filled Crew list, not later than 10 days prior to the first day of charter. The Client agrees that s/he is the main contracting party of the Company, and that Client is responsible for the other crew members on board. Additionally, it is recommended to send an estimated time of arrival at least 10 days prior to the first day of charter, in order for the base staff to organise check-in procedure in as smooth way as possible. If Client has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 10 days in advance is obligatory. Client is responsible for the accuracy of delivered crew list information, as well as for validity of all passports, visas and other identification documents.
Cancellation by Client
Should the charter of the booked Vessel be cancelled by Client, whatever the reasons may be, the Client shall be liable to inform the Company by email about the cancellation without delay. Client shall be charged for the cancellation in the amount of:
up to 50% of the full accommodation rate if the cancellation has been done up to 30 calendar days prior to the starting date of accommodation
up to 100% of the full accommodation rate if the cancellation has been done less than 30 calendar days prior to the starting date of accommodation,
up to 0% of the full accommodation rate if the Company or Client has managed to find another client for the cancelled period.
The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges. Exceptionally, should a cancellation of the yacht charter booking be done owing to the Act of God, i.e. objective serious reasons stated and proven by Client (death in the near family, serious sudden health condition, a serious accident, etc.), the Company may allow the Client to use the already paid amount as a pre-payment for the next booking within one year period. In this category of cancellations are also the situations when the Client does not come for the check-in (non-show-up case), or when the Client leaves the Vessel prior to the contracted check-out time (early- abandon case) – in all such cases the 100% cancellation fee applies and Client does not have a right for any refund.
Cancellations by Company
Should the booking be cancelled by Company, then Company will offer to Client another vessel from own fleet or from another fleet, of similar size and with similar features, if possible. If the new vessel is cheaper than the original, Company will also refund the price difference as per valid price lists of both Vessels, applying the same discounts which were approved to Client for the original booking. Generally, in case of switching to another vessel, these Terms apply to the new vessel. Accordingly full refund of all amounts that Company has received from Client for the Vessel. Client acknowledges that in case when severe damages of the Vessel have occurred during the previous charters, or due to events such as acts of God, Company is objectively not guilty for this, and thus Client shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances.
Before taking over the Vessel, the Client must give a security deposit (hereinafter: Deposit) in amount according to valid Price List of Company for both vessel and jet-ski. The Deposit may be given either in cash or with one of the credit cards accepted by Company. After the completion of yacht charter the whole Deposit shall be repaid to the Client, unless some Vessel damages or loss of equipment have occurred, or unless the Client or its crew have not acted in accordance with these Terms. The set down deposit cannot be used for covering the expenses caused by the Skipper's negligence, bad steering of the boat and bad management of the equipment.
Takeover of the vessel
The boat can be taken over in the agreed time and place, from 5 p.m. to 8 p.m. If the Client does not take over the boat within 24 hours from the agreed time without previously announcing it, the Company is authorised to unilaterally terminate the contract and the Client has no right to subsequently ask for compensation. If due to whatever reasons the Company is not able to deliver the reserved boat in the agreed time and place, the Company has a 24-hour time, from the agreed time of taking over the boat, to provide the Client with another boat with equal or better characteristics. If the Company does not succeed in doing so, the Client has the right to terminate the contract and to be reimbursed of the already paid amount. If the Client decides to wait for a substitutive boat more than the previously agreed 24 hours’ time, s/he can be refunded the amount of the rental for the days he was not able to use the boat. The responsibility of the Company for amounts higher than the amount of the rent, as well as for any other right of the Client for compensation, is excluded. The company shall not be liable for any delay due to the Acts of God or rough weather conditions. The Company is obliged to give out to the Client a technically correct boat and completely equipped with full tanks of water and fuel, clean and dry, ready for sailing. When taking over the boat, the Client is obliged to carefully verify and test the condition of the boat and its equipment, and verify whether the inventory checklist corresponds to reality. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects or deficits of the boat and/or the equipment, which were not known to the Company when submitting the boat, as well as damage and defects after returning the boat that the Company could not predict, do not give the Client the right to ask for discount on the price of the rent.
Returning the vessel
The Skipper is obliged to return the boat at the agreed time (8 a.m. at the latest but preferably until 6 p.m. the evening before) to the defined port mentioned in the contract, clean and tidy, with full tanks of fuel and water, ready for further sailing, i.e., in the same condition he overtook it. When returning the boat the Company's representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the inventory list.
Skipper's commitments and responsibilities
The skipper will check in/out the yacht on behalf of the Client. Both the Client and the skipper have to sign the acceptance statement after the yacht’s delivery. The skipper will demonstrate to the Client the safety equipment and the functionality of the yacht and its equipment, as well as all actions in case of an emergency. The skipper is responsible for the navigation of the yacht, mooring, anchoring, and manoeuvring and for keeping the deck and cockpit of the yacht clean, in good and fully functional condition. Other tasks such as cleaning, cooking, etc. are not part of the skipper’s obligations. The skipper should respond to any Client’s request regarding various tourist information and share all knowledge he happens to have (such as interesting anchorages, sights and spots, museums, restaurants, nightlife, attractions, water sports points, etc.) acting partially also as a “guide” or a local “host” at the highest possible degree. The skipper is supposed to navigate and sail the yacht for approximately maximum 8 hours a day (unless otherwise agreed) and is not obliged to sail by night. The skipper should never leave the yacht unattended when anchored and should stay alert during day and night to ensure the safety of the passengers and the yacht. The skipper will consult the Client for the desired sailing schedule and route and will coordinate this considering the safety and pleasure requirements of the passengers.
The skipper will get his food by the Client and a sleeping cabin/berth will be designated to him onboard. The skipper is responsible for all the damage that may happen to the yacht and/or its equipment, during sailing, motoring, anchoring, mooring and manoeuvring, provided that he can easily preview the damage and is able to definitely avoid it. Alike in a bareboat charter, the Client is held equally liable for other damage that he or the rest of the crew may cause to the yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.). The Client is obliged to respect all safety instructions as announced by the skipper of the yacht, because the skipper is the only responsible person for the yacht itself. The Client is considered as capable to assist the skipper during sailing/mooring the yacht. If not, the Client or one of the crew members should help the skipper -when necessary- by following the instructions and guidance given by the skipper. In case the Skipper does not provide his services as described above in the guidelines, or if the Client has other serious reasons, he has the right to request a change of the skipper by contacting the Company and by justifying the reasons of such request.
It is a requirement that all crew members have current personal holiday travel insurance to cover a holiday including adequate accident and health insurance cover for the duration of the charter. The Company will not be liable for any cover it may not provide. The Company shall not under any circumstances whatsoever be liable for loss or damage to any of the charterer's property, or for illness, accident, personal injury or death suffered by any guests. No liability or responsibility is accepted for any loss or additional expenses incurred due to any accident or illness.The Company will not be a party to any negotiations with doctors or hospitals. The company will not be responsible for injury or loss of any kind in relation to the use supervised or not of the jet-ski, use of the jet-ski is at the complete risk of the user (client) at all times.
The Company will strive to meet its aim that Client has a positive holiday experience on board. In the event that Client has a complaint it should be raised the same day so it can be handled immediately. A complaint which has not been satisfactorily dealt with or has not been raised during the charter period should be made in writing to the Company within fourteen days of the last day of the charter. The Company will not consider complaints sent after the fourteen day time limit.
The Client and the Company shall endeavour to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorised court. The competent law shall be the law of the Republic of Croatia.
Croatialife is a trading style of Neale Spear Graham d.o.o