Sailing Spirit d.o.o. – hereinafter “Service Provider”

Client, natural person – hereinafter “Service User”

1. PRICE OF PROVIDING ACCOMMODATION SERVICES

The agreed price for providing the accommodation service includes the use of the accommodation service on the vessel. The price does not include ports and other fees, as well as fuel costs.

2. TERMS OF PAYMENT

Vessels on which the accommodation service is provided can only be used after properly regulated payment. The accommodation service is paid 50% at the time of booking, and the rest no later than 30 days before the start of providing the accommodation service; or if otherwise defined by the contract or invoice. Apart from the accommodation service, all additional services, as well as the deposit according to the price list, are paid when boarding the vessel at the base.

3.  TERMS OF SERVICE CANCELLATION

If the user of the service for any reason abandons the service of accommodation on the vessel, he can, with prior agreement with the service provider, look for another person who will take over his rights and obligations. If it fails, cancellation costs will be charged as follows: – for cancellation up to 30 days before the start of the accommodation service – 50% of the established reservation price. – for cancellation within 40 days before the start of the accommodation service – 100% of the established reservation price – in the case of non-arrival of the service user or failure to report within 24 hours of the start of the service – 100% of the established reservation price plus costs resulting from cancellation. If the user of the service for the above reasons (death in the family, serious injury, war) abandons the accommodation service, the amount already paid will not be returned to him, but the service provider will make the boat available to him in a free period of equal value or in the next season. In case of price difference, the contractual parties will regulate the payment in writing. The service provider is not responsible for any damages in the event of changes or cancellations resulting from force majeure or force of nature (war, riots, strikes, acts of terrorism, extraordinary sanitary conditions, natural disasters, interventions by competent authorities).

4. DELIVERY OF THE VESSEL ON BOARDING

The user of the service is obliged to fill out the online crew list that will be sent with the boarding pass before arriving at the base. Boarding the vessel will not be possible without a valid boarding pass and without a pre-filled crew list and paid reservation. The service provider hands over the vessel in technically sound condition, equipped in accordance with Croatian laws and the vessel inventory list. The vessel is delivered filled with fuel, at the agreed place and at the time indicated on the price list or as agreed with the service user. If the service user does not take over the yacht or inform the service provider of the delay within 24 hours of the contracted charter, the service provider is authorized to terminate the reservation contract. If, for any reason, the service provider is unable to make the reserved vessel available at the agreed place and at the agreed time, it can prepare another, suitable vessel within 48 hours. In the event that the service provider fails to do so within 48 hours, the service user may cancel the service of using the vessel with the right to a refund of the paid service. Any other right to compensation is excluded (eg refund of funds for arrival at the base, additional compensation for lost time, etc.). The user of the service undertakes to examine and carefully check the condition of the vessel and equipment according to the checklist when taking over the vessel. All observed defects should be written on the checklist, and this should be confirmed by the service provider and the user. By signing the inventory list, it is considered that the guest has taken over the vessel with all the indicated equipment, technically correct, and that he accepts it in the found condition and assumes full responsibility for the same. Possible hidden defects of the vessel or its equipment, which could not be known to the service provider when the vessel was handed over, as well as defects that may arise after the handover, do not give the service user the right to reduce the price of the accommodation service. If the service provider determines that the service user / vessel manager does not have the necessary navigational knowledge necessary to manage the vessel, the service provider reserves the right to prohibit the vessel from sailing. In this case, the service provider will assign him a skipper for a fee until the end of the service.

5. DELIVERY OF THE VESSEL ON DISCHARGE

The time of handover of the vessel when returning to the base is defined when confirming the reservation. The user of the service, in agreement with the service provider, can define another disembarkation time. The user of the service hands over the vessel filled with fuel and in order (empty the vessel of garbage). For intentionally leaving mess and garbage on the ship, the service provider has the right to charge the service user additional cleaning of the ship in the amount of the transit log (can be charged from the deposit, cash or manual entry from the credit card on the POS machine). If the user of the service hands over the vessel after the end of the rental and stays overnight on the vessel, and after that it is determined that something is broken on the vessel or it is found that something is missing from the vessel (equipment, etc.), the service provider will charge a black tank, etc. has the right to charge the service user for the resulting damage (from the deposit, cash or manual entry from the credit card on the POS machine). The user is obliged to inform the service provider about defects on the vessel. The service provider checks and takes over the vessel, and informs the user of any defects and damages that are not indicated on the check list. All damages and deficiencies on the vessel that occurred as a direct consequence of wear and tear of materials, that occurred as a direct consequence of deficiencies listed on the checklist, and that occurred as a result of force majeure (e.g. lightning strike) are not the responsibility of the service user. The user is obliged to pay all other damages in full in accordance with Article 7 of these terms and conditions. If for any reason it is not possible to return the vessel in the agreed time, the base manager must be informed. If the return deadline is exceeded due to bad weather, the user of the service shall bear all the resulting costs for the service provider. It is therefore advised to plan the route safely, and the return to the marina is mandatory in the evening hours the day before disembarking, unless otherwise indicated in the rental agreement (short or extended rental periods).

6. INSURANCE

The vessel is insured for damage to third parties (compulsory insurance) and Casco in the declared value of the vessel for risks (according to the insurance policy) with a deductible deductible. In the case of major accidents, as well as the participation of other vessels, it is necessary to report the case to the first competent port authority and make a protocol (course of events, determination of damage, determination of the responsible person who caused the damage) for the insurance company, and at the same time report to the service provider. If the user of the service does not fulfill all obligations, he can be fully charged for the resulting damage. The insurance does not cover damage to the sails, and the cost of the damage is borne by the user of the service in full. The same is the case with engine damage caused by a lack of oil in the engine, therefore the user of the service is obliged to check the oil in the engine daily. Personal belongings of the crew are not insured and it is recommended that the user of the service does so separately. The crew is insured.

7. SECURITY DEPOSIT

When handing over the vessel, a deposit is deposited according to the valid price list, which is used to collect damages for a harmful event on the vessel that occurred during the use of the vessel. The amount of the deposit is indicated on the check list, and the signed check list when taking over the boat is considered as payment confirmation. By signing the check list when taking over the boat, the user agrees to pay for damages and defects on the boat that occurred during the use of the boat. In case of damages and defects, the service provider makes a payment from the amount of the deposit in the real amount of the damage. In the event that it is not possible to determine the amount of damage, the service provider has the right to keep the deposit in full until the amount of damage is determined. In the event that another vessel is involved in a harmful event, the service provider has the right to retain the deposit in full until liability is determined. The deposit is returned without deductions if the vessel is returned undamaged and at the scheduled time. The deposit is also deposited in the case when the user of the service hires a skipper. In case of gross negligence and/or loss of one or more parts of the vessel and equipment, the service user bears all costs. The user of the service agrees that if damage is found on the ship, that the service provider can charge from the deposit received or by manual entry, convert the authorization into a charge on the personal device, the resulting damage according to the estimate or the price list, for this purpose, the user of the service agrees to have his personal documents copied and credit card if the deposit is through POS machine authorization. The user of the service recommends to the recipients of the service that they take out bail insurance with their agents or can take out it with the service provider in the base, according to the valid price list on the day of taking out the policy. It is possible to pay the bail by cash, credit card or bail insurance. The deposit insurance does not cover: fuel, outboard motor and dinghy.

8. OBLIGATIONS OF USERS OF THE SERVICE

The user of the service undertakes to sail in Croatian territorial waters. Exceptions require a special certificate or permit. It is not allowed to sublease or transfer the vessel to a third party, boarding more people than specified in the crew list, sailing at night in uncertain weather, violation of public regulations, provisions and laws. The user of the service is responsible for the consequences resulting from this. The user of the service, i.e. the boat manager, must have the necessary license for operating a boat on the open sea, which includes a license to work with a radio station. In case of failure of the vessel or ship’s equipment, the user of the service is obliged to immediately notify the service provider on one of the phone numbers attached to the vessel’s documents. The service provider undertakes to remove the defect upon receipt of the notification. If the service provider removes the defect within 48 hours, the service user is not entitled to compensation. If the vessel is no longer technically or functionally suitable for navigation and the service user is not responsible for the same, and the service provider is not able to remedy the defect within 48 hours or make a replacement vessel available, the service user can cancel the service of using the vessel with the right to a refund paid services, taking into account how much he used the vessel until the day of disembarkation. If the vessel is seaworthy and there is a technical fault that is not necessary for immediate intervention, the service provider will organize the repair in the shortest possible time or at the nearest possible service station. If the service user damages or damages the vessel to such an extent that the vessel is no longer technically functional or safe for navigation, and the service provider assesses that the vessel is no longer safe for navigation, the service user must disembark from the vessel at the request of the service provider and has no right to no compensation or replacement ship. The user of the service undertakes to inform the competent authorities and the service provider in the event of the disappearance of the vessel or its equipment, if it is impossible to operate the vessel, in the event of confiscation, confiscation or prohibition of navigation by state authorities or third parties. If the user of the service does not comply with the stated obligations, he bears full responsibility towards the service provider for all consequences. If an accident or adverse event occurs during the accommodation service, he is obliged to inform the service provider about the same. In the event that the user can repair the damage on the spot, regardless of responsibility for the damage caused, he must first consult with the service provider. If the service provider determines that the service user is unable to operate the vessel due to ignorance, the influence of alcohol, narcotics, etc., the service provider may prohibit the departure of the vessel or, in the last resort, order disembarkation from the vessel and charge for any damage caused.

9. COMPLAINTS

The user of the service has the right to complain in written form. In the event that the complaint has monetary claims from the service provider, only complaints submitted immediately upon returning or disembarking from the vessel will be taken into account.

10.  ARBITRATION