General Terms of Rent
1.1. IN NEKRETNINE d.o.o., (hereinafter: Charterer) guarantees technical correctness and good condition of their vessels.
1.2. The person who confirmed the reservation or paid the advance (hereinafter: the Client) establishes a legal relationship with Charterer, thereby confirming its consent with these General terms of daily rent.
1.3. Charterer explicitly determines that these General Terms apply to daily rental of vessels (one or more days) without accommodation, and Charterer provides only that type of rental service.
1.4. Everything published under these conditions is a legal obligation both for the Client and for the Charterer.
1.5. These conditions are the basis for solving any disputes between the Client and the Charterer.
Price and Payment Terms
2.1. Prices of vessels are published in Euro (€), on the Charter’s official website.
2.2. The prices from article 2.1. include a technically correct and fully equiped, clean vessel with full fuel tanks, mandatory and risk boat insurance, mooring in the parent marina, Croatian navigation license.
2.3. These prices do not cover the cost of other marinas during rental, port taxes, fuel costs and other supplies, car parking and health insurance of the crew.
2.4. In order to confirm the registered vessel reservation, the Client pays an advance in the equivalent of 50% of the total rent (the boat charter increased by additional services agreed upon with a guest), that is, as much as it is indicated in the official offer so that the booking becomes binding on Charterer. The remaining amount to the amount of the entire charter shall be payable by the guest immediately before the charter itself.
2.5. Reserved vessels may only be used by the Client on condition that they have properly regulated all necessary payments.
Changes and cancellation of rent
3.1. If the Client wishes to change the rental conditions, he must request it in writing (e-mail, fax or mail) and receive a written approval from Charterer.
3.2. To cancel a reservation of the rental Chartere charges 50% of the rental price.
3.3. If a Client who cancells a rented vessel, when canceling a reservation finds a new user of the same reservation, who is willing to assume his rights and obligations, Charterer charges only the costs caused by the replacement.
3.4. If the cancellation of the reservation is due to objective reasons on the Client side (death in the family, serious accident, disease), the amount already paid will not be refunded, but Charterer will put the vessel at its disposal in the first free term or in the following season.
3.5. The existence of the circumstance referred to upper paragraph of this Article must be proved by the client by means of some authentic documents to be delivered to Charterer in original form and certified translation into the Croatian language.
Taking possesion (CHECK-IN)
4.1. Charterer is obliged to provide the Client with a technically correct and fully equipped vessel with a full fuel tank, clean and neat, ready for navigation, untill 09.00 am on the first day of rent.
4.2. When taking over the boat, Client shall leave the mandatory deposit amounting to EUR 1,000.00 (in kuna equivalent to the CNB mid-exchange rate on the deposit date) in cash or blank slip with the imprint of a guest’s credit card. The purpose of the mandatory deposit is the compensation for all damages occurred during the charter not covered by the insurance. The amount of the deposit equals the amount of the deductibles from the insurance policy. Upon the return of the boat, Charterer shall inspect the boat in the presence of Client. If Charterer representative finds that the vessel is returned at the agreed time at the agreed place, neat and undamaged, with no permanent floor stains, with full fuel tanks, and provided that no third party claims have been made in relation to the Client, related to the Client’s use of the leased vessel, Charterer shall reimburse the full amount of the deposit if the deposit was left in cash or a blank slip with the imprint of his card if the deposit was left in the indicated way. In the event of any damage to the boat or part of its equipment, either by intent or negligence by Client, any costs incurred as a result of repair, replacement or purchase of the boat, a part of the boat or equipment shall be borne by Client and shall be collected from the deposit. If the damage caused in this way exceeds the sum of the deposit, Client shall compensate for the full amount of the damage.
4.3. In the event that the vessel can not be leased further, Charterer will retain the amount of the deposit corresponding to the lost profit due to damage to the vessel / equipment.
4.4. The deposit is not mandatory when the vessel is rented with a skipper engaged by Charterer.
4.5. If the Client, without prior notice, would not take possesion of the boat 48 hours after the agreed takeover time, Charterer is authorized to unilaterally terminate the boat rental agreement, and the Client is not entitled to claim damages subsequently.
4.6. When checking in, the Client is obligated to check the general condition of the vessel and equipment and determine whether the actual condition of the inventory and equipment is in accordance with the existing transponder list.
4.7. Any objections on the status of the vessel can be filed only before the start of the trip.
4.8. Any concealed defects and disadvantages of vessels and / or equipment that Charterer could not be familiar with during the handover oft he vessel, as well as shortcomings and failures arrising after the handover, which Charterer could not foresee, do not entitle the Client to request a reduction in the rental price. If a part of the boat, equipment or inventory was lost or damaged during the previous charter, and it cannot be repaired or a new boat cannot be acquired before embarkation, Client shall not be entitled to terminate the Charter Agreement or to seek a reduction in the price if the defect on the boat, equipment or inventory does not affect the safety of navigation.
4.9. The boat is to be handed over to Client with all documents necessary for chartering the boat (sailing license, compulsory and full coverage insurance policy). Client is obliged to keep all documents with special care and is obligated to return them when handing over the boat.
Vessel return (CHECK-OUT)
5.1. The Client is obliged to return the vessel at the agreed time, to the port where he took over the boat, no later than 19.00 o’clock in the afternoon on the last day of the rent with a full fuel tank, ready for further navigation.
5.2. Client is obliged to observe the weather conditions. Weather conditions are not a justified reason for incompliance with the agreed time of return of the boat for which reason Chlient is obliged to return the boat in the condition in which he has received it. Prior to the return of the boat (check-in), the Client will empty his luggage, and throw the trash from the boat into the prescribed place for the garbage in the marina.
5.3. Upon expiration of the agreed return date, the Client warrants that for each delay up to 12 hours, pay an additional 5% of the daily rental price for each delay hour.
5.4. For a delay of more than 12 hours from the agreed time of returning the vessel, the Client pays double daily rental for each subsequent start of the calendar day.
5.5. Deviations from this rule are possible, but only with prior agreement between the Client and Charterer.
5.6. When returning a vessel to a port that is not contracted as a landing port, the Client pays Charterer all the costs involved in the transfer of the vessel to the agreed landing port.
5.7. When returning the vessel, the general condition of the vessel and equipment is checked, and a comparison of the inventory and equipment with the inventory list by the Charterer (check out).
5.8. The Client is obligated to report to the representative of Chartere all possible defects and damages. If the damage is caused on the underwater part of the vessel, or there is a doubt about it, a detailed inspection of the vessel is required by engaging a diver or a crane. The manner in which the review will be carried out is decided by Charterer and the cost of the proceedings is borne by the Client.
5.9. If the Client attempts to cover the damage or loss that occurred during the rental of the vessel, he is obliged to pay Cahrterer a sum of 200 € and to compensate for the damage done.
5.10. Charterer will make a charge for fuel refill as well as charge for fuel refueling service if the Client does not return the full tank, as indicated on the checklist signed by the Client when handing over the vessel.
6.1. The Client agrees and declares that:
• Before the beginning of the rental, he shall provide the valid identification document of the Client and the skipper, as well as the number of the valid navigation permit
• They will have valid travel documents; costs incurred in connection with loss, damage or theft of documents during the voyage shall be borne by Client or the passenger
• He will operate the boat, inventory and equipment conscientiously and with due care in the way how he would manage his own property and will act responsibly in every respect
• He will not operate a boat under the influence of alcohol or drugs
• He shall sail within the territories of the territorial waters of the Republic of Croatia
• He shall not sail in the zones prohibited for navigation (military zones, etc.)
• He shall not sail and plan routes without studying the navigation charts and nautical guides, and in particular he shall not navigate the areas that have not been adequately investigated and are insufficiently covered by nautical maps
• He shall carefully plan the route and not deviate from the route
• He shall sail solely under safe weather conditions and at good visibility, and he shall avoid hazardous areas of navigation
• He shall not leave the port or anchorage if the wind force exceeds 20 knots or the wind force is expected to be such or greater and he shall not leave the port or anchorage if the weather conditions are unstable or bad weather conditions are expected
• He shall not leave the port or the anchorage if the boat or some important part of the equipment such as a engine, ropes, bilge pump, anchorage equipment, navigation lights, safety equipment are faulty
• He shall not leave the port if the port authorities have prohibited the sailing or issued a ban on outbound sailing, if there is insufficient fuel and water supply, and if the health condition of a passenger is such that his life would be endangered by further sailing
• He shall not use the boat for commercial purposes (transportation of persons or objects against the compensation), professional fishing, sailing school and everything else that equals the commercial purpose
• He shall not subcharter the boat or assign it to a third party
• He shall not let the number of persons on board that exceeds the envisaged number for that boat
• He shall not participate in regattas or races, in any capacity, without the consent by Charterer
• He shall not haul any other boat except in emergency and urgent situations
• He shall take all preventive measures to avoid the situation that the chartered boat must haul some other boat. If such a situation arises, Charteree shall be obligated to take all security measures while waiting for the haulage, as well as other necessary actions, and shall immediately contact Charterer; the haulage price cannot be arranged by Charteree without the consent by Charterer, otherwise he or she shall bear the cost of such hauling
• The guest, as well as other passengers on board, shall behave in accordance with the applicable laws and regulations of the Republic of Croatia, and in particular they shall comply with the regulations on fishing, underwater fishing as well as archeological artifacts, since none of the activities mentioned is allowed without the prior approval by the competent authorities.
• He agrees that Charterer can terminate the Boat Charter Agreement immediately if Charteree or one of the passengers has violated the provision of a law or other regulation of the Republic of Croatia; in this case, Charterer shall be entitled to take over the boat immediately and Charteree shall not be entitled to any compensation
• Only Charteree or passenger on the boat shall be responsible for each committed violation or offense or criminal act in respect to the boat under charter, which would would be committed during the chartering and which would be the result of the deliberate act or omission of a guest or a passenger
• Charteree shall assume all responsibility and compensate for all damages and expenses resulting from any diliberate action or omission of Charteree or a passenger for which Charterer is liable to third parties on any grounds
• The Charteree’s liability for the damage caused, violation or criminal offense commited during the time of charter of the boat and in connection with the charter of the boat whose occurrence or perpetration was established after the end of the charter shall not cease after the end of the charter (the guest’s liability lasts until the final or non-appealable decision is rendered and till the end of the proceedings)
• In the event of an average of the boat, accident or any other exceptional occurrence, he shall record the course of the event and report it to Charterer immediately and submit a report of the maritime accident to the nearest Harbour Master’s Office and take all other necessary and prescribed actions as instructed by the competent authority or Charterer.
• In the event of the ship or equipment disappearance, inability to operate the boat, and in the event of confiscation or seizure of the boat, or in the event that prohibition measures were pronounced for the boat or Charteree in connection with sailing, he shall immediately notify Charter thereabout as well as the competent authorities and take all necessary actions according to the instructions of the competent authorities and/or Charterer
• In the event of failure on a boat or ship equipment resulting from any natural tear and wear of a boat or the equipment, he shall immediately notify Charterer thereabout and shall follow its instructions; Charterer is obligated to rectify the malfunction within 24 hours of receiving notification; if Charterer eliminates a defect within 24 hours, the Client is not entitled to any compensation; telephone numbers that can be served with a malfunction notice are phone numbers posted on the Charterer website
• He shall fully compensate Charterer for any damage resulting from the Charteree’s fault or negligence which is not covered by the insurance and for which Charterer is liable to a third party
• He shall assume the sole and complete responsibility in case that a competent authority seizes the boat for the reason of unlawful actions undertaken during the rental period (commercial fishing, antiquity removal); Charteree assumes exclusive and full responsibility towards the state competent authorities as well as towards Charterer for damages that would result from the described unlawful actions
• He shall fill fuel in the prescribed manner at the places designated for it, and he shall dispose of the waste at places designated for that purpose; Charteree shall be responsible for the pollution of the sea that has occurred during the filling of the fuel as well as for the disposal of waste outside of the prescribed locations
• He shall check the amount of oil in the engine on a daily basis; Charteree shall be solely responsible for any damage that would result from the lack of oil in the engine
• He shall not place a pet on the board of the boat without the prior consent by Charterer
• He shall anchor and dock only in ports and small ports that are safe, taking into account current and upcoming weather conditions
• He shall bear full responsibility for the damage that would result from anchoring and docking in unsafe ports and small ports
• Charteree shall make all passengers indicated in the list of the crew familiar with the provisions of these General Terms and Conditions.
Obligations of the commander of the vessel
7.1. A Client who assumes the function of a commander of a vessel must have the necessary maritime knowledge and skills and a valid permit for operation of the vessel on the open sea.
7.2. If the Client does not have the required documents, knowledge and skills, he or she will be responsible for ensuring that the vessel is operated by the person with these skills.
7.3. Charterer may request from a Client or a person designated by the Client for commander to demonstrate their knowledge and skills in the presence of Charterer representatives at sea.
7.4. The time spent on testing is included in the time period in which the vessel was hired.
7.5. If the Client already knows in advance that he will be required for skipper services, he / she must inform the Charterer staff when making the reservation.
8.1. The boat is secured for damage caused to third parties, and from third party liability (compulsory insurance).
8.2. The boat is also secured with a deductible franchise in the declared value of the vessel for risks to the insurance policy.
8.3. Casco Insurance covers damage over the amount of the deposit, but not damage caused deliberately or for gross negligence.
8.4. Charterer is not liable for the loss and / or damage to the assets of the Client and other crew members, as well as other property, deployed and guarded on a vessel, operating vehicle or Charterer office.
8.5. All damages and / or losses must be reported Charterer immediately upon emergence.
8.6. In the event of major incidents, as well as in the participation of several vessels, it is necessary to report the case to the competent port captaincy and to request from them appropriate documents to be subsequently submitted to the insurer.
8.7. There is a possibility of damages covered by the insurance policy, which were not immediately reported to Charterer to the competent authorities or insurers, and for which there is no all necessary documentation will not be recognized in accordance with the terms of the insurance, and for them in full amount corresponds to the Client.
8.8. In the event of damage to the vessel, the Client is obliged to bear the costs in accordance with the existing insurance terms, only to the extent of the deposit.
8.9. The cost of any damage to vessels and / or equipment caused by gross negligence and / or loss of one or more parts of the equipment is borne by the Client in full.
8.10. If the client, by his fault, damages the propeller or leg of the engine on board, he is obliged to pay compensation to the Charterer for the damage suffered in full amount for each day of the leased contract, at the valid price list.
Client has the right to complain if he considers the chartered services are incompletely and/or poorly executed. Client may only claim compensation if he submits a written complaint immediately upon return of the boat and encloses all relevant documentation and photographs. The written complaint must be signed by both Client and Charterer. Subsequently received complaints, as well as those submitted without the enclosed documentation shall not be considered by Charterer. Charterer must make a written decision on the received complaint within 15 days.
10.1. In the event of any dispute, the Court in the registered seat of the Charterer shall have jurisdiction. The Croatian law shall apply to all relations between Client and Charterer.
10.2. The English version of the contract represents only the translation of the original Croatian text. In the case of dispute, only Croatian text can be used as a basis for interpretation of the provisions of the Contract.