General terms and conditions
- Lessor (charter company or vessel owner) undertakes that chartered boat will be available on the specified date, ready for use and in impeccable condition. In the event the Charter company cannot, due to unpredictable reasons (e.g. damage arising from the previous charter), provide the contractually agreed boat, it may, as an exception, provide to the Lessee a boat at least the same size and at least the same number of cabins.
- to handle the chartered boat and the equipment with due care;
- to use the boat only within the territorial waters and comply with the sailing regulations at all times;
- to use the boat for vacation purposes only and to not rent it to the third parties or use it for any profit-making activity. Only persons, who are listed on the crew list, may be present on the boat;
- that the boat shall not participate in any regattas unless agreed so in writing;
- to not take in tow or rescue other boats except in case of emergency;
- to examine on a daily basis level of the motor oil, level of oil in the transmission gear and level of water in the engine cooling system;
- to immediately notify the Charter company of any defect and damage and act according to its instructions. In case of serious damage, accidents, theft, inability to manoeuvre the boat, the Lessee shall draw up "Damage report", which shall be certified by the Harbour Office or police, and if that is not possible by the port authority, doctor or at least two persons with legal capacity.
- Charter price shall include charter of the boat and its equipment, its normal use, insurance against third party and comprehensive insurance with the deductible amount (security deposit), and the mooring in the homeport - this is valid, if the lessor has a contract with the marina that provides a free mooring.
- The price does not include fuel, moorings and harbour, marine and anchorage taxes, car parking fees, tourist fee.
- Upon signing the contract the Lessee shall pay 50 % of the charter price. The remaining 50 % shall be paid 35 days prior to renting the boat, unless otherwise agreed in writing. In case of changes in legislation, tax rises or any other changes, governing payment relations between the Republic of Slovenia and the Republic of Croatia, the company Nomad 2000 d.o.o., reserves the right to change the final price.
- Security deposit or deposit shall be paid by the Lessee by credit card or in cash in the amount of the deductibles of the comprehensive insurance when taking the boat into possession in the marine. Security deposit shall be returned without deductions if the boat is returned undamaged with all the belonging equipment and on time. Security deposit shall be paid by the Lessee also if the skipper is hired with the chartered boat. For the loss of items or damage caused to the items from the boat or parts of the equipment, the actual costs for their replacement or repair, including transport costs and costs incurred during the period the boat cannot be chartered, shall be charged to the Lessee. The compensation shall be calculated upon the return of the boat. If the costs cannot be established immediately, corresponding part or whole of security deposit shall be withheld and the calculation shall be made within 30 days at the latest. Lessee shall check the condition of the engine and engine cooling system on a daily basis. Damage arising due to overheating of the engine is not insured and shall be covered by the Lessee. Damage of the sails is also not covered by the boat insurance, but shall be covered by the Lessee. If previously agreed and if such possibility exists with the respective charter company, Lessee may insure the security deposit. Security deposit may be insured in full or in part.
- If the Lessee for any reason whatsoever cannot using the chartered boat they may with a consent from the Charter company find another person, who takes over their rights and obligations. If they fail to find a replacement, the Charter company shall keep: 25% of the charter price, if the company Nomad 2000 d.o.o. finds a replacement; 50% of the charter price for cancellation up to 35 days prior to renting; - 100% of the charter price for cancellation less than 35 days prior to renting. In case of cancellation due to objective reasons (death in the family, grave accident, war etc.) the paid advance payment shall not be reimbursed.
- Lessee declares that they have valid sailing permit (license for operating the boat and radiotelephony) and adequate sailing and navigation knowledge. Lessee should in any case adjust the sailing to their experiences and weather conditions. They should take into consideration the weather forecast and act in accordance with it. In case the lessee does not have above listed licences and knowledge he has to ensure, that there will be a person with all needed licences and knowledge on board (skipper).
- Charter company may, if justified and if in doubt with regard to sailing and navigation knowledge and abilities of the Lessee, test their practical knowledge. If the Charter company establishes that the Lessee lacks sufficient knowledge, it shall appoint the skipper at additional cost. If the Charter company establishes that the Lessee is not able to operate the boat, it shall have the right to terminate the contract and keep the paid charter price.
- Handover: the Charter company shall hand over the boat to the Lessee at agreed time and place. If, due to objective reasons, it cannot hand over the boat on time the charter price shall be reduced proportionally for each day of delay. If the Charter company cannot hand over the boat within 36 hours after the agreed date or at the agreed place, which is less than 30 nautical miles away from the homeport, or deliver a substitute boat, the Lessee shall have the right to terminate the contract. In this case the Lessee shall be reimbursed for the charter price, compensations excluded (travel, accommodation...). Upon the hand over the Lessee should examine with due care the condition of the boat and its equipment. All complaints and defects shall be written down in the handover report. The Lessee undertakes to return the boat at the agreed time and place. This duty shall be fulfilled irrespective of weather conditions. The sailing should be planned so that they arrive in time to the homeport irrespective of weather conditions. In the event they fail to return the boat as agreed they shall immediately inform the Charter company or manager of the respective charter base and wait for further instructions. If they are late in returning the boat up to 12 hours, they shall pay a penalty for each hour of delay in the amount of 2 % of the weekly charter of the boat and all the costs incurred due to the delay. If they are late with returning the boat more than 12 hours, they shall pay for each day of delay 20 % of the weekly charter of the boat and all the costs incurred due to the delay. The boat shall be delivered to the Lessee with the full fuel tank, clean and tidy, repaired and ready for further sailing. The Lessee shall return the boat in the same condition. If upon return of the boat the Charter company suspects that the bottom of the boat or centreboard was hit, it may on behalf of the Lessee order the examination by lifting the boat from the water ali or to check the boat with the help of experienced diver.
- Defects, malfunctioning of the instruments or other difficulties with the equipment shall not give the right to the Lessee to cancel the application, to interrupt the voyage or to be entitled to any financial claims, if the proper navigation is possible with the use of classical sailing methods, such as determining the position by compass, sailing "blind", etc., and if the practice of good seamanship ensures the safety of the boat and the crew.
- No domestic pets (dogs, cats, etc.) are allowed on the boat unless agreed so in advance.
- The Lessee shall inform the Lessor in writing (by registered mail) of any compensation claims within 8 days after the charter has ended. All the claims shall already be written down in the handover report upon return of the boat. In case of disputes the competent court shall be the court of the registered seat of the Lessor.
- The lessee declares that prior to signing the contract he was familiar with the condition of the vessel and he read the equipment list and other technical data and that from this point he does not have any objections, since the vessel is exactly the same as provided by the agency, who received all the information from the lessor.
Last modification: 3/10/2017