ROK MODELOWY: 2007 Beneteau Cyclades 39.3 / nowe żagle 2012
KAUCJA (zwrotna): 1500,00 euro
KABINY: 3 + salon
ŁÓŻKA: 6 + 2
DŁUGOŚĆ CAŁKOWITA 11,97 m
DŁUGOŚĆ KADŁUBA: 11,71 m
SZEROKOŚĆ POKŁADU: 3,95 m
ZANURZENIE: 1,9 m
ZBIORNIKI WODY: 330 l
ZBIORNIK PALIWA: 220 l
SILNIK : Yanmar 40 hp
GŁÓWNY ŻAGIEL: Semi Full Batten Lazy Jack 35,5 m2
GENUA: 29 m2, zwijana
GENERAL TERMS & CONDITIONS FOR YACHT CHARTER – SEASON 2017
These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessels - yacht charter. The vessels regulated by Terms (hereinafter: Vessels) are recreational vessels listed in the fleet of SailingEuropeCharter – More i brodovi d.o.o. Zagreb (hereinafter: SailingEuropeCharter) as published on official web pages of SailingEuropeCharter – www.sailingeuropecharter.com.
Gold Sail d.o.o. is an official agent of SailingEuropeCharter.
These Terms and all stipulations stated in them shall be the subject of legal liability and be binding for both SailingEuropeCharter and the Client who charters the Vessels (hereinafter: Client). By confirming of the booking intention or paying the advance payment the Client confirms to agree with Terms.
2. Booking Confirmation
From Client’s side, the booking intention is confirmed when advance payment is paid by Client.
From SailingEuropeCharter’s side the booking will be confirmed when full amount of advance payment lands on its account.
3. Payment Methods and Dynamics
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
All payments have to be done according to payment instructions listed in the Pro-forma Invoice and accompanying documentation which SailingEuropeCharter has sent either to Client or to Agency-Mediator who represents the Client.
The primary method of payment for the yacht charter is bank transfer. Client accepts to pay full costs of the bank transfer charges, and when making the payment should emphasize to his/her bank that all bank fees (of both outgoing and incoming bank) should be paid by Client. If Client fails to do so and SailingEuropeCharter is charged bank transfer fees, it will be considered that the payment is not fully settled and Client will need to settle the remaining amount.
Exceptionally, SailingEuropeCharter may allow other methods of payment, but in such cases discounts for yacht charter services may decrease due to surcharges and fees connected with those alternative payment methods. Any such details shall be stated in the Pro-forma invoice and Client agrees to them if choosing the alternative payment method.
The Vessel can be taken over only after the complete amount 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, SailingEuropeCharter shall be entitled to cancel the Vessel’s booking without any refunds to the Client.
4. The Price of Yacht Charter
The price for yacht charter shall include the following: the Vessel equipped according to the presently effective inventory-list, such as bed- linen, auxiliary boat with oars, gas..., 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 services and moorings, harbor dues, taxes, entrance tickets to parks, or any other additional services other than those explicitly stated as included in Vessel’s equipment list. Yacht charter price includes VAT valid at the time of booking confirmation, however, should the relevant VAT rate be increased by law prior to beginning of charter, SailingEuropeCharter reserves the right to charge the VAT difference.
If the booking starts and/or ends at an alternative base (i.e. any base other than Rogač, which is the homeport of the Vessels) the Client acknowledges that berthing fees of such alternative marina are not included in the yacht charter price, and that the Client will need to settle those marina berthing fees, in addition to a one-way fee or base-change fee as per valid Price List of SailingEuropeCharter.
5. Additional services - Extras
Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective Price List (e.g. auxiliary engine, one-way options, transfers, genaker, skipper, 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 SailingEuropeCharter 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 SailingEuropeCharter 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. Only very exceptionally, SailingEuropeCharter can allow last minute confirmation of Extras in particular cases.
6. Hiring a Skipper, Hostess, Cook or other professional Crew
If Client requires a skipper and/or a hostess and/or a cook and/or other professional crew aboard, it would be necessary to point it out during the time of confirmation of charter reservation.
Client and Client’s guests on board should treat the crew with proper professional respect, and should allow them a proper amount of daily rest. The food of the crew during the charter period is financial responsibility of Client, according to usual charter standards.
If Client does not require a skipper, the copy of his/her skipper's license is to be sent on the occasion of Vessel's booking, for the verification and approval. If the license is not approved, the Client will be obliged to take a professional skipper.
For some Vessels SailingEuropeCharter may request that a professional skipper and/or other professional crew members are obligatory regardless of Client’s licenses. This will be indicated at the time of arranging the booking.
7. 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 SailingEuropeCharter, and that Client is responsible for the other guests 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 organize 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, licenses and other identification documents. Client and his guests aboard are responsible to obtain appropriate visas for Croatia and other countries they travel through, if applicable.
In particular, Client acknowledges that the sailing license is a very important document on-board and is legally responsible for its accuracy and trustworthiness.
8. 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 SailingEuropeCharter per email about the cancellation without delay.
Client shall be charged for the cancellation in the amount of:
- 35% of the total yacht charter price if a reservation has been cancelled more than 2 months prior to the first charter day.
- 65% of the total yacht charter price if a reservation has been cancelled more than 1 month but less than 2 months prior to the first charter day.
- 100% of the total charter price if a reservation has been cancelled less than a month prior to the first charter day. 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.
Also, if skipper was reserved and then cancelled by Client, skipper fee has to be paid nevertheless, according to the same percentages as listed above (35% of the total skipper price if skipper was cancelled more than 2 months prior to the first charter day, 65% for 1-2 months and 100% for less than 1 month). The same holds true also in case of a hostess or cook. Cancellation of skipper, hostess and cook is charged regardless of whether the Vessel booking has been cancelled or not.
In all cancellation cases, SailingEuropeCharter shall consider the receipt date of information on cancellation as a basis for the settlement of accounts of the cancellation costs. From this date, SailingEuropeCharter shall be entitled to make the Vessel free for bookings by other clients, and shall have no further obligations towards the Client related to the cancelled booking.
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.), SailingEuropeCharter may allow the Client to use the already paid amount as a pre-payment for the next booking within one year period.
9. Changes and Modifications
Should the Client request a smaller change in the booking details (e.g. change of name or similar), an administrative fee of 45 EUR shall be charged to the Client.
Should the Client request a change in the charter period of the booked Vessel, and/or a change of the vessel or base, or any other major change, SailingEuropeCharter reserves the right to charge for the cancellation of the original booking. Alternatively, SailingEuropeCharter may choose to grant the requested change to the Client without charging the cancellation of the original booking, however in such case an administrative fee of 300 EUR shall be charged to the Client.
10. Cancellations by SailingEuropeCharter
Should the booking be cancelled by SailingEuropeCharter, then SailingEuropeCharter will offer to Client:
a) reservation of another vessel, from own fleet or from another fleet, of similar size and with similar features, if possible. If the new and in such a case they have to be paid by the Client.
18. Liabilities of SailingEuropeCharter
SailingEuropeCharter shall deliver the Vessel in good working condition, clean and with completely filled fuel and water tanks. SailingEuropeCharter shall arrange and conduct check-in and check-out services at the base according to usual industry standards and procedures. In case of any special or additional requests of the Client (e.g. earlier check-in, longer explanations during check-in, special needs... etc.) SailingEuropeCharter shall try to resolve them to the satisfaction of the Client, but Client acknowledges that this is not a liability of SailingEuropeCharter, and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially.
If it would not be possible to deliver the Vessel at the latest within 4 hours from the contracted check-in time, the Client is entitled to require repayment for being overdue calculated at pro-rata basis (proportional to the contracted charter duration and charter fees receieved). If a delay longer than 24 hours occurs, the Client can request another vessel from SailingEuropeCharter with similar size and features.
If an adequate substitute vessel cannot be found, the Client can request the refund amount proportional to the number of days in which he did not have the Vessel at his disposal.
Responsibility of SailingEuropeCharter to pay an amount higher than the amount it received for that booking is excluded. SailingEuropeCharter is not responsible for delays caused by Force Majoure (e.g. earthquakes, floods, thunders, fire, other natural calamities, wars, civil wars, terrorism, strikes, etc.) or by severe weather conditions.
19. Liabilities of the Client
Other than what was already stated in these terms, the Client shall also be liable:
- to be nautically and navigationally skilled for the Vessel charter, otherwise he shall be liable to accept a skipper according to the
effective Price List of SailingEuropeCharter,
- to have all required licenses for operating the Vessel in case of bareboat charter,
- not to leave the Vessel to the third party,
- not to transport persons or goods for commercial purposes, or engage in any other commercial use of Vessel
- to have aboard exact number of persons, and exact persons, as stated on the crew list,
- to keep the crew list with the certificate of residence registration together with ship documentation for the whole duration of
- to promptly inform SailingEuropeCharter about any possible changes in crew members or passengers,
- to fully respect legal regulations of the host country,
- not to participate in competitions and regattas without consent granted by SailingEuropeCharter,
- to hold on to obligatory control intervals for the duration of cruising,
- in case of towing, to conclude an award for rescuing prior to the acceptance of help,
- to undertake all safety precautions in order to keep the Vessel in good condition and avoid any damages or towing of the Vessel,
- not to leave the port if the foreseen wind force were estimated stronger than 25 knots, or if the port authorities issued a
prohibition on leaving port
- to avoid unnecessary burdening of masts, sails and ropes, i.e. to sail respecting the weather conditions,
- to plan the navigation route very carefully, so that two days before arrival the vessel is at approximately 40 NM distant from the
check-out charter base,
- not to sail at night without prior consent given by SailingEuropeCharter,
- not to sail single-handed without prior consent given by SailingEuropeCharter,
- to inform the charter base manager about the Vessel's exact location in case of severe weather conditions (gale-force wind), in
order to avoid unnecessary and expensive search for the Vessel,
- not to operate the Vessel under influence of alcohol or any illegal drugs, and generally not to use or have any illegal drugs on
- not to make excessive noise in marinas, harbors and other mooring locations,
- to respect privacy and night-rest rights of occupants of the neighboring vessels and houses,
- not to engage with fishing or any other submarine activities without a valid license for such activities,
- not to embark pets (dogs, cats, birds, etc.) aboard without written consent of SailingEuropeCharter.
The Client warrants joint responsibility for all crew members i.e. guests on-board. All consequences arising from the Client's or his crew or guests on board not respecting the above liabilities are the joint and several responsibility of the Client and crew/guests on-board. In case of breach of the clauses above or other obligations of the Client and its crew/guests based on these Terms, SailingEuropeCharter is entitled to remunerate from the Deposit in amount between 100 EUR and the full Deposit, depending of the seriousness of the breach, and to claim indemnity for full incurred damage..
Complaints shall be accepted in writing on the date of taking over the Vessel (check-in) only. They must be signed by the Client and the representative of SailingEuropeCharter.
The complaints shall be resolved in the following manner:
- In case of a cleanliness complaint, SailingEuropeCharter will inspect the issue, and if the complaint is justified, organize
additional cleaning activities to correct the issue. In case of such type of complaints there will be no financial refund.
- In case of a smaller reported shortcomings or damages, which do not seriously affect security of navigation, SailingEuropeCharter will inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue. The Client acknowledges that, despite best efforts of the team, it may happen sometimes that it will not be possible to correct the issue in a given timeframe due to objective reasons. Generally, in case of such smaller issues there will be no
- In case of a larger reported shortcomings or damages, which do seriously affect security of navigation, SailingEuropeCharter will
inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue in the fastest possible way. Depending on the time needed to correct the issue, Client will be remunerated according to relevant provisions of these Terms (see section: Liabilities of SailingEuropeCharter).
In case of serious issues that objectively could not have been noticed during the check-in, but were properly reported according to section “Damages during yacht charter”, the Client may require indemnity latest during the check out. On this occasion he should file a complaint in writing signed by the both parties with all belonging documentation.
If the Client's complaint was reported but could not be solved during the check out, it should be re-sent in writing within 14 days, otherwise it shall not be taken into consideration.
SailingEuropeCharter will analyze received complaint and try to resolve it in a timely and fair manner. SailingEuropeCharter will provide an official answer to Client as soon as possible, and latest within 30 days from the receipt of the complaint.
The parties will strive to resolve any dispute in a peaceful manner.
If the parties are not able to reach an agreement among them, the court in Zagreb, Croatia has the jurisdiction over their dispute.
These Terms come to force and are valid starting from 20.11.2013, and from this date replace any previous general terms and conditions for yacht charter of SailingEuropeCharter.
These Terms remain in force until a next version of the general terms and conditions for yacht charter shall be officially issued and come to force.
On the official web pages of SailingEuropeCharter there will always be a presently applicable version published.