T&Cs

GENERAL CONDITIONS FOR THE USE OF YACHTS

chartered from bases supervised by ADRIA YACHT CENTER GmbH

1.     The hired vessels together with their extensive accessories may only be used once the hire has been duly paid. In cases where an advance down payment was stipulated, the residual sum must be paid at least 4 weeks prior to the date as from which the vessel will be required for use. We can use clients’ addresses for advertisement letters.

2.     Cancellation fees equivalent to the value of the down payment are payable in the case of bookings cancelled at least one month in advance. The hirer forfeits the full hire if he cancels a booking at less than one month’s notice. The hirer may insure himself against this risk by arrangement with ADRIA YACHT CENTER GmbH. The insurance premium in such case is equivalent to 5 % of the total hire and falls due at the same time as the 1^st down payment. The hirer then is indemnified against the need to pay cancellation fees in cases where a sudden serious illness compels him to withdraw from the charter party in its entirety and the chartered yacht cannot be used. Change of reservation to the “last minute option” can’t be accepted free of charge (Cancellation fee is charged ).    

3.     As far as possible only fully equipped vessels – but in any case only vessels in perfect working order – with full fuel tanks will be made available to the hirer and the latter will be required to return the vessel in that same condition. In the event of damage to the vessel the hirer of the vessel, independent of the insurance is liable to make payment of the first 1000 Euro. However, arrangements can be made for a payment of 150 Euro to exclude the above, that is limited liability in the event of accidents and small losses. With payment of 80 Euro the 1000 Euro can be reduced to 500 Euro. However, in the event of gross negligence, loss of the dinghy or damage to the spinnaker, the hirer will be held liable for the full value. For agency clients we are charging a deposit of EUR 1.000,- in cash or with creditcard – insurances also possible.

4.     Appropriate third party insurance cover is provided. Personal property of the hirer and of crew members is not insured.

5.     Should the vessel suffer minor damage whilst on cruise the hirer can arrange for immediate repairs. In cases where the hirer is not expected to bear the costs of such repairs himself (results of normal wear and tear or where the value of damage is in excess of the own risk limit) the hirer must contact the base management for approval (instructions). An exception to this ruling is made in the case of minor repairs costing up to approx. EUR 100.– for which the hirer will in any case be required to present the original bills. In the event of serious damage, or in that of collision with other vessels the hirer must report the incident to the competent next port authority and assist the latter in the drawing up of a written report (circumstances, assessment of damage, etc.) for the insurance company. At the same time the hirer must also inform the base accordingly. Should the hirer fail to comply with these requirements he may be held liable for the full costs of the damage.

6.     If, for any reason whatever, it is not possible to sail any further, or it will not be possible to return the vessel by the agreed deadline, the base must be contacted with the object of obtaining necessary instructions.                                               

7.     If the vessel is not returned by the agreed time, even if this is caused by bad weather conditions, the hirer will be held liable for all costs which this causes for the ship’s owner. The hirer is advised to make allowances for such conditions when planning his cruise.

8.     If the owners are not in a position to make the reserved vessel available to the hirer they may provide supply him with a different vessel provided that this latter vessel is at least of a comparable nature. Should this not be possible either, it is hereby agreed that:

a)  The owners will immediately refund for the time spent waiting.

b)  Arrangements will be made to find suitable accommodation for the duration of the delay.

c)  If after a period of 48 hours a suitable vessel has not been provided, the hirer may cancel his arrangements whit the charter party and claim refund of all payments. The owners cannot be held liable for compensation in excess of the agreed hire.

9.        The hirer is not entitled to claim a reduction of the hire fee because of hidden defects in the yacht or its accessories in cases where the owners could not have been aware of such defects at the time of handing over the vessel to the hirer. The same applies in the case of any such defects which emerge after handover.

10.   For forgotten objects on the yachts there is no guarantee whatsoever.

11.  In the hiring out of yachts, there is a possibility of planned journeys not being realised, in this instance compensation cannot be claimed.

12.   Any claims which the hirer may make for compensation can only be considered by the owners in those cases where the hirer can substantiate his claim with a detailed written report on the alleged damage or defects signed by the base management. The hirer hereby agrees to accept this ruling in view of the fact that further use of the vessel by other hirers in the meantime – and also the considerable distances involved – would make it extremely difficult to investigate complaints of alleged defects or damage at any later date.

13.   For the above stated reasons – difficulty of ascertainment – the hirer should notify the owners of any such claims within the agreed preclusive period of one month on from the date upon which the hirer was required to return the vessel as to the owners as per the terms of the charter party. The owners cannot consider any claims submitted beyond this time limit.

14.  Weather and quality guarantee: If they are more than 3 days per week with bad conditions (min. 3 hours on daytime/day rain on the base) or more than 4 hours daytime/day breakdown for using the yacht (maintenance mistakes from the base), so the customer have a legal claim for a credit item of 10% for the next charter. This credit item have be done directly on the base!

15.   The hirer will be solely liable for the consequences arising from a failure to obey public rules, regulations, and laws in any country what so ever.

16.   In the event of the hirer himself not wishing to exercise the function of skipper he must appoint a skipper by name, and advise the owners of this appointment, before taking over the vessel. The thus appointed skipper will then be jointly responsible to the hirer.

17.   Should the owners or the charter management come to the conclusion that the skipper does not have the necessary knowledge (e.g. in connection with the present weather situation) they reserve the right to prevent the vessel from sailing.

18.  The skipper must have a necessary boats-licence and radio telephone licence.

19.  The hirer is not allowed to leave territorial waters. (Exception: some ships from Krvavica to Montenegro. Interventions from the Croatian base are in this case not possible.) If the hirer want to participate regatta. Permission must be granted by the company. A refundable deposit of 1.500 Euro will be charged for extra risk. Not all boats are included ! The necessary permits arequired from AYC , otherwise the hirer is unlimitly responsible for the vessel and equipment and all other insurance are void.