ARTICLE 1

Charterer is the company CARPE DIEM – Kralja Petra Svačića 4, 23210 Biograd na Moru, OIB: 57147430301, which provides boat charter services. Charteree is the person who hires the boat and is authorized to operate the boat that is the subject of the Charter Agreement. Charteree is the person who is authorized to operate the vessel as evidenced by means of a valid document while signing the agreement.  Charteree is obligated towards the Charterer to comply with all obligations arising from the Charter Agreement or in connection with this Agreement.  The person referred to in the agreemeent who is authorized to operate the boat shall be subject to all provisions relating to the Charteree.

ARTICLE 2

The general terms and conditions of the boat chartering apply to the mutual rights and obligations of the company CARPE DIEM as Charterer and service beneficiary as Charteree. The General Terms and Conditions are an integral part of the Charter Agreement between Charterer and Charteree and are equally legally binding on the both contracting parties. Both Charterer and the Charteree agree that these General Terms and Conditions, as well as the Charter Agreement shall be executed in good faith while respecting mutual rights and obligations and good business practices

ARTICLE 3

These General Terms, as well as the Rental Contract are published on the landlord’s website, and are available to the lessee at all times.

ARTICLE 4

The Charter Agreement is concluded between Charterer and Charteree. All rights and obligations arising from the fulfilment of the contractual obligations shall be exercised between Charterer and Charteree.

ARTICLE 5

The Charter Agreement is concluded between Charterer and Charteree at the time when a guest pays a down payment for one or several boats.  From that moment, the provisions of the Charter Agreement and the provisions of these General Terms and Conditions shall apply to Charterer and Charteree.  After the guest has paid the down payment, the guest shall be deemed to have been made familiar with the terms and conditions of the Charter Agreement and the provisions of the General Terms and Conditions.

 

Boat Reservation

ARTICLE 6

When booking a boat, Charteree is obliged to provide all his/her information: full name and surname, address, date of birth, type and number of valid identification document. When making a reservation, Charteree must send a copy of the license for operating the vessel to clearly show the name of a person that is a license holder, validity term, and the category of a vessel for which the license was issued. If Charteree is not able to provide the information when making the reservation, he/she must do so within 8 days from the date of the reservation.

 

Charter Price

ARTICLE 7

Boat charter prices are posted on the Charter’s official website.  The charter prices are indicated for each boat separately.  The boat charter price includes the charter of a boat with full fuel and water tanks, use of boats and all devices on the boat, mandatory and voluntary boat insurance, full boat coverage exceeding the value of the agreed deposit, and insurance of the Charteree and passengers from accident.  The boat price includes the use of all devices and objects indicated in the list of the equipment which is posted on the Charterer’s official website for each boat. The boat charter price does not cover the costs of the marina, berthing charge, sojourn tax, as well as other fees and charges payable to the state administrative authorities or  regional or local self-government departments or to the persons to whom these authorities have delegated their powers (concessionaires), fuel and water costs in tanks, health insurance for guest and passenger on board, and anything else that is not specifically determined to be included in the boat charter price.  If the change is made to the boat charter price (to be higher or lower) after the deposit has been paid, the boat charter price applicable at the time when the boat was booked and down payment was paid shall apply both to Charteree and Charterer.

 

Payment

ARTICLE 8

The boat charter rule is that the rent is paid in advance and not by boat arrival. The rent is paid by a bank transaction, so advance payment is made immediately upon booking, and the rest no later than 4 weeks before charter. Upon receipt of the entire amount a voucher will be sent to the guest for the takeover of the vessel.

 

Entitlement of the Guest to Cancellation of the Agreement

ARTICLE 9

Charteree may cancel the Charter Agreement by e-mail or by registered mail. If Charteree cancels the Charter Agreement by e-mail, then it shall only be valid if Charterer has confirmed that he has received his email.  Charterer shall send the confirmation about the receipt of the e-mail of Charteree by which he cancels the Agreement immediately after the receipt of the e-mail or no later than within 24 hours starting from the moment when Charteree sent him the email.  Should Charteree fail to receive the Charterer’s confirmation, then the cancellation of the agreement shall not be considered valid. The date when Charterer received the cancellation of the agreement (the date indicated in the return receipt or the date of receipt of the e-mail (if there is a confirmation of the receipt) applies. The money paid for the reservation shall not be refunded, unless the agreement is cancelled for some justified case, such as a disease. In such a case in agreement with Charteree we shall not refund the money, but shall negotiate some other date and in this way we recognize the money he has paid for the reservation, but had to cancel it for a justified reason. The existence of the circumstance referred to in paragraph 1 of this Article must be proved by the guest by means of some authentic documents to be delivered to Charterer in original form and certified translation into the Croatian language.

 

Deposit

ARTICLE 10

The deposit is required for all vessels in the lease. Its altitude depends on the size of the vessel and the amount of insurance for boats and yachts. It is paid immediately before boarding and returns to the client on disembarkation if there is no damage, loss of equipment, delay with return to base, etc.

 

Taking Over of Boat

ARTICLE 11

The boat is normally taken over between 8 and 10 am in the charter base at an agreed location.  If Charteree, without any prior notice, for no reason, fails to take over the boat even after 12 hours after the agreed takeover time, Charterer shall be authorized to terminate the Boat Charter Agreement unilaterally with no delay, while Charteree shall not be entitled to the refund of the amount paid, or any other kind of compensation.   If Charterer for any reason whatsoever may not deliver the booked boat to Charteree within the agreed time, Charterer shall be entitled to make some other boat of the same of better features available to Charteree within 24 hours (starting from the time when the boat was to be delivered).  Otherwise, Charteree may immediately terminate the agreement unilaterally and shall be entitled to the refund of all payments made to the Charterer’s account. If Charteree decides to wait for the replacement boat beyond 24 hours after the agreed time of takeover of the boat, then he can claim the amount equivalent to the value of the charter for the number of days that he could not use the boat, which is regulated by the Charterer’ s official pricelist. The Charterer’s liability for the payment of higher or any other amounts, except for those prescribed in the pricelist is excluded.

ARTICLE 12

Charterer is obliged to hand over the boat fit for navigation, which means that the boat in normal condition, technically faultless, fully equipped according to the inventory list, with full fuel and water tanks.

ARTICLE 13

Upon takeover of the boat, Charteree shall be obliged to check the general condition of the boat and the equipment and verify that the equipment on the boat complies with the inventory list. The guest confirms the foregoing by signing the inventory list. The guest may file the complaints about the general condition of the boat and the equipment and complaints about incompliance of the equipment with the inventory list only before the start of the voyage or chartering of the boat.  Hidden faults and defects of the boat and/or the equipment which Charterer could not have known at the time when Charteree took over the boat as well as the defects or faults occurring after the handover of the boat and which Charterer could not have anticipated do not entitle Charteree to seek the reduction of the charter 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, Charteree 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.

 

Return of the Boat

ARTICLE 14

Charteree shall return the vessel to the port where he took over the boat no later than 18.00 hours on the last day of the charter.  Charteree 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 Charteree is obliged to plan the voyage taking into account the weather conditions. Charteree is obliged to return the boat in the condition in which he has received it.  Charteree is obliged to return the boat in normal and clean condition and cleaning shall not be speicifically charged to him.  If a guest returns the boat untidy and dirty, the cleaning cost shall be charged to him from the deposit in the amount of EUR 30.00 in HRK equivalent on the day of payment at the medium exchange rate of the Croatian National Bank.  Charteree shall be obliged to fill the full fuel tank at the gas station before handing over the boat.  Upon returning the boat, Charterer shall replenish the fuel tank at the guest’s expense at the price at which Charteree has previously filled the fuel tank.

ARTICLE 15

In the event that Charteree for any reason returns the boat to a port which is not designated as the port of destination, Charteree shall pay Charterer all the costs of transfer to the port of destination, costs incurred by Charterer if for this reason handing over of the boat to some other guest was delayed, as well as the compensation for damages not covered by the insurance policy, which occurred during the transfer.

ARTICLE 16

When handing over the boat, Charterer shall in the presence of Charteree check the general condition of the boat and the equipment and check the inventory found with the list of inventory signed by Charteree at the time of taking over the boat.

ARTICLE 17

Charteree shall report to Charterer any damage to the boat, part of the boat, equipment or inventory as well as the loss of the parts of the boat, equipment or inventory.  Charteree shall bear the responsibility for the damage occured as a result of the damage to the boat, part of the boat, equipment or inventory and as a result of loss of the parts of the boat, equipment or inventory, which damage occurred by intentional, careless or incorrect handling by the guest or some of the passangers on the boat. The damage so occurred shall be compensated from the deposit and if the amount of damage exceeds the amount of deposit and is not covered by insurance, Charterer shall seek the compensation of the damages to the full amount from Charteree.

 

Complaints

ARTICLE 18

Any complaints about rental services or vessels must be submitted in writing within a specified timeframe. If there is a situation that can not be resolved peacefully, the case will be conducted at the competent court.

 

Jurisdiction of Court

ARTICLE 19

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 Charteree and Charterer.