TERMS OF AGREEMENT
1. PAYMENTCharterer is obliged to pay amount for his charter by dates which are listed in this contract. Payment can be made by bank transfer, credit card or cash. Charterer is obligated to deliver crew list which contains names, surnames, passport numbers, citizenship, dates and places of birth of all crew members, also a photocopy of skipper's and radio licence which has serial numbers clearly visible at least seven days before beginning of charter
2. CHARTER FEECharter fee covers the use of vessel. The vessel is handed over to the charterer with full water and fuel tanks, seaworthy and clean, and should be returned in the same condition.
3. TRANSFERABA VELA is obliged to deliver vessel seaworthy. If it fails to make vessel available to charterer at the agreed time and place, regardless of reason, charterer may request reimbursement for days he did not have the vessel or request replacement boat with similar or better characteristics. If ABA VELA is not able to provide replacement boat within 24 ours the charterer may withdraw from the contract and claim reimbursement for as many daily rent charges as the vessel was unavailable. There are no other compensation rights.
Charterer is obligated to check whether the vessel is seaworthy and whether all equipment items listed in checklist are on the vessel. If there is any complain it must be written on the check list before signing it. All shortages, defects of vessel or equipment unnoticed at delivery give no right to Charterer to reduce the original charter fee.
Charterer is obligated to hand over the vessel to ABA VELA at agreed time and place. If charterer fails to return the vessel on the time and place set, he must pay the day charge of the boat for delay up to 3 hours. If delay is more then 3 hours charterer must pay triple the amount of day charge plus ABA VELA’s loss and expenses resulting by there delay. The delay is justified in case of force majeure only and in that case Charterer is obliged to inform ABA VELA immediately.
4. DEPOSITBefore taking over the vessel, the charterer must leave the deposit at the check-in & check-out office with VISA, MASTER or DINERS credit card slip or in cash. Amount of deposit is 1000 € for boats under and 1500 € for boats above 40 feet. The deposit is fully refunded if the vessel is returned to ABA VELA at the agreed time and place undamaged with fuel tank full.
5. INSURANCEThe vessel is insured for all material damages and passenger injury done to third parties up to 1.000.000 €. Vessel's Full KASKO insurance policy covers of all risks including material damages all above 1500 € (boats bigger then 40 feet) or 1000 € (boats smaller then 40 feet) up to total value of the boat. Policy includes mandatory personal accident insurance of passengers in public transportation and voluntary personal insurance. Damages covered by insurance, which are not immediately reported to the closest Harbour Master and ABA VELA, will not be acknowledged in terms of insurance policy, and from those, eventual damages are becoming full responsibility of the charterer.
6. CHARTERER'S RESPONSIBILITIESFor charterer’s acts and/or neglect for which the ABA VELA is responsible to a third party, charterer will cover all expenses to ABA VELA for material and legal costs resulting from his acts and/or neglect. Charterer is particularly responsible in case the vessel is sized by officials on the basis of illegal action.
In case of collision with other boat or land, or any other type of accident charterer will record course of events, contact ABAVELA and closest authorised officials and request the necessary written certificate from Harbour Office. In case of vessel seizure or prohibition of further sailing by Government official or other person charterer is obliged to immediately notify ABA VELA. The costs of damaged made on vessel or its equipment are to be covered by charterer. Charterer is obliged to check the oil in the engine every day, damages resulting from the lack of oil in the engine will also be covered by charterer. Underwater portion of vessel will be inspected at the end of charter, charterer being responsible for any damage.
7. CHARTERER'S LIABILITIESCharterer is obliged to sail within the Croatian territorial waters. For sailing to other countries ABA VELA will acquire official licence at request. He makes commitment that will neither sublet nor lend the vessel to any other person and that he will not take part in regattas, use the vessel for any commercial purposes, and that will sail under safe weather condition. Charterer declares that he possesses a valid navigation license or if otherwise, that he will leave the conduct of the vessel to a crew member who has the license required.
8. CHARTER WITHDRAWALIf for any reason charterer is unable to take over the vessel, he may find another person who will enter the contract in his place with ABA VELA’s prior consent. If no replacement can be found, ABA VELA shall retain:
30 % of charier fee for withdrawals two months prior to beginning of charter
50 % of charter fee for withdrawals more then four weeks before beginning of the charter
100 % of charter fee for withdrawals within four weeks before beginning of the charter