Terms and Conditions 2025
1. PAYMENT & CHARTER PRICE TERMS
The charterer is required to make a payment of 50% of the total charter fee within 7 days of confirmation as proof of booking, while the remaining balance must be paid no later than 4 weeks before the start of the charter. Payments can be made via bank transfer.
2. INCLUSIONS & EXCLUSIONS
The charter price covers the use of the yacht, including all accessories listed in the inventory, as well as any additional equipment agreed upon by the charterer. It also includes natural wear and tear and the costs of repairing damages resulting from material fatigue. Furthermore, the price covers general taxes, fees, and charges for the starting and finishing berth, along with the proportional costs of liability and comprehensive yacht insurance. The charter price does not include fees for navigating in specific waters, areas, or harbors, mooring fees outside the starting or finishing berth, check-in and check-out fees, or consumable costs such as diesel fuel or gasoline. The yacht is handed over to the charterer with full water and fuel tanks, seaworthy and clean, and should be returned in the same condition. The costs for final cleaning, gas, fuel for the outboard motor, bed linen, and towels may be included in the charter price. If not, these additional costs must be clearly specified by the charter company and communicated to the charterer in a timely manner before the charter date.
3. OBLIGATIONS OF THE CHARTER COMPANY
The charter company commits to the charterer: To hand over the chartered yacht, including all equipment, on the agreed date after full payment of the charter fee, ensuring that it is seaworthy, in proper technical condition, and appropriately maintained considering its age. All prescribed maintenance intervals must be adhered to and cover the entire charter period. Special attention must be given to the maintenance of rescue and safety equipment, such as (if available/mandatory) the life raft, life jackets, emergency signaling devices, EPIRB, fire extinguishers, and the gas stove system, as well as ensuring the completeness and up-to-date status of nautical charts and navigational instruments. To provide the charterer with the vessel’s documentation, including all valid certificates, records, inventories, operating manuals for the yacht, and any other necessary documents required for navigation within the contractually agreed maritime area. These documents must clearly and unambiguously define the designated and exclusively permitted sailing area, as well as any possible time ·restrictions. The charter company must explicitly inform the charterer of any specifics that may not be immediately obvious. To be available to the charterer during the charter period via telephone or radio, at least during regular business hours.
The charterer has the following obligations towards the charter company: Provide the crew list before the start of the charter in accordance with the charter company’s instructions. Prepare the yacht for check-out at the agreed return location 1-2 hours before the time agreed with the charter company. Not extend the agreed charter period without prior approval from the charter company.
4. OBLIGATIONS OF THE CHARTERER
Keep the yacht within a sufficient distance from the return port during the last 24 hours before the end of the charter to ensure a timely return, even in adverse weather conditions. Weather conditions do not exempt the charterer from the obligation to return on time, except in cases of unforeseeable force majeure. If a delay is unavoidable, the charterer must immediately inform the charter company. Immediately notify the charter company if the voyage must be completed at a location other than the agreed return port. In such a case, the charterer is responsible for the care of the yacht or must provide qualified personnel to take care of it until the charter company takes possession. The charter only ends when the charter company takes over the yacht. The charterer bears all additional costs incurred due to the change of return location, except in cases of force majeure or if the charter company itself requested the alternative return location or caused the situation (e.g., due to hidden defects on the yacht). Use the yacht and its equipment carefully and sail in accordance with good seamanship practices. Familiarize themselves with all technical and operational systems of the yacht before the start of the voyage, follow the onboard instructions, and obtain detailed information about nautical, geographical, and technical characteristics of the sailing area (e.g., tides, currents, water level changes due to strong winds, sudden gusts, funnel effects, etc.). Check the engine oil level and bilges daily, as well as the sea cooling water circuit after starting the engine. Any detected faults must be rectified immediately. The engine must not be operated without sufficient oil or cooling, except in the case ·of imminent danger to the yacht and/or crew. Other necessary maintenance measures during the charter period must be explained by the charter company at handover, and the charterer must receive a pre-prepared maintenance checklist. Navigate using updated nautical charts, while electronic navigation aids may be used only as a supplementary tool. Immediately report any grounding (even if no visible damage occurs) and, in case of suspected damage to the yacht, navigate to the nearest port and arrange for an inspection by a diver. If necessary, and in consultation with the charter company, the yacht must be lifted or hauled out. Take all necessary measures to prevent and minimize damage in the event of an accident, in accordance with good seamanship practices, and fulfill all reporting and cooperation obligations with authorities, insurance companies, and other involved parties. Failure to comply with these obligations will result in the charterer being fully liable for the damage. Monitor specific wind and weather conditions and exercise particular caution when navigating at night. Enter and exit ports exclusively using the engine. Avoid using the engine while sailing, and under no circumstances operate the engine when the yacht is heeling more than 10 degrees. Maintain onboard battery voltage above 12 volts at all times. Batteries must be charged in a timely manner using the engine, a generator, or a shore power connection. If necessary, non-essential electrical consumers should be turned off. High-power consumers, such as the anchor windlass or bow thruster, may only be operated when the battery voltage is supported by the engine or generator. Use only ports or moorings where safe berthing, mooring, and departure can be ensured for the planned duration of stay. Board the yacht only in appropriate, clean, and non-marking footwear. Provide towing assistance to other vessels only in emergencies. The charter yacht must only be towed in an emergency, using its own ropes and securing them only to cleats, winches, or the mast base (never with a bowline knot) to ensure that the towline can be released under tension. No agreements on towing or salvage fees may be made unless the assisting party refuses to help otherwise. Comply with the legal regulations of the countries visited and ensure that all necessary licenses or sailing permits are obtained in advance. Properly complete check-in and check-out procedures upon entering and leaving ports and duly settle harbor and mooring fees. Immediately report the theft of the yacht or its equipment to the nearest police station. Immediately report any damage to third parties to the nearest port authority and obtain a confirmation of the report. Do not transfer or sublet the yacht to third parties. Do not carry more persons than permitted or agreed upon, as stated in the crew list. Do not make any modifications to the yacht or its equipment unless it is necessary to prevent imminent damage or has been agreed upon in advance with the charter company. Do not transport animals, undeclared dutiable goods, or hazardous materials, do not participate in regattas, and do not use the yacht for commercial purposes (e.g., for training, transportation of goods, or passengers) without the prior written consent of the charter company. Do not leave a safe and sheltered anchorage or port if an official or general weather forecast predicts wind speeds of 7 Bft or more in the planned sailing area. The only exception is a situation where there is a clear and present danger that a previously safe harbor or anchorage may become unsafe due to unexpected weather changes, in which case the nearest safe harbor or anchorage must be reached. The agreed sailing area may only be left with the express consent of the charter company. The charter company has the right to further restrict this area in case of uncertain or unusual navigational conditions, either spatially or temporally (e.g., it may impose a ban on night sailing). The charterer or skipper is responsible for managing the yacht and is liable to the charter company or insurer for any damage resulting from non-compliance with the prescribed rules of conduct. Crew members within this contract are considered vicarious agents acting on behalf of the charterer and/or skipper.
The charterer may be the skipper of the chartered yacht or may designate a crew member of their choice as the skipper.The skipper must provide proof to the charter company of possessing the licenses for operating the vessel and the certificates of competence required to navigate the yacht in the entire contractually agreed sailing area. Furthermore, the charterer guarantees that the skipper possesses all necessary nautical, navigational, and maritime knowledge and experience to safely operate the chartered yacht under sail and/or engine, taking into account responsibility for the crew and property. The charter company has the right to verify the skipper's navigational ability before handing over the chartered yacht. For this purpose, it may require proof of the skipper's prior experience before the conclusion of the contract and may request an inspection of the licenses or certificates required to operate a yacht of the appropriate class and in the agreed sailing area. In the event of an evident lack of capability to safely operate the chartered yacht and manage the crew, the charter company may provide or arrange for the engagement of a professional skipper at the charterer's expense. If this is not possible or if the charterer does not agree, the charter company may refuse to hand over the yacht. In this case, the paid charter fee will only be refunded if the yacht is successfully re- chartered at the originally agreed charter price. If the yacht can only be re-chartered at a lower price, the charter company has the right to withhold the corresponding difference in price.
5. IMPAIRMENT OF PERFORMANCE (CHARTER CONTRACT)
Rights of the Charterer:
If the charter company does not make the chartered yacht available within 4 hours after the agreed check-in date and time, the charterer is entitled to a proportional reduction in the charter price for each started day of downtime. During the charter period, in the event of a malfunction or damage that is not due to the fault of the charter company, unless the malfunction or damage was caused by the charterer, the charterer must accept a restriction on the use of the yacht until the charter company ensures the repair as soon as possible. The restriction on use exists from the moment the charterer is significantly limited in the use of the yacht due to a malfunction and/or repair. A reasonable modification of the planned route (to facilitate repairs) and/or repairs carried out during usual harbor docking times shall not be considered a restriction on use. The charterer also has the right to terminate the contract with a full refund of the amount paid, reduced by the days already used, if more than 36 hours have passed since the agreed delivery time. This period is extended to 48 hours if the charter has been agreed for at least 10 days. The charter company has the right to provide a reasonably acceptable replacement yacht, which meets the needs of the charterer and is objectively equivalent to the chartered yacht. If it is already evident before the start of the charter that the yacht will not be available and will not be handed over at the latest 4 hours after the agreed time, the charterer has the right to withdraw from the contract before the start of the charter with a full refund of the amount paid.
6. LICENSES FOR OPERATING THE YACHT, CERTIFICATES OF COMPETENCE
The charterer is entitled to contract termination only if: The deficiency significantly affects the seaworthiness of the yacht. Navigation using conventional navigational methods becomes significantly more difficult, thereby substantially increasing the risk to the safety of the yacht and crew. The charterer may request a reduction in price or termination of the contract exclusively in writing, by submitting a formal declaration to the charter company. The declaration must be made immediately upon becoming aware of the deficiency, and it must be recorded and justified in the check-out protocol. c) If the charter company is not responsible for the impairment of performance, the charterer has no further claims against the charter company. Rights of the Charter Company: a) Delayed return: If the yacht is not returned within 2 hours after the agreed time with the charter company due to the fault of the charterer, the charter company may demand proportional payment of the charter price for each started day. Furthermore, the charter company has the right to claim compensation from the charterer for any economic loss incurred due to the delayed return (e.g., the cost of additional personnel that had to be engaged or kept on standby, or the failure or partial cancellation of a subsequent charter). b) Return of the yacht at a different location: If the yacht is not returned to the agreed return location due to the fault of the charterer, the charter company has the right to claim compensation from the charterer for all incurred economic losses (e.g., the cost of retrieving the yacht from another location or the costs of returning the yacht by sea or land). c) Weather conditions do not affect the charterer’s obligation to return the yacht in accordance with the contract, except in the case of unforeseeable force majeure. Whether in the case of a delayed return or returning the yacht at a different location, the charter company is obliged to minimize financial loss and provide evidence to the charterer that the incurred costs were actually realized. The charterer has the right to prove that no damage has occurred or that the damage incurred is of a lesser amount.
7. CANCELLATION CONDITIONS
If the charterer withdraws from the charter contract, except for the reasons stated in subparagraphs 6.a) and 6.b), the contractually agreed cancellation fees shall apply, which relate exclusively to the base charter price. For services that are not provided due to the cancellation of the charter, cancellation fees will not be charged, such as final cleaning, deposit, bed linen, or special equipment. If the charterer is unable to commence the trip, they must immediately notify the charter company in writing, with the relevant time being the moment the charter company receives the notice. If a replacement charter is successfully arranged under the same conditions, the charterer will be refunded all payments made so far, minus a processing fee of €250. The charterer may provide a suitable replacement charterer only with the approval and written consent of the charter company, who will take over the contract under the same conditions. In the case of a replacement charter with additional discounts or for a shorter period, the charterer must cover the difference in price, plus the processing fee. If different pick-up and return ports or foreign ports have been contractually agreed upon, the fee increases by an additional 20% for each modification. The charter company has the right to withdraw from the contract if payments are not made on time and expressly reserves the right to claim further compensation for damages resulting from non-fulfillment of contractual obligations. In all other cases, the charter company is entitled to the contractually agreed charter price. It is strongly recommended to obtain charter cancellation insurance, with special coverage for charter- specific risks (e.g., cancellation of the trip due to the skipper’s unavailability).
8. TERMS OF PAYMENT
The payment of the charter price is made as agreed in the contract, either in partial payments or as a total payment. The charterer is obliged to pay 50% of the total amount within 7 days after signing the contract, while the remaining balance must be paid no later than 4 weeks before the start of the charter. Payments can be made by bank transfer. If the agreed payments are not made on time, the charter company has the right, after an unsuccessful reminder, to withdraw from the charter contract and charter the yacht to another party. The charterer is obliged to compensate for any financial losses incurred and has no right to a refund of any previously made payments. The contract becomes valid once both the charterer and the charter company exchange corresponding declarations of intent in writing or via electronic communication. The full payment of the charter fee to the charter company and the contractual provision of the chartered yacht are confirmed to the charterer by the issuance of a "boarding pass". Only the "boarding pass" issued by the charter company is considered valid. The charterer is obliged to check the accuracy of the received "boarding pass".
9. TAKEOVER OF THE CHARTERED YACHT
The takeover of the chartered yacht can only be carried out upon presentation of the issued "boarding pass". The charterer takes over the yacht at their own responsibility.The charter company or its representative delivers the chartered yacht in seaworthy condition and in proper technical order, cleaned inside and outside, with a connected gas bottle and a full fuel tank. The condition of the vessel, all technical functions (especially sails, lights, and engines), as well as the completeness of the equipment and inventory, are thoroughly checked by both contractual parties using an equipment list and a checklist as part of the initial briefing. The charter company guarantees that the yacht and its equipment comply with the legal and regulatory requirements applicable in the agreed charter area. During the inspection of the navigational equipment and auxiliary nautical materials, such as nautical charts, manuals, compass, plotter, depth sounder, log, and radio direction finder, the charter company will inform the charterer and point out that, despite careful and conscientious maintenance and inspections, malfunctions, inaccuracies, and operational changes may still occur. The charter company will also instruct the charterer on their obligation to regularly check navigational devices and auxiliary nautical materials throughout the charter period. The charter company does not assume responsibility for the reliability and accuracy of electronic navigational aids. The seaworthiness of the yacht and the functionality of its equipment are confirmed by both parties before handover by signing the handover report. After this point, objections can no longer be successfully raised. The charterer may refuse to take over the yacht only if its seaworthiness is significantly compromised, but not due to minor deviations or defects. Regular check-in time is from 17:00 h. Early check-in is possible at an additional cost if announced in advance and if the yacht is returned from the previous charter without major damage.
10. RETURN OF THE YACHT
The charterer must return the yacht to the charter company or its representative in seaworthy condition, properly stowed according to the checklist, cleaned inside and outside (swept clean, with emptied waste tanks and without trash, unless otherwise agreed), with a connected gas bottle and a full fuel tank. The charter company has the right to replace consumed but not replenished materials (such as fuel) at the charterer’s expense and charge a flat rate for the costs incurred. The charter company is also entitled to charge an additional cleaning fee at the charterer’s expense if the yacht is returned in an unsuitable condition (filled with trash, unwashed dishes with hardened residues, visible grease stains, etc.). Both parties jointly inspect the condition of the vessel and verify the completeness of the equipment. If there is any suspicion of damage, the charterer must immediately notify the charter company and report any lost, damaged, or non-functional equipment upon return. The charterer and the charter company jointly prepare a list of deficiencies and losses, which is then used along with the checklist to create a handover report, which becomes binding once signed by both parties. If the charter company refuses to draft the handover report, it is considered that the yacht has been returned without defects. If, upon return, hidden defects are discovered for which the charterer is responsible due to intentional misconduct or gross negligence, or if the charterer refuses to sign the correct handover report, the charter company has the right to withhold the security deposit or an amount equivalent to the damage incurred. The nature, extent, and amount of damage, which can only be repaired later and possibly after further use of the yacht, must be documented in detail and be binding for both parties. The yacht must be returned to the base on Friday by 18:00 h for diver inspection and technical check-out. The charterer must empty and exit the yacht by Saturday morning at 09:00 h at the latest.
11. DAMAGE
Any kind of damage and its consequences, including collisions, accidents, loss of maneuverability, breakdowns, confiscation of the yacht, or other extraordinary occurrences, must be immediately reported by the charterer to the charter company. The charterer must be available via radio or telephone to receive instructions or answer questions in case of damage. Damage caused by normal wear and tear or material fatigue may be repaired at the charterer’s own expense, but only after prior consultation with the charter company. The incurred costs will be refunded upon submission of receipts to the charter company. The charterer is obliged to take all necessary measures to minimize the damage and its consequences (e.g., to prevent further unavailability of the yacht). If the damage cannot be repaired at the current berth, the charterer is obliged, at the request of the charter company, to proceed to another suitable port or berth where the repair can be carried out or to return the yacht earlier to the agreed return location (preferably 24 hours before the scheduled handover time) if this is reasonable and feasible under the given circumstances.
12. LIABILITY OF THE CHARTERER
The charterer is liable for any damage caused by himself or his crew to third parties or to the chartered yacht, its equipment, or accessories, particularly for damage resulting from improper handling or poor maintenance (if maintenance is the responsibility of the charterer) of certain onboard devices. In the case of force majeure, the charterer is liable only if and to the extent that his actions have knowingly increased the risk, such as leaving port despite a storm warning. The costs of repairing material damage to the chartered yacht or its equipment, if caused by the fault of the charterer or the crew, shall be borne by the charterer up to the amount of the deposited security deposit. In cases of intentional misconduct or gross negligence, the charterer is also liable for claims by the hull insurer (recourse). If the charterer is at fault, he is also liable for all consequential and delay-related losses (e.g., in the event of seizure of the vessel) in accordance with the legal regulations of the country in which the yacht is located. In the last two cases, the charterer's liability is not limited to the amount of the security deposit and may even exceed the value of the chartered yacht due to additional costs. Therefore, it is strongly recommended to take out skipper liability insurance that covers this risk. The charterer is not liable for damage resulting from normal wear and tear or for damage for which neither he nor his crew is responsible. If the charter company provides a professional skipper, he assumes responsibility for the yacht’s navigation and is liable only for damage caused solely by him, but not for any damage caused by the charterer and/or the crew. In the event of intentional misconduct or gross negligence by the charterer or his crew, which results in the charter company being held liable by third parties without any fault of the charter company, the charterer is obligated to indemnify the charter company from all costs, legal proceedings, and consequences, including both civil and criminal liabilities, in both domestic and international jurisdictions. If there are multiple charterers, they are jointly and severally liable. The charterer is fully liable for any damage that is causally linked to knowingly providing false information about his navigational competence.
13. LIABILITY OF THE CHARTER COMPANY
Based on the charter contract, the charter company is liable for loss or damage to the property of the charterer or the crew, as well as for accidents, only if the charter company acted in gross negligence or willful misconduct, but never in the case of acts by a higher authority or force mature. The charter company is liable for damages caused by inaccuracies, alterations, or errors in the provided nautical material (such as charts, manuals, compass, radio direction finder, etc.) only if it does not explicitly inform the charterer or the responsible skipper of the yacht about the possibility of errors or deviations. The charter company is liable for damages caused by inaccuracies, alterations, or errors in the provided nautical material (such as charts, manuals, compass, radio direction finder, etc.) only if it does not explicitly inform the charterer or the responsible skipper of the yacht about the possibility of errors or deviations. However, claims for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty, as well as for other damages caused by willful or grossly negligent breaches of duty by the charter company, shall remain unaffected by all agreements.
14. INSURANCE OF THE CHARTERED YACHT
The chartered yacht is covered by comprehensive insurance for material damage to the vessel and equipment. Additionally, there is boat liability insurance (without a deductible) with a lump sum coverage for personal injury and property damage. Personal injuries resulting from accidents on board, damage to items transported by the charterer and crew, as well as damage caused by intentional misconduct or gross negligence, are not covered by the comprehensive insurance. In such cases, the charter company is not liable; instead, the responsible person who caused the damage bears the liability. The existence of comprehensive insurance does not exempt the charterer from liability towards the charter company for damages that the insurance company does not cover, if the damage results from intentional misconduct, gross negligence, non-compliance with the provisions of the charter contract (e.g., sailing outside the agreed area), or if the insurer has the right to recourse against the responsible party.
15. DEPOSIT
The charterer pays – unless otherwise agreed – a deposit in accordance with the charter contract. The deposit must be paid at the latest when the yacht is handed over, in cash, by credit card, or in advance by bank transfer. Per charter cruise, the charterer is liable up to this amount for damages to the chartered yacht and its accessories, lost equipment, and theft, if the loss was caused by the charterer or the crew. The deposit is immediately due for repayment upon the return of the yacht and damage-free completion of the charter. This does not apply if the charterer refuses to sign a correct protocol of return or if otherwise agreed. If a possible repair can or should only be made at a later date, and if it can be foreseen that the expenses will amount to less than half of the deposit, then at least half of the deposit is due for repayment immediately.
16. ADDITIONAL AGREEMENTS
a) Legal Status / Liability of the Parties (Charter Agency / Charter Company / Charterer) If the charter contract is concluded through a charter agency, the agency acts as an intermediary between the charterer and the charter company. The liability of the intermediary agency is strictly limited to the duties and responsibilities of an intermediary, in accordance with the contractual relationship existing with the charterer. Regarding this contract, as well as any future amendments and unilateral declarations made by the charterer to the charter company, the agency acts as an authorized representative on behalf and for the account of the charter company and is authorized to collect payments. The agency is obliged to provide the charterer with accurate and clear instructions, information, and pricing details. n the event that the agency has agreed with the charterer on terms that differ from the conditions of the charter company, without prior notification to the charter company, the charterer is obligated to pay the price difference (e.g., for an outboard motor or other extras) directly to the charter company and may subsequently claim reimbursement from the agency. In the event that the agency has agreed with the charterer on terms that differ from the conditions of the charter company, without prior notification to the charter company, the charterer is obligated to pay the price difference (e.g., for an outboard motor or other extras) directly to the charter company and may subsequently claim reimbursement from the agency.
b) Price List, Deviations, Modifications In the event of any doubts or ambiguities, the prices listed in the current price list of the charter company shall apply. If taxes, fees, or charges that are legally included in the charter price increase or decrease, beyond the control of the contractual parties, the charter company and the charterer agree that the contract shall be adjusted accordingly. c) GPS Tracking of the Chartered Yacht The charterer agrees that the location of the yacht and other vessel data may be recorded using electronic tracking systems and transmitted to the base, the charter company, and, in the event of damage, the insurance company. Furthermore, the charter company’s privacy policy applies
17. CONCLUDING PROVISIONS
In the event of a disagreement or dispute, both parties shall make every effort to settle the matter amicably through mutual agreement. If a resolution cannot be reached in this manner, the dispute shall fall under the jurisdiction of the court in Pula, Croatia.