These general charter terms and conditions regulate the rights and obligations of the lessee (referred to hereafter as the "Client") and the lessor (referred to hereafter as the "Charter company"). Sails of Caribbean - Barto d.o.o. is referred to hereafter as "Sails of Caribbean" and acts as Agency-Mediator. The Client accepts all rental conditions in his name on behalf of his crew. By making the first payment, the Client signals his agreement with all the regulations and conditions and acknowledges that making the first payment has the same significance as personal signature.
The price for yacht charter (accommodation rate) includes use of vessel and equipment according to the applicable price list. Yacht charter price (accommodation rate) does not include fuel, marina and mooring expenses port taxes and other fees (unless agreed otherwise). Additional services and extras for which an extra payment shall be done in accordance with the effective price list (e.g. transfers from the airport, auxiliary engine, one-way fee, skipper, hostess etc.) must be confirmed by both sides in writing not later than 30 days prior to the beginning of the charter date.
After the yacht charter reservation has been confirmed, which is valid only if provided in writing, the payment is to be made as follows:
Taking the boat into possession is effective once the payment in full has been completed.
If you fail to make the both of 50% advance payments to the scheduled date after the receipt of dunning letter sent by Sails of Caribbean, the stated company shall be entitled to cancel the booking. Upon the payment of the first 50% booking rate , the Client agrees to these General Terms and Conditions for onboard accommodation service and vessel features.
Should the Client request from Sails of Caribbean to engage a skipper and/or a hostess or any other services extra, this is to be confirmed in writing not later than 30 days prior to the beginning of the charter date.
The copies of navigation licence and VHF certificate must be submitted at the time of booking, and not later than one week before the commencement of accommodation service. It will be useful to send the notice on the hour of arrival and the flight number should the Client arrive by plane one week before the commencement of the accommodation service onboard.
Tourist tax must be payed in cash after the confirmation of the crewlist in the marina base (unless agreed otherwise).
If it is possible, and accepted by the Charter company, Sails of Caribbean will try to return the part, or the whole amount of the money already paid, but Sails of Caribbean reserves the right not to reimburse the money. Where a Client has insured himself for the hiring of a charter boat but has subsequently cancelled the boat hire for justified reasons the insurance company may offer the Client compensation. In the event of the Client's cancellation of the booked accommodation onboard due to any reason whatsoever, he/she shall be obliged to notify Sails of Caribbean thereof in writing, and in respect, he shall be charged for amend as follows:
The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges.
Sails of Caribbean and Charter company reserve the right to substitute a boat when the reserved boat is damaged due to unforeseen circumstances, e.g. natural disasters causing water damage, etc. In this instance, Sails of Caribbean and Charter company will do it's best to provide a substitute boat with an equal or better specification than the boat reserved. If a boat of equal or better specifications is not available, Sails of Caribbean and Charter company will offer a boat that might be of different specifications. If an agreement on the substitute boat cannot be reached, Sails of Caribbean and Charter company reserve the right to cancel the booking. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
This clause ceases to apply in the case of war, terrorist activities, natural and nuclear disasters or other unforeseen circumstances that could be defined as an Act of God. In this instance, Sails of Caribbean is not obliged to pay compensation to the Client.
Should a cancellation of the yacht charter booking occur due to an Act of God (i.e., objective reasons stated by the Client, such as a death in the family, serious health condition, or serious accident), the amount paid will not be refunded to the Client. Sails of Caribbean will make every effort to negotiate with the Charter company to offer the Client the next available suitable appointment for the vessel. If the Charter company approves either the next suitable free appointment or a refund to Sails of Caribbean, this benefit will be passed on to the Client.
Should the Client request a change in the charter period of the booked vessel, and/or a change of the type of the vessel, Sails of Caribbean will do its best to resolve this matter but reserves the right to charge for the cancellation of the original booking.
Should the Client request a change in the taxi transfer pick-up time / location in the last 24 hours, Sails of Caribbean reserves the right to charge for the cancellation.
Taking out of a travel/charter cancellation cost insurance policy is highly recommended and should be sourced by the Client!
All vessels are covered with Kasko deductible franchises up to the deposit amount according to the price list for the current year. The insurance policy covers Compulsory Passenger Insurance and Compulsory Third Party Insurance. Personal property of passengers is not covered with insurance and any damage incurred due to gross negligence, or with the plain intention by the Client, shall not be the subject to insurance compensation.
A) Security deposit - Before the delivery of the vessel, the Client is expected to pay the security deposit in cash or by credit card. The security deposit will be calculated in accordance with the length/value of the boat. After completing the accommodation of clients onboard, the security deposit shall be reimbursed in full, unless any damage on the vessel or damage or loss of any item of the vessel equipment has been found. Otherwise, the deposit shall be kept in the equivalent value of the repair or the purchase value of the damaged and/or lost equipment. Should the boat not be returned in a clean and tidy condition, cleaning fees will be deducted from the security deposit. Should the fuel tanks not be full, the amount required to fill the fuel tanks will be deducted from the security deposit enlarged for the tank filling service. Should the crew (skipper, hostess, cook etc.) not be paid in full amount, the amount needed will be deducted from the security deposit. For regattas security deposit will be charged double of regular deposit price.
B) In the case of more serious accidents and where other boats are involved, the Client is obliged to report such cases to authorized persons at the nearest Port Authority Office and obtain all documentation that the insurance company deems necessary. The documentation shall contain all relevant information regarding the causes of the accident and conditions prevailing at the time of the accident. The Client is obliged to inform the Sails of Caribbean and Charter company immediately of any such events. If the Client fails to take the aforementioned steps, he will be held liable for all damage arising from the non-reporting or late reporting of the incident.
The Client shall deliver a verified original voucher or invoice with all the Client's data and the accommodation service period along with the original navigation license, i.e. the VHF certificate to the Charter company. The vessel must be delivered with full fuel and water tanks and it is expected to be returned in the same condition as first delivered. During the vessel delivery procedure the Client will be required to inspect the inventory along with the representative of Charter company and confirm the condition of the vessel with his signature. The same procedure shall be referred to the devices onboard. Any subsequent complaints will not be accepted, provided that the good working order and the full equipment of the vessel have been established and signed during check-in procedure. Any possible concealed defects or deficiencies of the vessel, which could not have been expected by Charter company, shall not entitle the Client to claim for the reduction of the accommodation rate.
Redelivery of the vessel is to be as agreed with the Charter company.
At the time of redelivery of the vessel, the items of the inventory list must be checked as well as the fuel tank. The Client agrees to submit the bill of the last tank filling service. If the fuel tank is not full, the Client shall be charged for the missing fuel enlarged for the tank filling service, and for a damage up to the sum of the security deposit, if any have been found during the vessel inspection. Otherwise, the security deposit shall be returned to the Client. The Client is obliged to return the vessel with emptied and opened septic tanks.
If the vessel is not returned to the agreed destination port, the Client shall pay all the costs for the vessel transfer to the destination port designated hereunder and the penalty, as prescribed, for any delay that may have been incurred.
Any delayed redelivery of the vessel due to weather conditions shall not be acknowledged, for it is necessary to keep the vessel during the last 24 hours of the accommodation service period at an adequate distance from the charter base. Any delay in redelivery of the vessel shall be charged to the Client.
The Client wishing for any reason whatsoever to extend the stay onboard must notify Sails of Caribbean thereof in order to check out the further availability of the vessel for accommodation and to obtain the necessary documentation (charges for additional days, crew list extensions, etc.).
All damages to the underwater section caused by the Client's gross negligence or reckless conduct will be repaired at the Client's expense. The Client shall be charged for the said costs and expenditures.
If the Client has chosen to hire any members of the crew (skipper, hostess, cook etc.), the Client is obliged to treat them well and with respectful manners. The Client is obliged to provide provisions for the crew (breakfast, lunch and dinner). The Client is obliged to share one of the guest bathrooms with the crew.
The Client shall immediately inform representatives of Sails of Caribbean and Charter company following their instructions in the event of any damage or equipment failure.
The Client undertakes:
The Client acknowledges that Sails of Caribbean acts as an Agency-Mediator between the Client and the Charter company. Thus, Sails of Caribbean will provide to the Client information on the type of the vessel's accommodation, its integral parts and possible additional costs (additional services, crew etc.) as well as assist the Client in obtaining most appropriate vessel offers to meet Clients specific needs, and assist the Client throughout the entire booking process.
Sails of Caribbean will also be there to answer Client’s relevant questions and provide information needed for Client’s preparation for the charter.
The Charter company agrees to provide the boat to the Client in full commission and in proper working order, with a full complement of equipment confirmed on check-in. The boat must be handover with the water and fuel tanks filled. It should be delivered at the agreed time and with all necessary documentation.
If the boat or its equipment is damaged or not functional, the Client is obliged to contact the Charter company and Sails of Caribbean immediately. The Charter company is obliged to rectify any damage to the boat. In this instance, the Client has no right to any reimbursement.
If, for any reason, the Charter company does not fulfill the above mentioned conditions, Sails of Caribbean will make all possible efforts to negotiate with Charter company reimbursement. If Charter company should approve a refund to Sails of Caribbean, the same amount will be refunded to Client.
If the Client has any complaints during the boat chartering period, they should inform the Charter company and Sails of Caribbean immediately. Sails of Caribbean will endeavor to resolve any problems. Only objections and complaints presented in written form reported immediately will be taken into consideration, subsequent complaints will not be accepted.
In case of any controversies or disputes related, the parties will try to resolve it peacefully. If that would not succeed, the jurisdiction of the Courts in Zagreb, Croatia shall apply.
