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”). KA-MIL is referred to hereafter as KA-MIL or „My Lady Skipper“. The Client accepts all rental conditions in his name on behalf of his crew. By making the first payment as will be stated in the ‘Booking confirmation agreement’, 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.
TERMS AND CONDITIONS
1. ACCEPTANCE OF RENTAL CONDITIONS
2. RENTAL PRICE AND PAYMENT
The rental price includes the leasing of a boat with standard equipment, together with boat and crew insurance for the rental period. The rental price excludes costs incurred relating to domicile marinas (parking, berth, etc), fuel, skipper/hostess service and the costs of other optional services. The Client can take responsibility for the boat that was previously reserved via this web site after paying 50% of the rental price upon approval of his request (in advance) and the remaining 50% of the rental price at least 4 weeks prior to the rental date. These payment regulations cannot be modified without KA-MIL consent.
3. OBLIGATIONS OF THE CHARTER COMPANY
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, inclusive of that required by the Specification on these pages. The boat must be in immaculate condition, with the water and fuel tanks filled. It should be delivered at the agreed time and with all necessary documentation.
If, for any reason, the Charter company does not fulfill the afore mentioned conditions, the Client has a right to reimbursement for all days when he was unable to use the boat. Also, if it is impractical for the Charter company to place the reserved boat at the Client’s disposal at the agreed time and in the agreed place, the Charter company is obliged to ensure that a substitute boat is available with the same or better specification than the one reserved. If the Charter company is unable to provide a substitute boat, the Client has the right to cancel the contract and request reimbursement of the whole rental amount or part of the amount for those days when he was unable to use the boat.
The Client has a right to reimbursement only of the paid rental amount. All other rights are excluded. If the boat or its equipment is damaged due to natural causes, the Client is obliged to contact the Charter company immediately. The Charter company is obliged to rectify any damage to the boat within 24 hours. In this instance, the Client has no right to any reimbursement.
Prior to taking responsibility for the boat from the marina where it is moored, the Client is obliged to settle a security deposit to the Charter company. The security deposit will be calculated in accordance with the length/value of the boat. The security deposit may be settled in cash or by credit card and will be reimbursed to the Client once the boat has been returned and satisfactorily inspected. The deposit will be reimbursed to the Client in full only where no damage has been caused to the boat or its equipment nor reports of potential damage made by third parties during usage of the boat.
If the Client reports damage or the Charter company discovers during inspection that the boat or equipment is damaged or a piece of equipment is missing, the Charter company will retain part or all of the security deposit, equal to the cost of repairs or replacement of the missing 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. Should the crew (skipper, hostess, cook etc.) not be paid in full amount, the amount needed will be deducted from the security deposit.
5. OBLIGATIONS OF THE CLIENT
After having taken responsibility for the boat, the Client is obliged to sail solely in Croatian territorial waters. In order to leave Croatian territorial waters he must obtain special written approval. The Client is required to observe all rules and regulations relating to keeping a boat log, treating the boat and its equipment with utmost care and sailing in accordance with good navigational practice, i.e. only when the weather conditions are favorable and there is good visibility.
The Client or his skipper should have navigational skills and hold all licenses necessary for navigation in the open sea and usage of a VHF radio station. If the boat is involved in an accident on the sea and the boat or any of its equipment is damaged during sailing, the Client is required to inform the Charter company immediately.
The relevant telephone numbers of the Charter company can be found in boat documentation.
6. RESPONSIBILITIES OF THE CLIENT
If any gross negligence or reckless conduct in boat maneuvering have resulted in damage to a third party which is not covered by insurance, the Client is personally obliged to cover all material and legal costs that may result from such gross negligence or reckless conduct. The Client is responsible in particular where the boat is confiscated due to unlawful boat activity. In the case of damage and/or accident, the Client is obliged to make a note of events and to ask for written certification from the nearest Post Office, doctor or other authorized persons. The Client is also obliged to inform the Charter company of any such event. If the boat is lost, confiscated or an authorized party has forbidden its sailing, the Client is obliged to inform the Charter company and any other relevant authorized persons.
The Client is required to check the oil level in the motor on a daily basis. The Client is obliged to cover all costs relating to damages and losses resulting from a lack of oil in the engine. All damages to the underwater section caused by the Client’s gross negligence or reckless conduct will be repaired at the Client’s expense.
7. BOAT INSPECTION
The lessee is required to return the boat to the Charter company at the agreed time and in the agreed location. The boat must be clean, undamaged and the fuel tanks must be full. If the Client does not return the boat to the Charter company at the correct time and in the correct location, the Client agrees to pay 300% of the daily rate for each day overdue, charged by the hour. Late return may be justified in the case of force majeure provided that the Client informs the Charter company immediately.
Boat insurance is subject to the conditions set out by the relevant insurance company. The boat, its equipment and crew are insured for all types of damage and loss, including fire and all usual marine and collision risks which exceeds the franchise/deposit amount for the aforementioned boat, and including third party liability insurance. The boat’s documents will include a certificate of liability insurance for third party damages. 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 Post 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 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 insurance policy covers all damage and liabilities arising from accidents, inclement weather and other natural disasters but does not cover damage arising from reckless conduct or grossly negligent boat maneuvering. The Client is not permitted to use his security deposit to pay for this type of damage. The Client should cover all costs caused by reckless conduct or gross negligence. The insurance policy does not cover damage to sails or the motor that are caused by lack of motor oil.
9. RENTAL CANCELLATION
Should the Client and his crew cancel the rental for any reason after entering into an agreement with the Charter company, KA-MIL will retain the whole amount paid for rental. Should the Client cancel the rental 4 weeks or more prior to the charter period, KA-MIL will retain the whole amount already paid. Of course, if it is possible, and accepted by the Charter company, KA-MIL will try to return the part, or the whole amount of the money already paid, but KA-MIL 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.
KA-MIL reserves 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, KA-MIL will provide a boat with an equal or better specification than the boat reserved.
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, KA-MIL is not obliged to pay compensation to the Client.
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, if not agreed in a different way. The Client is obliged to provide three (3) meals for any member of crew daily. In case of hiring any members of the crew, the boat must return to the base on the last night of the charter period (Friday), not later than 18:00 hours.
If the Client and his crew have any complaint during the boat chartering period, they should inform the Charter company and KA-MIL about it who will endeavor to resolve any problems. Only objections and complaints presented in written form during the boat inspection will be taken into consideration.