1. GENERAL TERMS
These General Terms form an integral part of the Accommodation Services on the Vessels Program which has been concluded by Nautika Kufner d.o.o., having its registered seat in Buzinski prilaz 21,10000 Zagreb (hereinafter: the "Agency") and the Program Contractor (hereinafter: the "End User"). All provisions and conditions provided in the Program and in these General Terms are legally binding the Agency and the End User, unless otherwise provided by an agreement.
2. ACCOMMODATION PRICE
Accommodation Price includes accommodation on a completely equipped vessel and the insurance defined by the conditions established by the Insurance Company which issued the Insurance Policy forthe subject vessel. The Accommodation Price does not include the fuel costs and expenses for other supplies, fees for the crew and other services, harbour dues and berth expenses while using the accommodation services on the vessel.
3. RESERVATIONS AND PAYMENT
Inquiries and reservations for accommodation can be made by e-mail, in writing or in person at any of the Agency's branch offices as well as at the offices of partner travel agencies. By confirming a reservation, the End User confirms that he/she is aware of the General Terms and conditions of the vessel accommodation services and fully comprehends and accepts these terms which are binding for both the End User and the Agency. The Agency provides the contractor the appropriate promotional materials or program either in printed form or electronic form, presenting all relevant information regarding the sailboat, and provides or points out the general terms and conditions of the vessel accommodation which are a component part of this Agreement. The End User is obligated to provide all informations which are required for the reservation process. An advance payment is required for wherein the amount is determined by the method of payment. The remaining amount must be paid no later than 21 days prior to the beginning of the service unless otherwise specified by the terms and conditions, with which the End User is familiar with upon confirmation of the reservation. Note for payment by credit card – upon payment with credit cards, basic price is increased for 5% and the amount charged will be expressed in Kuna according to the exchange rate of Croatian National Bank on the billing day. Dictating one's credit card number by way of remote communication signifies that the End User fully accepts these General Terms.
The accommodation is to be paid as follows:
• 50% of the Accommodation Price right after the reservation has been confirmed.
• 50% of the Accommodation Price at least 30 days before the beginning of the charter period
5. END USER'S COMMITMENTS AND RESPONSIBILITIES
a. The End User is obliged to sail in territorial waters of the Republic of Croatia. The End User shall receive all the necessary information about the Charter-base prior to the date when the accommodation service on the vessel is to begin, together with all the other information concerning the vessel takeover.
The End User is not allowed to provide accommodation services; to lend the vessel to third persons; to participate in the competitions which include the usage of the vessel; to use the vessel in economic purposes; to use the vessel for professional fishing; to use the vessel for purposes of a sailing school; to sail by unsafe weather conditions.
b. The End User is obliged to obey custom and other rules and regulations; keep the log book in order; be careful while navigating the vessel and using the inventory and the equipment. The End User is obliged to inform the Agency, when confirming the reservation, if the End User requires skipper's services. In case the End User is not using the services of a professional skipper provided by the the Agency, the End User has to declare that he/she possesses the valid license necessary for the navigation of the vessel on which the accommodation service is provided. The license has to be valid according to the laws of the Republic of Croatia. If the End User does not fulfil the above stated condition, the navigation of the vessel has to be given over to the crew member who possesses the required license for the navigation in accordance with the laws of the Republic of Croatia.
c. The End User is obliged to pay to the Agency all material and legal expenses which may have been a result of acts and/or negligence of the End User, which are not covered by insurance and for which the Agency is liable to third persons. The End User is particularly liable if the vessel was confiscated due to illegal activities. In case of an average and/or damage the End User is obliged to register the course of the events or to ask for a written certificate from the harbour - master's office, doctor or other authorized persons. The End User must immediately inform the Agency of such events. In case of a vessels disappearance, inability to sail, confiscation of a vessel or an arrest conducted by authorized or other persons, the End User is obliged to notify the authorized persons and the Agency.
d. Loss and/or damage of the vessel which were/was a result of an accident or End User's inattention, the Agency shall seek to remedy, i.e. indemnify, covering those costs with caution money. If the costs exceed the amount of caution money deposited, the remaining costs shall be covered by insurance company which issued the insurance policy for the subject vessel. In case the damage and/or loss were/was a result of personal negligence or were/was caused intentionally, the End User bears all the costs.
e. The End User is obliged to check the oil in the engine every day. The End User bears the costs of the damages and the losses caused by the lack of oil in the engine. The damages of the hull which are caused by the End Users negligence and unprofessional navigation shall be examined and the End User shall bear all the costs.
f. In accordance with the weather conditions the End User is obliged, if using a vessel with sails, promptly to reduce sails, when necessary, and not to allow the vessel to be found sailing under amount of sails greater than the one insuring comfortable sailing without excessive strains on rigging and the sails. Furthermore, the End User is obliged not to sail the vessel in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly and not to sail the vessel at night
g. The End User is obliged not to leave a port or anchorage if the wind force is or is predicted to be over 30 knots, or if the harbour Authorities have imposed a prohibition of sailing or while the vessel or any of its vital parts such as engine, sails, riggings, bilge pump, anchoring gear, navigation lights, safety equipment, etc. are damaged or are not in good condition, until such damage is indemnified. The End User shall not leave a port or anchorage without sufficient reserves of fuel or in general, when weather conditions or de facto situation of the vessel or its crew are unsafe or doubtful.
h. It is not allowed to keep domestic animals (such as dogs, cats, birds etc.) on the vessel.
i. In case the End User does not comply with the above given terms, the End User himself shall be held responsible for all the consequences that resulted thereof. The End User is liable for all the offences the End User might commit while using the vessel, even after using the accommodation service on the vessel.
6. THE DOCUMENTS
The vessel is delivered with all the valid documents necessary for using the accommodation service on the vessel and the End User is obliged to keep the documents safe while using the accommodation service.
7. TAKEOVER OF THE VESSEL
a. The Agency is obliged to put a completely equipped vessel at End User's disposal, clean and tidy, with full fuel and water tanks.
b. When taking over the vessel, the End User is obliged to check and carefully examine the condition of the vessel and equipment according to the Inventory List. All losses and defects of the vessel and/or the equipment which have not been discovered at the moment of takeover, do not give the End User the right to reduce the price of the accommodation service on the vessel.
8. CAUTION MONEY
Before taking over the vessel, the End User is obliged to deposit caution money in cash or by using a credit card. The amount of the Caution money shall be a subject of an Agency price-list. If the End User returns the vessel in good condition, with full fuel tanks and in the fixed time the Caution money shall be returned to the End User with no deductions. The Caution money is to be deposited also in case when the End User charters a vessel and uses services of a skipper employed by the Agency. The Caution money doesn't cover for the costs of the damages which were a result of skipper's negligence or unprofessional navigation of the vessel and/or equipment.
9. PROLONGATION OF THE ACCOMMODATION SERVICE
If the End User wishes to prolong the usage of the accommodation service on the vessel, the End User is obliged to return the vessel on time and in the harbour the End User and the Agency agreed upon, to contact the Agency on time and ask for a written approval of a new time and place for the return of the vessel. The amount necessary for prolongation of the accommodation service on the vessel can be paid only by credit card or cash.
10. END USER'S RIGHT TO CANCEL OR CHANGE THE
ACCOMMODATION ON THE VESSEL SERVICE
a. The End User must send a cancellation or change notice, if it is possible to send such a notice, in written form by e-mail or fax. By change of service the following is understood: number of persons, names of the passengers, the date of commencement of the charter, the date the charter is to be returned.
The above mentioned changes have to be made at least 32 days before the commencement of the charter. The first reservation change shall be made, if it is possible to do it without additional expenses, free of charge. For all future reservation changes the expenses shall be charged at the amount of EUR 15,00 per change. In case it is not possible to change the reservation and if it results in the End User's cancellation of the reservation, the bellow stated terms shall be applied. Any change of the accommodation on the vessel service and any other change made in the period of 32 days prior to the commencement of the charter shall be considered as cancellation of the reservation.
b. For the fixed confirmed reservations of the accommodation service on the vessel, the date on which the written cancellation has been received shall be the basis for calculating the cancellation expenses as follows:
• if the End User cancels a reservation (booking) of the accommodation service on the vessel 32 or more days prior to the day on which the accommodation service is to begin, the Agency shall keep 30% of the accommodation service's price. If the End User cancels a reservation (booking) of the accommodation service on the vessel up to 31 days prior to the day on which the accommodation service is to begin, the Agency shall keep 100% of the accommodation service's price.
• if, for any reason, the End User and his/her crew cancels the accommodation service on the vessel, after they took the subject accommodation, the Agency shall keep the entire price of the accommodation service and the End User shall bear all the costs that may result thereof.
Since the End User is obliged to pay 100% of the price, defined in the offer the Agency sent to the End User, when cancelling the service up to 31 days prior to the beginning of the reserved accommodation on the vessel service, it shall be considered that the End User didn't cancel the accommodation on the vessel service and that the End User reserves the right to name another person who shall use the subject accommodation on the vessel service. In this case, the End User is obliged to inform the new End User that he/she, when taking over the reservation, accepts all rights and obligations provided in these General Terms.
If the End User which cancels the reservation finds a new End User of the same reservation, the Agency shall charge only for the real costs caused by the subject replacement.
If the End User of the accommodation service on the vessel doesn't come until midnight of the day on which the service is to begin, and he/she hasn't contacted the Agency, the reservation is considered cancelled and costs resulted thereof are to be calculated as above described. If the factual costs exceed the above defined costs, the Agency reserves the right to charge for the factual costs. By every reservation cancellation, the Agency shall charge machining costs at the amount of EUR 25,00.
11. RESERVATION CHANGE
In case the End User requests for a change of reservation after the subject reservation has been confirmed, the change is possible only if the Agency may offer another adequate vessel as a substitute.
In case that the Agency may not offer another adequate vessel, the change of reservation is to be considered as the cancellation of the reservation and the costs arising thereof are to be handled in accordance with the Subparagraph 10 of these General terms and conditions for providing accommodation services on vessels.
12. BREAKAGES AND DAMAGES
The End User is obliged to inform the Agency about all breakages and damages, no matter what caused them and the Agency shall inform the End User on the ways of fixing the damaged vessel and/or the change of equipment. The End User shall bear the costs of unauthorized fixing and unauthorized changing of parts of the equipment.
13. LIABILITY OF THE AGENCY
If, for any reason, unless it is the sole responsibility of the End User, the vessel can not be used, the Agency is obliged to insure a substitute vessel of similar or better characteristics and offer it to the End User at the same price as the vessel that was originally reserved. If the Agency can not offer a substitute vessel or if the End User doesn't accept the substitute vessel, the End User may request a money refund for the days the End User didn't use the vessel. The End User is not entitled to any other compensation apart from the above stated one.
14. RETURN OF THE VESSEL
The End User is obliged to return the vessel to the Agency in the harbour they agreed upon and on time, clean and undamaged with full fuel tanks. It is obligatory to return the vessel in the place they agreed upon (harbour intended to be used for returning of the vessels) in the evening hours one day prior to the day on which the vessel has to be returned. The takeover of the vessels shall be carried out in the morning hours of the day on which the return of the vessel was intended. If the End User doesn't return the vessel on time, the End User is obliged to pay triple daily price for every hour of delay together with all the costs the Agency had due to the subject delay. The delay may be excused in case of a force majeure only if the End User informed the Agency about such an event on time. The End User is obliged to bear all costs for replacing or fixing lost or damaged parts of the vessel, or of the equipment, caused by End User's negligence or the crew's negligence. The Agency shall deduct that amount from the End User's Caution money. If the costs of lost or damaged parts of the vessel or equipment exceed the amount deposited as Caution money, the Agency shall cover the difference in accordance with Subparagraph 5.d of these General terms.
a.) In case the vessel is returned dirty and untidy, the Agency shall deduct the amount of money required for cleaning of the vessel from the Caution money. Furthermore, if the vessel is returned and the fuel tanks haven't been filled, the Agency shall fill the tanks and deduct that expense from the Caution money.
The vessel, the equipment and the crew are insured under conditions set forth by the Insurance Company which issued the Insurance policy for the vessel on which the accommodation service is being provided. All the losses and/or damages covered by the insurance policy which haven't been reported immediately to the Agency’s authorized representative, in accordance with the insurance policy, shall not be approved as such. In the subject case, the End User is solely responsible for all the damage which occurred because the End User didn't report the damage or didn't report it immediately. The sails are not covered by insurance policy and the End User bears the costs of any kind of sails damage.
16. PROPERTY LOSS
The End User is obliged to take care of his/her personal belongings. The Agency is not responsible for the loss and/or the damage of the End User's personal belongings, nor theft, nor for the third person's personal belongings that were kept and saved on the vessel, vehicle, in the Agency's office. By paying an appropriate amount required for making a reservation, the End User confirms the reservation and accepts these General terms and conditions for providing accommodation services on the vessels and waives all compensation claims for such losses and/or damages. Such losses and thefts should be reported to the Agency’s authorised representative and to the authorised police station.
17. PERSONAL DATA PROTECTION
The End User provides personal data voluntary. The End User's personal data is necessary for finding required service. The subject data shall be used for further mutual communication. The Agency is obliged neither to distribute End User's personal data outside of the county's borders nor to distribute the subject data to third persons if it is not necessary for the purpose of providing the requested service.
By accepting these General terms, the End User agrees that his/her personal data may be used for the purpose of Agency's marketing actions.
Procedures regarding the complaints:
The End User is obliged to make a complaint about the unsatisfactory service on the same day he/she arrived to the service provider's authorized representative and to inform the Agency's office in Zagreb, using the e-mail address email@example.com or by phone, phone number: +385 (0)91 6789 207 or
+385 (0)91 6789 202. The End User is obliged to cooperate with the service provider and the Agency in good faith in order to remedy difficulties which caused the object of complaint. If the End User chooses not to accept the provided solution, compatible with the paid service, to his/her problem, the Agency shall not be obliged to accept any further complaints.
If the problem hasn't been solved with immediate intervention, the End User is obliged to send a written complaint with all the documents and photographs which verify the basis of a complaint using the e-mail address firstname.lastname@example.org or by mail using the address Nautika Kufner d.o.o., Buzinski prilaz 21, HR-10000 Zagreb, no later then 8 (in words: eight) days following the day on which the End User returned from the vacation. Only those complaints which were received in written form and countersigned by Agency's authorized representative shall be taken into consideration While the procedure of resolving is under way, but 28 days after lodging of the complaint at the most, the End User waives the right of mediation by any other person, the arbitration by UHPA or another institution, as well as providing information to the media. During the same period of time, the End User also waives the right to a suit. The maximum amount of compensation per complaint may reach the amount of the advertised part of services, but it may not include the services already used, or the entire package amount. This also excludes the End User's right to indemnification of damage.