Gulet Hera by:
PLAVI OBZOR d.o.o.
Company registered in Dubrovnik at N.48220754281
Ulica 66 n. 3 - HR 20270 - Vela Luka - Croatia
GENERAL CONDITIONS OF THE CHARTER
1 PAYMENTS: 50% upon booking - Balance 30 days before embarkation
1A) CANCELLATION: If the Charterer is having problems and want to cancel the reservation. The Company holds the right as follows:
30% of the price for cancellation within two months prior to embarkation.
50% of the price for cancellation within one month prior to embarkation
100% of the price for cancellation within a month from the date to embarkation
It remains available to the charterer an option of reservation in another period or in any other season, without losing the advance payments.
2 DELIVERY The Company must deliver the vessel on the day and at the time as above mentioned in the present agreement, in proper running and seaworthy condition, with related gear and fittings, complete with accessories, safety equipment, provided with the necessary documents for navigation and duly insured against fire, marine and collision risks and third party damage as well as against any and all loss.
3 DELAYED DELIVERY If, for any reason, the Company could not deliver the chartered vessel, it may deliver another vessel with similar characteristics, within 48 hours, with the obligation to refund the Charterer for the related daily amount as non-enjoyment of charter. In case the delay should be protracted beyond the above mentioned time, the Charterer shall have the authority to confirm the charter and the right to be refunded of the amount of the rental not enjoyed or to renounce it exacting the repayment of the whole corresponding amount, but with no right to be compensated for damages. The Company must receive a written notice of such renunciation within 24 hours and the charter shall be rescinded.
4 RUNNING EXPENSES Water, power, port charges, custom duties, anchorage and moorage costs also in private harbours, tourist taxes, entrances to national parks and possible pecuniary and administrative sanctions, are to be paid by the Charterer. The Charterer shall pay by cash for the total expenses not yet estimated at the beginning of the cruise, following an unquestionable estimate by the Captain who shall afterwards supply documentary evidence for them.
5 DAMAGES, FAILURES, ACCIDENTS, REPAIRS In case the vessel should suffer damage or any other impediment which compromises a reasonable use of her for more than 48 hours on end from a possible intervention, the Company must refund the daily corresponding amount of the non-enjoyed charter, and the Charterer shall not claim any further right against damages. Should the time needed for repairs exceed 36 hours, the Charterer shall have the right to withdraw from the agreement with effect from the moment of the occurrence of the damage, thus obtaining the repayment of the daily corresponding amount of the non-enjoyed charter. According to the organizational needs of the Company, and at its exclusive discretion, the Charterer can prolong the period of charter beyond the estimated term, thus recovering the time lost due to the damage. In case the cost of the repairs should be debited to the Charterer, he must make the repairs before redelivering the vessel or he must, in any case, indemnify the Company for the time needed to carry out the repairs when exceeding the duration of the charter, subject and unprejudiced to a compensation for the greater damage suffered by the Company.
6 PREMATURE TERMINATION, in case of voluntary interruption of the journey, shall have no right to be refunded, being obliged to indemnify the Company for all the costs deriving from the premature termination of the charter.
7 INSURANCE The insurance policies effected by the Company do not cover the loss or damage to the Charterer’s and his guests’ personal belongings, or any civil liability for third party’s belongings. The insurance conditions are intended to be known by the Charterer, as they are at his disposal. Damages of any kind which cannot be indemnified by the insurance policy because imputable to the Charterer or to his guests, the insurance franchise clause and the escalation of values ensured to the limits considered more adequate by the Charterer, are in any case to be paid by the Charterer.
8 BAD WEATHER The Company will not take upon himself any responsibility for delays in departure or interruption of the cruise due to adversities of the weather or to contrary instructions by the Maritime Authorities.
9 SUBCHARTER AND TRANSFER OF CHARTER The Charterer is not allowed to let the above mentioned vessel to another Charterer or to relinquish the right deriving from the present agreement.
10 CANCELLATION OR VARIATION BY THE COMPANY .The Company reservesthe right to cancel or to alter the holidays arrangements should unforseen circumstances require it . Should cancellation be necessary before embarcation ,the Company will, if possible, offer an alternative holiday or will alternatively make a full refund of all money paid . The Company is obliged to end the cruise in the harbour agreed in the original planned route. In the event of unavigable weather conditions, the Company may end the cruise in the closest place with public transport. Company s liability of any kind is limited to the charter price.
11 ARBITRATION OF DISPUTES Each and any dispute resulting from the interpretation or the execution of the present agreement shall be remitted to a board of arbitrators made up of three members, one to be appointed by each of the two parties and the third chosen by mutual consent of the arbitrators; in case no mutual consent should be reached, the third member shall be designated by the Captain of the Maritime Authorities or by the internal navigation authority in whose jurisdiction the head office of the Company is located. The arbitration shall take place where the Company has its head or operations office. In case the present agreement should be translated into other languages, the Englisch text shall be regarded as valid for interpretative purposes or if there should be variance between the two texts.
12 BROKERAGE RIGHTS The brokerage rights for the conclusion of the present agreement are to be paid by the Company. In force of the present agreement the Company gives the Broker the agency to cash, on its behalf, the advance and the balance of the corresponding amount of the present charter and to retain his own commission.
13 BROKER The present agreement and payments has been negotiated by: Owner- Plavi Obzor d.o.o. - Vela Luka - Croatia
14 TERMS The hire rate includes the sea freight of the vessel, the isurance policy ,the crew, 4 hours of cruising per day (the price for every additional hour of navigation is euro 45) . Smoking in the cabins is prohibited. Local rules protecting the enviroment and governing fishing and diving must be observed.
14 bis.SPECIAL PROVISIONS .The on-board service provides a weekly change of sheets and towels. Embarkation from Split or Dubrovnik at 4.00 pm
and landing at Split or Dubrovnik at 9.00 am
You will not bring personal drinks on board without the permission of the Captain.
15 The “General Conditions of the Charter “The Charterer to pay the advance reservation, you accept all the terms of this contract.
The undersigned declares explicitly of taking note and accepting the following clauses of the present agreement: 1. Payments 1A.Cancellation; 2. Delivery; 3. Delayed delivery; 4. Running expenses; 5. Damages, failures, accidents, repairs; 6. Premature termination; 7. Insurance; 8. Bad weather; 10. Cancellation or alteration by the Company; 11. Arbitration of disputes; 14. Terms; 14 Bis Special provisions . 15. Acceptance of the General Conditions of the Charter
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