General conditions

GENERAL CONDITIONS

1) Price, charter bookings and terms of payment

The price for yacht charter shall include the following: Fully equipped vessel according to the presently effective price-list and inventory, i.e. bedlinen, auxiliary boat with oars, outboarder, gas, usual charter base services at the time of vessel's delivery (check in/check out). Yacht charter price shall not include costs and expenditures for marina services and mooring in the harbours outside the home port, harbour dues and other taxes.

After the yacht charter reservation has been confirmed, which will be effective in writing only, the payment is to be done according to the preliminary calculation, which is the following:
· 50% for advance payment within 7 days after yacht delivery has been confirmed.
· 50% of balance not later than 4 weeks prior to yacht charter
· The vessel can be taken over only after the amount for yacht charter has been fully settled
 
Unless 50% of the advance payment has been done until a foreseen deadline, even after the receipt of a dunning letter, the company Silver Sail L.t.d. shall cancel the yacht booking. After advance payment has been done, the charterer is to confirm general terms and conditions for yacht charter, which is to be given as an insight into afore going terms and conditions and the features of the chartered vessel. All facts stated in this document shall be the subject of the legal liability both for the charterer and the company Silver Sail L.t.d.

Additional services and extras for which an extra payment shall be done in accordance with the effective price-list must be confirmed in writing not later than 7 days prior to the beginning of the charter date. If you require a skipper and/or a hostess aboard, it would be necessary to point out the time of confirmation of charter reservation.

The copy of skipper's licence is to be sent on the occasion of vessel's booking and the crew list is to be sent not later than a week prior to the first day of charter.

It is desirable to send an exact time of arrival, if possible with flight number just a week prior to the first day of charter, provided


2) YACHT CHARTER CANCELLATION

Should the charter of the booked vessel be cancelled by clients, whatever the reasons may be, the clients shall be liable to inform Silver Sail L.t.d. about the incident. The clients shall be debited owing to the cancellation in the amount of:
· 50% of the weekly yacht charter price if a reservation has been cancelled more than a month prior to the first charter day.
· 100% of the weekly charter price if a reservation has been cancelled less than a month prior to the first charter day,
· 20% of the weekly charter price if the company Silver Sail L.t.d. manages to find a client for the cancelled week.

Silver Sail L.t.d. shall consider the receipt date of the aforegoing information a basis for the settlement of accounts of the aforegoing cancellation costs and expenditures. Should a cancellation of the yacht charter booking be done owing to the Act of God, i.e. objective reasons stated by client (death in the family, unstable health condition, a serious accident, etc.) the1 amount that has already been settled shall not be returned, although the first next free appointment of the vessel shall be put at client's disposal.

However, in case it would not be possible to make the stated vessel available for the said client by Silver Sail L.t.d. owing to justified reasons, such as severe damages of the vessel during the previous charters, the company shall for the client enable the following:
· a reserve vessel with the same or similar features and equipment without any delay, or
· a 100% rebate of the paid amount for the charter vessel.

Should any of the vessel's parts be damaged or lost during the previous charter, and if it were impossible to obtain the new vessel parts prior to the date of the new charter, provided their loss will not affect the security of navigation, it will not be possible for the client to give up the charter or to demand a reduction of the charter price.


3) DEPOSIT AND INSURANCE
All our vessels have been hull insured with deductible franchise in the amount of the charged deposits according to the price-list for the current year. Insurance against loss or damage towards persons and against loss or damage towards third party has been included, too. The aforegoing insurance does not cover damages of personal property of clients and property brought to the vessel and a deliberately caused damage, or any damage caused by clients' lack of diligence.


A) DEPOSIT
Before taking over the vessel the client shall be liable to deposit a certain amount in the national currency (HRK) in cash or as credit card deposit (Visa, Master,Diners). After the completion of yacht charter the whole deposit shall be repaid to the client, unless some damages or loss of equipment are noticed. Otherwise the stated deposit shall be kept in the amount needed for the repair or for purchase of damaged or lost equipment. Paying deposit is obligatory in cases when a skipper by the company Silver Sail L.t.d. is hired. In such a case the said deposit cannot be used for covering the costs emerged due to skipper's negligence, bad operation of the vessel or its equipment.


B) TERRITORIAL WATERS OF REPUBLIC OF CROATIA
If the client wants to sail outside the area of the territorial waters of the Republic of Croatia he shall be liable to inform the company Silver Sail L.t.d. about their intentions as soon as possible, in order a vessel should be insured for that occasion, and simultaneously the client shall be encumbered for the stated insurance.


D) ENGINE TROUBLE and severe damages
Should any damage emerge during the yacht charter owing to usual abrasion of materials, the client shall be entitled to organize troubleshooting in the amount of EURO 150.00 and the aforegoing amount shall be repaid after the vessel's arrival into the charter base. Invoice of damage for refundation should be done on Silver Sail L.t.d.

Should the damage be repaired by Silver Sail L.t.d. within 24 hours, the client shall have no right to request any reimbursement.

If the damage could not be repaired on the way and therefore the return to the charter base would be required, the repair should be organized preliminary in order that it should be repaired in time for the next client. Costs for the lost days shall be refunded only if the damage were caused by Silver Sail L.t.d. Otherwise, clients cannot expect any reimbursement of the stated costs and shall be liable to cover additional costs for finding a new vessel.

If severe damages, engine troubles, loss of vessel, personal injuries would happen, the client should be liable to inform the company Silver Sail L.t.d. and obtain minutes and certification on the emerged incident by other parties (e.g. port authority, physician, authorised expert, etc.).


4) TAKING OVER THE VESSEL
The client undertakes that on the occasion of taking over the vessel he shall give to the representative of Silver Sail L.t.d. a verified voucher with all charterer's data and charter appointment with an insight into the original document of the skipper's licence. The vessel is to be delivered with full fuel and water tank. The vessel has to be returned to the charter base in the same way.

On the occasion of taking over the vessel the client shall examine the inventory list with the representative of Silver Sail L.t.d. confirming the condition of the delivered vessel with his signature. The same procedure shall be done with instruments aboard.

Any possible client's supplemental complaints would not be accepted if the client confirmed the correctness of the vessel and completeness of the vessel's equipment. Possible concealed faults and/or equipment unknown to the company Silver Sail L.t.d. shall not entitle the client to require the charter price deduction. Silver Sail L.t.d. may require from the client (or skipper) to demonstrate their navigation skills in presence of a representative of Silver Sail L.t.d. The costs for the stated demonstration shall be paid by the client and the time spent for testing shall be included in the charter period of the vessel. Should it be considered that the client (skipper) is not skilled enough, Silver Sail L.t.d. shall hire an official skipper and the required costs for such a service shall be settled according to the presently effective price-list by the client. If the client refuses the skipper, it shall be forbidden for him to leave the charter base, the contract shall be immediately terminated and the paid rent shall be kept without any right to reimbursement


5) TAKING BACK THE VESSEL
On the occasion of taking back the vessel and checking the vessel according to the inventory list the fuel tank shall be examined, too. If the fuel tank were empty, the client should pay for fuel and possible damages aboard up to the deposit amount, if any damages should be confirmed during the vessels examination. If the vessel were in a good state, the whole deposit would be repaid the client.

Should the client take back the vessel to a port that is not included in the contract as a destination port, the client should pay all costs included the vessel's transfer to the destination port and if the client were overdue, he should be fined. Running behind schedule owing to weather conditions is not justified because it is necessary to keep the vessel at an appropriate distance from the charter base. Every delay longer than 3 hours shall be fined with double daily charter price with the costs emerged due to impossibility of the vessel's delivery to next client. If the client wished to make check out before agreed date and time,he would be liable to inform Silver Sail L.t.d. about this intention at least 48 h earlier.

If the client wished to prolong the period of charter, whatever the reason may be, he would be liable to inform Silver Sail L.t.d. about his intentions, in order they could check the availability of the vessel for further charter and perform all the necessary paperwork for additional days, prolongation of the crew list, reporting foreign citizens in the Ministry of Internal Affairs, etc.)


6) CLIENT'S LIABILITIES
The client shall be liable to:
· be nautically and navigationally skilled owing to the vessel charter (otherwise he shall be liable to accept a skipper according to the effective price-list provided by the company Silver Sail L.t.d.,
· have all required licences for operating the vessel,
· not to leave the vessel to the third party,
· not to transport persons or goods for commercial purposes,
· have aboard exact number of persons as stated on the crew list,
· The client charterer warrants joint responsibility for all crew members,
· keep the crew list with the certificate of residence registration together with ship documentation for the whole duration of charter,
· inform the company Silver Sail L.t.d. about any possible changes owing to the number of crew members or passengers,
· respect legal regulations of the host country,
· not to participate in competitions and regatas without consent granted by Silver Sail L.t.d.,
· hold on to obligatory control intervals for the duration of cruising,
· In case of towing a contract award for rescuing shall be concluded prior to the acceptance of help,
· undertake all safety precautions in order to keep the vessel in delivered condition and avoid towing of the vessel,
· not to leave the port if the foreseen wind force were estimated stronger than 23 knots, or if the port authorities issued a prohibition for leaving port,
· plan the navigation route very carefully, in order the vessel could be at approximately 40 NM distant from the charter base two days before arrival,
· The client shall commit himself not to sail at night without consent given by Silver Sail L.t.d.,
· inform the charter base manager about the vessel's exact location in case of severe weather conditions (gale-force wind), in order to avoid unnecessary and expensive search for the vessel,
· The client shall occupy himself with fishing or any other submarine activities without a valid licence.
· The client shall, depending on weather conditions, avoid unnecessary burdening of masts, sails and ropes.
· The client shall not embark pets (dogs, cats, birds, etc.) aboard without consent.

All consequences arising from the client's not respecting the aforegoing liabilities are the exclusive responsibility of the client/charterer.


7) OWNER'S LIABILITIES

Silver Sail L.t.d. shall deliver the vessel in good working condition, clean with completely filled fuel and water tanks. If it would not be possible to deliver the vessel in time, the client were entitled to require repayment for being overdue up to 24 hours in the amount of 1 charter day. If a delay longer than 24 hours would occur, the client should take over a vessel with the same or similar features.

If the client would not like to take over a reserve vessel and would decide to wait for the delivery of the already booked vessel, he could require the amount equivalent to the number of days on which he would not be able to have the vessel at his disposal.

Responsibility of the company Silver Sail L.t.d. for an amount higher than the contract price is excluded. Owner of the vessel/lessor is not responsible for delays caused by the Act of God or by severe weather conditions.


8) COMPLAINS

Complaints shall be accepted in writing on the date of taking over the vessel only. They must be signed by the client and the representative of Silver Sail L.t.d. The client may require indemnity exclusively during the check out. On this occasion he should file a complaint in writing signed by the both parties with all belonging documentation. If the client's request could not be cleared during the check out, it should be sent in writing within 14 days, otherwise they shall not be taken into consideration.


9) JURISDICTION
If the aforegoing parties will not be able to reach an agreement, the courts at Split shall have jurisdiction for their dispute.


10) ADDITIONAL NOTE
In case a skipper were engaged by the company Silver Sail L.t.d., the skipper is to pledge himself to the rights and liabilities bound to the operation of vessel of the contract hereunder. In view of that, the service user is to respect every decision made by skipper bound to the aforementioned.