In Šibenik, on April 18, 2018, NAVIS LATINAE, a craft owned by Marko Berović, Trg Andrije Hebranga 11C, 22 000 Šibenik, OIB: 81739131303, issued the following:
GENERAL TERMS OF DAILY RENT
General Terms of Rent
1.1. NAVIS LATINAE, craft owned by Marko Berović (hereinafter: NL) guarantees technical correctness and good condition of their vessels.
1.2. The person who confirmed the reservation or paid the advance (hereinafter: the Client) establishes a legal relationship with NL, thereby confirming its consent with these General terms of daily rent.
1.3. NL explicitly determines that these General Terms apply to daily rental of vessels (one or more days) without accommodation, and NL provides only that type of rental service.
1.4. Everything published under these conditions is a legal obligation both for the Client and for the NL.
1.5. These conditions are the basis for solving any disputes between the Client and the NL.
Price and Payment Terms
2.1. Prices of vessels are published in Euro (€), according to the valid price list NL for which the Client has reserved.
2.2. The prices from article 2.1. include a technically correct and fully equiped, clean vessel with full fuel tanks, mandatory and risk boat insurance, mooring in the parent marina, Croatian navigation license.
2.3. These prices do not cover the cost of other marinas during rental, port taxes, fuel costs and other supplies, car parking and health insurance of the crew.
2.4. In order to confirm the registered vessel reservation, the Client pays an advance in the equivalent of 30% of the total rent.
2.5. The remaining amount, up to the total rental value, is payable no later than 30 days before the start of the rental.
2.6. Reserved vessels may only be used by the Client on condition that they have properly regulated all necessary payments.
Changes and cancellation of rent
3.1. If the Client wishes to change the rental conditions, he must request it in writing (e-mail, fax or mail) and receive a written approval from NL.
3.2. The date when NL received a written notice of cancellation is the basis for calculating the cancellation costs as follows:
-To cancel up to two months before the start of the rental NL charges 30% of the rental price.
-To cancel a month before the start of the rental NL charges 50% of the rental price.
-Cancellation within 30 days to the beginning of the rental NL retains 100% of the total rental price.
3.3. If a Client who cancells a rented vessel, when canceling a reservation finds a new user of the same reservation, who is willing to assume his rights and obligations, NL charges only the costs caused by the replacement.
3.4. If the cancellation of the reservation is due to objective reasons on the Client side (death in the family, serious accident), the amount already paid will not be refunded, but NL will put the vessel at its disposal in the first free term or in the following season.
Taking possesion (CHECK-IN)
4.1. NL is obliged to provide the Client with a technically correct and fully equipped vessel with a full fuel tank, clean and neat, ready for navigation, untill 09.00 am on the first day of rent.
4.2. The Client leaves NL a deposit amounting to EUR 1,000.00 in kuna equivalent to the CNB mid-exchange rate on the deposit date as a guarantee that all possible losses or damage incurred during the lease shall be compensated.
4.3. Deposit is left in cash. The deposit is returned to the Client in full after the NL representative finds that the vessel is returned at the agreed time at the agreed place, neat and undamaged, with no permanent floor stains, with full fuel tanks, and provided that no third party claims have been made in relation to the Client, related to the Client’s use of the leased vessel.
4.4. In case of gross negligence or damage to the vessel and / or equipment, and in case of loss of one or more parts, the Client will bear all costs.
4.5. NL will retain the amount of the deposit corresponding to the value of repair, purchase and / or purchase of equipment or part of the vessel.
4.6. In the event that the vessel can not be leased further, NL will retain the amount of the deposit corresponding to the lost profit due to damage to the vessel / equipment.
4.7. The deposit is mandatory also when the vessel is rented with a skipper engaged by NL.
4.8. If the Client, without prior notice, would not take possesion of the boat 48 hours after the agreed takeover time, NL is authorized to unilaterally terminate the boat rental agreement, and the Client is not entitled to claim damages subsequently.
4.9. When checking in, the Client is obligated to examine and carefully check the general condition of the vessel and equipment and determine whether the actual condition of the inventory and equipment is in accordance with the existing transponder list.
4.10. Any objections on the status of the vessel can be filed only before the start of the trip.
4.11. Any concealed defects and disadvantages of vessels and / or equipment that NL could not be familiar with during the handover oft he vessel, as well as shortcomings and failures arrising after the handover, which NL could not foresee, do not entitle the Client to request a reduction in the rental price.
4.12. The boat is delivered to the Client with all valid documents required for rental (permits, registration…) as well as other attachments from the ship folder (list of port captains, gas stations…).
4.13. The Client undertakes to pay particular attention to all the documents received and to return them to NL when returning the vessel.
Vessel return (CHECK-OUT)
5.1. The Client is obliged to return the vessel at the agreed time, in the contract defined by the landing port, no later than 19.00 o’clock in the afternoon on the last day of the rent with a full fuel tank, ready for further navigation.
5.2. Prior to the return of the boat (check-in), the Client will empty his luggage, and throw the trash from the boat into the prescribed place for the garbage in the marina.
5.3. If during the rent, further travel for any reason is not possible and / or exceeds the contracted return date inevitably, the base manager and the NL must be notified for further instructions.
5.4. Information on the completed notice from art. 5.3. must be entered in the logbook. Inappropriate atmospheric conditions can not be a justification for exceeding the agreed return date.
5.5. Upon expiration of the agreed return date, the Client warrants that for each delay up to 12 hours, pay an additional 5% of the daily rental price for each delay hour.
5.6. For a delay of more than 12 hours from the agreed time of returning the vessel, the Client pays double daily rental for each subsequent start of the calendar day.
5.7. All costs incurred by NL due to the delays in return of the vessel are borne by the Client.
5.8. Deviations from this rule are possible, but only with prior agreement between the Client and NL.
5.9. When returning a vessel to a port that is not contracted as a landing port, the Client pays NL all the costs involved in the transfer of the vessel to the agreed landing port, the prescribed penalty for delay if it has been incurred and a compensation for all damages not covered by the insurance policy occurred during the transfer.
5.10. When returning the vessel, the general condition of the vessel and equipment is checked, and a comparison of the inventory and equipment with the inventory list by the NL (check out).
5.11. The Client is obligated to report to the representative NL all possible defects and damages.
5.12. If the damage is caused on the underwater part of the vessel, or there is a doubt about it, a detailed inspection of the vessel is required by engaging a diver or a crane.
5.13. The manner in which the review will be carried out is decided by NL and the cost of the proceedings is borne by the Client.
5.14. If the Client attempts to cover the damage or loss that occurred during the rental of the vessel, he is obliged to pay NL a sum of 200 € and to compensate for the damage done.
5.15. NL will make a charge for fuel refill as well as charge for fuel refueling service if the Client does not return the full tank, as indicated on the checklist signed by the Client when handing over the vessel.
6.1. The Client agrees and declares that:
– no later than 1 week before the beginning of the rental, he shall provide the valid identification document of the Client and the skipper, as well as the number of the valid navigation permit.
– they will have valid travel documents.
– he will study the printed material prepared on board
– conscientiously and carefully handle the vessel, inventory and equipment, and in particular that he will not operate a vessel under the influence of alcohol or narcotics, and that he will behave responsibly in every respect
– will sail within the territories of the territorial waters of the Republic of Croatia. The abandonment of the territorial sea of the Republic of Croatia is possible only with the prior written consent of NL.
– will sail only under safe weather conditions and good visibility, and will avoid obviously dangerous areas.
– will adjust the navigation to atmospheric conditions and the ability of the crew,
– leave the harbor or anchorage if the vessel or some of the equipment essential to the safety of navigation itself is not in use.
– they will leave the port if the port authorities have prohibited the navigation, or issued a ban on landing, and in case of insufficient stock of fuel.
– will not use the vessel for commercial purposes (transport of goods and persons for reimbursement), professional fishing and similar activities.
-will not give the vessel for subrent, and will not give the vessel for usage to third parties (other than the people on the crewlist, for whom the Client is reposnsible)
– will not board more persons than the number of persons planned for the vessel,
– will not participate in regattas or races of vessels without the consent of NL.
– will not tow another vessel and will take all preventive measures to avoid the situation where the rented vessel should be towed.
– agrees that the lease agreement is deemed terminated if it has been found that some of the crew members have violated some applicable regulations and / or the law of the Republic of Croatia connected with the usage oft he vessel and that NL can freely dispose of the vessel without any right to compensation from the Client
– will assume all responsibility and reimburse all costs to NL, which would turn out to be caused by actions and omissions by the Client, for which NL would be materially and/or criminally liable to a third party.
-The Client’s liability for all breaches of the rules of navigation and other rules, committed during the rent, shall not cease after the expiry of the rent.
– in the event of a boat crash, accident or breakdown, the Client will record the course of the event, immediately notify NL, submit a report of a maritime accident to the nearest harbor captain, and request a certification from the port captain, doctor or competent authority.
– in the event of a ship’s failure or ship’s equipment failure resulting from the natural wear of the vessel / gear, immediately inform NL. NL is obligated to rectify the malfunction within 24 hours of receiving notification. If NL eliminates a defect within 24 hours, the Client is not entitled to any compensation. Telephone numbers that can be served with a malfunction notice are phone numbers posted on the NL website.
– All damages incurred by unauthorized actions and omissions by the Client, which are not covered by the insurance, for which NL is responsible to a third party, the Client will fully compensate NL.
– in the event of a ship’s failure or associated equipment failure, the inability to operate a vessel, and in the event of a seizure or ban imposed by the State or a third party, the Client will immediately notify the competent authorities and NL and request a copy of the police report thereon.
– will assume all and exclusive responsibility in the event of seizure of the vessel by the official state body due to inadequate or illegal activities (commercial fishing, removal of antiquities from the seabed, etc.) undertaken during the use of the vessel during the rental period.
– Serves independently in case of pollution of the sea when filling fuel tanks or garbage disposal outside prescribed locations.
– will properly keep the ship’s log and leave it on board after the rent expires
– pets (dogs, cats, birds, …) will board the vessel only with the prior approval of NL.
6.2. The material and criminal responsibility for acting contrary to the obligations assumed here lies solely with the Client himself.
Obligations of the commander of the vessel
7.1. A Client who assumes the function of a commander of a vessel must have the necessary maritime knowledge and skills and a valid permit for operation of the vessel on the open sea.
7.2. If the Client does not have the required documents, knowledge and skills, he or she will be responsible for ensuring that the vessel is operated by the person with these skills.
7.3. NL may request from a Client or a person designated by the Client for commander to demonstrate their knowledge and skills in the presence of NL representatives at sea.
7.4. The time spent on testing is included in the time period in which the vessel was hired.
7.5. If the Client already knows in advance that he will be required for skipper services, he / she must inform the NL staff when making the reservation.
8.1. The boat is secured for damage caused to third parties, and from third party liability (compulsory insurance).
8.2. The boat is also secured with a deductible franchise in the declared value of the vessel for risks to the insurance policy.
8.3. Casco Insurance covers damage over the amount of the deposit, but not damage caused deliberately or for gross negligence.
8.4. NL is not liable for the loss and / or damage to the assets of the Client and other crew members, as well as other property, deployed and guarded on a vessel, operating vehicle or NL office.
8.5. All damages and / or losses must be reported NL immediately upon emergence.
8.6. In the event of major incidents, as well as in the participation of several vessels, it is necessary to report the case to the competent port captaincy and to request from them appropriate documents to be subsequently submitted to the insurer.
8.7. There is a possibility of damages covered by the insurance policy, which were not immediately reported to NL, to the competent authorities or insurers, and for which there is no all necessary documentation will not be recognized in accordance with the terms of the insurance, and for them in full amount corresponds to the Client.
8.8. In the event of damage to the vessel, the Client is obliged to bear the costs in accordance with the existing insurance terms, only to the extent of the deposit.
8.9. The cost of any damage to vessels and / or equipment caused by gross negligence and / or loss of one or more parts of the equipment is borne by the Client in full.
9.1. Every Client has the right to complain if he or she feels the leased services are incomplete and / or poorly executed.
9.2. The Client may only request proportional damages if he makes a written complaint when returning the vessel and encloses all relevant documentation.
9.3. Written complaints should be signed bilaterally; by the Client and the NL representative, or may be sent to the email address to NL no later than the return of the vessel and the end of the lease.
9.4. Subsequently received and incompletely filed complaints NL will not be considered.
9.5. NL is required to make a written decision on the received complaint within 14 days upon receipt of the complaint.
9.6. NL may postpone the deadline for decision on complaints to collect information from persons directly or indirectly involved in the complaint for a maximum of 14 additional days.
9.7. If a Client has acted in contravention of provisions in this article, due to a breach of the procedure and regardless of the Client’s allegation Client looses the right to ask for damages.
10.1. These terms apply from the date of its adoption.
10.2. If the Client is not satisfied with the NL decision, and NL is unable to find a peaceful and agreed solution, he has the right to arbitration.
10.3. For such a case and other cases of dispute between the Client and NL, the jurisdiction of the court in Zagreb is contracted with the application of the legal regulations of the Republic of Croatia.
10.4. Any change and addition to these terms is possible and valid only in the written form.