TERMS AND CONDITIONS
These terms and conditions are an integral part of the charter contract.
These terms and conditions as may be amended from time to time, apply to all our services directly or indirectly available. Customer, agent or Partner Company acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy).
Here and hereinafter - the Company (Under Heaven d.o.o. Trade Mark "Under the Havens") - or - UTH.
PAYMENT
General:
The sailing boat accommodation contract shall become valid upon paying the total amount of sailing boat accommodation fee (hereinafter fee) to UTH. The Charterer undertakes to pay fee to the benefit of the account of UTH as follows:
- 50% of fee (down payment) when booking the vessel for a defined period (7 days).
- 50% of fee 4 weeks prior to the departure period at the latest.
Other:
The Charterer will pay the agreed charter price and extras, amounting to and in accordance to the terms as stated in the Charter Contract.
After completing the booking process, Charterer will get a set of documents on the provided e-mail address, which contains:
• Booking Contract
• Terms and conditions
• Invoice
• Boarding Pass
• Base Info
The amount of the sailing boat accommodation fee includes the usage of the vessel, all equipment on board and other things. The Base Manager must inform Charterer about all the available and accessible for use on board things and equipment.
All extra payments, if any (local tax etc.), shall be done in the base.
The payment shall be made on the basis of the issued invoice, which UTH directs to the Charterer without deferral upon the receipt of the booking inquiry. In order that the booking becomes final, the Charterer is to pay the down payment to the account of UTH or with the credit card, within the time period of 7 days since the day of the invoice, as well as to send the evidence of the down payment. The Charterer also undertakes to send the evidence of the rest payment of the total sailing boat accommodation fee.
The fuel, water and all the costs of the daily berth in the port of putting in or in marina are not included in the sailing boat accommodation fee.
The security deposit has to be made by the Charterer when taking possession of the vessel. The Charterer liability is limited to the amount of the security deposit – unless the cause of damage is gross negligence or intention. The deposit shall be refunded in its entirety upon the return of the vessel - unless the existence of a damage or a defect on the vessel or the equipment is found during the takeover of the vessel and fixed in document by Base Manager, and unless there are no claims filed or announced regarding the Charterer by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself as a result of the action (or inaction) of the Charterer, UTH shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the vessel. In case of caused damage has the consequence that the vessel cannot be further chartered, UTH has the right to retain the amount corresponding to the loss of profit. All cases of damage and loss of equipment should be immediately reported to the Base Manager and fixed as a document.
Cancellation:
If the Charterer who has paid the charter price in the whole, informs UTH on his withdrawal from use of the Vessel, the Charter Company shall retail:
• 30% of the charter price where the charter is cancelled more than 61 (sixty-one) days before commencement of the charter,
• 50% of the charter price where the charter is cancelled between 60 (sixty) and 31 (thirty-one) days before commencement of the charter,
• 100% of the charter price where the charter in cancelled less than thirty days before the commencement of the charter.
If the cancellation is due to objective reasons (death in family, heavy injury etc.), paid price will not be paid back but UTH will give the Vessel at the Charterer’s disposal in another free period of time or within the next sailing season, but in this case UTH has the right to charge Charterer with administration and other objective costs. In any other case, UTH is not obliged to return the Charterer amount paid in accordance to this Contract.
BOARDING
General:
All the information about the place, time of boarding, crew and the itinerary (if it has been approved by the parties) indicated in the boarding pass.
Other:
The charterer must appear to the place of boarding at least two hours before boarding time. If you need a transfer from the airport, grocery shopping, additional equipment or other needed things to the charterer, which are not on board - our company can arrange and purchase it. Please - charterer shall inform the UTH office about such additional measures in advance, at least 7 days prior to boarding time. All costs according to additional service will be covered by Charterer.
The list of the equipment and supply (standard and additional) you can receive in our office or by boat (ask Booking Manager or our Base Manager).
ACCOMODATION, SAILING AND USE OF THE VESSEL
General:
The most important task of UTH - is to provide all the conditions for the best holiday of our guests.
The ship is available for sailing for personal purposes - commercial or any illegal use of the vessel is not allowed.
Other:
The Charterer will hire a Vessel equipped in accordance to the laws and rules of berth location of the vessel and yacht charter standards of UTH. The equipment list is an integral part of our contract and it will be signed by the involved parties on the occasion of taking over and returning of the yacht (checklist). Equipment list will be provided by the Base Manager or Booking Manager during boarding.
The Charterer will pay the agreed charter price and extras, amounting to and in accordance to the terms as stated in the Charter Contract.
The Charterer undertakes and states that he shall sail within the limits of the territorial sea of the Republic of Croatia (unless otherwise permitted by UTH - approved route by UTH), that he shall not sub charter the vessel not lend it to third person, that he shall not participate in regattas nor vessel races, that he shall not use the vessel in commercial purposes, nor for professional fishing, sailing school and similar, that he shall not operate the vessel under influence of alcohol or narcotics, that on the vessel shall not be more persons than registered on the crew list, that he shall sail only during safe weather conditions and good visibility. The Charterer undertakes to respect customs and other regulations and rules. He also undertakes that he shall not convey persons and goods for a fee; that he shall not sail in zones forbidden for sailing, that he shall carefully operate the vessel, its inventory and equipment and that he shall not be involved in towing of another vessel.
In case of distress or accident, Charterer shall register the course of events (in special document or in shipu0027s journal), as well as ask for the attestation by the harbormaster, physician or authorized body. UTH shall be informed of the distress without deferral. The damages of the underwater part of the vessel have as a consequence the vessel inspection, the costs of which shall be met by the Charterer. The Charterer undertakes to inform the authorized bodies and UTH in case of disappearance of the vessel, in case of impossibility of operating the vessel, as well in case of state organs or third persons seizing or confiscating the vessel or imposing measures of sailing prohibition. In case of non-compliance with the obligations stated in this chapter, the Charterer is personally responsible to UTH and he assumes liability for all the consequences. The keeping of pets (dogs, cats, birds and similar) on the vessel is allowed but should be told 4 weeks before the charter period, must not have the weight more than 10 kg, and Charterer can be charged by UTH for additional cleaning for amount 350 Euro per week per each animal on board (if the boat need additional cleaning after return in base).
Taking into consideration the weather conditions, the Charterer is obliged to comply with the orders of Base Manager. The Charterer undertakes he shall not sail in the areas insufficiently known, considering the nautical charts which he has at disposal that he shall not sail by night without using all navigational lights and without adequate observation from the board.
The Charterer shall not leave the port or the anchorage if the wind force is more than 30 knots, or if the port authorities have forbidden the sailing. The Charterer shall not leave the port or the anchorage until the damage is eliminated from any vital part of the vessel, such as motor, set of sails, ropes, bilge pump, anchor
winch, navigational lights, mariner’s compass, safety equipment and similar or if any of the mentioned devices is not in working order. The Charterer shall not leave the port or the anchorage without sufficient fuel supply and when weather conditions or conditions of the vessel or his crew are unsafe or uncertain in general.
Charterer must have all necessary certificates and must provide it to the UTH before boarding. Tests of Charterer’s ability to operate the vessel are an integral part of the time period for which the vessel was chartered.
LIABILITY OF THE CHARTERER
For the damage caused by actions and failures of the Charterer for which UTH is liable to the third party, the Charterer is obliged to settle the damages to UTH in their entirety, whether it is the case of material and/or legal expenses that resulted from such actions and failures. The Charterer is explicitly liable for the vessel in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the vessel within the period for which it was stipulated.
Charterer may use the Vessel exclusively in the coastal sea of the waters of berth location of the Vessel. Use of Vessel out of coastal waters, participation on regatta etc. is allowed only upon relative permit in writing was granted by UTH Management to the Charterer.
The Charterer is obliged to provide name, surname, date of birth, place of birth and passport number of all crew members on time, as advised by UTH.
UTH is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party caused by the Charterer or members of his crew for the duration of this Contract, If this was the fault of the charterer, in violation of regulations and prohibitions set forth in this agreement.
The Charterer is obliged to observe all navigation rules and orders made by the authorized government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report UTH on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to UTH in the same condition in which the Charterer had received her.
The Charterer will hold UTH harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the yacht and related equipment or other inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the yacht or dinghy.
If the Charterer will not return the Vessel in agreed time and on agreed place, he will lay under commitment for paying indemnity for every started day of being overdue in a double amount of the daily charter fee. If he does not report UTH about expectations of becoming overdue prior to the end of agreed time of Vessel return, the indemnity will be enlarged for further 30%. UTH has right to settle the indemnity for Charterer being overdue through the bailed security deposit.
UTH is also not responsible for postponements or changes of Charterer’s plans caused by bad weather conditions or some other similar reasons. In case that extremely bad weather conditions will hinder the return of the Vessel in a foreseen term, UTH agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged by 50% amount of the daily charter fee, for every day of being due with return of the Vessel.
LIABILITY OF THE CHARTER COMPANY (UTH)
General:
The charter company (UTH) is obliged to provide fully equipped vessel in accordance with provided in the contract specifications.
Other:
Yacht specifications, technical parameters, a list of rescue and additional equipment can be provided to the charterer in our company office (UTH).
UTH ships are certified for the declared navigation region and are regularly tested. The company is responsible for the safety and completeness of the provided vessel to the charterer.
Any objections and comments on the state of the boat may be discussed with the management of the company - just send a written document (or email) to the office, or contact us by phone.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, UTH shall only be liable for direct damages actually suffered, paid or incurred by the Charterer, crew or the passengers, due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation. Neither UTH nor the owner of the yacht will be liable to any person for any loss, damage, injury, or death that results from the Charterer’s use of the yacht. UTH makes no representations other than those contained in these terms and conditions and written materials provided as part of the booking procedures, UTH will not be responsible.
UTH is also not responsible for postponements or changes of Charterer’s plans caused by bad weather conditions or some other similar reasons. In case that extremely bad weather conditions will hinder the return of the Vessel in a foreseen term, UTH agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged by 50% amount of the daily charter fee, for every day of being due with return of the Vessel.
Failure to deliver:
UTH is obliged to make available the contracted, similar or better Vessel, at agreed time and place. If UTH is late in performing this obligation, UTH will lay under commitment to pay back an appropriate proportional amount of the charter price for every 24 hours being overdue, and additionally, if reason for UTH being overdue can be imputed to UTH responsibility, UTH should also pay 5% indemnity of weekly charter price for every day being overdue, but not more than 15% of the total charter price. By delivering the Vessel within 4 hours of overdue, UTH is not considered to be overdue.
If UTH cannot supply the Vessel or an appropriate replacement (meaning a type similar in dimensions, gear and equipment) and the delay exceeds 20% of the total charter time or a maximum of three (3) days, the Charterer has the right to withdraw from the Contract. In this case payments already made will be refunded to him. No further claims may be raised.
If it is an established fact before the start of the charter that neither Vessel nor replacement will be available on the agreed date, UTH shall be obliged to inform the Charterer as soon as the former knows the facts. In this case, both parties may withdraw from the Contract before the assumed start of the charter. Payments made by the Charterer will be refunded as above. No further claims may be raised.
If check-in time is delayed by UTH for reasons he is responsible for, the Charterer will get a pro rata refund from UTH.
Personal data protection:
The Charterer provides personal data voluntarily. The personal data are necessary in the realization process of the requested service. The same data will be used for further communication with the Charterer. UTH obliges not to transfer the personal data of Charterer out of the country nor forward it to the third person except for purposes of the realization of the wanted service. In case The Charterer signs the insurance policy her or his personal data will be forwarded to the insurance company for purposes of arranging Trip Cancellation Insurance, Medical Emergency Insurance, Lost and Damaged Baggage Insurance as well as Travel Medical Insurance. The personal data will be stored in the database, according to the decision of the Management concerning the collection, processing and storage of the personal data. The Charterer gives his or her consent that their personal data can be used for UTH marketing purposes.
INSURANCE
General:
Charterer can order option with non refundable deposit (ask our Booking manager) or use the insurance deposit prior the boarding. Deposit will be return after return of the vessels if the boat has no damage or claims of third parties.
Other:
If applicable in the country of Vessel’s berth location, full cover insurance may be applied. In order to make check-in/out faster and to avoid security deposits the Vessel is fully insured against third party damage, loss or damage of inventory and equipment, loss or damage caused by maritime accidents, natural disasters, lightning strike, foundering, capsizing, grounding, fire, explosion, burglary, theft, collision with any solid or floating object, malicious act of third party and earthquakes. Full insurance does not cover willful misuse, gross negligence or cost of repair of clogged toilette.
Unless Full cover insurance is applied, the Charterer lays under commitment to providing a security deposit at the time of embarkation on the Vessel by pre-authorization of the credit card. The deposit shall be terminated in its entirety upon the return of the vessel, unless an existence of a damage or a defect on the vessel or the equipment is found during the handover of the vessel, and unless there are no claims by UTH, filed or announced claims by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself, or existence of other reasons as stated in this Contract, UTH shall retain/charge the amount (a part or the whole deposit), which corresponds to the indemnification or value of repair, acquisition and/or purchasing the equipment or particular part of the vessel. In case if caused damage has the consequence that the vessel cannot be further chartered, UTH has the right to retain the amount corresponding to the loss of profit. The security deposit can be made solely by pre-authorization of a credit card. The actual amount of security deposit for the type of vessel chartered is stated in Booking Contract and in the Price List.
The Vessel is insured against third party damage, fire, lightning, explosion, theft or robbery or damage caused by natural disasters, marine and collision risks, and against any loss or damage except equipment expressed in this Contract. Unless the damage was caused wittingly (willful misuse) or with gross negligence,
the financial liability of the Charterer for loss or damage caused by him or a crewmember is limited with the security deposit. The Vessel is insured with the minimal deductible that should correspond to the security deposit amount. Regardless of insurance, the Charterer is also obliged to pay indemnity for all caused damages up to the height of the security deposit. Damages covered by insurance which are not immediately reported to UTH and/or insurance company, will not be acknowledged as per the insurance policy. In this case, the Charterer is personally responsible for total damages as a result of not reporting or late reporting of damages. Damage to the underwater part of the Vessel must be followed by Vessel inspection executed out of the water, at the expense of the Charterer, if he is to be held responsible for this damage.
The insurance is determined by the terms defined by the insurer with which UTH insured the vessel. The terms under which the vessel is insured form an integral part of this terms and conditions and shall be delivered to the Charterer when taking over the vessel. The damage covered by the insurance and in accordance with the insurance policy, which has not been reported to UTH without deferral, shall not be acknowledged. In this case the Charterer is personally liable for all the damages as the result of no reporting or late damage reporting. The vessel crew is insured, as well as their personal luggage. All yachts are properly covered with liability insurance and comprehensive coverage for Charter Business.
ARBITRATION AND LAW
In case of misunderstanding or dispute, the parties shall tend to settle it peacefully and consensually. If the misunderstanding or dispute is not solved in the afore-mentioned manner, the dispute passes into the jurisdiction of a court in Split and is regulated by the legal provisions of the Republic of Croatia.