1. ACCEPTANCE OF RENTAL CONDITIONS
These general conditions of boat rental regulate the rights and obligations of the lessee (referred to hereafter as the “Client“) and the lessor Abovento Charter. (referred to hereafter as the: Charter). Abovento charter is referred to reservation of a boat through the www.abovento-charter.com . Reservation of boat, the client accepts all the conditions of the lease on its own behalf and on behalf of his own crew.
2. RENTAL PRICE AND PAYMENT
The rental price includes the leasing of a boat with standard equipment, together with boat and crew insurance for the rental period. The rental price excludes costs incurred relating to domicile marinas (parking, berth, etc), fuel, skipper/hostess service and the costs of other optional services.
The Client can take responsibility for the boat that was previously reserved after paying 30% of the rental price upon approval of his request (in advance) and the remaining amounth at pick-up.
If reservation is made in accordance to the query in period less than 7 days, Client is obligated to pay 100 % amount in advance.
These payment regulations cannot be modified without Mayer Charter consent. All payments are payable in cash and credit cards.
3. OBLIGATIONS OF CHARTER
Abovento Charter agrees to provide the boat to the Client in full commission and in proper working order, with a full complement of equipment, inclusive of that required by the Specification on these pages.
The boat must be in immaculate condition, with the water and fuel tanks filled. It should be delivered at the agreed time and with all necessary documentation.
If, for any reason, the Abovento Charter does not fulfill the aforementioned conditions, the Client has a right to reimbursement for all days when he was unable to use the boat. Also, if it is impractical for the Abovento Charter to place the reserved boat at the Client’s disposal at the agreed time and in the agreed place, the Abovento Charter is obliged to ensure that a substitute boat is available with the same or better specification than the one reserved.
If the Abovento Charter is unable to provide a substitute boat, the Client has right to cancel the contract and request reimbursement of the whole rental amount or part of the amount for those days when he was unable to use the boat.
The Client has a right to reimbursement only of the paid rental amount. All other rights are excluded.
If the boat or its equipment is damaged due to natural causes, the Client is obliged to contact the Abovento Charter immediately. The Abovento Charter is obliged to rectify any damage to the boat within 24 hours. In this instance, the Client has no right to any reimbursement or proportional (pro-rata basis).
4. SECURITY DEPOSIT
Prior to taking responsibility for the boat from the marina where it is moored, the Client is obliged to pay a deposit to the Abovento Charter. The deposit will be calculated in accordance with the price list for each boat. The deposit is paid in cash and will be reimbursed to the Client once the boat has been returned and satisfactorily inspected.
The deposit will be reimbursed to the Client in full only where: fuel tanks are full, no damage has been caused to the boat or its equipment nor reports of potential damage made by third parties during usage of the boat.
If the Client reports damage or the Abovento Charter discovers during inspection that the boat or equipment is damaged or a piece of equipment is missing or fuel tank empty the Abovento Charter will retain part or all of the deposit, equal to the cost of repairs or replacement of missing equipment.
Should the fuel tanks not be full, the amount required to fill the fuel tanks will be deducted from the deposit.
5. OBLIGATIONS OF THE CLIENT
After having taken responsibility for the boat, the Client is obliged to sail solely in Croatian territorial waters. The Client is required to observe all rules and regulations relating to keeping a boat log, treating the boat and its equipment with utmost care and sailing in accordance with good navigational practice, i.e. only when the weather conditions are favorable and there is good visibility.
The Client or his skipper should have navigational skills and hold all licenses necessary for navigation.
If the boat is involved in an accident on the sea and the boat or any of its equipment is damaged during sailing, the Client is required to inform the Charter immediately. The relevant telephone numbers of the Charter can be found on user agreement.
6. RESPONSIBILITIES OF THE CLIENT
If any misdeeds and/or negligence in boat maneuvering have resulted in damage to a third party which is not covered by insurance, the Client is personally obliged to cover all material and legal costs that may result from such misdeeds/negligence. The Client is responsible in particular where the boat is confiscated due to unlawful boat activity. In the case of damage and/or accident, the Client is obliged to make a note of events and to ask for written certification from the nearest Harbor Office, doctor or other authorized persons. The Client is also obliged to inform the Charter of any such event.
If the boat is lost, confiscated or an authorized party has forbidden its sailing, the Client is obliged to inform the Charter and any other relevant authorized persons.
The Client is required to check the oil level in the engine.
The Client is obliged to cover all costs relating to damages and losses resulting from a lack of oil in the engine(oil is provided by Charter).
All damages to the underwater section caused by the Client’s negligence will be repaired at the Client’s expense.
If client doesn’t return boat in charter base in agreed period Abovento Charter will redraw all deposit.
7. BOAT INSPECTION
The lessee is required to return the boat to the Charter at the agreed time and in the agreed location. The boat must be undamaged and the fuel tanks must be full.
If the Client does not return the boat to the Abovento Charter at the correct time and in the correct location, the Client agrees to pay 300% of the daily rate for each day overdue.
Late return may be justified in the case of force majeure provided that the Client informs the Abovento Charter immediately.
Boat insurance is subject to the conditions set out by the relevant insurance company.
The boat, its equipment and crew are insured for all types of damage and loss, the value of which surpasses the franchise/deposit amount for the aforementioned boat. The boat’s guide holds liability insurance for third party damages. In the case of more serious accidents and where other boats are involved, the Client is obliged to report such cases to authorized persons at the nearest Harbor Office and obtain all documentation that the insurance company deems necessary. In most cases we are “holding” Client side while we are reporting damage to insurance company. In all big damages we are trying to manage insurance payment, not Client.
The documentation shall contain all relevant information regarding the causes of the accident and conditions prevailing at the time of the accident. The Client is obliged to inform the Charter immediately of any such events.
If the Client fails to take the aforementioned steps, he will be held liable for all damage arising from the non-reporting or late reporting of the incident.
The insurance policy covers all damage arising from inclement weather and other natural disasters but does not cover damage arising from intentional or negligent boat maneuvering. The Client is not permitted to use his deposit to pay for this type of damage. The Client should cover all costs caused by misdeed or negligence.
The insurance policy does not cover damage to the motor that are caused by lack of motor oil.
9. RENTAL CANCELLATION
Should the Client and his crew cancel the rental for any reason after entering into an agreement with the Abovento Charter, Abovento Charter will retain the whole amount paid for rental.
Should the Client cancel the rental 4 weeks or more prior to the vessel rent period, Abovento Charter will retain 30% of the rental price.
Should the Client cancel the rental less than 4 weeks prior to the vessel rent, Abovento Charter will retain the whole amount. Where a Client has insured himself for the hiring of a vessel rent but has subsequently cancelled the boat hire for justified reasons the insurance company may offer the Client compensation.
Abovento Charter reserves the right to substitute a boat when the reserved boat is damaged due to unforeseen circumstances, e.g. natural disasters causing water damage, etc. In this instance, Charter will provide a boat with an equal or better specification than the boat reserved.
This clause ceases to apply in the case of war, terrorist activities, natural and nuclear disasters or other unforeseen circumstances that could be defined as an Act of God. In this instance, Charter is not obliged to pay compensation to the Client.
If the Client and his crew have any complaint during the boat chartering period, they should inform the Abovento Charter about it who will endeavor to resolve any problems. Only objections and complaints presented in written form during the boat inspection will be taken into consideration.
All eventual disputes that are not peacefully resolved will fall under the jurisdiction of the appropriate court in Trogir. All complains during boat tours should be made max. 24h after finish of that tour. Abovento charter is not responsible for weather conditions on sea and if some attraction(like Blue cave) is closed because it is not in our power. Only thing that we are responsible for is boat condition and skipper service.
Client is never hold responsible for whole bigger damage except when he is drunk or in simillar events.
These Conditions are governed by and construed in accordance with the laws of the Republic of Croatia