General terms and conditions of business
for crew members in Croatia
Terms and Conditions for Jointly Booked Sailing Yacht = Partial Yacht Charter for a Sailing Trip
These agreements/conditions apply to all participants and co-sailors on this yacht charter sailing trip. If a person confirms this booking on behalf of multiple people, that person—the one signing the contract—must present these conditions to all other individuals and ensure their agreement before the booking confirmation is sent back. The booking confirmation is for the arrangement of the joint booking of the sailing yacht by the charterers. The charterer referred to in the booking confirmation is considered a third-party service provider, which is directly responsible for the proper provision of the services agreed upon in the contract with the charterer.
Participation in a partial yacht charter (for a joint sailing trip) is not a package holiday and does not constitute a transportation service. General notes: We explicitly point out that a sailing trip can also be very strenuous and have an adventurous character. Not everything always goes according to plan, especially due to weather conditions—technical problems or issues within the crew (charterers) may lead to short-term changes in the itinerary. These adjustments to the current conditions (including weather!) are sometimes unavoidable to protect the crew and the yacht. A responsible skipper plans ahead and makes decisions 100% based on the situation. It is also common practice for the crew to follow the instructions of a skipper and to assist the skipper in any necessary actions on the ship if it is necessary to remedy a problematic situation and ensure a smooth sailing experience.
In case of any other unforeseen problems, the best possible cooperation and full collaboration of all charter participants is mandatory if requested by the skipper and required for the swift resolution of a potentially problematic situation. Partial charter: In the mentioned share (charter share), each participant is a co-charterer. The yacht is booked through the company named in the booking confirmation, although in exceptional cases, the yacht can be booked through another company, for example, if the originally booked yacht is damaged, unavailable, or should be taken out of charter. The company named in the booking confirmation as the charterer is responsible for the customary and agreed provision of the booked yacht. The terms and conditions of this company (the charterer) are part of this charter booking and are available online on the charterer's website for every charter guest at any time. The charterer is obliged to read these charter conditions regarding yacht charter, and the confirmation of reading will be confirmed to us by the confirmed return of the booking confirmation by the charterer.
If a guest—regardless of the reason—cannot find or read these terms and conditions from the charterer, we will, of course, provide a copy upon request before the booking confirmation is finalized. In case of defects on the ship, the court of jurisdiction and applicable law is the law at the registered office of the charterer as stated in the booking confirmation. The agreed scope of services consists of the following points: 1.) Arrangement for the joint yacht charter—joint booking—of a sailing yacht. 2.) Coordination of the persons participating in the trip with the charter company, trip preparation—including information prior to the trip. On the day of arrival, the skipper (brought by the guests or potentially arranged by us if desired) will allocate the cabins and explain the use of the yacht, safety equipment, and further trip planning. When allocating cabins, care will be taken to consider which cabins were booked by the charter guests. If there is no clear allocation, a logical approach will be followed, and customer wishes (if possible) will be taken into account as best as possible.
However, it cannot be ruled out that different gentlemen and ladies may have to share a double cabin if only 50% of a double cabin has been booked. The yacht and all equipment must be treated as carefully as possible by each trip participant. In the event of damage to yacht equipment caused by a charterer (trip participant), this may lead to necessary compensation costs if the damaged items are not covered by a deposit insurance. The carrying out of usual onboard tasks must be done collectively; each charter guest must contribute the same amount of time to these joint tasks. The charterer confirms that he/she is capable of swimming at least 30 minutes in deep water—despite waves. Each trip participant voluntarily participates in this joint yacht charter—essentially a joint sporting event—at their own responsibility and risk but will still follow the skipper's instructions 100%.
Parents are responsible for their children and their entertainment. They ensure that the important relaxation of other trip participants is not disturbed. All charterers/participants of this trip explicitly and irrevocably exclude any mutual liability. This agreement particularly applies to damages to life, health, and property of fellow sailors. If damage occurs to the yacht because one or more crew members did not follow the skipper's instructions, those charterers are liable for these damages. A skipper generally has the right to remove any trip participant from the boat and exclude them from the further trip if any charterer behaves in a way that is dangerous, uncontrollable, or unreasonable for the rest of the crew. Such a trip participant would be brought ashore and would not receive any compensation for the part of the trip not completed + return travel costs (this has, however, not been necessary for any charterer so far). If the yacht is not available on time for the agreed charter start due to force majeure or unforeseeable events, we will offer a suitable replacement charter. This replacement charter yacht may differ from the originally booked yacht, and it may lead to a different starting point for the charter, which may incur additional travel costs that will not be refunded.
An additional travel time (calculated as the fastest possible time for the respective route without delays, e.g., traffic jams) of 2 hours by car/bus/taxi from the original starting point is agreed upon as reasonable. If we cannot offer a replacement charter yacht, the amounts already paid will be refunded to the charterer within 14 days. Any further claims for damages are expressly excluded. If the minimum number of fixed booked co-charter guests (at least 4 or 6 guests per yacht charter) is not reached by 1 week before the start of the charter, the entire charter will likely not take place. We have up to 7 days before the start of the charter for information regarding the unsuccessful yacht charter. Any claim for a refund exceeding the already paid charter amounts or compensation for travel expenses, etc., is expressly excluded. CANCELLATION PERIOD: In the event of cancellation of the charter up to 6 weeks before the trip begins, a cancellation fee of 50% is agreed upon; in the event of cancellation within 6 weeks before the trip begins, a cancellation fee of 100% is agreed upon. INSURANCE: The arranged boat is officially registered for charter and is insured for hull and liability according to the law.
Our liability is limited to the agreed-upon arrangements and above-mentioned arrangements regarding partial yacht charters. The extent of our liability is limited to the amount of the charter cost participation of the charterer. There is no liability for delays caused by events of force majeure, damage, and/or berthing times in marinas/harbors/bays due to, e.g., stormy weather or urgent repairs, etc. Berthing fees while underway are always paid by the charterers. Changes and additions to this agreement require written form in all cases. Should any parts of this agreement be invalid or unenforceable, the validity of the remaining agreements will not be affected. If it turns out that this contract contains regulatory gaps or ineffective or unenforceable provisions, such gaps shall be interpreted as closely as possible to the agreed purpose.
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