SAILAWAY PUTNIČKA AGENCIJA, obrt za usluge, vl. Damir Šćapec, Zagreb, Supilova ulica 21, OIB: 61023653572
These General Terms & Conditions (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessels – yacht charter and other services provided by the SAILAWAY PUTNIČKA AGENCIJA, obrt za usluge, vl. Damir Šćapec, Zagreb, Supilova ulica 21, OIB: 61023653572 (hereinafter: Sailaway) to the Client, included, but not limited to negotiating with charter companies, on behalf of the Client.
By accepting and agreeing to these Terms, the Client acknowledges that in order to fulfil it’s obligations, Sailaway will negotiate with other companies, included, but not limited to charter companies, on behalf of the Client.
The vessels regulated by Terms (hereinafter: Vessels) are recreational vessels listed in the fleet of Charters with which Sailaway cooperates.
These Terms and all stipulations stated in them shall be the subject of legal liability and be binding for both Sailaway and the Client who uses the services provided by Sailaway, including, but not limited to, chartering the Vessels (hereinafter: Client).
By confirming of the booking intention or paying the advance payment the Client confirms to agree with Terms.
From Client’s side, the booking intention is confirmed when advance payment is paid by Client.
From Sailaway’s side the booking will be confirmed when full amount of advance payment lands on its account.
By accepting these Terms, Client acknowledges that in certain situations (included, but not limited to the booking of the Vessel only), it is possible to realise the payment of the booking directly to the Charter company, which will be specifically agreed between the Parties at the moment of the booking reservation.
After the service order by the Client, including yacht charter reservation has been agreed, which will be effective in writing only, the payment is to be done according to the following calculation:
By accepting and agreeing to this Terms, it is considered that the Client is informed of possible changes in the course of the payment, due to different terms and conditions of charter companies from which the Vessel will be chartered.
If the booking reservation is made 1 month prior to the yacht charter, or during that period, the Client is obliged to settle the whole amount of the yacht charter at the moment of the reservation.
All payments have to be done according to payment instructions listed in the Invoice and accompanying documentation which Sailaway will send to the Client.
The primary method of payment is bank transfer. Client accepts to pay full costs of the bank transfer charges, and when making the payment should emphasize to his/her bank that all bank fees (of both outgoing and incoming bank) should be paid by Client. If Client fails to do so and Sailaway is charged bank transfer fees, it will be considered that the payment is not fully settled and Client will need to settle the remaining amount.
Exceptionally, Sailaway may allow other methods of payment, but in such cases discounts for yacht charter services may decrease due to surcharges and fees connected with those alternative payment methods. Any such details shall be stated in the invoice and Client agrees to them if choosing the alternative payment method.
The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, Sailaway shall be entitled to cancel the Vessel’s booking without any refunds to the Client.
4.1. All inclusive basic
The price for yacht charter depends upon the charter company form which the vessel will be chartered, and mostly includes the following:
4.2. All inclusive premium
All inclusive premium option includes all services listed in 4.1. All inclusive basic, and the following:
fuel
harbour dues,
4.3. All inclusive luxury
All inclusive luxury option includes all services listed in 4.1. All inclusive basic and 4.2. All inclusive premium, and the following:
Yacht charter price includes VAT valid at the time of booking confirmation, however, should the relevant VAT rate be increased by law prior to beginning of charter, Sailaway reserves the right to charge the VAT difference.
Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective Price List of the associate company of Sailway (e.g. auxiliary engine, one-way options, transfers, gennaker, etc.) should be requested by Client and agreed prior to booking confirmation.
Client may ask for addition of certain Extras even after the booking confirmation, and Sailaway will undertake reasonable effort to provide the newly requested Extras to the satisfaction of Client and will inform the Client if it is possible to upgrade the booking with requested new Extras or not. Client acknowledges that Sailaway is not obliged to provide newly requested Extras at that point in time.
Due to unpredicted situations or situations due to Acts of God, it is possible that some of the services ordered by the Client and agreed with Sailaway, will not be possible to preform, about which the Client will be immidiately notified. Sailaway will undertake all reasonable efforts to provide services if possible, and if those services have already been paid by the Client, Sailaway will refund the payment, without delay. Given the reasons for which this situation may occur, the Client acknowledges that this is not a liability of Sailaway and cannot ask for remuneration from Sailaway.
At the latest, all Extras must be confirmed by both sides in writing not later than 10 days prior to the beginning of the charter date. Only very exceptionally, Sailaway can allow last minute confirmation of Extras in particular cases.
If Client does not require a skipper, the copy of his/her skipper’s license (that includes VHF license) is to be sent on the occasion of Vessel’s booking, for the verification and approval. If the license is not approved, the Client will be obliged to take a professional skipper.
For some Vessels Sailaway may request that a professional skipper and/or other professional crew members are obligatory regardless of Client’s licenses. This will be indicated at the time of arranging the booking.
The Client must send a correctly filled Crew list, not later than 10 days prior to the first day of charter.
The Client agrees that s/he is the main contracting party of Sailaway, and that Client is responsible for the other guests on board.
Additionally, it is recommended to send an estimated time of arrival at least 10 days prior to the first day of charter, in order for the base staff to organize check-in procedure in as smooth way as possible. If Client has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 10 days in advance is obligatory.
Client is responsible for the accuracy of delivered crew list information, as well as for validity of all passports, visas, licenses and other identification documents. Client and his guests aboard are responsible to obtain appropriate visas for Croatia and other countries they travel through, if applicable.
In particular, Client acknowledges that the sailing license is a very important document on-board and is legally responsible for its accuracy and trustworthiness.
Should the charter of the booked Vessel be cancelled by Client, whatever the reasons may be, the Client shall be liable to inform Sailaway per email about the cancellation without delay.
Client shall be charged for the cancellation in the amount that depends upon Charter Company about which the Client will be informed at the moment of the reservation and booking.
Also, if skipper was reserved and then cancelled by Client, skipper fee has to be paid nevertheless, according to the percentages defined by the Charter Company. The same holds true also in case of a hostess or cook. Cancellation of skipper, hostess and cook is charged regardless of whether the Vessel booking has been cancelled or not.
In all cancellation cases, Sailaway shall consider the receipt date of information on cancellation as a basis for the settlement of accounts of the cancellation costs. From this date, Sailaway shall be entitled to make the Vessel free for bookings by other clients and shall have no further obligations towards the Client related to the cancelled booking.
Exceptionally, should a cancellation of the yacht charter booking be done owing to the Act of God, i.e. objective serious reasons stated and proven by Client (death in the near family, serious sudden health condition, a serious accident, etc.), Sailaway will undertake reasonable effort to provide the Client the usage of already paid amount as a pre-payment for the next booking within one year period.
Should the Client request a smaller change in the booking details (e.g. change of name or similar), an administrative fee of 45 EUR shall be charged to the Client.
Should the Client request a change in the charter period of the booked Vessel, and/or a change of the vessel or base, or any other major change, Sailaway reserves the right to charge for the cancellation of the original booking. Alternatively, Sailaway may choose to grant the requested change to the Client without charging the cancellation of the original booking, however in such case an administrative fee of 300 EUR shall be charged to the Client.
Cancellation by Sailaway of the booked Vessel precisely depends upon the Charter Company and by accepting this Terms, Client acknowledges that this is not a liability of Sailaway and cannot ask for remuneration from Sailaway.
Should the booking be cancelled by the Charter Company, then Sailaway will undertake reasonable effort to provide the Client with:
Before taking over the Vessel, the Client must give a security deposit (hereinafter: Deposit) in amount according to the valid Price List of the Charter Company, about which the Client will be informed at the moment of the reservation and booking.
The Deposit may be given either in cash or with one of the credit cards accepted by the Charter Company.
After the completion of yacht charter the whole Deposit shall be repaid to the Client, unless some Vessel damages or loss of equipment have occurred, or unless the Client or its crew have not acted in accordance with the Terms of the Charter Company.
However, if the damages or breach of the Terms of the Charter Company have occurred, then Deposit will be retained partly or fully, depending on size of the Damage or breach, which mostly depends upon the Terms of the Charter Company.:
In case if the damage has happened due to gross negligence of the Client, or behaviours such as sailing under influence of alcohol or illegal drugs, sailing single-handed or sailing at forbidden times or outside of approved areas, or participating in regattas without written approval of the Charter Company, or similar serious breaches of the Terms of the Charter Company, the Client shall be liable even beyond the amount of the Deposit, including expenses connected to repairs and remunerations for lost charter income in the next weeks, which mostly depends upon the Terms of the Charter Company.
Client fully accepts all risks connected with the Yacht charter, and all possible damages which can arise to the Client and/or crew members due to Yacht use. In particular, Client accepts the sole responsibility for the Yacht use, and waives each and every responsibility of Sailaway including in situations such as possible accidents and injuries of the Client and/or crew members, regardless of the reason of their occurrence, as well as any possible damages on the Client’s and/or crew members’ personal belongings, as well as the situations when the belongings are missing or lost, either during the Yacht charter or after the Yacht check-out.
All vessels have been hull insured and have the appropriate insurance policies against damage towards persons and against damage towards third parties. The insurance does not cover damages of Client’s personal property and property brought to the Vessel, nor any deliberately caused damage, nor any damage caused by Clients’ lack of diligence.
It is strongly recommended that, upon booking, Client and all crew members should contract adequate travel and health insurance packages for their travel arrangement.
The Client is obliged, on the occasion of taking over the Vessel, to give to the representative of the Charter Company a verified voucher with all Client’s data and charter appointment, with an insight into the original document of the skipper’s and VHF license. Also, identification documents (e.g. passports) of all guests on board must be provided for the purpose of re-checking the crew list.
On the occasion of taking over the vessel the Client shall examine the inventory list with the representative of the Charter Company, confirming the condition of the delivered Vessel with his signature. The same procedure shall be done with instruments aboard.
Any possible Client’s subsequent complaints would not be accepted if the Client confirmed that the Vessel was in order and that the Vessel’s equipment was complete and in order as well. Possible concealed faults and absence of the equipment that Sailaway was unaware of during the take-over of the Vessel do not entitle Client to require the charter price deduction.
Should any of the Vessel’s parts be damaged or lost during the previous charters, and if it is impossible to obtain the new Vessel parts prior to the date of the new charter, provided their loss will not seriously 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. Client acknowledges that such situations are not under influence of Sailaway but are consequence of damages made by a previous client.
The Vessel is to be delivered with full fuel and water tank, and it has to be returned to the charter base in the same state with a full fuel and water tank.
Due to the fact that Vessels are expensive property and a certain level of skill is needed to operate them, Sailaway may require from Client (or their skipper) to demonstrate their navigation skills in presence of a representative of the Charter Company. The costs for the stated demonstration (if any) shall be paid by 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, the Charter Company shall hire an official skipper and the required costs for such a service shall be paid by Client according to the current Price List of the Charter Company. If the Client refuses the assigned skipper, s/he will be forbidden for sail out, the contract shall be immediately terminated and the paid amount shall be kept without any rights of reimbursement.
Taking over the vessel depends upon the Terms of the Charter Company. The Client will be informed about the time of the check-in at the moment of the reservation and booking.
Client must return to the base on agreed day, based on the Terms of the Charter Company, unless agreed otherwise in writing with the Charter Company representative. On the occasion of returning the vessel and rechecking the vessel according to the inventory list, the fuel tank shall be examined too. If the fuel tank is not full, the Client must pay for the fuel (calculated according to the maximum motor consumption for specific motor hours) plus 50 EUR service fee. Also, Client shall pay for damages on a Vessel as described in these Terms, and defined by the Terms of the Charter Company, if any damages are found during the Vessel’s examination, as described in the “Safety Deposit” section. Otherwise, if the Vessel is returned in a good state and a full fuel and water tank, the whole Deposit shall be returned to the Client.
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 during the last 48 hours before the charter ends.
If the Client wishes to prolong the period of charter, whatever the reason may be, s/he should immediately inform Sailaway about his/her intentions. Sailaway shall in return inform the Client whether the desired prolongation is possible or not, and, if the prolongation is possible and confirmed, and the Client has paid for it, will organize for all the necessary paperwork for additional days (such as prolongation of the crew list, reporting to the Ministry, etc.).
The basic sailing area of the Vessels is within the territorial waters of the Republic of Croatia, and as stated in registration documents of the Vessel in question.
If the Client wants to sail outside the area of the territorial waters of the Republic of Croatia, the Client shall be liable to inform Sailaway about their intentions before booking confirmation, in order for the Vessel to be insured and registered for that occasion, and simultaneously the Client shall be charged for the stated additional insurance and registration costs, along with any extra costs that may arise for Sailaway or/and the Charter Company, due to this request. Sailaway may also request a higher Deposit in such cases.
Client hereby agrees that, if sailing outside of territorial waters of the Republic of Croatia, the Client should organize Vessel’s maintenance and repairs on his own, and on his own cost, as the Sailaway and/or the Charter Company maintenance and intervention services do not cover those areas.
Should any damage emerge during the yacht charter owing to usual abrasion of Vessel’s materials or ageing of equipment, the Client can be entitled to organize troubleshooting, which exclusively depends upon the Terms of the Charter Company.
If the damage could not be repaired at the spot and immediate return to the charter base was required, the repair should be organized primarily so that the Vessel can be repaired in time for the next clients. Costs for the lost days shall be refunded only if the damage was caused by the Charter Company. Otherwise, Client 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 and similar incidents would happen, the Client is liable to inform Sailaway and the Charter Company about it without delay, and to obtain official minutes and certification on the emerged incident by other parties (e.g. port authority, physician, authorized expert, etc.).
Damages which were not reported and have no recorded minutes shall be considered to have emerged owing to the Client’s negligence, and in such a case they have to be paid by the Client.
Client acknowledges that situations described above are not under influence of Sailaway but are consequence of damages made by the Charter Company and/or a previous client.
Sailaway will undertake reasonable effort to ensure that the Vessel delivered is in good working condition, clean and with completely filled fuel and water tanks.
Sailaway will undertake reasonable effort to ensure that all activities, which depend on the Charter Company, are carried out in accordance with commercial practice.
In case of any special or additional requests of the Client (e.g. earlier check-in, longer explanations during check-in, special needs… etc.) Sailaway shall try to resolve them to the satisfaction of the Client, but Client acknowledges that this is not a liability of Sailaway and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially.
Other than what was already stated in these terms, the Client shall also be liable:
The Client warrants joint responsibility for all crew members i.e. guests on-board. All consequences arising from the Client’s or his crew or guests on board not respecting the above liabilities are the joint and several responsibilities of the Client and crew/guests on-board. In case of breach of the clauses above or other obligations of the Client and its crew/guests based on these Terms, Sailaway is entitled to remunerate from the Deposit in amount between 100 EUR and the full Deposit, depending of the seriousness of the breach, and to claim indemnity for full incurred damage.
All possible complaints regarding the Vessel, included, but not limited to smaller reported damages, cleanliness etc., are obligation of the Charter Company and Client acknowledges that that is not a liability of Sailaway.
But Sailaway will undertake reasonable effort to ensure customary behaviour of the Charter Company, which is mostly directed towards accepting complaints in writing on the date of taking over the Vessel (check-in) only and resolved in the following manner:
All complaints must be signed by the Client and the representative of the Charter Company.
The parties will strive to resolve any dispute in a peaceful manner.
If the parties are not able to reach an agreement among them, the court in Zagreb, Croatia has the jurisdiction over their dispute.
These Terms come to force and are valid starting from 17. 3. 2022.
These Terms remain in force until a next version of the general terms and conditions for Sailaway shall be officially issued and come to force. On the official web pages of Sailaway there will always be a presently applicable version published.
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