Calm Sea

GENERAL TERMS OF BOAT RENTAL

DRAFT TRANSLATION

GENERAL TERMS OF BOAT RENTAL

1. General directives

These General Terms and Conditions of boat rental regulate the mutual rights and obligations of the trading company Calm sea d.o.o., Don Vjekoslava Bilote 25. 21218 Seget Donji, Vat number: 37807666275 as a service provider (hereinafter: Lessor) and lessee (hereinafter: Service User). These general conditions are available on the website of the service provider (www.calm-sea.hr).

2. Reservation of the boat

2.1. The boat can be reserved by e-mail or by phone.

2.2. The Service User, when making a reservation, is obliged to attach a copy of the boat management license on which it will be clearly visible who the license is for, the period of validity, and the category of the boat for which the license was issued.

2.3. In the event that the Service User does not have a valid license to manage the boat, they are obliged to use the services of the Skipper.

3. Rental price

3.1. Boat rental prices are published on the official website of the Lessor (www.calm-sea.hr).

3.2. Rental prices are listed for each boat separately and refer to daily and weekly rentals.

3.3. The boat rental price includes:

  • boat rental with full fuel and water tanks;
  • use of the boat and all devices on the boat;
  • compulsory and hull insurance of the boat above the value of the contracted deposit;
  • guest and passenger accident insurance;

3.4. The boat rental price does not include:

  • marina costs, mooring fees, residence fees, as well as other fees and charges paid to state administration bodies or units of regional (regional) and local self-government, or to persons to whom the aforementioned bodies have transferred their powers (concessionaires);
  • costs of fuel and water in tanks;
  • health insurance for guests and passengers on board;
  • everything else that is not specifically determined to be included in the boat rental price;

4. Terms of payment

4.1. The reservation of the boat is considered binding after the Service User, within 7 days from the date of confirmation, makes an advance payment of 50% of the total rental amount.

4.2. The Service User is obliged to pay the remaining amount no later than one month before the start of the rental.

4.3. In the event that the Service User does not pay the remaining amount no later than one month before the start of the rental, the Rental Agreement is terminated, and the Service User has no right to return the advance payment.

4.4. For reservations made in a period shorter than 30 days before the start of the boat rental, payment for the rental must be made in full amount.

5. Terms of rental cancellation

5.1. If the Service User, for any reason, abandons the boat rental service, they can, with prior agreement with the Lessor, look for another person who will take over their rights and obligations. If it doesn’t work, cancellation costs will be charged from the advance payment as follows:

  • for cancellation two months before the start of the boat rental service:- 30%
  • for cancellation up to one month before the start of the boat rental service: – 50%
  • for cancellation within one month before the start of the boat rental service: – 100%

5.2. If the Service User for objective reasons (death in the family, serious injury, war, etc.) abandons the boat rental service, the amount paid will not be returned to him, but the Lessor will make the boat available to them in a free period or in the next season.

6. Deposit

6.1. When taking over the boat, the Service User is obliged to deposit a mandatory cash deposit with the Lessor. The amount of the deposit corresponds to the deductible franchise amount of the insurance policy.

6.2. If the boat is returned properly and without damage, the Lessor will return the full amount of the deposit to the Service User.

6.3. In case of gross negligence, loss or damage of one or more parts, the Service User shall bear all costs.

6.4. If the damage is greater than the amount of the deposit, the Service User is obliged to compensate the full amount of the damage compensation.

7. Taking over the boat

7.1. The Lessor provides the boat at the agreed time and place.

7.2. If the Service User, without prior notice, for any reason, does not take over the boatl within 24 hours of the agreed take-over time, the Lessor is authorized to immediately unilaterally terminate the Boat Rental Agreement, and the Service User has no legal right to a refund of the amount paid, nor the right to any other compensation.

7.3. If the Lessor cannot make the boat available at the agreed location 24 hours after the deadline or make available a boat with similar or better characteristics, the Service User has the right to withdraw from the contract with a refund of the total price of the boat rental. The responsibility of the Lessor for an amount greater than the contracted price of providing the boat rental, as well as any other right to compensation, is excluded.

8. Return of the boat

8.1. The Service User is obliged to:

  • return the boat to the port where the vessel was picked up no later than 9:00 a.m. on the last day of the lease;
  • monitor weather conditions; weather problems are not a justified reason for non-compliance with the agreed return time of the boat;
  • return the boat in the condition in which they received it;
  • before returning the boat, fill full fuel tanks and full water tanks;
  • report to the Lessor all damage to the boat, part of the boat, equipment or inventory, as well as the loss of parts of the boat, equipment or inventory;

8.2. The Service User bears responsibility for damage caused by damage to the boat, part of the boat, equipment or inventory, as well as for the loss of parts of the boat, equipment or inventory, which was caused by intentional, careless or improper handling by the Service User or one of the passengers on board.

8.3. The resulting damage will be compensated from the deposit, and if the amount of the damage is greater than the amount of the deposit, and is not covered by insurance, the Lessor will demand compensation from the Service User up to the full amount.

9. Obligations of the Service User

9.1. The Service User undertakes to:

  • that the boat, inventory and equipment will be managed conscientiously and carefully;
  • that they will not operate the boat under the influence of alcohol or drugs;
  • that they will sail within the territorial waters of the Republic of Croatia;
  • that they will not sail in zones prohibited for sailing;
  • that they will not sail in areas that are insufficiently explored and insufficiently covered by nautical charts;
  • that they will not sail at night;
  • that they will sail only in safe weather conditions and with good visibility;
  • that they will not leave the harbor or the anchorage if the wind speed is greater than 20 knots;
  • that they will not leave the port if the port authorities have prohibited navigation or issued a ban on departure;
  • that the boat will not be subleased or assigned for use by a third party;
  • that only and exclusively those persons listed on the crew list will stay on the boat;
  • that the guest, like other passengers on board, will behave in accordance with the applicable laws and regulations of the Republic of Croatia;
  • that they agree that the Lessor can immediately terminate the boat rental contract if the guest or one of the passengers has violated a provision of a law or other regulation of the Republic of Croatia;
  • that in the event of the disappearance of the boat or equipment, the impossibility of managing the boat, and in the event of seizure of the boat, its confiscation or in the event that the boat or the guest are subject to prohibition measures in connection with navigation, they will immediately notify the Lessor, as well as the competent authorities, and undertake all necessary actions according to the instructions of the competent authorities and/or the Lessor;
  • that in the event of a failure of the boat or boat’s equipment that is a consequence of natural wear and tear of the boat or equipment, they will immediately notify the Lessor and that they will follow their instructions;
  • that any damage resulting from fault or negligence and not covered by insurance will be fully compensated by the Lessor;

10. Boat insurance

10.1. Each boat is insured with mandatory insurance against damage caused to third parties, voluntary insurance against damage caused to property owned by third parties, comprehensive insurance according to the declared value of the boat, and insurance of the Service User and passengers on the boat against an accident. Casco insurance covers damages over the amount of the deposit, except for damages caused intentionally or through gross negligence. The insurance is determined in accordance with the conditions established by the insurer with whom the Lessor has insured the boat.

10.2. Any damage to the boat, part of the boat or equipment, as well as losses of part of the boat or equipment, must be immediately reported to the Lessor by the Service User. In the event of major accidents and maritime accidents, the Service User is obliged to report the event to the competent port authority and carry out the entire procedure in accordance with the instructions of the competent authority and the Lessor, as well as collect all the necessary documentation in order to exercise rights from the insurer.

10.3. For damages covered by the insurance policy, which were not immediately reported to the Lessor, the competent authorities, and the insurer, as well as damages for which all the necessary documentation was not obtained, which is why they were not recognized by the insurer, the Service User bears full and exclusive responsibility.

10.4. Engine damage caused by a lack of oil in the engine is not covered by insurance and all costs and damages resulting from a lack of oil in the engine are borne by the Service User.

11. Using the service of a professional Skipper

11.1. If the Service User wants to use the Skipper service, they are obliged to request it when booking the boat.

11.2. The use of the professional Skipper service is charged at a later date and is not included in the boat rental price.

12. Complaints

12.1. Every Service User has the right to file a complaint, which must be submitted in writing immediately upon return of the boat and must contain all relevant documentation and photos. The complaint must be signed by the Service User and the Lessor.

12.2. Complaints received subsequently, as well as those submitted without attached documentation, will not be taken into account by the Lessor.

12.3. The Lessor is obliged to respond to the complaint within 15 working days.

13. Arbitration

13.1. The Lessor’s court in Trogir in the Republic of Croatia is competent for all possible disputed cases that will not be resolved peacefully.

14. Declaration on the protection and processing of the User’s personal data

14.1. The Lessor respects the privacy of its Service Users and uses personal data exclusively for the purposes prescribed in this Declaration.

14.2. The Declaration on the protection and pocesing of personal data does not cover third-party websites that share links with this website (www.calm-sea.hr) and the Lessor assumes no responsibility for them.

14.3. The Service User provides personal data voluntarily, they are required in the boat reservation process, for communication with the Service User and in the case of special consent for informational and promotional activities of the Lessor.

14.4. The Service User gives permission for their personal data to be submitted to competent authorities in connection with committed violations.

14.5. By signing the Agreement, the Service User confirms that they are familiar with the Lessor’s personal data protection measures and their rights as a respondent.

15. Final directives

15.1. The general vehicle rental conditions are an integral part of the  GENERAL TERMS OF BOAT RENTAL.