CONDITIONS GENERALES DE LA CHARTE (ALF)

In the Contract of Charter,  Yacht  Charter d.o.o. will be known as the Owner or Lessor, the client as the Charterer, and the yacht as the Vessel. The contract is valid under the followning conditions:

1. VALIDITY: The Contract becomes valid only on receipt of the total charter payment by the Owner/ Lessor.

In the event that the Charterer is not going to use the services of the captain, the Charterer is to stand bail amounting to EUR

1 400,- (one thousand four hundred) before embarkation.

2. RENT CHARGES: include the use of the Vessel. Fuel is not included in rental charges. The Vessel shall be handed over to the Charterer with full fuel tank, clean and with engine in good running order from 5 p.m. local time.

The Charterer undertakes to return the Yacht to the Owner with full fuel tank by the charter ceasing date at 8 a.m. local time.

3. RIGHTS AND DUTIES OF THE OWNER: The Owner retains its right to change a type of the Yacht, providing that its quality is adequate, or to withdraw from the agreement in the event of force majeure. The Owner shall return the difference in a rent to the Charterer in the event that the price of substitution Yacht is lower.

In the event that any damage was caused to the Yacht or this Yacht was made unavailable for whatever reason caused by the third party and thus cannot be made available to the Charterer at the charter commencement date, and the Owner will be unable to provide the Charterer with any adequate substitution, the Owner is to return the full rent paid by 7 (seven) calendar days from the withdrawal date.

4. RUNNING EXPENSES: After take-over-expenditure for potr dues, water, fuel, oil and any other stores required, as well as the repair of any damage or breakdown that may occur while the Vessel is in the Charterer´s care, and which are not the result of normal wear and tear, shall be made by the Charterer at his/her expense, provided that he/she has previously obtained the consent of the Owner/Lessor to the technical suitability of the repair to be made. In the case of repairs to damage or failure clearly resulting from normal wear and tear, the Charterer shall previously obtain the Owner/ Lessor´s consent with regard to the cost and technical suitability of these repairs and the Charterer shall collect the relevant receipts against which he shall be refunded by the Owner/ Lessor at the end of the Charter period. No other compensation claims will be recognized.

5. RESPONSIBILITIES OF CHARTERER: for acts or negligence by the Charterer for which the Owner/ Lessor is responsible to a third party, the Charterer will pay all expenses to the Owner/Lessor for the material and/or legal costs resulting from such acts or negligence. The Charterer is particularly responsible for the Vessel in the case of its being impounded by any official body because of its use in improper of illegal action during the period of the Charter.

6. RETURN OF THE YACHT , ITS ACCEPTANCE BY THE OWNER: The Charterer is to return to the home port by Friday at 18 p.m. at the latest and report immediately any failures or damages on or to the Yacht to the base manager. The Charterer undertakes that it returns the Yacht in time, i.e. by the date and time agreed on. Upon expiration of the charter agreement the Charterer returns the Yacht in the same good conditions as she was at the takeover, with her fuel tank full and with all her gear. The Charterer is to indicate any possible incompletions in the acceptance protocol (minor damages, items lost or broken, etc.). Each of the parties will sign the acceptance protocol again. Owner´s representative is Boris Dodović 00385 91 73 20 324. The charter agreement expires by Saturday at 8 a.m. when the Yacht is to be fully vacated and ready to be given back to the Owner. In the event that the Yacht is not returned at the given time, the Charterer is to pay to the Owner demurrage amounting to the daily rate increased by 50 % (fifty percent) for each, even not completed, day of delay.

7. INSURANCE: The insurance is determined by the conditions stipulated by the insurance company with which the Owner/Lessor has insured the Vessel. Damages covered by insurance which are immediately reported to the 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. Sails are not insured and the Charterer is thus responsible for any damage except that arising from normal usage or as a result of breakage of the mast. Further, personal possessions and the Vessel´s crew are not insured. We recommend that the Charterer insure all personal possessions and Crew of the Vessel.

8. SAILING AREA: The Charterer is authorized to sail within the territorial waters of Croatia only.

9. RESTRICTIONS ON NAVIGATION AND USE OF CANVAS: As weather conditions dictate, the Charterer is obliged to promptly reduce canvas and not allow the Vessel to sail under an amount of canvas greater than one ensuring comfortable sailing without excessive strain or stress on rigging and sails, not to sail the Vessel in any area insufficiently covered by the carts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed material provided on board.

10. RESTRICTIONS ON LEAVING PORT: Charterer shall not leave port or anchorage if the wind force is or is predisposed to be over six (6) on the Beaufort Scale or if the harbour authorities have prohibited sailing.

11. NAVIGATION LICENCE: the Charterer undertakes to be in possession of a valid navigation licence and permit for VHF, or will leave navigation of the Vessel to a drew member who has the relevant permit or licence.

12. SAILING TEST: The Owner/Lessor ( or his/her representatives) may require the Charterer and his/her crew to demonstrate their competence in handling and navigating the Vessel at sea with the Owner/Lessor (or his/her representative) aboard. Should the Charterer and/or his/her crew fail to satisfy the Owner/Lessor in this respect, the Owner/Lessor may terminate this agreement as stated above, or place aboard the Vessel a seaman if one acceptable to both the Owner/Lessor and the Charterer is available, at the expense of the Charterer for as many days as the Owner/Lessor shall consider  necessary for the safety of the Vessel and her passengers. Any time required for this test of the Charterer´s competence and seamanship will be part of the agreed Charter period.

13.  FINAL PROVISIONS:

This charter agreement represents the entire understanding between the Parties with respect to the subject matter hereof.

This agreement may be amended by written agreement signed by each of the Parties.

This charter agreement was executed in two counterparts, each of such counterparts shall, for all purposes, be deemed to be an original. Each of the Parties will retain one copy.

This charter agreement comes into force on the date on which each of the Parties has undersigned it.

Upon reading this charter agreement, each of the Parties hereby declares that they fully understood it and that conclusion of this agreement in this wording is to be deemed as an expression of their right, free and serious will.

14. GENERAL REGULATIONS: the Charterer undertakes and recognizes his obligation to sail within the bounds of Croatia territorial waters (a written permit must be issued for any exception); that he/she will neither sublet nor lend the Vessel to any other person; that he/she will not take part in any regatta or boatrace; that he/she will not use the Vessel for any commercial purposes, professional fishing, sailing school etc. and that he/she will sail only under safe weather conditions and good visibility. The Charterer also undertakes to respect customs and other rules and regulations; that he/she will not charge for transferring merchandise or persons, that he/she will not navigate in restricted areas; that he/she will keep the log book up to date and in good order, and will leave it aboard the Vessel; that he/she will carefully handle the Vessel, its inventory and equipment and shall not be involved in the towing of any other vessel or boat. In case of accident and/or other unforseable event, the Charterer will duly record the course of such events and request a written certificate from a harbour master, physician or authorized official. The Charterer will also immediately notify the Owner/Lessor of such an event. In case of the dissappearance of the Vessel, impossibility of navigation, its confiscation or the prohibition of further sailing by government or other persons, the Charterer undertakes immediately to notify an authorized official and the Owner/Lessor. In the case of failure on the part of the Charterer to adhere to all of the above mentioned conditions, he/she will personally answer to the Owner/Lessor and will undertake full responsibility for all consequences. Damage to the underwater part of the Vessel must be followed by Vessel inspection at the expense of the Charterer.

15. COMPLAINTS: Only complaits submitted in writing at the time of returning the Vessel, and signed personally by the Owner/Lessor´s representative and the Charterer, shall be taken into consideration.

 16. ADDITIONAL AGREEMENTS: must be in writing. In case of misunderstanding or dispute, an attempt shall be made to settle difficulties peacefully and by understanding. If misunderstanding or disputes cannot be thus resolved, the matter shall be forwarded to the Court of  Šibenik.