Concluded by and between:
< <> <> <> <> <>
, hereinafter called Client,
Jadranska Jedrenja d.o.o., Garicgradska 16, Zagreb, Croatia, VAT No. 1855638
hereinafter called JJE, for
chartering yacht: <>,
in period from: <>to ,<>
Place: Of departure:<> Of return:<>,
This General Conditions of the Charter Contract will be known as Contract,
JJE will be known as the Lessor, the Client as the Charterer, and the yacht
as the Vessel. This Contract is valid under the following conditions:
1)The Charterer will hire a Vessel equipped in accordance with positive stipulations
on navigation in the coastal sea. The equipment list is an integral part of
this Contract and it will be signed by the alleged parties on the occasion
of taking over and returning of the yacht (check list).
2)The Charterer will pay the agreed charter price and extras, amounting to
and in accordance to the terms as stated in the Charter Contract..
3)The Vessel can be exclusively used for personal purposes, such as cruising
and similar and therefore should not be used for any other commercial or similar
4)The Charterer lays under commitment to pay the safety deposit at the time
of embarkation on the Vessel. The Lessor is furthermore authorised for paying
expenses for all possible damages from the amount of the safety deposit, which
may arise at the time of the Vessel use by the Charterer whatever the reason
of damage may be, and here is included the Lessor's loss of profit as well.
5)The Lessor will insure the yacht with the minimal franchise that should
correspond to the safety deposit amount. Independently on insurance the Charterer
is also obliged to pay indemnity for all caused damages up to the height of
the safety deposit, and for those damages that can be imputed to his neglectfulness
should be paid indemnity in an unlimited amount. Damages covered by insurance
which are not immediately reported to the Lessor and/or 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. Damage to the underwater part of the Vessel must
be followed by Vessel inspection executed out of the water, at the expense
of the Charterer.
6)If the Charterer who has paid the charter price in the whole, informs the
Lessor on his withdrawal from use of the Vessel not later than 4 weeks before
the agreed charter should start, Charterer has right for the recurrence of
50% of the paid amount. If the cancellation is due to objective reasons (death
in family, heavy injury etc), paid price won't be paid back but the Lessor
will give the Vessel to the Charterer's disposal in another free period of
time or within the next sailing season. In other cases the Lessor is not obliged
to return the Charterer amount paid in accordance to this Contract.
7)The Lessor is
obliged to make available the agreed, similar or better Vessel, at agreed
time and place, and to deliver it to the Charterer. If the Lessor
is late in performing this obligation, he will lay under commitment to pay
back an appropriate proportional amount of the charter price for every 24
hours being overdue, and additionally, if reason for the Lessor’s being
overdue can be imputed to his own guilt, he should also pay 5% indemnity of
charter price for every day being overdue, but not more than 15% of the total
charter price. If the Lessor has been overdue for more than 48 hours, the
Chartere may cancel this Contract and require the reimbursement of the paid
price in the whole. In such a case Charterer has right for total indemnity
amounting to 120% of the paid charter price.
8)In case of cancellation of this Contract by Lessor, he will be due to pay
back the total amount paid by the Charterer, and if the Contract has been cancelled
three or less days before taking over the Vessel, he will lay under commitment
to pay the Charterer the fine in the amount of 10% of the one week charter
9)However, regardless of possible reasons and height of possible damage, the
responsibility of the Lessor towards the Charterer is limited to the amount
of the weekly charter price, and is excluded in all cases when the contractual
fine or a fixed indemnity has been stipulated by this Contract (paragraph 7
and 8 and).
of some reasons that may be imputed to the irresponsibility of the Lessor,
come to a breakdown or an engine trouble on the Vessel that
would enable or considerably hinder the Vessel’s use, the Charterer
may cancel this Contract. In that case is the Lessor obliged for taking over
Vessel to the nearest safe port, pay back to the Charterer an appropriate
part of the charter price enlarged for 10%, and bear the transportation expenses
of the Charterer and his crew to the port of planned disembarkation.
11)Charterer may use the Vessel exclusively in the coastal sea of the Republic
of Croatia, and he additionally lays under commitment not to undertake any
actions from which may arise any unwished consequence(s) that would not be
covered by the boat insurance contract (e.g. participation on regatta and similar).
Use of Vessel out of Croatian coastal waters, participation on regatta etc
is allowed only upon relative permit in writing was granted by Lessor to the
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
charts at his/her disposal or without having previously throughly studied the
charts of the area and other relevant printed material provided on board; not
to sail the Vessel at night without all navigation lights functioning or without
adequate watch on deck.
Charterer shall not leave port or anchorage if the wind force is or is predisposed
to be over seven (7) on the Beaufort Scale (30 knots) or if the harbour authorities
have prohibited sailing or while the Vessel has unrepaired damage to any of
her vital parts such as engine, sails, rigging, bilge pump, anchoring gear,
navigation lights, compass, safety equipment etc. or if any of the above parts
are not in good working condition; neither shall the Charterer leave port or
anchorage without sufficient reserves of fuel or in general, when weather conditions
or the state of the Vessel or her crew is doubtful.
12)The Charterer undertakes to be in possession of a valid navigation and
VHF licence, or will leave navigation of the Vessel to a crew member who has
the relevant permit or licence.The Charterer guarantees the Lessor his own
nautical knowledge and competence in that area, both his own and the qualification
of his crew, as well as his ability to operate the Vessel safely without regard
of weather conditions or any other circumstances, taking over full responsibility
for rational exploitation of the Vessel and her equipment.
13)If the Lessor comes to conclusion that the Charterer or members of his
crew do not possess appropriate and necessary knowledge and nautical competence,
the Lessor may make a breach of this Contract any time without being obliged
to pay back any amount or, in accordance with the established competence he
may determine the limits of sailing for the duration of this Contract. The
Lessor has been authorised for making such limitations if weather conditions
or some other serious reasons should force him to do so. For the reason of
establishing the nautical competence of the Charterer and his crew the Lessor
may organize a shorter common navigation with the Charterer.
14)The Lessor is not responsible for possible injuries, damages and other
even more difficult consequences which may arise on or around the Vessel for
the Charterer and members of the crew, as well as for possible passengers,
or for the third party for the duration of this Contract. He is also not responsible
for postponements or changes of plans of the Charterer caused by bad weather
conditions or some other similar reasons. In case that extremely bad weather
conditions will hinder the return of the Vessel in a foreseen term, the Lessor
agrees that instead of the indemnity foreseen by paragraph 19 of this Contract,
regular charter enlarged for 50% should be paid by Charterer.
15)All current expenses of the Vessel use (fuel, harbour taxes, indemnity,
cleaning and similar) should be paid by the Charterer. This also refers to
the obligations which may arise from the Vessel use, and which may become due
after the expiration of this Contract.
16)In case of any other unexpected incident, some greater damage or failure,
navigational offence or accident the Charterer is obliged to report about it,
both to authorised government bodies and the Lessor, in the quickest and the
most appropriate way and to follow their instructions which are within the
framework of positive stipulations, and in accordance with operations of a
17)The Charterer is not authorised neither to rent the Vessel to the third
party nor to leave it uncontrolled at some place not being safe, nor to haul
it up. The highest number of passengers aboard should not be higher than the
number as stated in the Crew List, and it is also not allowed to embark any
animals without written permission granted by the Lessor.
is obliged to observe all navigation rules and orders made by authorised
government bodies, pay attention to the Vessel’s, crew’s,
passengers’ safety and maintain the Vessel and her equipment, report
the Lessor on approximate navigation direction (itinerary) and on possible
changes referred to the sailing direction and to return the Vessel to the Lessor
in the same condition in which the Charterer had received her (Vessel has to
be properly clean, the equipment has to be arranged and similar).
19)If the Charterer will not return the Vessel in agreed time and on agreed
place, he will lay under commitment for paying indemnity for every started
day of being overdue in a double amount of the amount foreseen for the charter.
If he do not, prior to end of agreed time of Vessel return reports the Lessor
about expectations of becoming overdue a/m indemnity will be enlarged for further
30%. Lessor has right to settle the indemnity for Charterer being overdue throughout
the safety deposit deposited by the Charterer
20)In case of any dispute or controversy under this Contract,
an attempt shall be made to settle dispute or controversy peacefully and
by understanding. If
dispute or controversy cannot be thus resolved, the matter shall be forwarded
21)Arbitration Court of the Zagreb Chamber of Commerce, and
shall be subject to Croatian material law.
22.) This contract
shall be signed at all pages and send back by fax to agency. Together with
payments and after confirmation form the
chartercompany, it is legally valid until boarding. The chartercompany can
ask a signature on an "original" issue of this contract at boarding
of croatian law, that asks for original signatures for a contract about charter
of a sailing pleasure boat vessel.