GENERAL TERMS AND CONDITIONS 2021 – STEFANY AND ANIKA
1. PRICE OF ACCOMMODATION SERVICES
The defined price for accommodation services refers to the use of accommodation on the vessel. The price does not include port dues and other dues, or fuel expenses.
2. TERMS AND CONDITIONS OF PAYMENT
Vessels that provide accommodation services can only be used after payment has been processed. 50% of the price for accommodation services is paid at booking, while the remaining amount must be paid no later than 40 days prior to the start date of accommodation services; or otherwise if so defined by the contract or invoice. All additional services, as well as the deposit that is paid according to the price list, must be paid while embarking on the vessel at the base.
3. TERMS AND CONDITIONS OF CANCELLATION
If a service user for any reason withdraws from using the service of accommodation on the vessel they may, upon previous agreement with the service provider, find another person that will assume their rights and obligations. If they fail to succeed in this, a cancellation fee shall be charged as follows:
- for cancellation until 40 days before the start date of accommodation services – 50% of the agreed price
- for cancellation within 40 days before the start date of accommodation services – 100% of the agreed price
- no show of or no cancellation within 24 hours before the start of accommodation – 100% of the agreed price plus the cancellation cost
If the service user withdraws from the use of accommodation services due to the listed reasons (death in the family, severe injury, war), they shall not receive a refund of the money that they have already paid. Instead, the service provider shall provide them with another booking of the same value during a period when the vessel is available in the current season, or in the following season. In case of any differences in price, the parties to the agreement shall agree on payment in writing that means the credit note will be calculated which can be used in the agreed period.
The credit note is calculated by taking into account the difference between the cancelled reservation and the afterword confirmed reservation on the same vessel and at the same date. Belle Yachting calculates the cost of calculating the credit note in the amount of 100,00 EUR.
Belle Yachting is not responsible for any damages in the case of changes or cancellations resulting from force majeure or force of nature (war, riots, strikes, terrorist act, emergency sanitary conditions, natural disasters, interventions by the competent authorities, ).
4. HANDOVER OF THE VESSEL AT EMBARKATION
The service user is obliged to fill in the online crew list that will be sent together with the Boarding Pass prior to arrival at the base. The service user must hold a valid Boarding Pass, have filled in the crew list in advance and have paid the booking fee in order to be permitted to embark on the vessel.
The service provider is obliged to hand the vessel over in a serviceable condition and equipped in accordance with Croatian law and the check list of the vessel. The vessel must be handed over with a full tank of fuel, at the agreed place and at the time listed on the price list, or as otherwise agreed with the service user.
If the service user fails to take over the vessel or notify the service provider of any delays 24 hours prior to the agreed charter, the service provider is authorised to terminate the booking contract.
If the service provider is, due to any reason, unable to place the booked vessel at the disposal of the service user at the time and place that has been agreed, the service provider may prepare another appropriate vessel within 48 hours. In case the service provider fails to obtain the aforementioned replacement vessel within 48 hours, the service user may withdraw from the service of using the vessel and is entitled to a refund of the money they have paid for charter services. However, the service user is not entitled to compensation of any damages (e.g. a refund of travel expenses for arriving at the base, compensation for lost time etc.).
During the handover of the vessel, the service user is obliged to carefully examine the condition of the vessel and the equipment on the check list. Any defects that have been spotted during this examination must be written on the check list and confirmed by both the service provider and service user. By signing the check list, the service user confirms that they have taken the vessel over with all of the listed equipment and in a serviceable condition, and that they accept the vessel in “as is” condition and assume full responsibility for the same. Any latent defects of the vessel or its equipment that the service user could not have discovered during handover, as well as any defects incurred after the moment of handover, do not entitle the service user to reduce the price of accommodation services.
If the service provider / vessel operator determines that the service user does not possess the skill that is necessary to operate the vessel, the service provider reserves the right to prohibit the vessel from leaving the base. In this case, the service provider shall strive to teach the service user the necessary skills or provide him a skipper until the end of the charter (for a fee).
5. HANDOVER OF THE VESSEL AT DISEMBARKATION
The time of handover of the vessel upon its return to base is defined by confirming the reservation. In agreement with the service provider, the service user may define another disembarkation time. The service user shall return the vessel in good condition (empty the ship from the garbage) and with a full fuel tank. For the deliberate leaving of clutter and garbage on board, the service provider is entitled to charge the customer of the service for additional cleaning in the amount of a transit log (it can be charged from the deposit, by cash or manual entry from a credit card on a POS terminal). If the service user handles the vessel after the charter is completed and stays overnight on the vessel, and then it is determined that something is broken on the vessel or it is found that something has disappeared from the vessel (equipment, etc.), plugged black tank, etc. he has the right to charge the user for the damage (from the deposit, by cash or manual entry from the credit card on the POS terminal). The service user is obliged to notify the service provider of any defects on the vessel. The service provider shall examine and take over the vessel, and notify the service user of any defects or damage that has not been reported on the check list. The service user is not liable for any defects or damage to the vessel that has been caused by regular wear and tear of the equipment, or as the direct consequence of the defects listed on the check list, or as the consequence of cases of force majeure (e.g. lightning strike). The service user is obliged to fully settle all other damages in accordance with Article 7 of these Terms and Conditions.
If it is, due to any reason, not possible to return the vessel at the agreed time, the base manager must be notified of this. In case of delays in return of the vessel due to bad weather, the service user shall bear all expenses that are incurred to the service provider due to this delay.
Due to the aforementioned, all service users are advised to plan a safe route. Service users must return to the marina in the evening hours of the day preceding disembarkation, unless it is otherwise indicated in the charter agreement (short or extended charter terms).
The vessel has been insured with third-party insurance (compulsory insurance) and comprehensive insurance up to the registered value of the vessel (according to the insurance policy) with deductible. In case of a large scale vessel accident, as well as in case of involvement of other vessels, it is necessary to report the case to the closest harbourmaster’s office and run a protocol (the course of events, determination of damages, determination of the responsible person that has caused the damage) for the insurance company, as well as to inform the service provider about the accident. If the service user fails to carry out all the aforementioned obligations, they may be charged for all damages incurred.
The sails are not insured, therefore the service user shall fully bear all of the expenses of any damage to the sails. Engine damage resulting from the lack of oil in the engine is also not covered by insurance, and therefore the service user is obliged to check the engine oil on a daily basis. The crew’s personal items are not covered by insurance, which is why the service user is advised to arrange insurance for personal items separately. The crew is insured.
A deposit according to the valid price list must be paid during the handover of the vessel. The purpose of this deposit is covering damages incurred by each harmful event that has occurred during the use of the vessel. The amount of the deposit is stated on the check list, and the signing of the check list upon takeover of the vessel is considered as confirmation of payment. By signing the check list, the service user accepts the obligation of payment for any damages and defects incurred while the vessel is in use. The service provider shall charge any defects or damages by deducting the actual cost of the damage from the deposit amount. If it is not possible to determine the amount of the damage, the service provider is entitled to retain the full amount of the deposit until the cost of the damage is determined. If another vessel has participated in the harmful event, the service provider is entitled to retain the full amount of the deposit until responsibility is determined. The deposit shall be returned in full if the vessel is returned undamaged and at the agreed time. A deposit also must be given if the service user decides to hire the services of a skipper. In cases of gross negligence and/or loss or one or more of the vessel’s parts or equipment, the service user shall bear all of the costs.
If damage of the vessel is determined, the service user agrees for such damages to be charged by the service provider by deducting the amount of the damage from the received deposit, or manually by charging the incurred damage with a POS machine. For this purpose, the service user agrees for his personal documents and credit card to be copied if the deposit has been paid via POS machine authorisation.
The service provider advises service users to insure their deposits with their agents, or to insure their deposits with the service provider at the base, in accordance with the price list that is valid on the day of the conclusion of the policy.
Deposit can be paid by cash, credit card or deposit insurance. Deposit insurance does not cover: fuel, outboard engine and dinghy.
8. OBLIGATIONS OF THE SERVICE USER
The service user obliges to sail only in Croatian territorial waters. Exceptions from this rule can only be made with a special certificate, i.e. permit. Sub-chartering the vessel or handing it over to a third party is not permitted. Boarding more persons than stated on the crew list, sailing by night in uncertain weather and violating legal regulations and provisions is also prohibited. The service user shall bear full responsibility for the consequences of the aforementioned actions. The service user, i.e. vessel operator, must hold the necessary licence for sailing on high seas, which also includes a VHF licence. In case of any malfunctions of the vessel or its equipment, the service user is obliged to immediately notify the service provider of this by calling one of the phone numbers listed in the vessel’s documents.
The service provider undertakes to fix the malfunction immediately upon receiving the aforementioned notification. If the service provider manages to fix the malfunction within 48 hours, the service user is not entitled to compensation of any damages. If the vessel is no longer seaworthy due to no fault of the service user, and the service provider is not able to fix the malfunction or provide a replacement vessel within 48 hours, the service user may withdraw from the use of the vessel, in which they are entitled to a refund corresponding to the length of use of the vessel before disembarkation.
If the vessel is seaworthy and the technical malfunction that has occurred does not require emergency intervention, the service provider shall organise repairs as soon as possible, or at the nearest repair centre.
If the service user damages the vessel or causes an accident due to which the vessel is no longer technically functional and seaworthy, and the service provider determines that the vessel is no longer seaworthy, then the service user must disembark from the vessel at the request of the service provider and is not entitled to any compensation of damages or a replacement vessel. The service user undertakes to notify the authorised bodies and the service provider if the vessel itself or any of its equipment goes missing, if it is not possible to operate the vessel, or if the vessel is removed, seized or forbidden to sail by a government body or third party. If the service user fails to adhere to the aforementioned obligations, they shall be fully liable to the service provider for any consequences.
If an accident or harmful event occurs during the period of use of accommodation services, the service user is obliged to notify the service provider of this. If the service user is able to repair the incurred damage on the spot, regardless of responsibility for this damage, they are obliged to first consult with the service provider on this.
If the service provider determines that the user of the service is unable to operate the vessel due to ignorance, alcohol, narcotics, etc., the service provider may prohibit the departure or, as a last resort, order the disembarkation of the vessel and charge any damage caused.
The service user is entitled to file a complaint in writing. In case the complaint involves pecuniary claims against the service provider, only complaints that have been submitted immediately upon return or disembarkation from the vessel shall be taken into consideration.
If any disputes that cannot be resolved amicably arise, the court of the local provider shall have jurisdiction.
The service user, by his signature on the check list, confirms that he has read the Terms and Conditions of chartering the vessel, and in full agrees with the same.
GENERAL TERMS AND CONDITIONS 2021 – DARIA
(ARTICLE 1 – PARTICULAR CONDITIONS)
ARTICLE 2 – PURPOSE OF AGREEMENT
The Company charters to the Charterer, who accepts it, the Yacht described hereafter. The Yacht shall be made available to Charterer without skipper and without crew, in proper running and seaworthy condition and in compliance with the prescriptions set out by laws and regulations applicable in France.
ARTICLE 3 – PAYMENT
Except in the event of late booking of the Yacht by the Charterer, the Charterer shall pay the price of charter as per following instalment schedule:
– 30% of the price upon booking the Yacht,
– 70% of the price 30 days before the beginning of the charter period.
In the event of late payment by the Charterer, the Company may terminate this agreement and is entitled to retain all sums already paid by the Charterer.
ARTICLE 4 – MODIFICATIONS – TERMINATIONS
The Charterer’s request for changing the period of charter shall be considered by the Company to the extent that it may do so without suffering any form of financial consequence.
Should the Charterer waiver his use of the Yacht for whatever reason, except due to a default by the Company, the Company is entitled to retain all sums already paid by Charterer, unless the Charterer notifies his decision to the Company at least 95 days before the commencement of the charter period, in which case the Company shall reimburse the Charterer of all sums paid by him but shall retain a sum of 300 Euros as compensation of administration costs borne by the Company.
Should notification be given to the Company less than 95 days before commencement of the charter period, the Company may reimburse the Charterer all or part of the sums paid by him to the extent that it has re-chartered the Yacht to another charterer and has therefore received the same net income. The Company shall also in this case retain a sum of 300 Euros as compensation of administration costs borne by it.
Should the Company not be in a position to make the Yacht available to the Charterer upon the agreed date for whatever cause that is not in the control of the Company, and should the Company not be able to propose the Charterer an equivalent replacement yacht, then if the unavailability period is of greater than 50% of the agreed charter period, the Charterer may terminate this agreement and the Company shall reimburse the Charterer of all sums received from the Charterer. Should the unavailability period be less than 50% of the agreed charter period, then the price of Charter shall be reduced proportionately and the Company shall reimburse the Charterer accordingly.
In no case shall the Charterer be entitled to recover or claim from the Company the sums, expenses, damages or losses suffered by him in direct or indirect connection with the unavailability of the Yacht.
ARTICLE 5 – DEPOSIT
The purpose of the deposit to be paid by the Charterer before using the Yacht is to guarantee the payment to Company of all sums that could become due to it by Charterer in connection with this agreement. The amount of the Deposit received from Charterer does in no way constitute a limit to the said sums.
Deposit shall be remitted by the Charterer to the Company before he is given access to the Yacht. The Company shall return the Deposit to the Charterer within one month after the Charterer has returned the Yacht subject to Company being satisfied that no sum is or may become due by the Charterer under this agreement.
Should this not be the case and should the Charterer not immediately pay the sums claimed from him by the Company, the Company is entitled to cash in the Deposit and retain the said sums before returning the balance to the Charterer.
The Charterer’s liability is limited to the amount of the security deposit, unless the cause of damage is gross negligence or intention.
ARTICLE 6 – INSURANCE
The Company shall insure the Yacht during the charter period as follows:
– Yacht, equipment and the Charterer’s personal effects: accidental damages and theft.
– Assistance at sea, withdrawal of wreck.
In the case of damage(s) covered by the insurer, the Charterer shall bear the amount corresponding to the excess mentioned in the Particular
Conditions of the Contract:
– limited to the amount corresponding to repairs as well as any other costs that are not borne by the insurer and which result from the damage such as transport costs, insurance statements, wear and tear ; if this amount is less than the total amount of the deposit.
– limited to the amount of the deposit if the amount is greater than the deposit.
It is hereby acknowledged and the Charterer accepts that damages resulting from his or his crew’ wilful acts or gross negligence or non-compliance with applicable regulations, as well as damages of purely aesthetic nature are not covered by insurance, and that all direct and indirect costs and consequences in connection therewith shall be borne by Charterer.
ARTICLE 7 – PORT DUES – CONSUMABLES
Port dues as well as water and electricity consumption for the first night of charter period and for the night after the Charterer has returned the Yacht to the Company are to be borne by the Company. All other port fees and consumables are to be borne by the Charterer and the Charterer shall pay them directly to relevant port Authorities.
Fuel, oils, batteries, gas for the galley, cleaning materials and medicines, are to be borne by the Charterer and the Charterer shall, before returning the Yacht to the Company, renew or replace whatever quantities have been consumed during the charter period.
ARTICLE 8 – ACCESS TO THE BOAT
The Company shall make the Yacht available to the Charterer only after the Company has received the price of charter in full and after the Charterer has remitted the required deposit to Company and signed this agreement and all parts thereof.
Notwithstanding any authorization he may have received from the Company to occupy the Yacht, the Charterer is not allowed to move her from her place of port or to start the engine before he has signed the Take-Over Form.
ARTICLE 9 – INVENTORY – INSPECTION – DEMONSTRATION
The Company and the Charterer together shall, prior to the Yacht being made available to the Charterer, check and sign the Yacht’ inventory list and the Company shall demonstrate the Yacht and give the Charterer the information necessary for using it and the equipment onboard.
The inventory list and the Take-Over Form shall then be signed jointly by the Company and the Charterer and shall become part of this agreement.
The signature of the said documents shall be deemed to imply acceptance of the Yacht by the Charterer and he shall not be entitled to claim compensation for any loss of time or expenses subsequent to a breakdown or to a failure of the Yacht thereafter.
ARTICLE 10 – USE OF THE YACHT BY CHARTERER
The Charterer shall comply with and shall be responsible for his crew in order to comply with the following prescriptions:
Not to commit any act contrary to laws and regulations applicable where the Yacht is being used,
To keep the Yacht’s log book up to date and note each day the port of call, weather conditions met, hourly positions, sail plans, times and duration of engine use, report on any accident or incident, whether it caused visible damage or not,
To properly maintain and always take good care of the Yacht and to check the engine, oil and fuel levels, rigging, sails and other vital equipment daily,
To never expose the Yacht and/or crew to a dangerous situation and take all necessary steps in order to avoid such situation,
To promptly lower the canvas when necessary and to avoid excessive strains and stresses on the rigging and sails,
Not to take the Yacht to areas insufficiently covered by the charts available onboard,
To take every possible preventive measure to avoid bringing the Yacht into a situation where it should be towed by another vessel,
Not to leave a port or a protected mooring area if the wind force is or is predicted to be over 6 on the Beaufort scale, or when weather conditions or the conditions of the Yacht or the condition of the crew or a combination thereof is doubtful, or if the port authorities have imposed a restriction for sailing,
Not to leave a port or protected mooring area while the Yacht or any of her vital parts such as engine, sails, rig, pumps, anchoring gear, safety equipment, navigation lights, compass or any other navigational equipment, are missing or damaged,
Not to use the Yacht when under the influence of alcohol or drugs or medicines,
Not to use the Yacht for racing or for whatsoever form of competition or for commercial purposes, nor to lend or sub-charter her.
The Charterer shall be solely responsible for all consequences, financial and/or legal, resulting from himself or his crew failing to comply with the above requirements and hereby discharges the Company of all responsibility in connection therewith.
The Charterer agrees to respect a navigation perimeter located between 38˚ and 45˚ north latitude and between 0˚ and 17˚ east longitude.
Unless otherwise authorized in writing by the Company, the Charterer agrees to be accompanied by a professional skipper placed under the Charterer responsibility with a view to sailing in Corsica, the Balearics & Italy.
ARTICLE 11 – CHARTERER’S QUALIFICATIONS
The Charterer hereby certifies that he or the skipper designated by him, as the case may be, has the competence and experience enabling him to safely operate the Yacht, sail her and manage its crew. The Charterer shall provide the Company with a description of his nautical experience and the said description shall be attached to and shall become part of this agreement.
The Company may require the Charterer to demonstrate his competence and, should the Company not be satisfied that the Charterer has sufficient competence, it may require for the Charterer to hire a qualified skipper at the Charterer’s cost and under his sole responsibility or terminate this agreement and retain all sums paid by the Charterer.
ARTICLE 12 – DAMAGE – LOSSES
In case of minor damage or losses occurring during the charter period, the Charterer may, if he finds it necessary, repair or replace the damaged or lost equipment without the Company’ prior consent, if the cost of such repair/replacement is less than 200 Euros.
Should such a cost be greater than 200 Euros, the Charterer shall seek the Company’s consent before incurring the expenditure. Should he fail to contact the Company, the Charterer shall take all necessary steps which enable him to return the Yacht back safely to the agreed port and on the agreed date and time.
The Charterer shall inform the Company as soon as he is able of any unrepaired/not replaced damage/losses in order to enable the Company to arrange for repair/replacement immediately upon return of the Yacht, in view of making the Yacht available without delay to the next charterer.
In the event of major damage or loss to the Yacht, and/or to a third party further to a collision, the Charterer shall immediately inform and seek instructions from the Company.
If damages are or seem to be covered by insurance, the Charterer shall take all steps in order to preserve the rights of the insured party in order to be reimbursed by the insurer. Should he fail to contact the Company, the Charterer shall contact the insurer’s representative directly.
In all events, the Charterer shall have a report of damages established by a qualified authority or expert.
Should the actions taken, or not taken by the Charterer, be the reason for insurers to refuse coverage of damages otherwise covered, then the cost of repairs shall be borne by the Charterer.
All costs of repairs or replacement relating to damages, breakdowns or losses to the Yacht or her equipment caused by misuse or negligence or carelessness by Charterer or his crew shall be borne by the Charterer except however for the reimbursements received from insurers. Only the breakdowns, losses and damages resulting from normal use and wear, or resulting from causes not in any way in the responsibility of the Charterer shall be borne by the Company and, when applicable, reimbursed to the Charterer upon remittance by him of the supplier’s invoice showing VAT paid.
ARTICLE 13 – RETURNING THE YACHT
The Charterer shall return the Yacht and all items listed on the inventory in good condition, clean and with all equipment functioning correctly. Immediately upon mooring at the port of return, the Charterer shall contact the Company and make an appointment with it in order to proceed with the inventory and inspection of the Yacht. The Charterer shall ensure that all personal effects have been removed from the Yacht at the time of the inventory.
Upon returning the Yacht, the Charterer shall report to the Company all incidents, accidents, losses, damages and breakdowns that may have occurred during the charter period, in writing, if required by the Company. In particular, the Charterer must report incidents, such as touching the seabed, even though such incidents may not have caused apparent damage to the Yacht. Should the Charterer not report such an incident, he shall be held responsible for all consequences thereof.
Unless the Yacht is returned perfectly clean to the Company, or if she was not clean at the time of taking over by the Charterer, the cost of cleaning shall be charged to the Charterer by the Company.
Should damage or losses or breakdowns caused by misuse or negligence or carelessness by the Charterer or his crew be revealed during the inventory and inspection, the Charterer shall immediately pay the Company the cost of repair or replacing the damaged/lost items, within the limit of the excess, if such costs are covered by insurance. If the decision of the insurer is uncertain or if the Company is not in a position to estimate the cost of repair/replacement, payment by the Charterer shall be postponed until the Company may ascertain the sums due by him.
ARTICLE 14 – LATE RETURN OF THE YACHT
The Charterer shall return the Yacht at the latest on the date and time defined in Particular Conditions of this agreement.
In the event that the Charterer returns the Yacht later, due to whatever cause except force majeure, or due to damage or breakdown for which he or his crew may in no way be held responsible, the Charterer shall pay an additional charter price calculated, for each started day of delay, as two times the price charged by the Company for chartering the Yacht on a one day basis. In addition, the Charterer shall reimburse the Company of all of its expenses in connection with accommodating or compensating the next charterer of the Yacht.
Bad weather or sea shall in no way be considered a force majeure event under this agreement.
The Charterer shall keep the Company informed immediately when he knows or has doubts that he may not return the Yacht on the agreed return date and time.
If for any reason the Charterer is not in a position to sail the Yacht back to the agreed return port, he shall arrange under his responsibility and bear the cost of transferring the Yacht back to the agreed return port.
ARTICLE 15 – SETTLEMENT OF DISPUTES
This agreement shall be ruled by French law.
Disputes arising between the Charterer and the Company shall be submitted to the Court of Antibes in France.