General terms and conditions - Yacht charter mediation services

Introductory note

These General Terms and Conditions (hereinafter: “Terms”) regulate the relation between SOUL TRAVEL d.o.o., Dubrovačka 10, 21000 Split, Croatia, ID code: HR-AB-21-060289703 (hereinafter: "Agency") and the Charterer (hereinafter: "End User"). All provisions and conditions provided in these Terms are legally binding the Agency and the End User, unless otherwise provided by an agreement.

The relation between the End User and the Service Provider (hereinafter: “Charter”) is regulated by the Charter documents the End User will receive prior to the confirmation of the reservation. If the provisions stated in these Terms do not concur with those in the Charter documents, the ones in the Charter documents have precedence.

Agency's commitments and responsibilities

The Agency acts as a mediator between the End User and the Charter and can be held liable only as such. It provides to the End User offers from various Charters while taking into consideration the rights and interests of the End User in accordance with customs and good practice in tourism.

Imaging and written content displayed on the Agency website and/or in other promotional materials is provided for general guidance purposes only. During the booking procedure and prior to the beginning of the charter period the Agency provides the End User the materials, provided by the Charter, presenting relevant information regarding the reservation.

Charter's commitments and responsibilities

Charter documents and other relevant terms and conditions which regulate the relation between the End User and the Charter will be provided to the End User before the confirmation of the reservation. The End User is advised to read these carefully prior to any payment. By making the payment of the amount necessary for the confirmation of the reservation, the End User confirms that he/she has read and fully comprehends and accepts all the mentioned terms and conditions.

Inquires and reservations

Inquires and reservations can be made through the form available on the Agency's website, by e-mail or through partner travel agencies. The End User is obligated to provide any information and all documents required for the reservation process.

Payments

In order for the reservation to be confirmed a 50% advance payment is required. The remaining 50% have to be paid at least 40 days prior to the beginning of the charter period.

In case the advance payment was made, but the other 50% isn't paid within agreed deadlines, the Charter reserves the right to cancel the End User's reservation and use the funds received as compensation.

If the reservation is made within 40 days prior to the beginning of the charter period, in order to confirm the reservation, the End User has to pay the total amount at once.

All banking expenses, as well as any other additional expenses concerning the payment procedure, are covered entirely by the End User.

By confirming a reservation, the End User confirms that he/she is aware of these Terms and fully comprehends and accepts them.

Prices

Charter price includes charter of an equipped and insured vessel (sails are not covered by insurance and the End User bears the costs of any kind of sails damage). The price does not include fuel costs and other expenses such as fees for the crew, mooring fees, etc., unless otherwise provided by an agreement.

Security deposit, sojourn tax and other expenses, which are not included in the price, but have to be paid by the End User before takeover of the vessel, are indicated as Obligatory Extras.

Additional services or equipment indicated as Optional Extras are services/equipment available through prior notification and additional payment. Optional Extras have to be requested before the confirmation of the reservation.

Charter reserves the right to change the prices at any time and to modify a reservation in case of circumstances beyond its control that could not be predicted, avoided or rectified.

Discounts

In case there are several discounts available, discount percentages do not add up. Discounts are not to be applied to the last-minute offers.

Security deposit

Before taking over the vessel, the End User is obliged to leave a security deposit in cash or by using a credit card, depending on the Charter. If the End User returns the vessel in good condition, with full fuel tanks and in the fixed time the security deposit shall be returned to the End User with no deductions.

The End User is obliged to leave a security deposit also in case when he/she charters a vessel and uses services of a professional skipper provided by the Charter. The security deposit doesn't cover for the costs of the damages which were a result of skipper's negligence or unprofessional navigation of the vessel and/or equipment.

Sojourn tax

In accordance with the Croatian Law on Sojourn or Tourist Tax, for boat charter lasting more than a day, the End User is obligated to pay the sojourn tax.

Travel insurance

Charter prices do not include travel health or cancellation insurance. The End User is advised to purchase travel insurance.

End User's commitments and responsibilities

The End User is obliged to check whether a visa needs to be attained for entering the Republic of Croatia or other countries he/she will be passing through, have valid travel documents, possess certificates of vaccination if they are passing through countries that require mandatory vaccination against certain diseases, obey custom and other rules and regulations of the Republic of Croatia and other countries he/she will be passing through and in which he/she resides. In case of his/her inability to travel or arrive at the destination due to violations of mentioned regulations, the End User will be held liable for all costs and caused losses.

Before confirming the reservation, the End User is obliged to inform the Agency if he/she needs the services of a professional skipper. In case he/she does not want to use the services of a professional skipper, the End User has to provide his/her appropriate valid licenses, or licenses of a member of his/her crew, accepted and in accordance with the laws of the Republic of Croatia. If during the check-in procedure the End User does not submit all the necessary documents, the Charter reserves the right to withhold service without the Charter or the Agency being obliged to pay back any amount to the End User.

In case the End User doesn’t want to use the services of a professional skipper and he/she, or a member of his/her crew, possesses all required licenses but, according to the Charter representative evaluation, does not possess appropriate and necessary knowledge and nautical competence, the Charter reserves the right to withhold service without the Charter or the Agency being obliged to pay back any amount to the End User or, in accordance with the established competence, determine the limits of sailing for the duration of the reservation. The Charter can also assign a skipper, if one is available, at the expense of the End User. For the reason of establishing the nautical competence of the End User and his/her crew, the Charter may organize a shorter common navigation.

The End User is obliged to sail in the coastal sea of the Republic of Croatia. If interested in sailing outside the territorial waters of the Republic of Croatia, before confirming the reservation, he/she must request and receive a written permission from the Charter.

The End User is not allowed to use the vessel for commercial purposes such as to provide accommodation services, lend the vessel to a third party, participate in competitions which include the usage of the vessel, use the vessel for professional fishing or for purposes of a sailing school, etc. If the End User wishes to use the vessel in a regatta or a competition, before the confirmation of the reservation he/she must request and receive a written permission from the Charter to engage in such activities. If such permission is granted an additional payment is required.

It is not allowed to keep pets on the vessel. If the End User wishes to embark any pats on the vessel, before confirming the reservation he/she is obliged to request and receive a written permission from the Charter. If such permission is granted an additional payment is required. The Charter reserves the right to withhold service to the End User if he/she brings pets to the embarkation without previously requesting and obtaining a written permission and making an additional payment. In this case, the Agency is not obliged to accept complaints made by the End User on the quality of the services.

The number of persons aboard the vessel should never be higher than the number stated and should not vary from the crew list. Should the number of persons arriving to the embarkation exceed the number indicated on the Charter documents, the Charter has the right to withhold service to unannounced persons or, regarding the maximum allowed capacity of the vessel, allow their embarkation provided all necessary additional payment for the unannounced persons is made on the spot. In this case, the Agency does not acknowledge any complaints for quality of services provided.

The vessel is delivered with all the necessary documents and the End User is obliged to keep the documents safe while using the service. When taking over the vessel, the End User is obliged to check and carefully examine the condition of the vessel and equipment according to the Equipment/Inventory list. All losses and defects of the vessel and/or the equipment which have not been discovered at the moment of takeover, do not give the End User the right to reduce the price of the service.

The End User is obliged to be careful while navigating the vessel, using inventory and equipment. In case of loss and/or damage the End User is obliged to register the course of the events and to ask for a written certificate from an authorized person. The End User is obliged to immediately inform the Charter of such events, no matter what caused them, and the Charter shall inform the End User on the ways of fixing and/or change of the equipment/vessel . The End User shall bear the costs of unauthorized fixing and unauthorized changing of parts of the equipment.

Loss and/or damage of/to the equipment, particular parts of the vessel or the vessel itself which were/was a result of an accident or the End User’s inattention, the Charter shall seek to remedy, i.e. indemnify, covering costs with money from the security deposit. If the costs exceed the amount of money deposited, the remaining costs shall be covered by the insurance company which issued the insurance policy for the subject vessel. In case the loss and/or damage were/was a result of personal negligence or were/was caused intentionally, the End User bears all the costs.

All losses and/or damages covered by insurance which are not immediately reported to the Charter will not be acknowledged as per the insurance policy. In this case the End User is personally responsible for total loss/damages as a result of not reporting or late reporting of loss/damages. In case the loss/damage has the consequence that the vessel cannot be further chartered, the End User will be held liable for possible loss of profit caused to the Charter and the Agency.

The End User is obliged to pay to the Charter all material and legal expenses which may have been a result of acts and/or negligence of the End User, which are not covered by insurance and for which the Charter is liable to a third parties. The End User is particularly liable if the vessel was confiscated due to illegal activities. In case of a vessels disappearance, inability to sail, confiscation of a vessel or an arrest conducted by authorized or other persons, the End User is obliged to notify the authorized persons and the Charter.

The vessel has to be returned undamaged, with full fuel tanks and, regardless of the final cleaning charge set by the Charter, clean and tidy. In case the vessel is returned dirty and untidy and/or without full fuel tanks, the Charter shall deduct the amount required for cleaning and/or filling of fuel from the security deposit. Damages of the hull which are caused by the End Users negligence and unprofessional navigation shall be examined and the End User shall bear all the costs.

The End User is obliged to arrive to the agreed port/marina in the evening hours one day prior to the scheduled return of the vessel so the check-out procedure can be carried out in the morning hours the next day. If the End User does not return the vessel on time and to the agreed port/marina, he/she is obliged to pay a triple daily price for every day of delay together with all the costs the Charter and the Agency might have due to the delay. In case extremely bad weather conditions hinder the return of the vessel in a foreseen term/place, instead of the indemnity foreseen, the End User is obligated to pay a double daily price for every day of delay, only if he/she informed the Charter about such an event on time.

In case the End User does not comply with the above given terms, he/she shall be held responsible for all the consequences that resulted thereof. The End User is liable for all damages and offenses he/she might commit while using the vessel. This also refers to obligations which may arise from the vessel use which may become due even after the expiration of the reservation. By confirming the reservation, the End User agrees to pay for all damage if any is caused.

Prolongation of the service

If the End User wishes to prolong the period of usage of the vessel, he/she is obliged to contact the Agency on time and request and receive a written permission from the Charter. If such permission is granted an additional payment is required. In case the End User decides to contact the Charter directly with a request for a prolongation of the usage period of the vessel, he/she is responsible for any loss of profit caused to the Agency and the Agency is no longer liable for any consequences that could arise from the End User's action.

End User's right to changes and cancellations

In case the End User wishes to change or cancel a confirmed reservation, he/she must do so in writing, by e-mail, following which the Agency will send him/her an e-mail confirming the receipt of the change/cancellation notice. If the End User does not receive the confirmation from the Agency within 24 hours, he/she is obliged to contact the Agency by telephone and inquire on the status of his/her reservation. Changes or cancellations by telephone are not permitted and will not be accepted.

Changes may include: names and/or number of service users and date of beginning and/or end of the charter service, and they have to be made at least 40 days prior to the commencement of service. If such changes are possible, an additional payment might be required.

In case the End User wishes to name another person as the New End Used, he/she must request and receive a written permission from the Charter. If such change is granted an additional payment might be required and the End User is obliged to inform the New End User that he/she, when taking over the reservation, accepts all rights and obligations provided in these Terms and documents provided by the Charter.

If the End User wishes to change the booked vessel with another vessel from the same Charter, he/she must request and receive a written approval from the Charter. In case such change is possible an additional payment is required. If the price of service on the new vessel is lower than on the previously booked one, the End User is not entitled to any refund.

In case reservation change is not possible and it results in the End User's cancellation of the reservation, the below stated Cancellation Terms shall be applied.

The End User’s request to change the booked vessel with a vessel from a different Charter or to make any change within 39 days prior to the commencement of the service or during the use of the vessel, will be treated as a cancellation of the reservation. In the event the End User does not arrive to the agreed port/marina by the end of the Charter's working hours on the first day of the charter period, and he/she has not contacted the Charter, this too will be treated as a cancellation of the reservation. In both cases, as well as if, for any reason, the End User cancels the reservation after he/she took over the vessel, the Cancellation Terms stated below will apply. Should the actual costs exceed the amount paid for the reservation, the End User shall bear all costs that may arise for the Charter and/or the Agency.

If the End User should request a change or cancellation of the confirmed reservation, the date the written change/cancellation notice is received will represent the basis for cost calculation. In case the notice is received outside business hours, the date which will represent the ground for cost calculation will be the following working day of the Agency.

Cancellation terms

If the End User cancels the reservation 40 or more days prior to the beginning of the charter period, cancellation costs will be 50% of the total reservation amount.

In case the End User cancels a reservation within 39 days prior to the beginning of the charter period, cancellation costs will be 100% of the total reservation amount.

End User's personal property

The End User is responsible for his/her personal belongings. The Charter or the Agency are not responsible for the damage, loss or theft of the End User's personal belongings, nor for third parties personal belongings, that were kept and saved on the vessel, vehicle, in the Charter’s and/or Agency’s office, that occurred during transportation or at any time before, during or after the reservation period. By confirming the reservation the End User accepts these Terms and waives all compensation claims for such losses and/or damages. In case of loss or theft the End User should immediately report it to the Charter's authorized representative and the local police station.

Personal data protection

The End User provides personal data voluntary. Personal data is necessary for finding requested services and shall be used for communication between the End User and the Agency. The Agency agrees not to distribute the End User's personal data outside of the country's borders nor to third parties if it is not necessary for the purpose of providing requested service. The End User's personal data may be disclosed if the Agency or a third party, processing the End User's data for the purpose of providing requested services, are compelled to do so by law or receive a valid, legally compliant request by a law enforcement or governmental authority. The End User's data shall be kept in a database in accordance with the decision of the Management and applicable legal regulations. By accepting these Terms, the End User gives permission for his/her personal data to be used for the purpose of the Agency's marketing actions.

Complaints

In the event of unsatisfactory services, the End User is obliged to immediately file a complaint to the Charter's authorized representative and to inform the Agency by e-mail at [email protected] or phone at +385 91 26 38 002 . The End User is obliged to cooperate with the Charter and the Agency in good faith in order to resolve the cause of the complaint. Should the End User accept the proposed solution which corresponds with the service rendered on the spot, neither the Charter nor the Agency are obliged to accept any additional complaints or can be subjected to any additional claim. If the End User chooses not to accept the provided solution, compatible with the paid service, the Agency shall not be obliged to accept any further complaints. In case the End User leaves on his own initiative, without giving the Charter a chance to remedy difficulties which caused the object of complaint, the End User waives the right to request a refund or make a claim for compensation, regardless of the fact that his/her reasons were justified or not.

If the problem has not been resolved after the intervention, the End User is obliged to send a written complaint with all the documents and photographs which verify the basis for the complaint by e-mail at [email protected] or mail at SOUL TRAVEL d.o.o., Dubrovačka 10, 21000 Split, Croatia, no later then 8 days following the last day of the reservation. The Agency shall take into consideration only those complaints which were filed in written form during the vessel's check-out procedure and countersigned by the Charter's authorized representative, that are received within the 8-day deadline. Only those claims whose cause could have not been resolved on the spot, will be taken into consideration. Upon receipt, the Agency shell present the End User’s complaint to the Charter. The Charter commits to respond in writing within 15 days of receipt of the written complaint. Upon receipt, the Agency shell inform the End User about the Charter’s response.

While the procedure of resolving the complaint is under way, the End User irrevocably relinquishes the right of mediation or arbitration by a third party or institution, as well as publicly disclosing information. During this period, the End User also waives the right to file a suit. The maximum amount of compensation can reach the price of the inadequate part of service but can not include services already provided or the total amount of the reservation. This also excludes the End User's right to indemnification for ideal damages.

The Charter nor the Agency can not be held responsible for weather conditions, temperature or cleanliness of the sea, crowd at the destination, loss or theft of property nor any other similar situations and events which may cause the End User's discontent but are not directly related to the quality of the booked service.

If the End User decides to make a „last minute“ reservation, he/she accepts all the risks of such an agreement. These offers consist of uncertainty of facts upon which the Charter or the Agency can not influence. The End User accepts such an agreement primarily because of its favorable price and therefore has no right to complain to the Charter and/or the Agency.

The Agency is not responsible for possible problems that may arise around the vessel prior, for the duration of, and even after the expiration of the reservation. The Charter and/or the Agency are not responsible for postponements or changes of plans of the End User.

Jurisdiction

The End User and the Agency shall endeavor to resolve all the disputes that may arise in connection with these Terms in mutual agreement. In case a mutual agreement can not be reached, the parties stipulate the jurisdiction of the authorized court in Split. The competent law shall be the law of the Republic of Croatia.

Endnote

By confirming the reservation and by making an advance payment, i.e. by paying the total price, the End User fully accepts the above provided Terms. These Terms exclude all previously issued General Terms and Conditions.

Split, 01.01.2020.