Jeanneau Merry Fisher 795

GENERAL TERMS AND CONDITIONS 1.INTRODUCTION Eila d.o.o., turistička agencija, (hereinafter referred to as Eila), located in Put Bravarića 7, 23312 Novigrad, Croatia, OIB: 60797519205 in accordance with the General Terms and Conditions and the Charter Contract, will rent the charter vessel to the customer for the agreed period of the charter. The person who confirms the reservation or makes the advance payment (hereinafter referred to as the customer) establishes a legal relationship with Eila, thereby accepting the General Terms and Conditions. Everything defined by these conditions represents a legal obligation for the customer and Eila. These conditions are the basis for resolving any dispute that may arise between the customer and Eila. 2.PRICE AND TERMS OF SERVICE The rental price of the vessel includes use of accommodation on the vessel and use of the vessel’s equipment (including bed linen, towels, kitchen utensils, cutlery, cookware, internet connection), tourist tax and mooring at the base marina. The vessel will be handed over to the customer with full fuel and water tank, clean and in good condition and it shall be returned under the same conditions. The rental price does not include fuel expenses, water expenses, mooring or other port expenses outside base marina and other costs of goods, like food etc., or services. 3. TERMS AND CONDITIONS OF RESERVATION The customer can take over the vessel only after all necessary payments have been made: 30% of the rental price shall be paid no later than 3 days upon booking, while the remaining amount shall be paid no later than 30 days prior to the rental date; or otherwise, if so defined by the contract or invoice. Security deposit, which is paid according to the price list and all additional services, if existing and agreed in advance, must be paid at the time of handover of the vessel at the base marina. The customer must send a complete crew list at least a week prior to the rental date. If payments are not made by the due dates, Eila reserves the right to cancel the contract/reservation and to charter the vessel to a third party. 4. TERMS AND CONDITIONS OF CANCELATION If the customer, for any reason cannot use the rental of the vessel and cancels the reservation, the following cancelation charges apply: - for cancellation more than 30 days prior to the rental date - full refund - for cancellation within 30-15 days prior to the rental date - 50% of the rental price - for cancellation within 14-0 days prior to the rental date - 100% of the rental price - no show or no cancellation within 24 hours before the rental date – 100% of the rental price plus the cancellation cost. Please note that Eila will always try to refund the customer all amount he/she paid for the reservation. If the customer, upon previous agreement with Eila, or Eila are able to find a new rental customer for the same period of the accommodation services and under the same terms and conditions, Eila will refund the customer all amount paid for the reservation. Eila reserves the right to charge for any administrative and manipulative costs occurred by the change. In the event that the customer has to cancel the reservation due to objective reasons (death in the family, serious illness, heavy injury) already paid amount won't be refunded. Eila will provide the customer 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 customer and Eila will mutually agree on payment in writing. Eila reserves the right to evaluate weather conditions and in the event of a bed weather conditions has the right to cancel the reservation and refund the customer already paid rental amount, reduced for the commission of a third party, with no penalty. If Eila estimates that the weather conditions are changing during renting period and becoming dangerous for customer, Eila has the right to terminate the agreement at any time and ask the customer to come back to do base marina or give the customer instructions where to moor in safety. The customer must immediately with no hesitation or delay follow precisely Eila's instructions, including where to moore and very how to anchor the vessel. Eila will refund the customer amount paid for the accommodation services Eila shall not be liable for any damages in the event of reservation changes or cancellation caused by force majeure or force of nature (war, riots, strikes, fires, terrorist act, emergency sanitary conditions, natural disasters, interventions by the competent authorities,). 5. HAND OVER OF THE VESSEL ON CHECK-IN According to the Croatian law, at least one person on the vessel must possess valid nautical and VHF licenses. In order to charter the vessel, the customer or skipper appointed by the customer must have valid licenses in addition to sailing experience. The customer and/or skipper obligation is to check if his/her license is valid in Croatia, prior to making the reservation and to provide Eila information about licenses and show the licenses at the check in time. If Eila determines that the customer or skipper does not possess the skill that is necessary to operate the vessel, Eila reserves the right to prohibit the vessel from leaving the base. The customer or skipper appointed by the customer must hold valid licenses, have filled in the crew list in advance and have paid all necessary payments in order to be permitted to embark on the vessel. Eila is obliged to hand the vessel over in a working condition and equipped in accordance with Croatian law and the check list of the vessel. The vessel will be handed over with a full tank of fuel full tank of water at the agreed place and time. If Eila, due to objective reasons (included, but not limited to, delayed check-out of previous customers, excessive damage to the vessel or equipment made by previous customers etc.),is  unable to place the vessel at the disposal of the customer at the time and place that has been agreed, the customer may withdraw from the service of using the vessel and is entitled to a refund of the money already paid for charter services. However, the customer is not entitled to compensation of any damages (including, but not limited to, a refund of travel expenses for arriving at the base, compensation for lost time etc.). During the handover of the vessel, the customer 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, including underwater part of the vessel, must be written on the check list and confirmed by both the customer and Eila. By signing the check list, the customer confirms that he/she has taken the vessel over with all of the listed equipment and in a working condition, and that he/she accepts the vessel in "as is" condition and assumes full responsibility for the same. Eila will not accept liability for any claim or price reduction arising from defects of the vessel or its equipment that the customer could not have discovered during handover, as well as any defects occurred after the handover and regular maintenance of the vessel that could not been foreseen by Eila. At the check in time the vessel will have all valid documents and the customer is obliged to keep them at all times in the vessel and present them to the authority in case of an inspection. Any complaint to the received documentation the customer shall submit in writing prior to takeover of the vessel. The customer is obliged to take exceptional care of this documents, as well of the nautical maps in the vessel, and return them at check-out time. 6. SECURITY DEPOSIT During the handover of the vessel the customer has to pay a security deposit to Eila, according to the valid price list. Security deposit shall be paid in cash. The amount of deposit is also stated on the check list and signing the check list upon takeover of the vessel is considered as confirmation of payment. The purpose of the security deposit is to cover any damage, defects or loss which can occur during the use of the vessel. The security deposit shall be refunded in its full amount if the vessel is returned at the agreed time and if no damage, defect or loss on the vessel or its equipment is found upon the return of the vessel. Eila shall charge any defects, damages or loss by deducting the actual cost of the damage from the deposit amount. If it is not possible to determine the amount of the damage, Eila 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, Eila is entitled to retain the full amount of the deposit until responsibility is determined. In cases of gross negligence and/or loss of one or more of the vessel’s parts or equipment, the customer shall bear all the costs. If damage of the vessel is determined, the customer agrees for such damages to be charged by Eila by deducting the amount of the damage from the received deposit. If the amount of damage is greater than deposited security deposit the customer agrees for such damages to be charged by Eila manually by charging the incurred damage in cash, with a POS machine or by bank transfer to Eila's bank account at the time of check-out or no later than 14 days after check-in.  7. HANDOVER OF THE VESSEL AT CHECK-OUT The customer shall return the vessel to the base marina on time, which is defined by confirming the reservation. The customer shall return the vessel in good condition, tidy (dispose all the waste, wash the dishes etc.), with full fuel and water tank. For leaving the vessel in a messy state Eila will have to charge the customer for additional cleaning in the amount of a 100,00€ (it can be charged from the deposit, by cash, manual entry from a credit card on a POS terminal or by bank transfer to Eila bank account). The customer is obliged to notify Eila of any damage, defects or loss to the vessel or its equipment. Eila shall examine and take over the vessel, and notify the customer of any damage, defect or loss that has not been reported on the check list. The customer is not liable for any damage or defects 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 at check in time, or as the consequence of cases of force majeure (e.g. lightning strike). The customer is obliged to fully settle all other damages. If the further sailing is not possible for any reason or the customer is not able to return the vessel at the agreed time or to the base marina, Eila must be informed immediately for further instructions and the customer agrees and guarantees to pay for every delay up to 3 hours the price of a daily charter fee and for every delay of more than 3 hours the triple price of a daily charter fee. In case of delays in return of the vessel due to bad weather, which was announced even as possible, the customer shall bear all expenses that occurred to Eila due to this delay. Therefore, it is recommended to return the vessel to the base marina the night before the check out day to avoid any delays. We advise all customers to carefully plan the sailing route and be aware at all times of current and upcoming weather conditions.  8. OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMER AND EILA The customer shall handle the vessel and all equipment with due care and attention. The customer, i.e. vessel operator, must possess nautical license valid in Croatia and VHF license and he/she confirms that he/she possesses adequate skills and knowledge required for safe handling of the chartered vessel. The customer obligation is to check if his/her license is valid in Croatia prior to making the reservation. The customer must provide Eila information about licenses and show the licenses at the check in time. The customer obliges to sail only in Croatian territorial waters and to respect all rules and regulations. The customer shall send the complete crew list with all requested and correct data, prior to the start date of the charter period. It is prohibited to board more people than stated on the crew list, sub-charter the vessel or hand it over to a third party. The customer is obliged to sail in a safe, responsible manner, only during safe weather conditions and good visibility, to never sail at night or in uncertain weather and never under the influence of alcohol or narcotics. In case of an accident or damage to the vessel or its equipment the customer shall inform Eila without any delay. Eila will try the best to organize repair as soon as possible, or at the nearest repair center. If the damage is no fault of the customer, and Eila is not able to fix it, the customer may withdraw from the use of the vessel and is entitled to a refund of the money corresponding to the length of not used days. However, the customer is not entitled to compensation for any damages (including, but not limited to, accommodation or travel expenses arising from the withdrawal from the use of the vessel, compensation for lost time etc.).  If the customer damages the vessel or causes an accident due to which the vessel is no longer technically functional then the customer must disembark from the vessel at the request of Eila and is not entitled to any refund or compensation of damages. In case of impossibility to operate the vessel, if the vessel is removed, seized or forbidden to sail by a government body or third party, in case of disappearance of the vessel or its equipment or in case of a serious damage, as well as when there are other vessels involved, the whole accident must be reported to the authorized bodies and to Eila,  it must be written down, signed by all the parties involved and the customer is obliged to request a copy of a report made by the authorized bodies. If the customer fails to adhere to these obligations, he/she shall be fully liable to Eila for any consequences. The customer is obliged to be respectful of nature and the sea and to act responsible at all time. 9.SKIPPER'S REQUIREMENTS The customer or a member of his crew who will navigate the vessel - the skipper, must have the competence and skills required to navigate the vessel safely, as well as a license for open sea sailing which must be valid in Croatia and a valid VHF license. Eila reserves the right to ask the customer or the appointed skipper of the vessel to demonstrate his/her competence and skills at sea in the presence of Eila representative. The time required for the demonstration is part of the agreed charter period. If during demonstration Eila representative determines that the customer or the skipper appointed by the customer does not have sufficient competence, experience and/or a valid license for navigation Eila reserves the right to prohibit departure of the vessel, terminate the contract and to retain the full paid amount. In these circumstances, any amounts paid will not be refunded. 10.INSURANCE The vessel has been insured with third-party insurance (compulsory insurance) and comprehensive insurance in the amount of the vessel's registered value (according to the insurance policy). Comprehensive insurance covers damage above the amount of the security deposit, but it does not cover any damages caused intentionally or by negligence. Damages covered by the insurance which are not immediately reported to Eila, competent bodies and the insurance company, and for which all the necessary documentation has not been submitted will not be acknowledged as per insurance policy. In that case the customer is personally responsible for total damage as a result of not reporting the damage. 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 harbormaster’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 Eila about the accident. If the customer fails to carry out all the aforementioned obligations, he/she may be charged for all damages incurred. 11.COMPLAINTS The customer has the right to submit a written complaint about provided service by email to info@eila.hr or by mail to the address Eila d.o.o., turistička agencija, Put Bravarića 7, 23312 Novigrad, Croatia within 8 days from the date of use of the service. Eila is obliged to respond to the complaint no later than within 15 days from the date of receipt of the complaint. 12.ARBITRATION Any disputes arising between the contracting parties are to be resolved by mutual agreement, otherwise they agree to the jurisdiction of the Commercial Court in Zadar. The customer, by his signature on the check list, confirms that he/she has read the Terms and Conditions of chartering the vessel, and in fully agrees with the same.