Charter Terms & Conditions

KRAMER YACHTING d.o.o., Rude 150, OIB: 27796245742, represented by Director Rok Kramer (hereinafter: Charter Company or KY). These terms and conditions are an integral part of the charter contract.

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly available. Customer, agent or Partner Company acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy). Here and hereinafter – the Company (Kramer Yachting d.o.o.) – or – KY.

Payment

General

The sailing boat accommodation contract shall become valid upon paying the total amount of sailing boat accommodation fee (hereinafter fee) to KY. The Charterer undertakes to pay fee to the benefit of the account of KY as follows:

• 50% of fee (down payment) when booking the vessel for a defined period (7 days).
• 50% of fee 4 weeks prior to the departure period at the latest.

Other

The Charterer will pay the agreed charter price and extras, amounting to and in accordance to the terms as stated in the Charter Contract.

After completing the booking process, Charterer will get a set of documents on the provided e-mail address, which contains:

• Booking Contract;
• Terms and conditions;
• Invoice;
• Boarding Pass;
• Base Info.

The amount of the sailing boat accommodation fee includes the usage of the vessel, all equipment on board and other things. The Base Manager must inform Charterer about all the available and accessible for use on board things and equipment.

All extra payments, if any (local tax etc.), shall be done in the base.

The payment shall be made on the basis of the issued invoice, which KY directs to the Charterer without deferral upon the receipt of the booking inquiry. In order that the booking becomes final, the Charterer is to pay the down payment to the account of KY or with the credit card, within the time period of 7 days since the day of the invoice, as well as to send the evidence of the down payment. The Charterer also undertakes to send the evidence of the rest payment of the total sailing boat accommodation fee.

The fuel, water and all the costs of the daily berth in the port of putting in or in marina are not included in the sailing boat accommodation fee.

The security deposit has to be made by the Charterer when taking possession of the vessel. The Charterer liability is limited to the amount of the security deposit – unless the cause of damage is gross negligence or intention. The deposit shall be refunded in its entirety upon the return of the vessel – unless the existence of a damage or a defect on the vessel or the equipment is found during the takeover of the vessel and fixed in document by Base Manager, and unless there are no claims filed or announced regarding the Charterer by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself as a result of the action (or inaction) of the Charterer, KY shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the vessel. In case of caused damage has the consequence that the vessel cannot be further chartered, KY has the right to retain the amount corresponding to the loss of profit. All cases of damage and loss of equipment should be immediately reported to the Base Manager and fixed as a document.

The skipper is responsible for all damages that occur due to a navigational error (grounding, damage to the ship or collision with another ship), while the client is responsible for damages that may occur due to careless or rough handling of the ship’s equipment or inventory on the ship.

Cancellation

If the Charterer who has paid the charter price in the whole, informs KY on his withdrawal from use of the Vessel, the Charter Company shall retail:

• 30% of the charter price where the charter is cancelled 61 (sixty-one) or more days before commencement of the charter,
• 50% of the charter price where the charter is cancelled between 60 (sixty) and 31 (thirty-one) days before commencement of the charter,
• 100% of the charter price where the charter in cancelled 30 (thirty) or fewer days before the commencement of the charter.

If the cancellation is due to objective reasons (death in family, heavy injury etc.), paid price will not be paid back but KY will give the Vessel at the Charterer’s disposal in another free period of time or within the next sailing season, but in this case KY has the right to charge Charterer with administration and other objective costs. In any other case, KY is not obliged to return the Charterer amount paid in accordance to this Contract.

Boarding

General

All the information about the place, time of boarding, crew and the itinerary (if it has been approved by the parties) indicated in the boarding pass.

Other

The charterer must appear to the place of boarding at least two hours before boarding time. If you need a transfer from the airport, grocery shopping, additional equipment or other needed things to the charterer, which are not on board – our company can arrange and purchase it. Please – charterer shall inform the KY office about such additional measures in advance, at least 7 days prior to boarding time. All costs according to additional service will be covered by Charterer.

The list of the equipment and supply (standard and additional) you can receive in our office or by boat (ask Booking Manager or our Base Manager).

Accommodation, sailing & use of the vessel

General

The most important task of KY – is to provide all the conditions for the best holiday of our guests. The ship is available for sailing for personal purposes – commercial or any illegal use of the vessel is not allowed.

Other

The Charterer will hire a Vessel equipped in accordance to the laws and rules of berth location of the vessel and yacht charter standards of KY. The equipment list is an integral part of our contract and it will be signed by the involved parties on the occasion of taking over and returning of the yacht (checklist). Equipment list will be provided by the Base Manager or Booking Manager during boarding.

The Charterer will pay the agreed charter price and extras, amounting to and in accordance to the terms as stated in the Charter Contract.

The Charterer undertakes and states that he shall sail within the limits of the territorial sea of the Republic of Croatia or Seychelles (unless otherwise permitted by KY – approved route by KY), that he shall not sub charter the vessel not lend it to third person, that he shall not participate in regattas nor vessel races, that he shall not use the vessel in commercial purposes, nor for professional fishing, sailing school and similar, that he shall not operate the vessel under influence of alcohol or narcotics, that on the vessel shall not be more persons than registered on the crew list, that he shall sail only during safe weather conditions and good visibility. The Charterer undertakes to respect customs and other regulations and rules. He also undertakes that he shall not convey persons and goods for a fee; that he shall not sail in zones forbidden for sailing, that he shall carefully operate the vessel, its inventory and equipment and that he shall not be involved in towing of another vessel.

In case of distress or accident, Charterer shall register the course of events (in special document or in ship’s journal), as well as ask for the attestation by the harbormaster, physician or authorized body. KY shall be informed of the distress without deferral. The damages of the underwater part of the vessel have as a consequence the vessel inspection, the costs of which shall be met by the Charterer. The Charterer undertakes to inform the authorized bodies and KY in case of disappearance of the vessel, in case of impossibility of operating the vessel, as well in case of state organs or third persons seizing or confiscating the vessel or imposing measures of sailing prohibition. In case of non-compliance with the obligations stated in this chapter, the Charterer is personally responsible to KY and he assumes liability for all the consequences. The keeping of pets (dogs, cats, birds and similar) on the vessel is allowed but should be told 4 weeks before the charter period, must not have the weight more than 10 kg, and Charterer can be charged by KY for additional cleaning for amount 350 Euro per week per each animal on board (if the boat need additional cleaning after return in base).

Taking into consideration the weather conditions, the Charterer is obliged to comply with the orders of Base Manager. The Charterer undertakes he shall not sail in the areas insufficiently known, considering the nautical charts which he has at disposal that he shall not sail by night without using all navigational lights and without adequate observation from the board.

The Charterer shall not leave the port or the anchorage if the wind force is more than 30 knots, or if the port authorities have forbidden the sailing. The Charterer shall not leave the port or the anchorage until the damage is eliminated from any vital part of the vessel, such as motor, set of sails, ropes, bilge pump, anchor winch, navigational lights, mariner’s compass, safety equipment and similar or if any of the mentioned devices is not in working order. The Charterer shall not leave the port or the anchorage without sufficient fuel supply and when weather conditions or conditions of the vessel or his crew are unsafe or uncertain in general.

Charterer must have all necessary certificates and must provide it to the KY before boarding. Tests of Charterer’s ability to operate the vessel are an integral part of the time period for which the vessel was chartered.

Liability of the Charterer

For the damage caused by actions and failures of the Charterer for which KY is liable to the third party, the Charterer is obliged to settle the damages to KY in their entirety, whether it is the case of material and/or legal expenses that resulted from such actions and failures. The Charterer is explicitly liable for the vessel in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the vessel within the period for which it was stipulated.

Charterer may use the Vessel exclusively in the coastal sea of the waters of berth location of the Vessel. Use of Vessel out of coastal waters, participation on regatta etc. is allowed only upon relative permit in writing was granted by KY Management to the Charterer.

The Charterer is obliged to provide name, surname, date of birth, place of birth and passport number of all crew members on time, as advised by KY.

KY is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party caused by the Charterer or members of his crew for the duration of this Contract, if this was the fault of the charterer, in violation of regulations and prohibitions set forth in this agreement.

The Charterer is obliged to observe all navigation rules and orders made by the authorized government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report KY on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to KY in the same condition in which the Charterer had received her.

The Charterer will hold KY harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the yacht and related equipment or other inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the yacht or dinghy.

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 daily charter fee. If he does not report KY about expectations of becoming overdue prior to the end of agreed time of Vessel return, the indemnity will be enlarged for further 30%. KY has right to settle the indemnity for Charterer being overdue through the bailed security deposit.

KY is also not responsible for postponements or changes of Charterer’s plans 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, KY agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged by 50% amount of the daily charter fee, for every day of being due with return of the Vessel.

In case of hiring a skipper, Charterer is advised to handle the yacht with due care and obey all regulations as instructed by the skipper. For all consequences in connection with acting in the role of skipper or handing over the role of skipper to an unauthorized person, the skipper is responsible.

Liability of the Charter Company (KY)

General

The charter company (KY) is obliged to provide fully equipped vessel in accordance with provided in the contract specifications.

Other

Yacht specifications, technical parameters, a list of rescue and additional equipment can be provided to the charterer in our company office (KY).

KY boats are certified for the declared navigation region and are regularly tested. The company is responsible for the safety and completeness of the provided vessel to the charterer.

Any objections and comments on the state of the boat may be discussed with the management of the company – just send a written document (or email) to the office, or contact us by phone.

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, KY shall only be liable for direct damages actually suffered, paid or incurred by the Charterer, crew or the passengers, due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation. Neither KY nor the owner of the yacht will be liable to any person for any loss, damage, injury, or death that results from the Charterer’s use of the yacht. KY makes no representations other than those contained in these terms and conditions and written materials provided as part of the booking procedures.

KY is also not responsible for postponements or changes of Charterer’s plans 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, KY agrees that instead of the indemnity foreseen, Charterer should pay regular charter price enlarged by 50% amount of the daily charter fee, for every day of being due with return of the Vessel.

Failure to deliver

KY is obliged to make available the contracted, similar or better Vessel, at agreed time and place. If KY is late in performing this obligation, KY 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 KY being overdue can be imputed to KY responsibility, KY should also pay 5% indemnity of weekly charter price for every day being overdue, but not more than 15% of the total charter price. By delivering the Vessel within 4 hours of overdue, KY is not considered to be overdue.

If KY cannot supply the Vessel or an appropriate replacement (meaning a type similar in dimensions, gear and equipment) and the delay exceeds 20% of the total charter time or a maximum of three (3) days, the Charterer has the right to withdraw from the Contract. In this case payments already made will be refunded to him. No further claims may be raised.

If it is an established fact before the start of the charter that neither Vessel nor replacement will be available on the agreed date, KY shall be obliged to inform the Charterer as soon as the former knows the facts. In this case, both parties may withdraw from the Contract before the assumed start of the charter. Payments made by the Charterer will be refunded as above. No further claims may be raised.

If check-in time is delayed by KY for reasons he is responsible for, the Charterer will get a pro rata refund from KY.

Personal data protection

The Charterer provides personal data voluntarily. The personal data are necessary in the realization process of the requested service. The same data will be used for further communication with the Charterer. KY obliges not to transfer the personal data of Charterer out of the country nor forward it to the third person except for purposes of the realization of the wanted service. In case The Charterer signs the insurance policy her or his personal data will be forwarded to the insurance company for purposes of arranging Trip Cancellation Insurance, Medical Emergency Insurance, Lost and Damaged Baggage Insurance as well as Travel Medical Insurance. The personal data will be stored in the database, according to the decision of the Management concerning the collection, processing and storage of the personal data. Use of personal data for KY marketing purposes requires the Charterer’s separate, optional consent in the booking form.

Insurance

General

Charterer can order option with non refundable deposit (ask our Booking manager) or use the insurance deposit prior the boarding. Deposit will be return after return of the vessels if the boat has no damage or claims of third parties.

Other

If applicable in the country of Vessel’s berth location, full cover insurance may be applied. In order to make check-in/out faster and to avoid security deposits the Vessel is fully insured against third party damage, loss or damage of inventory and equipment, loss or damage caused by maritime accidents, natural disasters, lightning strike, foundering, capsizing, grounding, fire, explosion, burglary, theft, collision with any solid or floating object, malicious act of third party and earthquakes. Full insurance does not cover willful misuse, gross negligence or cost of repair of clogged toilette.

Unless Full cover insurance is applied, the Charterer lays under commitment to providing a security deposit at the time of embarkation on the Vessel by pre-authorization of the credit card. The deposit shall be terminated in its entirety upon the return of the vessel, unless an existence of a damage or a defect on the vessel or the equipment is found during the handover of the vessel, and unless there are no claims by KY, filed or announced claims by the third persons, that are connected to the usage of the vessel. In case of loss of or damage on the equipment, particular parts of the vessel or the vessel itself, or existence of other reasons as stated in this Contract, KY shall retain/charge the amount (a part or the whole deposit), which corresponds to the indemnification or value of repair, acquisition and/or purchasing the equipment or particular part of the vessel. In case if caused damage has the consequence that the vessel cannot be further chartered, KY has the right to retain the amount corresponding to the loss of profit. The security deposit can be made solely by pre-authorization of a credit card. The actual amount of security deposit for the type of vessel chartered is stated in Booking Contract and in the Price List.

The Vessel is insured against third party damage, fire, lightning, explosion, theft or robbery or damage caused by natural disasters, marine and collision risks, and against any loss or damage except equipment expressed in this Contract. Unless the damage was caused wittingly (willful misuse) or with gross negligence, the financial liability of the Charterer for loss or damage caused by him or a crewmember is limited with the security deposit. The Vessel is insured with the minimal deductible that should correspond to the security deposit amount. Regardless of insurance, the Charterer is also obliged to pay indemnity for all caused damages up to the height of the security deposit. Damages covered by insurance which are not immediately reported to KY 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, if he is to be held responsible for this damage.

The insurance is determined by the terms defined by the insurer with which KY insured the vessel. The terms under which the vessel is insured form an integral part of this terms and conditions and shall be delivered to the Charterer when taking over the vessel. The damage covered by the insurance and in accordance with the insurance policy, which has not been reported to KY without deferral, shall not be acknowledged. In this case the Charterer is personally liable for all the damages as the result of no reporting or late damage reporting. The vessel crew is insured, as well as their personal luggage. All yachts are properly covered with liability insurance and comprehensive coverage for Charter Business.

Arbitration & law

In case of misunderstanding or dispute, the parties shall tend to settle it peacefully and consensually. If the misunderstanding or dispute is not solved in the afore-mentioned manner, the dispute passes into the jurisdiction of a court in Samobor and is regulated by the legal provisions of the Republic of Croatia.

These terms and conditions are an integral part of the crewed charter contract.

These terms and conditions, as may be amended from time to time, apply to all crewed charter services offered directly or indirectly by Kramer Yachting d.o.o. (hereinafter: the Company, Kramer Yachting, or KY). This document applies specifically to charters of vessels operated with permanent professional crew (captain, and, depending on the vessel, hostess and/or chef). The Charterer, agent, or Partner Company acknowledges and agrees to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy). Unless stated otherwise in this document, the payment, cancellation, personal data protection and arbitration provisions of KY’s general Terms and Conditions apply equally to crewed charters.

1. Payment

General

The crewed charter contract shall become valid upon payment of the total amount of the charter fee (hereinafter: fee) to KY. The Charterer undertakes to pay the fee to the benefit of the account of KY as follows:

• 50% of the fee (down payment) upon booking the vessel for a defined period.
• 50% of the fee 4 (four) weeks prior to the commencement of the charter period at the latest.

Other

The Charterer will pay the agreed charter fee and any extras, in accordance with the terms stated in the Charter Contract. The charter fee for a crewed charter includes the usage of the vessel, its equipment, and the service of the permanent crew as described in Section 4 (Crew and Services on Board).

After completing the booking process, the Charterer will receive a set of documents to the provided e-mail address, including the Booking Contract, these Terms and Conditions, the Invoice, the Boarding Pass and Base/Boat Info.

The payment shall be made on the basis of the issued invoice, which KY directs to the Charterer without deferral upon receipt of the booking inquiry. In order for the booking to become final, the Charterer is to pay the down payment to the account of KY, or by credit card, within 7 (seven) days of the date of the invoice, and to send evidence of the down payment. The Charterer also undertakes to send evidence of payment of the balance of the total charter fee.

Fuel consumption, provisioning, marina and port fees, and all other running costs of the charter are covered separately through the Advance Provisioning Allowance (APA) described in Section 5, and are not included in the charter fee.

2. Cancellation

If the Charterer, having paid the charter fee in whole, informs KY of withdrawal from use of the Vessel, the Charter Company shall retain:

• 30% of the charter fee where the charter is cancelled 61 (sixty-one) or more days before commencement of the charter,
• 50% of the charter fee where the charter is cancelled between 60 (sixty) and 31 (thirty-one) days before commencement of the charter,
• 100% of the charter fee where the charter is cancelled 30 (thirty) or fewer days before commencement of the charter.

If the cancellation is due to objective reasons (death in the family, serious injury, etc.), the paid price will not be refunded, but KY will make the Vessel available to the Charterer for another free period, either within the same or the following sailing season. In such case, KY retains the right to charge the Charterer for administrative and other objective costs incurred. In all other cases, KY is not obliged to refund any amount already paid under the Contract.

3. Boarding

General

All information regarding the place and time of boarding, the crew, and the preliminary itinerary (where discussed in advance with the broker, agent or captain) is indicated on the Boarding Pass.

Other

The Charterer should appear at the place of boarding at the agreed time. Guests are welcomed on board by the captain and crew, who will carry out a short safety briefing covering the vessel’s safety equipment, life jackets, emergency procedures, and general house rules on board.

If the Charterer requires a transfer from the airport, provisioning ahead of boarding, additional equipment, or other arrangements, KY can organise and arrange these upon request, provided the office is informed at least 7 (seven) days prior to boarding. All costs of such additional services will be covered by the Charterer, generally through the APA.

Unlike a bareboat charter, the Charterer and guests are not required to sign an equipment handover checklist, as the vessel remains at all times under the operational responsibility of the captain and crew.

4. Crew and services on board

General

Vessels chartered under these Terms and Conditions are operated by permanent, professional crew employed by KY or the vessel owner. The composition of the crew depends on the vessel and the number of guests, and is confirmed at the time of booking. The captain has full authority over the vessel, its safe navigation, and the safety of all persons on board at all times.

Skipper / Captain

The captain is responsible for the navigation, manoeuvring, mooring and overall safe operation of the vessel, and for the safety of guests and crew throughout the charter.

Hostess (skipper + hostess crew configuration)

On vessels crewed with a captain and hostess, the hostess is responsible for the preparation and serving of breakfast and one additional meal on board each day (in line with the meal plan agreed at booking), general housekeeping and cleaning of the vessel’s interior and common areas throughout the charter, and assisting the captain with lines, fendering and general manoeuvring duties as needed.

Chef (skipper + hostess + chef crew configuration)

Where an additional chef is engaged for the charter, the chef is responsible for full board catering service on board (breakfast, lunch and dinner, as agreed in the meal plan), while the hostess focuses on housekeeping, cabin service, and serving and attending to guests throughout the day.

Specific meal plans, dietary requirements, and any additional catering or beverage requests should be communicated to KY or the crew in advance of boarding, so that appropriate provisioning can be arranged and budgeted through the APA.

Gratuities for the crew are not included in the charter fee or the APA. Should guests wish to reward the crew for their service, gratuities are customary in the charter industry and are left entirely to the Charterer’s discretion, typically settled directly with the crew at the end of the charter.

5. Advance Provisioning Allowance (APA)

What the APA is

The Advance Provisioning Allowance (APA) is a pre-paid operating fund, separate from the charter fee, used to cover all running costs of the charter that are not included in the charter fee. This typically includes: fuel and lubricants for the engine and generator, food and beverage provisioning, marina, port and mooring fees, local taxes and permits, water and ice, and any other on-board consumables or services requested by the Charterer during the trip.

How the APA is managed

The amount of the APA (generally between 25% and 35% of the charter fee, depending on the itinerary, guest preferences and length of charter) is agreed with the Charterer or booking agent prior to the charter and is payable to KY together with the balance/final payment of the charter fee, i.e. 4 (four) weeks prior to the commencement of the charter period at the latest, and in any event prior to boarding.

During the charter, the captain keeps a running record of all APA expenses, supported by receipts and invoices wherever possible. The Charterer or their representative may request an overview of APA spending at any point during the charter.

Settlement at the end of the charter

On the last day of the charter, the captain presents the Charterer with a full, itemised statement of all APA expenses incurred during the trip, together with the supporting receipts. The Charterer is asked to review and sign this statement to confirm agreement with the expenses presented.

If the APA expenses are lower than the amount paid in advance, the remaining balance is refunded to the Charterer at the end of the charter, in the same manner in which the APA was originally paid, unless otherwise agreed. If the APA expenses exceed the amount paid in advance (for example, due to additional requests by the guests during the charter), the Charterer undertakes to settle the difference before disembarkation.

Damage charged to the APA

Where the Charterer or a guest is responsible for damage to or loss of the vessel’s equipment or inventory as a result of careless handling (see Section 7), the cost of repair or replacement will first be settled from the APA balance, and will be itemised as such in the final APA statement presented and signed on the last day of the charter.

6. Itinerary

A preliminary itinerary may be discussed and agreed in advance with the broker, agent or captain, and is provided for guidance and planning purposes on the Boarding Pass or Base Info. The Charterer’s preferences regarding destinations and points of interest will always be taken into account as far as reasonably possible.

However, the safety of the guests, crew and vessel is always the first priority. Weather conditions, sea state, and any other safety-related circumstances are the primary factors governing the actual route sailed. The captain, as the person responsible for the safety of the vessel and all persons on board, has the right and the authority to alter, shorten, or otherwise depart from any previously discussed itinerary at his or her sole discretion, at any point before or during the charter, without this constituting a breach of contract by KY. Where reasonably possible, the captain will inform the Charterer of the reasons for any such change.

7. Navigation, sailing & use of the vessel

General

The most important task of KY is to provide the best possible holiday for our guests, in complete safety. The vessel is operated exclusively by the permanent crew; guests do not operate, manoeuvre or navigate the vessel themselves, except with the express permission and under the direct supervision of the captain.

Other

The Charterer and guests undertake to comply with the reasonable instructions of the captain and crew at all times, particularly those relating to safety, navigation, weather-related decisions, and the use of the vessel’s equipment, tenders and water toys. The vessel shall not be used for commercial purposes, illegal activity, professional fishing, or towing of another vessel, nor shall it be sub-chartered or used to convey persons or goods for a fee.

In case of distress or accident, the captain shall register the course of events and, where relevant, seek attestation from the harbourmaster, a physician, or another authorised body. KY shall be informed of any such event without delay.

The keeping of pets on board (dogs, cats, birds and similar) is allowed but must be communicated to KY at least 4 (four) weeks before the charter period, must not exceed 10 kg in weight, and KY may charge the Charterer for additional cleaning at a rate of EUR 350 per week per animal on board, where the vessel requires additional cleaning upon return to base.

8. Liability for damages – navigation & handling

No security deposit

Because the vessel is at all times operated and manoeuvred by KY’s professional crew, the Charterer is not required to leave a security deposit for a crewed charter. Responsibility for the safe navigation and manoeuvring of the vessel rests with the captain, not with the Charterer or guests.

Responsibility of the crew

The captain and crew are responsible for all damage to the vessel, its equipment or third parties arising from navigational error, including but not limited to grounding, collision, or damage caused during manoeuvring, mooring or anchoring. The captain and crew are likewise responsible for the safekeeping of the vessel’s equipment and inventory while under their supervision, and for any items lost or misplaced on board as a result of crew negligence.

Responsibility of the Charterer

The Charterer and guests remain responsible for exercising reasonable care in their use of the vessel, its equipment, furnishings and inventory. Where damage to or loss of equipment, furnishings, tenders, water toys or other inventory occurs as a direct result of careless, reckless or improper handling by the Charterer or a guest, the Charterer shall be liable for the cost of repair or replacement, which will be charged against the APA and itemised in the final APA statement in accordance with Section 5. Where the cost of such damage exceeds the available APA balance, the Charterer undertakes to settle the difference directly before disembarkation.

The Charterer’s liability under this Section does not apply where the cause of damage or loss is attributable to normal wear and tear, a pre-existing defect, force majeure, or an act or omission of the crew.

The Charterer shall hold KY harmless from and against any and all third-party claims for loss or damage to property or injury to persons (including loss of life) resulting from the wilful misconduct or gross negligence of the Charterer or a guest, other than matters falling within the captain’s and crew’s navigational responsibility as described above.

9. Liability of the Charter Company (KY)

General

KY is obliged to provide a fully equipped and properly crewed vessel in accordance with the specifications confirmed in the Charter Contract, and to ensure that the crew hold all licences, qualifications and certificates required for the safe operation of the vessel.

Other

KY’s vessels are certified for the declared navigation region and are regularly inspected and maintained. Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, KY shall only be liable for direct damages actually suffered, paid or incurred by the Charterer or guests due to an attributable shortcoming of KY’s obligations, up to an aggregate amount equal to the total cost of the reservation. KY is not responsible for postponements or changes to the itinerary caused by weather conditions or other circumstances beyond its reasonable control, as described in Section 6.

Failure to deliver

KY is obliged to make the contracted, or a similar or better, vessel and crew available at the agreed time and place. If KY is late in performing this obligation, KY shall pay back a proportional amount of the charter fee for every 24 hours of delay and, where the delay is attributable to KY, an additional indemnity of 5% of the weekly charter fee per day of delay, up to a maximum of 15% of the total charter fee. Delivery of the vessel within 4 hours of the agreed time is not considered a delay.

If KY cannot supply the vessel, crew, or an appropriate replacement, and the delay exceeds 20% of the total charter time or a maximum of 3 (three) days, the Charterer has the right to withdraw from the Contract, with all payments already made refunded in full. If it is established before the start of the charter that neither the vessel, crew nor a replacement will be available, KY shall inform the Charterer as soon as reasonably possible, and either party may withdraw from the Contract, with payments refunded as above. No further claims may be raised in either case.

10. Insurance

The vessel is fully insured against third-party damage, loss or damage to inventory and equipment, and loss or damage caused by maritime accidents, natural disasters, fire, explosion, collision, and similar risks, in accordance with the terms of KY’s marine insurance policy. Full insurance coverage, together with the absence of a client security deposit, reflects the fact that the vessel remains under professional crew control throughout the charter.

Insurance coverage does not extend to damage caused by wilful misuse or gross negligence on the part of the Charterer or a guest, which shall be recovered as described in Section 8. The vessel’s crew, and their personal luggage, are covered under KY’s crew insurance arrangements. Guests are strongly advised to arrange their own travel and personal belongings insurance for the duration of the charter, as KY’s policies do not cover the personal property of guests.

Any damage that would otherwise be covered by insurance, but which is not reported to KY and/or the insurer without delay, may not be acknowledged under the insurance policy. In such a case, liability for the resulting damage may fall on the party responsible for the delay in reporting.

11. Guest conduct & safety on board

Guests are asked to follow the safety briefing given by the captain at the start of the charter and to respect the instructions of the crew at all times, particularly with regard to swimming, diving and the use of water toys and tenders, which should only take place with the knowledge of, or under the supervision of, the crew. Smoking is only permitted in designated areas as indicated by the crew. The maximum number of guests on board may never exceed the number stated on the crew list. The use of illegal substances on board is strictly prohibited.

12. Complaints procedure

Any objection or concern regarding the vessel, crew or service should, wherever possible, be raised with the captain or crew at the time it arises, so that it can be addressed promptly during the charter. Any complaint not resolved on board should be submitted in writing to KY’s office no later than 8 (eight) days after the end of the charter, in order to be considered. Complaints raised only after this period may not be accepted.

13. Personal data protection

The Charterer provides personal data voluntarily. This data is necessary for the realisation of the requested service and will be used for further communication with the Charterer. KY undertakes not to transfer the Charterer’s personal data outside the country, nor to forward it to third parties, except for the purposes of delivering the requested service. Where the Charterer takes out an insurance policy, their personal data will be forwarded to the relevant insurance company for the purposes of arranging Trip Cancellation Insurance, Medical Emergency Insurance, Lost and Damaged Baggage Insurance, and Travel Medical Insurance. Personal data is stored in accordance with KY Management’s policy on the collection, processing and storage of personal data. Use of personal data for KY marketing purposes requires the Charterer’s separate, optional consent in the booking form.

14. Arbitration & law

In case of misunderstanding or dispute, the parties shall endeavour to settle it peacefully and consensually. If the misunderstanding or dispute cannot be resolved in this manner, it shall fall under the jurisdiction of the competent court in Samobor and shall be governed by the legal provisions of the Republic of Croatia.