Terms and Conditions

The purpose of these General Terms and Conditions applicable to Yacht Charter (hereinafter the Terms) govern the mutual rights and obligations relating to services related to accommodation on vessels – yacht charter. Charter contract entered into between the person who is chartering the yacht (“Client”) as well as the agency-mediator representing Client (”Agency”) Client (”Agency””) The owner of the vessel is which is represented through YachtingAdria LLC (The Company) Booking Confirmation on behalf of the Client The booking is confirmed once the advance is made by the Client. On the other hand, the booking is confirmed when the complete amount of advance payment arrives on its account, and the booking confirmation is issued to the client or to the Agency. Payment Methods When your yacht charter booking has been made and is effective only in writing, payment must be made as follows which is: 50% for advance payment at time of booking the yacht – 50% of the balance no less than 1 month prior to the charter date. All payments must be made in accordance with the specific instructions on how to pay within the Pro-forma Invoice that the company has sent to the client or the Agency. The Vessel is able to be transferred only after the total amount for charter yacht and any additional services that were contracted has been settled in full. If the advance payment or balance payment hasn’t been paid in full by the beyond the deadlines stated and the Company is entitled to end the booking of the vessel without refunding the customer. The cost of yacht charter Charter The cost of charter yachts shall comprise the following: Vessel is outfitted according to the most current inventory-list available and also the standard charter base services at moment of delivery (check in and out). The price of chartering a yacht does not include additional costs like food and drinks fuel, charges for marina’s services , moorings and marina’s services harbor fees, taxes entry park tickets, and any additional services not specifically stated in the the equipment list of the vessel. If the charter begins or ends at an alternative base (any base that is not the marina in Lazure, Montenegro, which is the homeport for the Vessel) the Client agrees that any berthing charges for the base alternative (marina) do not count in the cost of the charter and that the client is required to pay the fees for berthing in the alternative base together with a one-time cost or base modification fee , as in accordance with the Price List for the Company. Additional Services – Extras Extra equipment and services that require an additional payment must be made (hereinafter”Extras) according to the current price List (e.g. an auxiliary engine, one-way alternatives transfers, transfers, gennaker skipper, etc.) must be requested by the Client and agreed to prior to the booking confirmation. Client can request the an increase in certain Extras after booking confirmation in which case the Company will make every reasonable GENERAL Terms and Conditions for the YACHT CHARTER 2 to offer the newly requested Extras at the pleasure of the Client and will notify the Client whether it is possible to enhance the booking by adding additional Extras that the Client has requested or not. The Client acknowledges that the Company is not required to supply newly requested Extras at the present time. All Extras have to be approved by both parties in writing at least 10 calendar days before the commencement on the date of charter. The Crew list and arrival Dates The Client has to send an appropriately filled crew list not more than 10 days before the charter’s first day. The Client accepts that he/she is the primary contracting party of the Company and that the Client is accountable for guests who are on the boat. It is also recommended to provide an estimated date of arrival at minimum 10 days before the day on which charter begins to allow the staff at base to plan the an easy check-in manner as they can. If the client has booked the transportation (e.g. from the airport) Then sending the complete information regarding arrival and departure at minimum 10 days prior is mandatory. The client is accountable to ensure the correctness of all crew list information and also for the validity of all visas, passports licenses, as well as other identity documents. Particularly, Client acknowledges that the sailing license is an extremely significant document to be carried on board and is legally accountable for its authenticity and reliability. Cancellation by Client If that the Charter of the vessel booked be cancelled by the Client whatever the reason could be and for whatever reason, the Client is responsible to notify the Company via email of the cancellation immediately. The Client will be charged for the cancellation, in the amount of at least 50% total rate of accommodation when the cancellation is made within thirty calendar days before the start date of accommodation. – up 100 percent of total accommodation cost in the event that the cancellation was made within 30 calendar days prior to the date of commencement of accommodation. at a maximum of 0% total accommodation cost when the Company or the client has been able to find a new client during the period of cancellation. The date of receipt notification of cancellation written in writing will serve as the basis for settlement of the specified cancellation fees. In exceptional circumstances, if the cancellation for a yacht charter reservation occur due to an Act of God, i.e. legitimate, serious and objective reasons that are stated and verified by the Client (death in the immediate family, sudden serious illness, a major accident and so on. ) The Company can permit the Client to make use of the payed amount to prepayment for their next booking within a one year. In this type of cancellations are also situations where the Client is not there to the check-in (non-show-up scenario) or if the Client has to leave the Vessel before the agreed time of departure (earlyabandon situation) In all instances, the 100% cancellation fee is charged and the Client has no right to any refund. Cancellations made by Company If the reservation is cancelled by Company in this case, the Company will provide the Client with the following options:) the reservation of a different vessel from its fleet or another that is similar in size and featuring similar characteristics, if it is possible. In the event that the vessel booked is less expensive than the one originally booked, Company will also reimburse the difference in price as per the price lists of both vessels and applying the same discounts that were agreed to Client in the initial booking. In general, in the event of switching to another vessel these Terms will apply for the newly booked vessel in line with. or 3 3.) the full reimbursement of any amount due to Company is due directly from Client for the vessel. Client acknowledges that where severe damage to the vessel occurred in the past charter, or as a result of incidents such as those caused by God, Company is objectively not responsible for the damage and therefore Client must strive to cooperate in coming up with a suitable solution in the circumstances. Security Deposit Prior to taking control of the vessel, the customer is required to pay a security fee (hereinafter the term “Deposit”) in the amount specified by the current price List of the Company. The Deposit may be paid as cash or by any of the credit card accepted by the Company. Following the conclusion of the yacht charter, the entire Deposit will be returned to the Client regardless of whether any damage to the vessel or equipment loss has occurred or the crew or the client were not acting in conformity to these Conditions. If, however, damages or breaches of these Terms has occurred, then Deposit may be held in a partial or full manner in accordance with the size of the breach or damage If there is an even greater breach or damage Deposit is retained at its full value and the Client will have no claim to reimbursement. In the event of an incident that is less serious, or a breach, Company will keep the amount necessary for repair and replacement of lost or damaged equipment and the cost of intervention and $100 EUR of handling charges and the remainder of the Deposit will be refunded to the client. If the Vessel cannot be able of going to the next charter due to damage incurred, only the entire Deposit will be taken because Company has expenses related to remuneration for the next customer. Deposits are required when the client hires an experienced skipper from Company. In such cases, the Deposit is not able to be used to cover expenses resulting from the skipper’s negligence or bad management of the vessel or the equipment. If the damage occurred because of the gross negligence by the Client or any other behavior like sailing while under the impaired by alcohol or illegal drugs, or sailing alone or sailing during prohibited times or outside of areas approved for sailing or taking part in regattas with no written permission from the Company or similar violations of these Conditions, the Client will be held accountable beyond the sum of Deposit which includes costs associated with repairs and remunerations due to lost charter revenue during the following weeks. In such instances, the client must pay for the costs without delay and at the latest within 30 days after the expiration duration of their charter. In the event of equipment being lost like a dinghy, an outboard engine, or similar items, the client is accountable for Company for the total cost of the item that was lost. The cost must be paid in full to Company after 7 days of the date of expiration that charter. Risk of use of the Yacht and insurance client fully takes on all the risks associated to the yacht charter and any damages that could occur to the Client and/or the crew members as a result of the use of the yacht. In particular, the client accepts the sole responsibility for use of the Yacht, and releases any and all responsibility of Company even in the event of a situation that could result in accidents and injuries to the Client or crew members regardless of the cause of their happening, as well for any potential damages to the Crew members’ and/or the Client’s personal belongings and in situations that the personal belongings go missing or stolen, either during the yacht charter or following the Yacht check-out. All vessels are insured on their hulls, and are covered by necessary insurance policies for personal injury and damages to third party. The sails aren’t covered under insurance and the customer has to pay for any type of sail damaged. The insurance policy does not cover any damages to the Personal property and belongings of the Client that are brought to the vessel, as well as any intentional damage nor any damages resulted from Clients negligence. It is highly advised that when booking, the Client and all crew members sign an appropriate travel and health insurance for their travel arrangements. 4 Retaking the Vessel or Check-in Client must, on the day of taking control of the vessel, to present to the representative of the Company the verified voucher that contains the complete details of the Client’s information and charter reservation, as well as an understanding of the original copy for the skipper’s licence. Additionally, identification documents (e.g. passports) of each guest aboard must be presented in order to verify the list of crew members. At the time of transfer of the vessel, the Client will review the inventory list with the representative of the Company assuring the state of the vessel with his signature. The same procedure should be carried out with instruments aboard. Any future complaints by the Client will not be considered if the Client verified that the vessel was in good working order and the equipment on board was in good working order and working properly. The possibility of concealed defects and the inaccessibility of equipment that the Company did not know about prior to the taking-over of the Vessel are not grounds for the Client to demand a discount on the charter price. If any of the Vessel’s components become damaged or disappear in the past charters and if it becomes impossible to acquire the replacement parts before the time of the renewal in the event that their loss doesn’t negatively impact the safety of navigation It will not be feasible for the Client to cancel the charter, or request a reduction in the cost of charter. The Client acknowledges that these situations do not fall under the control of the Company and are the result of the damages caused by a previous customer. The Vessel is expected to be delivered with a full water and fuel tank, and is been returned to its base of charter in the same condition as it was when it left with full tank of fuel and water. Because Vessels are expensive assets and a certain amount of competence is required to manage the vessel, Company may require from the Client (or the skipper) to show their skills at navigation in the présence of an official from Company. The cost of the demonstration (if there is one) will be borne by the Client. The time to conduct the test shall be included during the charter period of the vessel. If it is believed that the client (skipper) is not competent sufficient, Company will assign an authorized skipper. The cost for this service are to be paid by the client in accordance with the latest price List. If the Client does not accept the skipper assigned, he/she is not allowed to sail out. The contract will be immediately terminated, and the amount paid will be retained without the right to reimbursement. Returning the vessel or Check-out In the event that the vessel is returned and checking the vessel in accordance with the inventory list The fuel tank must be checked as well. If the tank’s fuel level is not filled the client must cover the cost of fuel (calculated in accordance with the motor’s maximum consumption for a specific time periods) plus a 50 EUR service charge. In addition, the Client must pay for any damages to a vessel as per these Terms, in the event that damages are discovered in the course of examining the vessel in accordance with section “Safety Deposit” section. In the event that the vessel is returned in a satisfactory condition and has a fully stocked water and fuel tank The entire Deposit must return to the client. If the Client decides to return the Vessel to the port that isn’t specified on the agreement as the port of destination The Client is responsible for the entire cost of the transportation of the vessel to its port of destination, including any remuneration expenses for the next customer of the Vessel as well as the penalty that is 300 EUR. If the Client is in arrears, he/she is fined. Every delay that exceeds 3 hours is subject to fines with double the daily charter cost and all charges resulting from the inability of the vessel’s delivery to the next client. The delay due to weather conditions isn’t justifiable as it is required to ensure that the vessel is at a reasonable distance from the base of charter for the final 24 hours prior to when the end of the charter. If the Client wants to extend the duration of charter, no matter what the reason it is imperative to immediately inform Company about the reason for wanting to extend it. The Company will then inform the Client if the desired extension is possible or not. And should the prolongation be likely and is confirmed and the client has paid for it Company will prepare all required documentation for the additional days. Sailing Area The area of sailing on the Vessel is located within its territorial waters within the Republic of Montenegro. 5 Damages sustained during the yacht charter If any damages occur during the charter and it is repaired within 24 hours of the time of the notification from the client to the Company and Company, the Client does not have the right to claim any reimbursement. If the repair of the damage took longer than 24 hours or the injury was severe enough that the Client was unable to be able to use the vessel and was unable to use the vessel, then Client may request reimbursement on a the pro-rata rate for this time. The reimbursement can only be granted when the damage is a company’s responsibility. Company or a faulty maintenance that was not up to the industry standard. If the damage cannot be fixed on the site and an urgent return to base of charter was necessary repairs should be planned to ensure that the vessel will be repaired in sufficient time so that it can be used by the following client. Costs for lost days will be reimbursed only when damages were caused by Company. In other circumstances, the Client will not be entitled to any reimbursement for the stated cost and is liable to pay any additional costs incurred in the search for the new vessel. If major damage, engine problems and loss of the vessel injuries to the person, and similar events occur, the client is responsible for contacting the Company immediately and obtain official minutes and a certificate of the incident from others (e.g. port authority, physician, authorized expert, etc.). Damages that were not reported and are not recorded in the minutes are deemed to be a result of the negligence of the client and in that scenario, they will be compensated by the client. Obligations of the Company company shall ensure that the vessel is in good working order clean and in good order, with fully full water and fuel tanks. The Company shall organize and manage check-in and out service at base in accordance with normal industry standards and procedures. In the event of any specific or additional demands of the customer (e.g. earlier check-in, longer explanations during check-in, special needs… etc.) The Company will try to address any issues to the satisfaction the Client however, the Client acknowledges that the Company is not responsible for any of these issues. of the Company and is not entitled to demand a reimbursement if the special requirements were not met or were only fulfilled partially. If it’s not feasible to deliver the Vessel in the earliest timeframe of 4 hours from the scheduled check-in date, the Client has the right to demand payment due to overdue, calculated on a the pro-rata rate (proportional to the charter period and the amount of charter fees paid). If a delay that is longer than 24 hours then the Client may request a different vessel with the Company with the same dimensions and features. If a suitable substitute vessel is not found The Client may request the amount of the refund that is in proportion to the number of days during which the vessel available. The obligation of the company to make a payment greater than the amount received for the booking is not a part of it. The Company cannot be held accountable in the event of delays due to Force Majeure (e.g. earthquakes storms, floods and fire, or other natural disasters such as civil wars, wars, strikes, terrorism, etc.) or due to severe weather conditions. The Client’s liability is not limited to in addition to the obligations already mentioned in these conditions and conditions, the client will be held accountable for: – having to be a competent navigator and nautically skilled to charter the vessel or else, he is responsible for allowing a skipper to sail in accordance with the current price List or the Price List of the Company and to possess all necessary licenses for operating the vessel, in the case of bareboat charter, not to release the vessel to any third party, not to carry persons or cargo for commercial use and not to engage in commercial activity of the vessel – to keep the exact number of people aboard and the precise number of people according to the crew list, to maintain the crew list together with the proof of residence registration and ship documents throughout the duration of charter, – to immediately notify the Company about any changes in the number of crew members or passengers and to comply with the laws of the host country and not participate in any regattas or contests without prior consent from the Company and to adhere to the obligatory control intervals throughout the course of the cruise, and when towing is required the vessel, to award a prize for rescue prior to the acceptance of help, to follow all safety measures to ensure that the vessel in good working order and prevent any damages or towing or its cargo. – to not leave the port in the event that the wind force forecast was more than 25 knots or if port authorities have had issued a ban on leaving the port, thereby avoiding excessively burdening sails, masts and ropes, i.e. to sail in accordance with the conditions of the weather and design the route of navigation careful, so that 2 days before the arrival date, the vessel is about 40 NM far from the base of check-out charter and not to sail in the night without prior permission from the Company and not to sail on a single-handed basis without the prior approval of the Company and to notify the manager of the charter base about the exact location of the Vessel when there is severe storm conditions (gale-force wind) and to avoid a costly and unnecessary searching for the vessel or its location, and – to ensure that the Vessel is not operating the vessel under the intoxication from alcohol or other illegal drugs, and not to consume or possess any illegal drugs aboard and not to create excessive noise in harbors, marinas and other mooring spots as well as to respect the privacy rights and the right to sleep at night of the residents of neighbouring houses and vessels, – not to engage in fishing or other submerged activities that require a valid license to engage in such activities, not to bring pets (dogs or birds, cat, etc.) or other animals.) onboard without the written permission of the Company. The Company warrants the joint responsibility of all crew members i.e. guests aboard. Any and all consequences resulting from the Client’s crew or guests in breach of the above obligations constitute the shared and multiple liability of the client and guests/crew members on board. If there is a infraction of the clauses mentioned above or any other obligation of the Client and his guests/crew in accordance with these Conditions and Conditions, the Company is entitled to recover from the Deposit of between EUR and the entire Deposit, based on the severity of the breach and also to claim compensation for the full amount of damage incurred. Complaints and complaints must be submitted in writing at the time when the vessel is taken over (check-in) and only. They must be signed by both the client along with the representatives for the Company. The complaint will be dealt with by following the procedure in the event of complaints about cleanliness The Company will examine the matter and, if it is determined that the complaint is legitimate arrange additional cleaning tasks to address the issue. If there is a case for this type of complaint there is no financial reimbursement. In the event of minor reported defect or damage that do not significantly impact the security of navigation and navigation, the Company will examine the matter and, if the complaint is legitimate, arrange for feasible actions to address the problem. The client acknowledges that despite the best efforts of the team, it could happen occasionally that it won’t be possible to rectify the issue within a specific time frame due to objective reasons. In general, when it comes to minor issues, there is no refund of any kind. 7 – If there is an issue that is more serious or has been reported as damage that severely affect security of navigation or security of navigation, the Company will investigate the problem and, if the complaint is legitimate and justified, will take all steps to address the issue within the shortest time possible. Depending on the amount of time needed to address the problem, Client will be remunerated in accordance with the relevant terms of these Conditions (see section: Liability that the company). In the event of serious problems that could have objectively not been identified during the check-in process, but which were documented in accordance with Section “Damages during yacht charter” The Client could be entitled to an indemnity as of the time of check out. If this happens, he needs to make a formal complaint with both parties signing it along with the relevant documents. If the Client’s issue was raised but was unable to be resolved at the time of check-out then it must be addressed by writing in the period of 14 days, or it will not be considered. The Company will review the complaints and attempt to resolve the issue quickly and in a equitable manner. The Company will give an official response to the Client within the shortest period of time and, ideally, within 30 days after the date of receipt of the complaint. Jurisdiction Both parties will endeavor to settle any dispute in a calm and peaceful way. If the parties aren’t capable of reaching an agreement with each other and the Izmir court located in Turkey, Izmir has the power to resolve their disputes.