When a reservation is made, the customer confirms that he/she is familiar with these Terms and Conditions of Recreational Craft Rental, and that he/she fully accepts them. Thus, everything stated in these Terms and Conditions of Recreational Craft Rental becomes legally binding both for the Lessee and “Uslužni obrt Duje” (hereinafter: the lessor).
An agency or a tour operator may order services for the end user – lessee. In such cases, the provisions of the general terms and conditions shall apply to them, too. All the conditions below are an integral part of the lease, and by sending a booking request you agree to these terms and conditions of rental and use of recreational crafts. The booking and rental of recreational crafts, as well as the business activities of “Uslužni obrt Duje” are based on the laws of the Republic of Croatia.
OBLIGATIONS OF THE LESSOR
The lessor undertakes to provide the recreational craft at the agreed place and at the agreed time, technically proper, in good condition, with the contracted equipment, clean and with full tanks of water and fuel and with valid documents needed for navigation in accordance with Croatian regulations.
The recreational craft must be fully prepared and ready for navigation and must conform with the contractual conditions regarding the quality and category of accommodation capacity and equipment.
If the lessor for any reason fails to meet the above requirements (e.g. the recreational craft is not in working order, the quality of the craft does not correspond to the agreed quality, the craft has not been cleaned, there is no contracted equipment, water and fuel tanks are not full, the vessel does not have documents, and other serious reasons that have not been stated and are of such nature that does not correspond to the contractual terms of the lease or hinder its implementation and threaten the safety of the lessee and other crew members), the lessor must remedy the deficiencies within the below stated periods of time, if possible, and is responsible to the lessee for violation of contractual provisions.
If remedying the deficiencies requires a postponement of boarding of up to 24 hours, the lessee is not entitled to a refund of the rental amount or the cancellation of the lease.
If remedying the deficiencies requires a postponement of boarding of more than 24 hours, the lessee has the right to choose between the following:
- request from the lessor to put at his/her disposal a different suitable recreational craft with the same or better characteristics at the agreed rental amount, or
- request from the lessor to cover the costs of accommodation of the lessee and persons who are listed as crew members in an appropriate facility at the location of boarding until the deficiencies are remedied, or claim a refund of the rental amount for the number of days he/she could not dispose of the recreational craft, and in the event that none of the above is possible and that the offered replacement craft does not correspond to the requirements of the lessee, the lessee is entitled to a refund of the rental amount within 14 days of termination.
The lessee is not entitled to any other claims (travel expenses, accommodation, compensation for lost days and ruined vacation, etc.) against the lessor except those stated in the previous paragraphs.
In case of damage or deficiency of the recreational craft or its equipment, caused due to regular wear, the lessee must notify the lessor immediately.
The lessor must remedy the deficiency, or replace the equipment, immediately upon being notified.
If the lessor remedies the deficiency within 24 hours, the lessee is not entitled to any compensation.
The lessor and the lessee shall not be held responsible for changes or failures to execute the rental agreement caused by force majeure (strikes, sanitary problems, natural disasters that could not be predicted, interventions of local authorities, terrorist attacks, war, fire, explosion, etc.) if the other party was notified in written form or by electronic mail about the circumstances as soon as it was possible.
RECREATIONAL CRAFT TAKEOVER
Recreational crafts are taken over at the agreed location at the agreed time.
The lessee shall be provided with the recreational craft directly by the lessor or by a representative of the lessor only after the full rental amount has been paid.
When taking over the recreational craft, the lessee must give the voucher to the lessor’s representative as proof that the full rental amount has been paid.
The lessee shall be provided with a fully equipped and clean recreational craft, with full tanks of water and fuel, and the same is expected from the lessee when the recreational craft is returned.
During takeover, the lessee shall check the condition of the recreational craft and its equipment in order to establish if the actual state of inventory and equipment corresponds to the existing list, which will then be signed by both parties.
Any potential complaints must be submitted in written form prior to departure.
Any concealed defects and deficiencies of the recreational craft and/or the equipment which the lessee could not have known at takeover, as well as deficiencies and defects that arise after takeover which the lessor could not have foreseen, do not entitle the lessee to request a reduction of the rental amount.
If the lessee does not take over the recreational craft within 48 hours of the agreed takeover time without prior notice, the lessor has the right to terminate the recreational craft lease contract and to retain the collected rental amount as lost profit. In that case, the lessee shall not be entitled to claim any compensation.
Before takeover, the lessor shall he request access to documents from which it is evident that an appropriately trained person shall pilot the recreational craft, and the lessor may request the person to demonstrate their navigation skills by performing maneuvers. If the person who will pilot the recreational craft refuses to perform the demonstration, or if the lessor estimates that the person is not able to pilot the craft properly in accordance with naval practice and conduct at sea and with the aim of preventing accidents at sea, the lessor has the right to cancel the rental and reimburse 80% of the total rental amount to the lessee.
OBLIGATIONS OF THE LESSEE
The lessee and his crew members must possess valid travel documents and cover the costs of any possible loss and theft of documents during the trip.
After taking over the recreational craft, the lessee covers all costs that are not included in price based on the contract, as well as any costs of eliminating damages or deficiencies that arose during the rental period, and that are not a result of natural wear and tear of the recreational craft.
The lessor shall cover the costs of eliminating smaller damages, breakdowns or defects which may occur during the rental period as a result of general wear-and-tear and is necessary for navigation to continue. The lessor shall reimburse the lessee under the condition that the lessee has previously made a written or oral agreement with the lessor with regard to the technical and financial justification of the needed repairs. The costs of unauthorised repairs and replacement of parts and equipment shall be covered by the lessee.
Besides regular daily notes, the lessee must record any damages and/or repairs in the boat’s journal.
If the damage on the recreational craft is caused by force majeure, and the continuing of its use is therefore partially or completely impossible, or if the damage was caused by a third party, the lessee shall not be entitled to a compensation of costs, but only to a refund of the proportionate part of unused lease.
Leaving the territorial waters of the Republic of Croatia is permitted only with prior written agreement of the lessor, and having obtained all the necessary permits and documents.
The lessee shall comply with applicable laws, regulations, customs and other rules, take care of the recreational craft and the associated equipment, and comply with maritime rules and ethics.
The lessee must check the motor oil level every day. Any damage and losses caused by lack of oil in the motor shall be fully covered by the lessee.
The lessee must check weather forecasts on a regular basis to avoid placing the safety of the boat and the crew in danger, and to avoid any possible delays when returning.
The lessee shall not sublease the recreational craft, or allow its use to any third party. The recreational craft shall not be used for commercial purposes, professional and night fishing or the like. Crew members (including the lessee) shall act in accordance with applicable laws and other regulations of the Republic of Croatia and shall respect the rules governing fishing, underwater fishing, and shall not keep on board any items of archaeological value.
The lessee agrees that the lease contract shall be terminated by his fault if it is established that a crew member has violated any of the applicable regulations of the Republic of Croatia, in which case the lessor can immediately take over the recreational craft without the lessee being entitled to compensation for any costs. Furthermore, the lessor shall be exempted from any liability, and misdemeanour and criminal liability shall be borne by the lessee and the crew members.
In case of an accident or damage to the recreational craft or equipment during the trip, the lessee must inform the lessor immediately by calling the phone numbers stated in the documents of the recreational craft, and must take any action prescribed by law and other regulations in case of maritime accidents with the competent authorities of the Republic of Croatia (port authority, police, medical staff).
In case of disappearance of the recreational craft or its equipment, inability of piloting, confiscation of the craft, seizure or measures imposed by the state authorities or third parties, the lessee shall immediately inform the lessee and the competent authorities.
If the lessee fails to perform these obligations, he/she shall be considered fully responsible for all consequences arising therefrom for the lessor, the lessee and third parties.
Pets are allowed on the recreational craft only with prior written agreement of the lessor.
RESPONSIBILITY OF THE LESSEE
The lessee must fully reimburse the lessor for any damage resulting from the actions or omissions of the lessee for which the lessor is liable to a third party, including any material and/or legal expenses resulting from such actions or omissions.
The lessee is expressly and personally responsible for the recreational craft in the event of its being impounded by any official authority due to inappropriate and illegal actions undertaken during the use of the recreational craft in the rental period.
The lessee shall not leave the port or anchorage until the damage or malfunction of any important part of the craft, such as the engine, sails, ropes, puddle pump, anchor equipment, navigation lights, compass, safety equipment and other such equipment, have not been repaired or if some of the aforementioned parts are not functioning properly. The lessee must inform the lessor immediately and follow his instructions.
The lessee shall not leave the port r anchorage without sufficient fuel reserves, and when weather conditions and the state of the recreational craft are generally unsafe or uncertain.
The responsibility of the lessee for any violations of navigation codes and other regulations committed during the rental period does not end upon the expiry of the lease.
In case of an adverse event, an accident, a misdemeanour or a crime caused by the act or omission of the skipper, the skipper and the party that hired the skipper, i.e. the lessee or the lessor shall be held responsible.
The recreational craft must be insured against liability for damage to third parties and by a third party up to the value of the recreational craft (mandatory insurance). The recreational craft must also be covered by traditional comprehensive insurance in the amount of the registered value of the craft for the risks covered under the insurance policy.
The lessee, the crew members and their personal belongings are not covered by any insurance. The lessee is advised to insure all of the persons who will be on board of the recreational craft, as well as their personal belongings.
The lessee must inform the lessor of any damage and/or loss immediately. In case of serious accidents, and if several crafts participated in the accident, the case must be reported to the competent port authority. The port authority issues the necessary documentation upon request.
Damages covered by an insurance policy that were not immediately reported to the competent authorities or the insurance company, and that were not evidenced by all of the required documents shall not be acknowledged in accordance with the terms of insurance. The lessee shall be fully responsible for any such cases.
If the recreational craft is damaged, the lessee shall cover the costs only to the amount of the deposit, in accordance with the existing terms and conditions of comprehensive insurance. The lessee shall fully cover the costs of any damage to the recreational craft and/or the equipment cause by negligence and/or loss of one or more pieces of the equipment.
The lessor and the mediator shall not be responsible for the loss or damage of any belongings of the lessee and the crew members that were stored or held on board of the recreational craft.
RETURNING THE RECREATIONAL CRAFT
The lessee shall return the recreational craft to the agreed location at the agreed time, with full tanks of water and fuel, ready for further use, i.e. in the same condition in which it was taken over.
A complete check of the general condition of the recreational craft and its equipment shall be performed when the recreational craft is returned, as well as a comparison of the inventory and equipment with the inventory list prepared during takeover.
The lessor must be informed if the return of the recreational craft is not possible at the agreed location and at the agreed time for any reason. To prevent any delays, the lessee is recommended to return to the destination port one day before the agreed time for returning the recreational craft, unless it is otherwise stated in the invoice/contract or unless it was previously agreed otherwise.
The lessee shall cover all costs incurred to the lessor by exceeding the agreed time of return.
If the agreed time of return is exceeded, the lessee guarantees to pay the lessor for every delay:
- for a delay of up to 3 hours the daily rental amount
- for every delay of more than 3 hours the triple daily rental amount increased by any additional expenses and lost profit which the lessor suffered due to the delay.
Delays can be justified by bad weather conditions only in exceptional cases.
If the recreational craft is returned to a port that was not agreed as the destination port, the lessee shall pay all costs included in the transfer of the recreational craft to the agreed destination port to the lessor, as well as the prescribed penalty for a delay, if applicable, and the compensation for any damages that occurred during transfer which are not covered by the insurance policy.
The lessee must report any damages and deficiencies to the lessor. If the damage is on the underwater part of the recreational craft, it is necessary to perform a detailed inspection of the recreational craft which includes hiring a diver or a crane at the lessee’s expense.
Until the recreational craft is returned to the lessor, it is considered that the recreational craft is leased by the lessee.
If the recreational craft is not returned with a full tank of fuel, the lessor has the right to charge additional fuel to the lessee.
In case of any damage to the recreational craft, the lessor has the right to keep the security deposit until the full scope and amount of damage are established, but not longer than 30 days from the day when the craft was returned.
No later than the expiry of the latter period, the lessor must notify the lessee of the amount of damage in written form, submit a specification of the damage with the corresponding amounts, and if the amount of the security deposit exceeds the amount of damage, the lessor shall return the difference to the lessee.
If the lessee has not requested or obtained the approval of the mediator and the lessor to extend the rental period, and the lessee has not returned the recreational craft to the agreed location within 24 hours from the deadline for returning the recreational craft, it shall be considered that the recreational craft is stolen, and the competent authorities shall be notified (police and insurance company).
EXTENDING THE RENTAL PERIOD
If the lessee would like to extend the rental period for any reason, he must contact the lessor at least 48 hours before the expiry of the agreed rental period and ask for written agreement on the new time of return and the destination port, otherwise the provisions on delayed returns shall apply.
RIGHT OF LESSEE TO CANCEL RENTAL OF RECREATIONAL CRAFT
If the lessee would like to cancel a booked recreational craft for any reason, the lessee may find a new customer for the same reservation who is ready to take over all of the rights and obligations with the same scope and under the same conditions from the original customer, with prior approval of the lessor.
If the lessee fails to find a new customer, the lessor shall collect cancellation costs in accordance with the following:
- 30% of the rental amount in case of a cancellation 30 days before the beginning of the rental period
- 50% of the rental amount in case of a cancellation 7 days before the beginning of the rental period
- 100% of the rental amount in case of a cancellation 2 days before the beginning of the rental period
In case that a lessee unjustifiably cancels the rental after having picked up the recreational craft, the lessor has the right to collect 100% of the total rental amount and to charge all expenses (including lost profit) which may arise due to the cancellation.
In case of a cancellation due to force majeure, or due to serious personal reasons (death of a lessee or a member of their family, serious health issues, serious accident, etc.) which the lessee must corroborate with appropriate official documentation, the parties shall agree that the amount that was already paid shall not be returned, and that the lessor shall provide the lessee with the same recreational craft or with another recreational craft of similar characteristics on the first available occasion or in the next season. Only if the parties come to mutual agreement that the lessee shall not be able to use the rented recreational craft in the future, the lessor shall return the paid amount to the lessee, or in the case of death to the lessee’s legal heirs after having been submitted the official decision on inheritance.
The refund shall be made immediately upon the establishment of the exact amount that needs to be returned to the lessee, and within a maximum of 15 days from the acceptance of the cancellation. The refund shall be made only to the lessee’s bank account, and the corresponding transaction costs (bank expenses) shall be covered by the lessee.
The lessor shall take into consideration only complaints submitted in written form, signed by the lessor and the lessee, and submitted to the lessor within 15 days from the expiry of the rental period.
In case of a misunderstanding or a dispute the parties shall try to resolve the dispute amicably and by agreement, and in cases where an agreement cannot be reached, the competent court shall be the court in Split, with the application of the law of the Republic of Croatia.
These General Terms and Conditions of Recreational Craft Rental shall enter into force on the date of publication on the website of “Uslužni obrt Duje” or www.dujemaringroup.com. The Terms and Conditions have been prepared in Croatian and in all other language versions of the website, and in case of ambiguity the relevant text shall be the text in the Croatian language.
Uslužni obrt Duje
Duje Marine Group
Lucije Rudan 47, 21450 Hvar, Hrvatska
Vl. Duško Fazlić Ćopić, PIN: 71885320821
GSM: +385 98 907 2169
TEL: +385 21 741 101
FAX: +385 21 717 928