1.1 DLS = Eli Inzenjering doo trading as DLS: ‘Contract’ = Charter Contract
1.2 All definitions as given on the Booking Form (which shall be deemed in every respect to form part of these conditions) shall apply in these Conditions. In addition the term ‘Charterer’ shall include, where appropriate, all or any of the members of the crew and any person from time to time on board the Yacht, for whose acts or omissions the Charterer shall also be liable.
2.1 The Charterer shall pay to DLS the Deposit upon returning the Contract within the required time stated on the Contract at which time these Conditions shall become binding :
2.2 Not less than 30 days prior to the Commencement Date the Charterer shall pay to DLS the balance of the Charter Fee. If the Charterer fails to do so, DLS may treat the booking as cancelled and seek to charter the Yacht to another person. If the Yacht is not re - chartered for the whole of the charter period, then one half of the total Charter Fee will be payable by the Charterer. In all circumstances DLS will be entitled to keep the Deposit.
2.3 In the event of the Charterer cancelling the booking more than 30 days prior to the commencement date, DLS will be entitled to keep the Deposit and refund any balance to the Charterer.
2.4 In the event of the Charterer cancelling the booking within 30 days prior to the commencement date the charter fees are not refundable. If DLS is able to re-charter the Yacht for all or part of the charter period, a proportion of the charter fee may be refunded at the discretion of DLS.
2.5 DLS may cancel the booking at any time upon repayment to the Charterer of all sums already paid.
3 Security Deposit
3.1 The Charterer shall pay the security deposit by cash, cheque or credit card no less than 7 days before the start of the Charter Period to DLS. This deposit must be available as cleared funds by the commencement date, as security against the Yacht not being returned in good condition and towards any loss or damage to the Yacht occurring during the Charter Period which is the responsibility of the Charterer, and against any loss or damage suffered by Impression due to any breach of this Agreement by the Charterer but without prejudice to any claim over and above the Security Deposit which DLS may have.
3.2 The Security Deposit or any balance remaining shall be returned to the Charterer within 14 days of the return of the Yacht to DLS or in any case of dispute, upon the determination of the dispute.
4 Charter Period
4.1 The Charter shall commence on the Commencement Date and end on the Return Date but these conditions shall remain in force until the return of the Yacht in a condition satisfactory to DLS.
4.2 In the event of the Yacht being unavailable on the Commencement Date DLS will endeavour to replace the Yacht with one of as similar type and specification as possible, to a value up to the total amount of the charter fee paid for the original yacht. Any discrepancy in the charter fees to be met by the Charterer. If a replacement yacht is not available DLS will refund the Daily Charter Fee for each whole day of the delay and after two days the Charterer may cancel the booking and DLS will refund the whole Charter Fee and the Security Deposit. DLS accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.
4.3 The Charterer shall return the Yacht to the Home Port on the Return Date at the stated time free of indebtedness and clear of all personal gear. Time shall be of the essence as far as the Return Date is concerned. For each day or any part of a day that the Yacht remains in the possession of the Charterer the Charterer shall pay twice the Daily Charter Fee. The Charterer shall inform DLS if during the Charter Period it shall become apparent (or possible) that the Charterer will not be able to return the Yacht on the Return Date but such notification will not affect the Charterer’s liability for failing to return the Yacht on the Return Date.
5 Acceptance and Condition
5.1 The Charterer shall be given the opportunity for a period of two hours to inspect the Yacht, its equipment and to check the Yachts inventory.
5.2 If the Charterer fails to accept delivery of the Yacht at the start of the charter period the Charterer shall notify DLS of his intention to accept delivery later during the charter period. Should DLS not receive such notification they shall be at liberty to treat the Charter Contract as terminated without notice to the Charterer. This shall be without prejudice to the right of DLS to recover any unpaid charter fee and losses so caused.
5.3 Upon return of the Yacht, the Charterer shall leave it clean and substantially in the condition in which it was on the Commencement Date. DLS reserves the right to charge accordingly and deduct from the Security Deposit for cleaning/repairing the Yacht upon its return if it shall not be in a satisfactory condition. Any defects must be reported to DLS.
5.4 DLS shall be at liberty to accompany any Charterer on the Yacht for a trial prior to allowing the Charterer to take possession of the Yacht on the Commencement Date. DLS reserves the right not to hand over the Yacht if after such a trial it shall be of the opinion that the Charterer is not competent to undertake the sailing of the Yacht. Alternatively DLS reserve the right to appoint a skipper, such skipper’s fees being the liability of the Charterer.
6 Charterer’s Obligation
The Charterer agrees as follows:
6.1 That the details provided by him in the booking form are complete and accurate.
6.2 Not to take the Yacht outside of Croatias territorial waters.
6.3 Not to carry any crew other than those persons specified on the Booking Form.
6.4 To secure all gear on board including Yacht’s inflatable whilst cruising.
6.5 Not to leave the Yacht unattended at any time when the Yacht is at anchor.
6.6 In the event of any damage occurring to the Yacht or to any third vessel or party as a result of any collision with the Yacht, not to admit liability to any person.
6.7 In the event of there being any failure of any mechanical gear on the Yacht, to report the same as soon as practicably possible to DLS, not to commence repair work without the consent of DLS and to use the best endeavours to minimise any damage which might have occurred without endangering the Yacht or any of the crew.
6.8 To pay all running expenses and all harbour dues, berthing fees, pilotage fees and the costs of all provisions and fuel and not to do or omit to do any action or thing whereby the Yacht may become liable to arrest or detainment anywhere.
6.9 Without prejudice to 6.12 below, not to sail the Yacht in dangerously bad weather even if this may lead to failure to return the Yacht on the Return Date.
6.10 To pay to DLS any insurance excess out of the Security Deposit and not to do or omit to do any act or thing which may render void the insurance policy referred to in 7.3 below.
6.11 Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.
6.12 To sail the Yacht at all times using his skill judgement and common sense bearing in mind at all times the necessity to return the Yacht on the Return Date.
6.13 The Charterer will not sub-let or part company with the Yacht without the prior written consent of DLS.
6.14 The Charterer will not use the Yacht for any purpose other than private pleasure cruising unless other uses such as racing are specifically agreed in writing by DLS. In the event of an emergency the Yacht may be used to assist in the rescue of persons in peril on the high seas.
6.15 There shall be no smoking below deck by any person.
6.16 The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.
6.17 The Charterer undertakes to comply with all seagoing rules and regulations currently in force. For skippered charter, to obey the reasonable requests of the appointed skipper.
6.18 No animals or pets may be taken aboard.
7 DLS’s Responsibilities
DLS hereby agrees as follows :
7.1 To deliver the Yacht to the Charterer at the Home Port on the Commencement Date in good and seaworthy condition complete with all items stated in the Yacht’s Inventory. For the avoidance of doubt DLS does not warrant that the Yacht is fit for sailing in dangerously bad weather conditions and DLS relies on the Charterer using his skill, judgement and common sense in deciding where to sail and in what weather conditions to sail bearing in mind the Return Date.
7.2 To refund to the Charterer any expenses incurred during the Charter Period by the Charterer in replacing any item of equipment attached to the Yacht or being part of the inventory which breaks down or becomes faulty as a result only of fair wear and tear .
7.3 To insure and keep insured the Yacht against fire and all usual marine and collision risks and including third party risks to such an extent as DLS in its absolute discretion shall deem appropriate . A copy of such insurance policy is available for inspection at the Home Port. In the event of any claim the excess on such insurance policy shall be payable by the Charterer and shall not exceed the Security Deposit. Such insurance policy does not cover injury to or loss of life of any person on board against which the Charterer should insure prior to the Commencement Date. Advice about such insurance is available from DLS upon request. Any other uninsured damage or losses on board the Yacht shall be paid by the Charterer, if necessary out of the Security Deposit. The return of the Security Deposit or the balance thereof after the end of the Charter Period shall not be taken to imply that the Charterer has no further liability to pay any sums to DLS in the absence of an express statement to that effect by DLS.
In no circumstances whatsoever shall DLS be liable for any death, personal injury, loss of or damage to the Charterer or any member of the crew or to any of their property.
8.1 The Charterer shall be liable for any loss or damage arising to the Yacht out of the Charterer’s use, or act of omission, which is for any reason not covered by the Yacht’s insurance, even if such loss or damage is the result of negligence on the part of a skipper provided by DLS.
8.2 If during the charter period the Yacht shall be damaged or there is a breakdown of the gear or machinery not caused wholly or in part by the neglect of the Charterer and the Yacht is unfit for use (at DLS’s discretion) a pro-rata return of the charter fee may be made for the lost time. Engine breakdown in an auxiliary Yacht does not make the Yacht unfit under this agreement.
8.3 No liability or responsibility is accepted for loss or additional expense incurred by accident, sickness strike or stoppage involving personnel not in direct employment by DLS.
9 Termination and Repossession
In the event of it coming to the attention of DLS that the Charterer is in material breach of any of these conditions, DLS may forthwith terminate this Agreement and take whatever steps are necessary to take possession of the Yacht wherever it may be. Such termination and the taking of possession shall be without prejudice to any rights and remedies which may have accrued to DLS prior to the date of such breach.
10 Force Majeure
No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of Force Majeure, including Act of God, strikes, lock out, Act of Government or Authority or any other occurrence whether similar or dissimilar wholly beyond the control of either party.
11.1 The Charterer shall not be entitled in any circumstances whatsoever to assign the benefit of this Agreement to any third party and shall remain liable notwithstanding any purported assignment made by him.
11.2 No action taken by DLS or any failure to act, or time allowed to the Charterer or any failure of DLS to insist upon and enforce his strict legal rights shall constitute a waiver of any of the provisions of this Agreement which shall remain in full force and effect.
11.3 The Yacht’s inventory may be varied without notice by DLS but will at all times meet recommended safety standards. The Charterer may sign to the effect that the list (amended if required) agrees with the contents of the boat.
This Agreement shall be constructed in accordance with the Laws of Croatia and the parties hereby submit to the exclusive jurisdiction of the Croatian Courts.