General rental conditions
About Croatia Yacht Club
Croatia Yacht Club is part of Lacani SAS, the company behind the SamBoat brand. All references to Croatia Yacht Club in these terms and conditions are aligned with the operational practices of Lacani SAS. By using the services of Croatia Yacht Club, you acknowledge and agree that all bookings, payments and contractual obligations are governed by Lacani SAS under the SamBoat brand, and that all communications and operations are managed by SamBoat.
ARTICLE 1 - BOOKING
Payments are made as follows: 30% to 50% at the time of booking, 30% three months before departure, The balance and the options payable to Croatia Yacht Club 6 weeks before departure. Prices quoted at the time of booking are expressed in euros including all taxes, unless otherwise stated.
ARTICLE 2 - BOOKING MANAGEMENT AND AMENDMENT FEES WITH CROATIA YACHT CLUB
A- Setting up and managing the booking is charged €30 to the charterer, unless otherwise specified. B- A change of dates or of embarkation or disembarkation port requested by the charterer, subject to the approval of the owner-charterer, will be charged €60 (for a comparable duration and period). C- A change of boat, subject to the approval of the owner-charterer, will be charged €150 (for an identical duration and period). D- Once the balance of the rental has been paid, any options payable to Croatia Yacht Club that are added or removed are subject to a €30 surcharge.
ARTICLE 3 - TAKING OVER THE BOAT
A- In all cases, the charterer takes over the boat once the full rental price has been paid, the security deposit has been paid and the inventory has been signed. The owner-charterer must hand over to the charterer a seaworthy boat, equipped and insured in accordance with the laws and regulations issued by the competent authorities for the intended category of navigation. The security deposit is paid by the charterer directly to the owner-charterer. B- The description of the boat and of its equipment and fittings is set out in an inventory, which must be handed to the charterer together with the mandatory nautical documents and equipment, the vessel's registration certificate and its safety certificate. The charterer has 24 hours from the takeover to check that the boat and its equipment are in good condition. The owner-charterer undertakes to provide the charterer with a free mooring in the port of disembarkation, except for one-way charters, where port fees for the last night are payable by the charterer. Signing the takeover document constitutes acknowledgement by the charterer that the boat is in good working order and clean, with the exception of hidden defects.
ARTICLE 4 - USE OF THE BOAT - LIABILITY - DAMAGE
A- The charterer undertakes to use the boat with due care and in compliance with the maritime, customs and police regulations of the countries visited. B- The charterer declares that they have the knowledge and experience required for the navigation they intend to undertake, as well as the licences required by the maritime regulations of the country to operate boats. C- The owner-charterer or their representative reserves the right to refuse to hand over the boat if the skipper or the crew do not appear to be sufficiently competent, notwithstanding any references, certificates or licences presented, or for any other reason the owner can justify. In this event, the charterer must accept, at their own expense and at the current rate, the cost of a professional skipper. Failing this, the contract will be terminated automatically without reimbursement of the sums paid. D- In all cases, if a professional skipper is hired for the proper operation of the boat, full responsibility for the boat and its crew remains with the charterer. E- The charterer undertakes to take on board only the authorised number of people. They undertake to use the boat for pleasure navigation only. Any commercial operation, professional fishing, transport, racing (unless an exemption is granted) or other activity is prohibited. The charterer expressly releases the owner-charterer from any liability as owner or otherwise resulting from a breach of these prohibitions and will be solely answerable to the Maritime and Customs Services for any proceedings, prosecutions, fines and confiscations incurred as a result, even in the event of an unintentional fault on their part. If the chartered boat is seized, the charterer will be required to pay the owner-charterer a mandatory contractual indemnity corresponding to the current rental rate. In the event of confiscation, the charterer will be required to reimburse the value of the boat within eight days. F- The charterer is responsible for keeping the logbook, a copy of which is provided by the owner. This document must record navigation information and all incidents and damage relating to the boat and the navigation. G- In the event of loss or damage during the rental resulting from normal wear and tear of the equipment, the charterer is authorised to take the initiative, immediately and under their own responsibility, to repair or replace it, provided that the amount does not exceed 25% of the security deposit paid at departure. This expense will be reimbursed on their return, upon presentation of the invoice, if the damage or loss is not due to the fault or negligence of the charterer or of the people on board. The charterer must consult the owner-charterer for any repair exceeding this amount. H- In the event of serious damage (dismasting, leak, fire, etc.), the charterer must urgently notify the owner-charterer or their representative and the insurance broker and ask for instructions. While awaiting these, the charterer must have a report drawn up by a marine surveyor in order to obtain reimbursement from the insurance company of the sums due to them. If the charterer fails to complete this formality, they may be required to pay all the costs caused by the damage. I- Loss of use resulting from damage occurring during this rental will not give rise to any reimbursement, even partial, of the rental amount, whatever the cause of the damage, unless it is not attributable to the charterer. In this case, a 48-hour excess will apply. J- Subletting and lending are strictly prohibited.
ARTICLE 5 - RETURN OF THE BOAT AND OF THE SECURITY DEPOSIT
A- The charterer must return to the designated port within the time limits agreed in this contract, unless a later amicable agreement is confirmed in writing. On their return, the charterer must report to the owner-charterer or their representative and make an appointment for the inventory and inspection of the boat. The charterer has a free mooring in the port of disembarkation for the scheduled day of return (unless otherwise stated). The time needed for the departure and return inventories is an integral part of the rental period provided for in the contract. B- Each day of delay will entitle the owner-charterer to an indemnity equal to twice the daily price of this rental, whatever the cause of the delay. Bad weather cannot be invoked as a valid reason, as the skipper must take all necessary steps in good time to deal with this eventuality. C- If, for any reason, the charterer is unable to bring the boat back to the designated return port themselves, they must, at their own expense and risk, arrange for it to be guarded and brought back by a qualified delivery skipper after notifying the owner-charterer or their representative in writing. The rental will only end once the boat has been returned to the owner-charterer under the conditions set out above. D- The charterer must return the boat and its equipment in good working order and in an acceptable state of cleanliness, even if a cleaning fee is charged as a mandatory extra. On return, the boat must be tidy, with the dishes clean and put away, the toilets clean and your personal belongings put away so as not to hinder the technicians during the return inventory or any other work on the boat. If the boat is not returned in an acceptable state of cleanliness, additional cleaning costs will be charged to the charterer at the current rate. If the boat is returned in a satisfactory condition and no damage is found, the security deposit will be returned to the charterer no later than one month after the date the boat is handed back. E- If damage to or loss of the boat or of any accessory listed in the inventory is found, the charterer must pay for its repair or replacement with an identical item. For this purpose, a deduction may be made from the security deposit. F- If the damage or loss results from an incident covered by the insurance policy provided for in Article 10, the reimbursement of the security deposit will be deferred until the insurance company has settled the repair and/or replacement invoices. The reimbursement will be made after deduction of the applicable excess and of any incidental costs caused by the incident (telephone, travel, reports, guarding, etc.). G- Croatia Yacht Club cannot be held liable for any disputes between the charterer and the owner-charterer if the latter makes a deduction from the security deposit.
ARTICLE 6 - CONSUMABLES
Engine fuel, cooking fuel, batteries, any port tolls, any breakdown assistance and, in general, all consumables required for the proper operation and maintenance of the boat during the rental period are payable by the charterer.
ARTICLE 7 - AFTER THE CRUISE
Within 5 days of returning from the cruise, the charterer will receive by email a satisfaction questionnaire that they can fill in online.
ARTICLE 8 - TERMINATION BY THE CHARTERER
A- Any cancellation must be notified to Croatia Yacht Club by registered letter with acknowledgement of receipt. The amount of the contractual deposits remains due to the owner-charterer. B- The period for which this contract has been concluded may only be changed with the agreement of the owner-charterer and to the extent possible. C- The deposit will remain due to the owner-charterer if the charterer requests the termination of the contract, for any reason whatsoever. D- The rental amount will remain due to the owner-charterer whether or not the charterer has used the boat during the rental period, whatever the reason for this. E- Cancellation insurance may be taken out by the charterer, for their own benefit and at their own expense, to cover the risks mentioned in paragraphs B and C. F- If the boat delivered is not seaworthy, either because an essential safety item is missing or because it does not comply with regulations, and if the owner is unable to offer a boat with equal or better characteristics, the charterer may terminate this contract and obtain a refund of the sums paid for the boat. The charterer may obtain a refund of the travel costs incurred, upon presentation of supporting documents, up to a maximum of 30% of the value of the contract, without being able to claim any damages.
ARTICLE 9 - TERMINATION BY THE OWNER-CHARTERER
If, as a result of damage occurring during the previous rental or of any impediment beyond their control, the owner-charterer or their representative is unable to provide the boat on the agreed date, they will be fully entitled either to provide the charterer with a boat of equivalent or larger size with the same number of berths, or to refund the sums paid, without the charterer being able to claim damages. This refund will be made in proportion to the number of days of lost use.
ARTICLE 10 - BOAT INSURANCE AND EXCESS
A- The owner-charterer declares that they have taken out an all-risks insurance policy covering the charterer for: - damage they may cause to the hull of the boat, its accessories and fittings, total theft and misappropriation, partial theft and the engine. The charterer remains their own insurer up to the amount of the excess. - third-party claims for material damage and bodily injury (civil liability). B- The insurance premium is included in the rental price. C- The insurance policy does not cover the people carried on the boat against accidents they may suffer. D- The owner-charterer accepts no liability for loss of or damage to the personal belongings of the charterer or that may affect the charterer and their guests. Individual insurance for the people carried may be taken out by the charterer, for their own benefit and at their own expense, to cover the risks mentioned in paragraphs C and D. E- For navigation in the French West Indies and French Polynesia, night sailing is strictly prohibited, unless a special written exemption is granted by the owner-charterer.
ARTICLE 11 - CLAIMS AND DISPUTES
Croatia Yacht Club will consider inadmissible any claim sent to it that was not mentioned to the base manager at disembarkation and notified in writing, either on the inventory or on the satisfaction survey, and signed by the customer. The parties to the contract may submit their disputes concerning the application of this contract to the tripartite conciliation committee, which is an offshoot of the charter management body. If no solution is found, jurisdiction will be expressly attributed to the Courts of Rennes.