Booking terms and conditions–Ultra yacht Charter Croatia

Booking Charter conditions

1) PRICE, CHARTER BOOKINGS AND TERMS OF PAYMENT

1.1. The price for yacht charter (accommodation rate) includes VAT on accommodation, the use of vessel and equipment according to the applicable Price list, bedlinen, auxiliary rowboat, gas, autopilot, GPS, usual services provided by the Charter base at the time of check-in and check-out, mooring expenses in the registry port.

1.2. Yacht charter price does not include fuel, marina and mooring expenses in ports outside the registry port, port taxes and other fees such as national park entry fees, food and beverages, tourist tax.
1.3. After the yacht charter reservation has been confirmed, which is valid only if provided in writing, the payment is to be made as follows:

35% in the period of 7 days after the booking is confirmed
65% not later than 30 days before the commencement of the accommodation
Taking the boat into possession is effective once the payment in full has been completed.

If you fail to make the 35% advance payment to the scheduled date after the receipt of dunning letter sent by Ultra d.o.o., the stated company shall be entitled to cancel the booking.
Upon the payment of the 35% booking rate, the Client agrees to these General Terms and Conditions for Onboard Accommodation Service and vessel features. Everything published under these conditions is a legal obligation for both parties under this Agreement
1.4. Additional services shall be charged according to the applicable price list ( transfers from the airport, auxiliary engine, spinnaker, gennaker, one-way fee, etc.) and they must be confirmed in writing not later than 7 days before the embarkation.
1.5. Should the Client request from Ultra d.o.o. engage a skipper and/or a hostess, this must be specified when the booking has been confirmed.
1.6. The copies of the navigation licence and VHF certificate must be submitted at the time of booking, and the crew list will be required not later than one week before the commencement of accommodation service. It will be useful to send the notice on the hour of arrival and the flight number should the Client arrive by plane one week before the commencement of the accommodation service onboard.
1.7. Tourist tax in the amount of 1,33 EUR (10 HRK) per person/per day must be paid after the confirmation of the Crew list in the marina base.

2) YACHT CHARTER CANCELLATION

2.1. In the event of the Client's cancellation of the booked accommodation onboard due to any reason whatsoever, he/she shall be obligated to notify Ultra d.o.o. thereof in writing and, in respect, he shall be charged for amend as follows:

up to 35% of the full accommodation rate if the cancellation has been done more than 30 calendar days prior to the starting date of accommodation.
up to 100% of the full accommodation rate if the cancellation has been done less than 30 calendar days prior to the starting date of accommodation.

2.2. The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges.
2.3. In case of impossibility to issue the vessel by Ultra d.o.o. for justified reasons (major damage to the ship during previous bookings), the client will be provided:

a replacement vessel with the same or similar characteristics and equipment without delay,
or refund of 100% of the paid amount.

2.4. In the event of damage or loss of any parts of the vessel during the prior accommodation for which suitable repairment was not able to be done in time (i.e. long delivery of spare parts etc.) and which are not essential for the navigation safety, The Client shall not be entitled to any cancellation of the accommodation service or to demand the reduction of the accommodation rate.

2.5. Ultra d.o.o. is not liable for damages in the event of reservation changes or cancellation due to situations such as war, riot, strikes, terrorist activity, exceptional sanitary conditions and precautions, natural disasters, interventions of local authorities, etc.

COVID ADDENDUM TO ARTICLE 2.1 (valid for new bookings, from 01.01.2021 until further notice)

Ultra d.o.o. offers the following options in regards to travel restrictions:

100% refund of received payment in case of closed borders
Voucher/rescheduling to a new charter period, vessel, or base in 2024 according to the valid pricelist, in case of a mandatory quarantine which cannot be avoided by PCR testing. Received payment will be regarded as a downpayment for the new charter period.

3) DEPOSIT AND INSURANCE

All our vessels are covered with Kasko deductible franchises up to the deposit amount according to the Price List for the current year. The insurance policy covers Compulsory Passenger Insurance and Compulsory Third Party Insurance. Personal property of passengers is not covered with insurance and any damage incurred due to gross negligence, or with the plain intention by the Client, shall not be subject to insurance compensation.

3.1. Safety deposit - Before the delivery of the vessel, the Client is expected to pay the security deposit in cash or by credit card (Visa, MasterCard ) in EUR currency. After completing the accommodation of clients on board, the security deposit shall be reimbursed in full, unless any damage on the vessel or damage or loss of any item of the vessel equipment has been found. Otherwise, the deposit shall be kept in the equivalent value of the repair or the purchase value of the damaged and/or lost equipment.
If a skipper is engaged by Ultra d.o.o., the Client will be required to pay the security deposit as well. In that case, the paid deposit cannot be used to cover any damage incurred due to the skipper’s negligence and poor navigation of the vessel and equipment.
* for regattas double deposit price will be charged

3.2. Damage waiver (No-return security deposit) - It is possible to require the payment of no-return deposit according to the applicable Price List.

3.3. Should the Client wish to undertake sailing out of the boundaries of the territorial waters of the Republic of Croatia, he shall be required to inform Ultra d.o.o. thereof as soon as possible in order to additionally secure the vessel on time. The Client shall be charged for the said costs and expenditures. The information about the sailing out of the boundaries of the territorial waters of the Republic of Croatia is to be confirmed in writing timely, but no later than 45 days prior to the starting date of the accommodation service period.

3.4. Sea damage and major breakdown

If during the accommodation service period any damage has been incurred due to normal wear and tear, the Client shall be entitled and obliged to provide any repair up to the value of EUR 150.00, which shall be reimbursed to the Client after the redelivery of the vessel to the base.
If the breakdown has been removed within the period of 24 hours, the Client shall not be entitled to require any reimbursement.
If the damage cannot be removed along the way and requires the returning of the sailboat to the base, an early return of the vessel shall be organized in order the vessel can be repaired and timely prepared for the next accommodation service. The Client shall be entitled to the reimbursement proportional to the number of lost service days if the breakdown onboard has been incurred due to the fault of Ultra d.o.o. Otherwise, the Client cannot expect the compensation of costs thereof and he shall be required to compensate any additional costs related to the finding of a substitute vessel.
In the event of major damage and sea damage, loss of the vessel, injury to persons, the Client shall notify Ultra d.o.o. thereof and shall strictly adhere the instructions of the representatives of Ultra d.o.o.

The damage that has not been reported shall be considered as caused fully by the Client, therefore, due and payable by the Client..

4) VESSEL DELIVERY PROCEDURE (CHECK -IN)

4.1. The vessel delivery takes place on Saturday from 5 pm.
4.2. The Client shall deliver a verified original boardpass/voucher with all the Client's data and the accommodation service period along with the original navigation license, i.e. the VHF certificate to the representative of Ultra d.o.o.
4.3. The vessel must be delivered with full fuel and water tanks and it is expected to be returned in the same condition as first delivered.
4.4. During the vessel delivery procedure the Client will be required to inspect the inventory along with the representative of Ultra d.o.o. and confirm the condition of the vessel with his signature. The same procedure shall be referred to the devices onboard.
4.5. Any subsequent complaints will not be accepted, provided that the good working order and the full equipment of the vessel have been established and signed during the delivery procedure.
4.6. Any possible concealed defects or deficiencies of the vessel, which could not have been expected by Ultra d.o.o., shall not entitle the Client to claim for the reduction of the accommodation rate.
4.7. Ultra d.o.o. may request from the Client to demonstrate by navigating the vessel his/her competency to sail the yacht in presence of Ultra d.o.o. representatives. The costs associated therewith shall be borne by the Client and the testing time shall be included in the period of accommodation on the vessel. If, after inspection, Ultra d.o.o. is of the opinion that the Client is not, or may not be competent to be in charge of the vessel, an official skipper shall be engaged and the Client will be charged for his services according to the Price List. Should the Client refuse to accept the designated skipper, he shall be prohibited to leave the port, the Agreement shall be terminated and the paid accommodation rate shall be kept without the right to compensation of damage.

5) REDELIVERY OF THE VESSEL (CHECK - OUT)

5.1. Disembarkation takes place on Saturday no later than 9 am, with obligatory return to base for technical check out on Friday by 6 pm.
5.2. At the time of redelivery of the vessel, the items of the inventory list must be checked as well as the fuel tank. The Client agrees to submit the bill of the last tank filling service. If the fuel tank is not full, the Client shall be charged for the missing fuel enlarged for the tank filling service, and for damage up to the sum of the security deposit, if any have been found during the vessel inspection.
5.3. If the vessel is returned in the same condition, the deposit is refunded to the Client.
5.4. The client is obliged to return the vessel with emptied fecal tanks and the closest 10NM from the shore.
5.5. If the vessel is not returned to the agreed destination port, the Client shall pay all the costs for the vessel transfer to the destination port designated hereunder and the penalty, as prescribed, for any delay that may have been incurred.
5.6. Any delayed redelivery of the vessel due to weather conditions shall not be acknowledged, for it is necessary to keep the vessel during the last 24 hours of the accommodation service period at an adequate distance from the charter base. Any delay longer than 1 hour shall be charged at the double rate of the daily accommodation service as well as any costs resulting from the inability to deliver the vessel on time to the following Client.
5.7. In case the Client for any reason wants to extend the stay onboard they must notify Ultra d.o.o. thereof in order to check out the further availability of the vessel for accommodation and to obtain the necessary documentation (charges for additional days, crew list extensions, registration of foreign nationals to the Tourist Board etc.).

6) LIABILITY OF CLIENT

The Client undertakes:

to be capable and competent to sail the vessel (Otherwise, he shall be obliged to accept a skipper provided by Ultra d.o.o. according to the Price List)
to ensure skipper and/or hostess have a cabin each, if they are contracted through Ultra d.o.o.
to leave a security deposit even if skipper is hired. The client is not liable for damages that arise from the skipper’s navigation.
to have all original navigation licenses
not to surrender the vessel to the Third Party
not to carry persons or goods for commercial purposes
not to accept more passengers onboard of the vessel than it is specified in the Crew list
the Client (lease-holder) shall guarantee his being jointly liable for all crew members
the Client shall keep the Crew list and the residence registration certificate along with the vessel's documentation for the duration of the accommodation service period
to notify Ultra d.o.o. of any changes relating to the number of crew members or passengers made during the accommodation service period
to comply with the law of the host country;
not to participate in competitions and racing regattas without the prior written consent by Ultra d.o.o.
not to sail at night without the prior written consent by Ultra d.o.o.
not to operate the vessel under the influence of alcohol or drugs
the Client shall immediately inform representatives of Ultra d.o.o. following their instructions in the event of sea damage or major breakdown
the Client shall follow the compulsory control intervals of propulsion engine during the accommodation service
the shall contract the rescue fee before accepting the assistance if any towing services are necessary
to take all the preventive measures to keep the vessel in the same condition as first delivered to avoid any towing situations
not to leave the port if the expected wind power is greater than 25 knots, or the port authorities have already issued a prohibition for leaving port
to plan carefully the navigation route so that 2 days before returning to the port of destination the vessel shall have been located at the approximate distance of 40 NM from the said port
to avoid night sailing due to safety reasons
in case of rough weather conditions (gale-force wind) he shall notify the representative of Ultra d.o.o. of the exact location in order he may receive any needed assistance or to avoid unnecessary and costly vessel search operations
not to engage in fishing and submarine activities without valid licenses
depending on weather conditions to avoid unnecessary strain on masts, sails, and ropes
not to embark any pets (dogs, cats, birds, etc.) without the prior written consent by Ultra d.o.o.
to empty septic tanks at the open sea, i.e. on the minimum distance of 10 NM from the nearest land
not to light a fire in the open
that during their stay they will not pollute the Adriatic Sea with plastic and other non-degradable materials
that it will not disturb the protected animals of the Adriatic (monk seal, dolphin, etc.)

7) LIABILITY OF ULTRA d.o.o.

7.1. Ultra d.o.o. shall be obliged to deliver the vessel with valid boat documents and fully insured, in good working order, cleaned and with full fuel and water tanks.
7.2. In case of inability to deliver the booked vessel at the arranged time:

the Client shall be entitled to request the refund on account of such, as the maximum, 24-hour delay, in the amount equivalent to one day of accommodation, but in case of any delay exceeding 24 hours the vessel of equivalent or similar features will be delivered to the Client.
Should the Client not wish to accept the substitute vessel, but decides to wait for the delivery of the booked vessel, he may claim for the sum equivalent to the number of days of the vessel being unavailable.
Any liability of Ultra d.o.o. in excess of the accommodation rate hereunder is excluded.

7.3. Ultra d.o.o. shall not be liable for any delay incurred due to the Force Majeure or rough weather conditions.

8) COMPLAINTS

Notice of written complaint is publicity displayed at the reception office of Ultra d.o.o. and under the Consumer Protection Law. Complaints are accepted only in writing:

A written complaint is sent to the official address: booking@ultra-sailing.hr
A written complaint can be filled out at the reception office upon check-in
A written complaint can be filled out at the reception office upon check-out.
Ultra-sailing d.o.o. is obliged to respond to the complaint within 14 days of receipt and keep the documentation for a period of one year
Complaints made after using the service will not be considered

9) JURISDICTION

Any dispute hereunder, which the Parties have not been able to settle amicably, shall be decided in accordance with Croatian law. The court of jurisdiction is the court in Split.