THE PARTIES AND MAIN DEFINITIONS
RentalYachts.com or Website is an online booking system operating under the domain name www.rentalyachts.com;
User is an individual or legal entity who visits Website and/or uses Website for selection and reservation of a boat charter.
User shall not be a person aged under eighteen. By signing these terms and conditions the User declares, under his/her sole responsibility, that he\she is over eighteen and that all personal information provided are true to his\her knowledge.
Agent is a company which owns the on-line booking system RentalYachts.com and provides Users with technical capabilities for reservation of a boat charter.
Operator is a final service provider, a charter company which rents boats for charter and which uses RentalYachts.com as a sale partner and advertising site.
The Booking form contains the name of the specific Operator and of the specific boat in which the User is interested in, information about check in and check out, information about price and deposit, payment and cancellations, list of specific services which have to be paid directly to the Operator before the embarkation, etc. The User fulfills a booking form while making the reservation of the vessel and before the payment.
Please read these Terms and Conditions carefully. You use this website at your sole risk. RentalYachts.com (Boat Rental d.o.o.) makes no warranty that the website will meet the requirements of the User. You acknowledge that by renting a boat charter you are indicating you have read, understood and agreed to be bound by these Terms and Conditions.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. In order to access and retain your electronic records, you may be required to possess certain hardware and software, which are your sole responsibility.
These Terms and Conditions also contain a Sailing Terms and Use of the vessel containing general rules of boat renting.
These Terms and Conditions contain only general rules of using the vessel and sailing terms. Each Operator’s specific rules can be found in the booking form.
In case of dissents between the rules contained in these Terms and Conditions and the Operator’ s specific rules from the booking form, the specific Operator’ s rules are valid.
The User expressly acknowledges that by making a reservation on the website he will enter into a direct relationship with the operator.
The Agent must notify the User of any material changes made of Terms and Conditions 15 days in advance.
SCOPE OF SERVICE
RentalYachts.com is an online booking service through which Operators can advertise and rent their boats for charter where Users can make reservations and payments. RentalYachts.com is the mediator between the User and the Operator and is responsible for establishing contacts between them. RentalYachts.com is responsible for the prompt transfer of information about a reservation to a relevant Operator, proceeding with payments and providing booking confirmation to the User by e-mail. RentalYachts.com publishes information about availability and rates of boat charter according the information received from the Operator. As such, the Operator is fully responsible for correct and in-time updating of this data.
RentalYachts.com is authorized by the Operator to act on its behalf as its limited agent. This means that:
- By signing these Terms and Conditions the User enters in direct contractual relationship with the Operator.
- User's payment obligation to the Operator is fully satisfied by the payment to RentalYachts.com except for the services indicated in the booking form ("Extras") which the User obliges to pay directly to the Operator before the embarkation. Any disagreements by the Operator regarding payment must be settled between the Agent and the Operator.
- RentalYachts.com is not responsible for the non-performance or incomplete performance of the services of boat charter by a particular Operator.
Using this on-line booking service the User enters into direct relationships with particular operators. That means that the User is fully responsible for selection of a particular boat, region of sailing, dates, additional services, etc.
RentalYachts.com provides the User a possibility to communicate directly with the Operator’s boat manager via web-chat as well as to ask him information before and after signing this Terms and Conditions.
The Agent obliges to provide the User with correct information about the watercraft, prices and availability. While the Agent has made every effort to ensure that the information contained in the website is correct at the time of going live, the agent cannot be held responsible for any errors or omissions or any information which may be incomplete, inaccurate or may have become out of date. The Agent confirms that the information about the boats advertised on the Website are in accordance with the information given by the Operator. The operators are fully responsible for updating all rates, availability and other information which is displayed on the website owned by the Agent in accordance with the Agreement stipulated between the Agent and the Operator.
Once the User has paid the charter fee to the Agent, the Agent obliges to book the charter, to transmit the required information to the Operator and make all the payments to the Operator according to the contract stipulated between the Agent and the Operator. The Agent is responsible for making secure payments to the Operator.
The Agent obliges to transmit the information about booking to the Operator. RentalYachts.com (Boat Rental d.o.o.) will charge the User the price of the services contracted via the Website. RentalYachts.com (Boat Rental d.o.o.) will receive the payment made by the User in the name and on behalf of the Operator that will provide the service. RentalYachts.com (Boat Rental d.o.o.) will transfer the funds to the Operator according to the conditions established with the Operator.
After the User completes the full payment the Agent obliges to provide him with a confirmation voucher via e-mail within 24 hours. The voucher contains information about the rented boat and its location, about the payments which have been made and about Operator’s contacts.
The Agent obliges to help the User by giving him information about embarkation.
The Agent will not be present to the boarding.
The User obliges to provide the Agent with all details and information that may be requested on the Website or by the Operator via web-chat.
The User is responsible for the payment, respecting the procedure, periods and quantities stipulated on the Website. The User obliges to abide by the rules of payment.
The User obliges to make use of the online booking system in compliance with any applicable law, regulations and according to the present Terms and Conditions, and accepts all responsibilities that may result from incorrect use.
The User obliges to obey Sailing Terms and Use of the vessel which is part of these Terms and Conditions especially the paragraph Sailing terms and use of the Vessel which you are invited to read carefully.
The User obliges to send the Operator the complete crew list, with full names, addresses, dates and places of birth, nationalities, and ID or passport numbers of all crew members, as well as a copy of a valid sailing license for the Skipper, no later than 4 (four) weeks prior to the start date of the charter period.
PRICE AND PAYMENT
The User can make the payment by card or by Paypal. Using RentalYachts.com is free of charge and it will not charge you for any additional reservation fees to the boat charter rate. The detailed price is stated in the booking form. The price is in euro and includes taxes and VAT. The price does not include extra services indicated in the booking form (,,Extras”) which the User has to pay directly to the Operator before the embarkation. The price can change without prior notice to the User before the reservation.
The price includes: accommodation on technically flawless and clean vessels with full fuel tanks, use of vessel equipment, vessel insurance, home marina berth, license for sailing and vessel concession permit. The price does not include port dues and other dues charged in other marinas, as well as fuel expenses and the cost of other necessities, car parking, and crew health insurance.
The User shall return the boat to the Operator with full tank.
The User is obliged to bear its bank costs.
RentalYachts.com will process all payments and transfer it directly to the Operator which is directly responsible for providing the service.
The User can use the vessels only after he has made full payment. By making the payment, the User confirms that he is fully informed on all characteristics and terms under which the accommodation service on a certain vessel is provided. By making the payment, everything stated in these Terms and Conditions becomes legally binding for the User, the Operator and the Agent.
A purchase conformation and invoice will be sent to the User e-mail within 24 hours after the payment is made by the User.
If the User wants to cancel the reservation he has to contact the Agent through his personal account on Rentalyachts.com or writing an e-mail to email@example.com.
Depending on the cancellation day RentalYachts.com acting on behalf of the specific Operator returns to the User a certain percentage of the payment made.
If the reservation is cancelled more than 40 days before check-in date the following cancellation rules will be applied:
- 50% of charter price is non refundable unless the reservation is cancelled by its operator.
- 50% of charter price will be refunded to the User within 14 business days.
If the reservation is cancelled less than 40 days before check-in date the following cancellation rules will be applied:
- 100% of charter price is non refundable unless the reservation is cancelled by its operator
If the reservation has been cancelled due to death of a close family member, an accident involving heavy injury, a sudden acute condition requiring immediate medical care, pregnancy complications, military exercise etc., the User is allowed to use the paid amount for another time period of the current or the next year. The User is obliged to provide an authentic proof of the accident. Also if this case, RentalYachts.com has the right to charge the User with administrative and other objective costs.
In case of war, unrest, strikes, terrorist acts, sanitary problems, natural disasters, official authority interventions etc., Operator shall not be liable for any modifications and not carrying out the rented services in whole or in part.
In case the User due to any cause is not able to take over the vessel, he can find another client who is willing to be accommodating on the vessel in the agreed period.
Detailed information about cancellation rules for each Operator can be found in the booking form.
Deposit and insurance
All the vessels listed on the Agent’s website are insured by its operators. Vessel insurance covers all maritime risks and third party damages. Personal property of the people aboard is not insured and it is highly recommended to take out a separate insurance.
SAILING TERMS AND USE OF THE VESSEL
The User can use the vessel exclusively in the sea of the Country of the Operator’s seat. The User is obliged not to use the vessel in any area insufficiently covered by charts at his disposal or without having previously studied the charts of the area and other relevant material.
The User can use the vessel by night only with all navigation lights in function or with an adequate watch on deck. The User shall not leave the port or the anchorage if the harbor authorities have prohibited sailing or while the vessel has unrepaired damage to any of vital parts. The User shall not leave the port without sufficient reserves of fuel or when weather conditions, condition of the vessel or of the crew are doubtful.
The User undertakes that he or a person who will accompany him is in the possession of a valid navigation and VHF license. The User guarantees to the Operator that he or a person who will accompany him is qualified to operate the rented vessel safely without regarding weather conditions or other circumstances which may affect the security of the vessel and the crew. The User takes full responsibility for the vessel, the equipment and the crew. The Operator can determinate limits of sailing due to the User's (or members of his crew) knowledge or weather reasons. If the User or a member of his crew doesn’t possess appropriate nautical knowledge he can use the rented boat as a hotel and will have to pay additional marina fees if applicable.
The User obliges to send the Operator the complete crew list, with their full names, addresses, dates and places of birth, nationalities, and ID or passport numbers, as well as a copy of a valid sailing license for the Skipper, no later than one (1) week prior to the start date of the charter period. The User obliges to be in possession of valid travel documents.
The Operator is not responsible for damages or injuries or other consequences that may arise to the User or a member of his crew on or around the vessel. The User will be liable for any loss or damage to the vessel or its equipment or gear caused by acts of brutal negligence and willful damage by the User or any member of the charter party. The User will also be liable for any decrease in the vessel's value due to such damage.
All the expenses of the vessel fuel and vessel use during the charter period should be paid by the User.
The User obliges to report the Operator all problems that he encountered during the usage of the vessel in the quickest and most appropriate way. In the event of loss or damage, the User shall notify the Operator immediately. In the event of a more serious incident, or where more than one vessel is involved, the User shall notify the competent Harbour Master's office and acquire from them the necessary documents for the insurers. If the User fails to inform the Operator, the authorities, or insurers immediately of any loss or damage, or fails to acquire the necessary documentation, and the loss or damage is, in consequence, not accepted by the insurer, the User will be liable for any costs incurred.
The User is not authorized to rent the vessel or use it in commercial purposes, such as professional fishing, diving etc. The User is not allowed to leave the vessel uncontrolled. The number of the passengers aboard should be identical to the number of passengers on the crew list. The User is allowed to embark animals only with the written permission of the Operator. The User obliges to all navigation rules; to pay attention to the vessel’s, crew’s and passenger’s safety, maintain the vessel and the equipment in order, report to the Operator his direction and to return the vessel in the same conditions he has received it.
Charter with the Skipper provided by the Operator
If the User knows in advance that he will need a skippered vessel he must inform the Operator at the time of booking. If the User books a skippered vessel he does not need the before mentioned sailing license for the skipper and appropriate nautical knowledge, but he has to provide to Operator all other information about him and his crew mentioned in the BAREBOAT CHARTER paragraph.
If the User decides to rent a skippered vessel he has to pay an additional price. Information about prices for professional skippers can be found in the booking form.
If a professional Skipper provided by the Operator is present on the vessel he will be responsible for the vessel, the behaviour and wellbeing of the crew.
The Skipper is in charge of driving the boat, but if there are no other crew members on board, his jobs also includes maintaining the boat, making small repairs, taking care of the paperwork in marinas, transferring the vessel from one marina to the other between the charters and other.
The Skipper often cleans the boat and does other similar jobs to ensure a proper functioning of the vessel, even though it is not his primarly job. Overall safety and pleasurable sailing mostly depend on good organisation, assigning duties and good relationship between the guests as well as between the guests and the Skipper.
If the User hire a Skipper he has to save a berth for him and provide him food.
In the case of danger due to weather conditions or other reasons the User and his crew have to obey the Skipper.
The Operator will deliver the vessel fully commissioned, clean internally and externally, tidy, with all the gear and equipment in perfect condition and with full fuel and water tanks and expects the vessels to be returned in the same condition.
By signing the Check-list, the User confirms that the vessel and its equipment are in good condition and submits any complaints regarding the condition of the vessel and the equipment.
The User may refuse to take possession of the vessel only if seaworthiness has been reduced to a significant degree, and not in the event of immaterial deviations or defects.
If the User does not accept the vessel at, or within 24 hours of the agreed time and place without prior notification, the Operator can terminate the contract.
If the Operator does not deliver the vessel to the User at the agreed time and place, he can provide the User an acceptable alternative. The Operator has to pay the User a fee for each day of delay.
The vessel is to be handed over to the User with all the valid documents (license, application form, concession...) as well as other files from the vessel's folder (list of harbor master's offices, gas stations, etc.). The User is bound to take particular care of all the entrusted documents and return them to the Operator during the check-out procedure. The User obliges to carefully read all on-board written documentation.
Detailed information about check in can be found in the booking form.
The User will return the vessel to the same point of the check in at the last day of the agreed charter period. The User shall return the vessel in the same condition as it was delivered; clean and with a full fuel tank.
If the User fails to return the vessel on time he will pay the Operator an additional charter fee according to the time of delay. Therefore, the Operator recommends to carefully plan the route as it is required to return the vessel to marina in the evening hours of the day before the vessel handover.
The User will pay damages to the Operator for any loss or expenses incurred due to the delayed delivery of the vessel or not delivering the vessel at the check in point. Exceptions to this rule are possible only through explicit agreement between the Operator and the User.
Upon return, the Operator and the User will check the condition of the vessel and its equipment in order to verify that the condition of the vessel complies with the check-in list. If any deficiency occurs during the inspection, the Operator’s representative and the User oblige to ascertain liability for each deficiency. The User is obliged to notify the Operator of any defects or damage. The User will pay for all recovery costs. If the User leaves the vessel before carrying out the check-out procedure with the Operator, he assumes responsibility for all noted complaints and damages incurred during the use of the vessel, identified by the Operator.
In the event the fuel tank is not full upon return, the User will have to pay the cost of the fuel to the Operator.
Detailed information about check out can be found in the booking form.
The User has the right to complain upon check out if he is not satisfied with the service provided by the Operator.
The User has to make a formal written complaint and the Operator is obliged to provide a written reply to the received complaint.
The maximum amount of compensation per complaint can amount to the objected part of the service and cannot include services which were already used, or the total accommodation service price. Service User's right to non-material damage compensation is hereby excluded, provided that it was not caused with intent. The Operator cannot be held responsible for eventual bad weather conditions, sea water quality and temperature, marina cleanliness, crowded destination ports, and all similar situations and events that could lead to Service User's dissatisfaction, and are not directly related to the quality of the booked service.
The Agent obliges to respect the privacy and the safety of the User and not to forward and use personal data of the User for purpose which does not enter in this Terms and Conditions. The Agent obliges not to publish personal data of the User without his consent or order of the competent national body.
The Agent is not responsible for possible problems which can arise due to usage of internet pages despite using high level technology.
The User is solely responsible for any damage to his computer system or loss of data that results from the use of the site.
The Agent collects personal data of the User necessary for the purposes of selecting and renting a boat, including name, surname, address and e-mail address, phone number etc.
RentalYachts.com obliges not to share User’s private data with third parties for marketing reasons.
By sending an express written request by e-mail firstname.lastname@example.org, the User may also obtain the correction of any incorrect or inaccurate personal data or obtain its cancellation to the extent permitted by law.
The Agent collects via computer systems and software procedures User's data used for the operation of the website in the course of their normal operation, as a result of the use of Internet communication protocols. This data is used only to obtain anonymous statistical information on the use of the website and to verify its proper operation. The data may be used to establish liability in case of potential computer crimes damaging the website.
The Agent collects data via cookies. A cookie is a small piece of data sent from a website and stored in the User' s web browser while the User is browsing it. Every time the User loads the website, the browser sends the cookie back to the server to notify the User' s previous activity. You can configure your browser in the manner that you will be warned when a cookie makes a record on your PC, or in the manner that the recording of cookies is disabled.
In case of dissents with the Agent and with the Operator the parties shall try to solve them amicably.
In case of disputes with the Agent the parties agree on the jurisdiction of the competent court in Croatia.
In case of disputes with the Operator the parties agree on the jurisdiction of the competent court in the country of the Operator’s seat.