1.1 These Booking Conditions together with the general information contained on our website www.offthegrid-yachting.com, our brochure and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Off The Grid Yachting. Please read them carefully as they set out our respective rights and obligations. These Booking Conditions only apply to holiday arrangements which you book with us in the Croatia and which we agree to make, provide or perform (as applicable) as part of our contract with you.
1.2 All references in these Booking Conditions to: (a) “charter”, “holiday”, “booking”, “contract”, “package”, “tour” “arrangements” or “travel arrangements” mean such holiday arrangements. (b) “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) (c) “We”, “us” and “our” means Off The Grid Yachting. (d) “Bareboat Charter” means a charter arrangement where we charter a Vessel to you only, subject to any agreement to supply a professional skipper; (e) “Private Charter” means a charter arrangement whereby we supply a skipper to sail the Vessel and the other inclusions associated with a Private Charter as specified in your confirmation invoice. (f) “Vessel” means the vessel you book either on a Bareboat Charter or Private Charter basis.
2.1 To make a booking, you must complete our booking form. This must be completed by the first named person on the booking (“Party Leader”). The Party Leader must be at least 18 years of age when the booking is made. The Party Leader must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and their parent or guardian for all party members who are under 18 years of age when the booking is made.
2.2 Once we have received your booking form and your deposit payment (or full payment if booking within 4 weeks of the start date of your arrangements with us) as per clause 3 below, we will, subject to availability, confirm your travel arrangements by issuing a confirmation invoice, at which point the contract between us is formed.
3.1 The rental price includes the leasing of a boat with standard equipment, together with boat and crew insurance for the rental period. The rental price excludes costs incurred relating to domicile marinas (parking, berth, etc), fuel, skipper/hostess service and the costs of other optional services. The Client can take responsibility for the boat that was previously reserved via this website after paying 50% of the rental price upon approval of his request (in advance) and the remaining 50% of the rental price at least 4 weeks prior to the rental date. These payment regulations cannot be modified without Danielis Yachting’s consent
4.1 The Charter company agrees to provide the Boat to the Client in full commission and in proper working order, with a full complement of equipment, inclusive of that required by the Specification on these pages. The boat must be in immaculate condition, with the water and fuel tanks filled. It should be delivered at the agreed time and with all necessary documentation. If for any reason, the Charter company does not fulfill the aforementioned conditions, the Client has a right to reimbursement for all days when he was unable to use the boat. Also, if it is impractical for the Charter company to place the reserved boat at the Client’s disposal at the agreed time and in the agreed place, the Charter company is obliged to ensure that a substitute boat is available with the same or better specification than the one reserved. If the Charter company is unable to provide a substitute boat, the Client has the right to cancel the contract and request reimbursement of the whole rental amount or part of the amount for those days when he was unable to use the boat.
The Client has a right to reimbursement only of the paid rental amount. All other rights are excluded. If the boat or its equipment is damaged due to natural causes, the Client is obliged to contact the Charter company immediately. The Charter company is obliged to rectify any damage to the boat within 24 hours. In this instance, the Client has no right to any reimbursement.
5.1 Should the Client and his crew cancel the rental for any reason after entering into an agreement with the Charter company, Off The Grid Yachting will retain the whole amount paid for the rental. Should the Client cancel the rental 4 weeks or more prior to the charter period, Off The Grid Yachting will retain the whole amount already paid. Of course, if it is possible, and accepted by the Charter company, Off The Grid Yachting will try to return the part, or the whole amount of the money already paid, but Off The Grid Yachting reserves the right not to reimburse the money. Where a Client has insured himself for the hiring of a charter boat but has subsequently canceled the boat hire for justified reasons the insurance company may offer the Client compensation.
Off The Grid Yachting reserves the right to substitute a boat when the reserved boat is damaged due to unforeseen circumstances, e.g. natural disasters causing water damage, etc. In this instance, Off The Grid Yachting will provide a boat with an equal or better specification than the boat reserved.
This clause ceases to apply in the case of war, terrorist activities, natural and nuclear disasters or other unforeseen circumstances that could be defined as an Act of God. In this instance, Off The Grid Yachting is not obliged to pay compensation to the Client.
6.1 You must deliver to us a crew list, which includes the following required information about each crew member: (a) Full name (b) date of birth, (c) passport or identity card number and nationality, expiry, birthplace and (d) contact number. This is to be provided for all crew members in the party no later than one week before the scheduled departure date.
7.1 The Vessel shall be collected and returned as follows: (a) Check in: FROM 17.00 h on the first day of the charter (b) Check out: BY 08.30 h on the final day of the charter The Vessel must be returned to the home base the afternoon or evening of the day before checkout.
7.2 On the return of the Vessel, both you and our representative will conduct a checkout inspection of the Vessel and its equipment and agree the return Checklist.
7.3 Prior to taking responsibility for the boat from the marina where it is moored, the Client is obliged to settle a security deposit to the Charter company. The security deposit will be calculated in accordance with the length/value of the boat. The security deposit may be settled in cash or by credit card and will be reimbursed to the Client once the boat has been returned and satisfactorily inspected. The deposit will be reimbursed to the Client in full only where no damage has been caused to the boat or its equipment nor reports of potential damage made by third parties during usage of the boat.
If the Client reports damage or the Charter company discovers during an inspection that the boat or equipment is damaged or a piece of equipment is missing, the Charter company will retain part or all of the security deposit, equal to the cost of repairs or replacement of the missing equipment.
Should the boat not be returned in a clean and tidy condition, cleaning fees will be deducted from the security deposit. Should the fuel tanks not be full, the amount required to fill the fuel tanks will be deducted from the security deposit. Should the crew (skipper, hostess, cook etc.) not be paid in full amount, the amount needed will be deducted from the security deposit.
8.1 Boat insurance is subject to the conditions set out by the relevant insurance company. The boat, its equipment, and crew are insured for all types of damage and loss, including fire and all usual marine and collision risks which exceed the franchise/deposit amount for the aforementioned boat and including third party liability insurance. The boat’s documents will include a certificate of liability insurance for third-party damages. In the case of more serious accidents and where other boats are involved, the Client is obliged to report such cases to authorized persons at the nearest Post Office and obtain all documentation that the insurance company deems necessary. The documentation shall contain all relevant information regarding the causes of the accident and conditions prevailing at the time of the accident. The Client is obliged to inform the Charter company immediately of any such events. If the Client fails to take the aforementioned steps, he will be held liable for all damage arising from the non-reporting or late reporting of the incident.
The insurance policy covers all damage and liabilities arising from accidents, inclement weather, and other natural disasters but does not cover damage arising from reckless conduct or grossly negligent boat maneuvering. The Client is not permitted to use his security deposit to pay for this type of damage. The Client should cover all costs caused by reckless conduct or gross negligence. The insurance policy does not cover damage to sails or the motor that is caused by lack of motor oil.
9.1 Skipper Ability (a) Prior to handing over the Vessel, we or the supplier of the Vessel may request proof of previous sailing experience, and request it to be presented with the sailing licences or certificates of qualification necessary for skippering a vessel in the agreed boat class and sailing area. If you have any queries or concerns regarding your experience or qualifications it is important you raise them with us prior to making your booking. (b) In the event of any doubts concerning the qualification for safe skippering of the chartered yacht and crew, then we may appoint or arrange for a skipper of our choice for you, at your expense. Should this not be possible, or should you not agree, we may refuse to handover the Vessel, and you shall not be entitled to any refund.
9.2 Sailing Terms & Use of the Vessel (a) You should familiarise yourself with the technical systems of the Vessel prior to commencement. You shall use best endeavours comply with the instructions provided onboard the Vessel and understand the particularities of the shipping route, such as (but not limited to); currents, change in water levels, down winds and wind tunnel effects. (b) You must be able to perform rotational control and maintenance onboard the Vessel throughout the charter period, particularly verifying the oil level and coolant level of the motor on a daily basis. (c) You are responsible for ensuring the Vessel does not exceed the number of persons permitted onboard, as per your contract with us. You are also responsible in ensuring no undeclared goods, subject to custom duties, or dangerous goods/substances are allowed onboard.
9.3 Damages You are obliged to report any damages to the Vessel as soon as possible but in any event within 24 hours of the incident occurring, both to authorised governing bodies and to us. Regardless of insurance, you are also obliged to pay for all caused damages up to the amount of the security deposit.
9.4 The lessee is required to return the boat to the Charter company at the agreed time and in the agreed location. The boat must be clean, undamaged and the fuel tanks must be full. If the Client does not return the boat to the Charter company at the correct time and in the correct location, the Client agrees to pay 300% of the daily rate for each day overdue, charged by the hour. The late return may be justified in the case of force majeure provided that the Client informs the Charter company immediately.
9.5 Weather Conditions If gusts exceeding 25 knots are forecast, it is imperative that you contact the base manager as to whether the Vessel is safe to be at sea, or if it should remain in dock. If these instructions are not complied with, any claims against ourselves, our suppliers or the insurance company arising from failure to follow these instructions will be denied and you will be responsible for all resulting loss. If in any doubt, you should always contact us on one of the contact numbers provided, or via radio.
10.1 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- (a) the act(s) and/or omission(s) of the person(s) affected; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
10.2 It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
10.3 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
10.4 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
11.1 If the Client and his crew have any complaint during the boat chartering period, they should inform the Charter company and Off The Grid Yachting about it who will endeavor to resolve any problems. Only objections and complaints presented in written form during the boat inspection will be taken into consideration.