Terms and Condition

1. Fee, deposit and costs during the sailing boat accommodation

The sailing boat accommodation contract shall become valid upon paying the total amount of sailing boat accommodation fee to Chilla Sailing d.o.o. OIB: 60209307126.

The amount of the sailing boat accommodation fee includes the usage of the vessel.

Obligatory payment: Tourist stay tax 1,3 € per person per day, Transit Log: 200 € for yachts up to 35ft, 220 € for yachts up to 40ft, 280 € for yachts up to 50 ft, 320 € for yachts over 50 ft, 380 € for catamarans.

The Charterer undertakes to pay the sailing boat accommodation fee to the benefit of the gyroaccount of Chilla Sailing or with accepted credit card as follows:

• 50% of the sailing boat accommodation fee (down payment) when booking the vessel for a defined period

• 50% of the sailing boat accommodation fee 4 weeks prior to the departure period at the latest

The payment shall be made on the basis of the issued invoice, which Chilla Sailing directs to the Charterer without deferral upon the receipt of the booking inquiry. In order that the booking becomes final, the Charterer is to pay the down payment to the gyro account of Chilla Sailing or with the credit card, within 7 days since the day of the invoice, as well as to send the evidence of the down payment. All payments made by credit card will incur a 5% surcharge.

The Charterer also undertakes to send the evidence of the rest payment of the total sailing boat accommodation fee.

The fuel is not included in the sailing boat accommodation fee. The Charterer shall return the vessel with full fuel tank and water container. The vessel is to be clear, neat and dry, and its motor should be in working order.

2. Security deposit

The security deposit has to be made by the Charterer when taking possession of the vessel. The deposit shall be refunded in its entirety upon the return of the vessel, unless the existence of damage or a defect on the vessel or the equipment is found during the takeover of the vessel, and unless there are no claims filed or announced regarding the Charterer by third persons that are connected to the usage of the vessel.

In case of loss or damage on the equipment, particular parts of the vessel or the vessel itself, Chilla Sailing shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and/or purchasing the equipment or particular part of the vessel.

If the caused damage has the consequence that the vessel cannot be further chartered, Chilla Sailing has the right to retain the amount corresponding to the loss of profit. The damage caused by oil deficiency in the motor is not covered by the insurance.

The Charterer is responsible for returning the vessel at the time and place determined by this contract. For each calendar day of being overdue in returning the vessel, the Charterer agrees to pay Chilla Sailing a subsequent cost, equal to the triple daily sailing boat accommodation fee, by which the damage caused to Chilla Sailing by the impossibility of disposal of the vessel is compensated. If the overdue in returning of the vessel occurred due to particularly bad weather conditions, Chilla Sailing shall charge the Charterer the regular sailing boat accommodation fee increased by 50%. The notice to Chilla Sailing on the overdue caused by extremely bad weather conditions must be informed in writing to Chilla Sailing.

3. Costs during the charter

After taking the possession of the vessel, the Charterer shall bear all the costs of the daily berth in the port of putting in or in marina, costs of fuel, oil, water, cleansing and all other necessities, as well as eliminating all damages and defects which can appear while the vessel is under the Charterer’s responsibility and which are not results of normal natural vessel consumption, provided the Charterer has previously reached an agreement with Chilla Sailing on technical justifiability of the repairs that are to be made.

In case of damage or defect caused by normal natural vessel consumption, the Charterer shall beforehand acquire the consent of Chilla Sailing for the repair of the vessel, regarding the price and the technical justifiability of the repairs that are to be made. The Charterer shall also acquire the corresponding invoice on the basis of which he shall settle his claim from Chilla Sailing after the expiry of the period for which the vessel had been chartered.

4. Desistment from the charter

If the Charterer, for any reason, is unable to take the possession of the vessel, he can find another person who shall instead of him undertake all rights and obligations deriving from this contract.

If a substitution for the Charterer cannot be found, Chilla Sailing shall retain:

• 25% of the amount of the sailing boat accommodation fee if the Charterer cancels 90 days before the beginning of the sailing boat accommodation

• 50% of the amount of the sailing boat accommodation fee if the Charterer cancels 30 days before the beginning of the sailing boat accommodation

• 100% of the amount of the sailing boat accommodation fee if the Charterer cancels 29 to 0 days before the sailing boat accommodation, as well as after the beginning of the period for which the vessel was stipulated

5. Liability of the charterer

For the damage caused by actions and failures of the Charterer for which Chilla Sailing is liable to the third party, the Charterer is obliged to settle the damages to Chilla Sailing in their entirety, whether it is the case of material and/or legal expenses that resulted from such actions and failures. The Charterer is explicitly liable for the vessel in case any official body confiscates it due to inappropriate and illegal actions undertaken during the usage of the vessel within the period for which it was stipulated.

6. Takeover

The takeover of the vessel takes place on Saturdays at 5 p.m. and the return on Fridays at 5 p.m. and checkout on Saturdays by 8 a.m. The vessel must be returned in order and with full tanks to the Chilla Sailing base not later than the evening prior to the check-out day (till 8 p.m.).

When taking possession of the vessel, the Charterer is obliged to submit evidence of payment of the whole amount of the sailing boat accommodation fee. Chilla Sailing undertakes to deliver the vessel in working order and seaworthy.

If Chilla Sailing, for whatever reason, does not place the vessel at the Charterer’s disposal at the agreed place and agreed time, the Charterer can demand the refund of the sailing boat accommodation fee for as many days as he could not have disposed of the vessel. The stipulated time of sailing boat accommodation duration can be extended by the Charterer for as much time as the takeover of the vessel was overdue on the part of Chilla Sailing, provided he has achieved previous agreement with Chilla Sailing in that regard. If Chilla Sailing cannot place the vessel at disposal at the agreed place 24 hours after the expiry of the time period for the takeover or if Chilla Sailing cannot place at disposal a vessel of similar or better characteristics, the Charterer has the right to desist from the contract and demand the total amount of the sailing boat accommodation fee or demand the amount of sailing boat accommodation fee for as many days as he could have not disposed of the vessel. All other rights to indemnification are excluded.

7. Complaints

The Charterer is obliged to check on the state of the vessel and equipment according to the inventory list. All possible objections have to be made before the beginning of the voyage. The defects and failures on the vessel and/or equipment that were not observed during the takeover do not authorize the Charterer to demand the reduction of the sailing boat accommodation fee.

8. Insurance

The insurance is determined by the terms defined by the insurer with which Chilla Sailing insured the vessel. The terms under which the vessel is insured form an integral part of these instructions and terms of sailing boat accommodation and shall be delivered to the Charterer when taking over the vessel.

The damage covered by the insurance and in accordance with the insurance policy, which has not been reported to Chilla Sailing without deferral, shall not be acknowledged. In such cases, the Charterer is personally liable for all damages resulting from no reporting or late damage reporting. The vessel crew is insured, as well as their personal luggage.

9. Sailing permit

The Charterer states that he possesses valid permits for vessel operation, that is, that a member of the crew who has relevant sailing permits shall operate the vessel (permits need to be shown upon check-in at the base).

10. Sailing terms

The Charterer undertakes and states that he shall sail within the limits of the territorial sea of the Republic of Croatia (every exception requires special written approval by Chilla Sailing), that he shall not sub-charter the vessel nor lend it to third persons, that he shall not participate in regattas or vessel races, that he shall not use the vessel for commercial purposes, nor for professional fishing, sailing school and similar, that he shall not operate the vessel under influence of alcohol or narcotics, that the number of persons on the vessel shall not exceed its capacity, and that he shall sail only during safe weather conditions and good visibility.

The Charterer undertakes to respect customs and other regulations and rules. He also undertakes that he shall not convey persons and goods for a fee, that he shall not sail in zones forbidden for sailing, that he shall carefully operate the vessel, its inventory and equipment and that he shall not be involved in towing of another vessel. In case of distress or accident, the Charterer shall register the course of events, as well as ask for the attestation by the harbormaster, physician or authorized body. Chilla Sailing shall be informed of the distress without deferral.

The Charterer shall not keep pets (dogs, cats, birds, etc.) on the vessel unless a previous agreement was reached. He shall reef the sails in due time and not allow the vessel to sail under strain beyond safe limits. The Charterer shall not sail in areas insufficiently known, shall carefully study nautical charts, and shall not sail by night without using all navigational lights and adequate observation. The Charterer shall not leave port or anchorage if wind force is or is expected to be more than 30 knots, or if forbidden by port authorities. The Charterer shall not leave port until any vital damage is repaired and shall ensure sufficient fuel and safe conditions.

11. Ability checking

Chilla Sailing (or its representative) can demand from the Charterer and his crew to prove their ability to operate the vessel and demonstrate that ability at sea with Chilla Sailing (or its representative) present. If the Charterer’s knowledge is not satisfactory, Chilla Sailing can terminate the contract without refund or compensation, or assign a qualified sailor to operate the vessel. The costs of such assessment shall be met by the Charterer. Tests of ability are part of the charter period.

12. Concluding provisions

In case of misunderstanding or dispute, the parties shall attempt to settle it peacefully and consensually. If the dispute is not solved, it passes into the jurisdiction of a court in Sibenik and is regulated by the legal provisions of the Republic of Croatia.

13. Personal data protection

The Lessee provides personal data voluntarily. These data are necessary for the realization of the requested service and further communication. Chilla Sailing shall not transfer personal data abroad or to third persons except for service purposes.

If the Lessee signs the insurance policy, personal data will be forwarded to the insurance company for Trip Cancellation Insurance, Medical Emergency Insurance, Lost and Damaged Baggage Insurance, and Travel Medical Insurance.

The Lessee’s personal data will be stored in the database according to management decisions. The Lessee consents to the use of personal data for Chilla Sailing’s marketing purposes.