CONTRACTING PARTIES
The contracting parties are the charter operator (hereinafter: Costarose) and the charterer
(hereinafter: the client), as they are stated in the basic contract document, of which these
charter conditions form part. Costarose is the user of the vessel rented by the client.
CONTRACT FORMATION
The client confirms to have read these charter conditions, that it has understood their
contents, including, but not limited to the nautical terminology used hereing, as well as that
that it consents to these charter conditions, including the particular characteristics of the
rented vessel and the sport activity possibilities eventually connected thereto.
CHARTER FEE AND PAYMENT
Charter fee includes: vessel dues for its usage in the period of time stated in the contract. The
charter fee includes the usage of the inventory in the vessel. Charter fee does not include:
port taxes, fuel, gas and water expenses necessary for the normal operation of the vessel,
tourist and residence taxes, final cleaning cost and a mooring place out of domicile marina.
The chartered vessel with complete equipment can be used only after the payment was
regularly settled to our Costarose account:
- 50% of the charter fee immediately upon conclusion of the contract
- 50% of the charter fee latest 4 (four) weeks before commencement of the charter, unless the
contract is concluded later, in which case the payment of the installment at hand has to be
made together with the one pursuant to the previous item.
Obvious mistakes in the calculation of the charter fee or the inconsistencies in repect of
particular charter conditiond do not entitle the client to withdraw from the contract. Such
mistakes and inconsistencies shall be elimiated in accordance with the pricelist of Costarose
and the contractual obligations of Costarose.
If payments are not made by the due dates, Costarose reserves the right to cancel
contract/reservation and to charter the yacht to a third party. In case the client pays the first
downpayment charter fee without sending back a signed Costarose rental agreement, it is
automatically agreed, that the client has read and accepted all terms and conditions in full
power. For late bookings, 100% booking fee with security deposit must be settled on
Costarose account unless agreed otherwise.
SECURITY DEPOSIT: The security deposit has to be settled together with 2nd charter fee
payment on Costarose bank account, alternatively it can be settled in starting marina with
credit card upon clients guarantee, that there will be no active credit card limitations present
on the day of payment to prevent payment in full amount. If such case occurs, Costarose
reserves the right not to release the vessel until client has settled the full ammount with
another credit card or with a cash deposit.
If the client returns a vessel, that is not fully refuelled, an additional refuelling fee of extra
300 euros will be charged to the client together with final fuel cost – this must be a separate
additional payment and cannot be covered or confused in any way with refundable security
deposit, as it will be added to the final charter invoice.
The security deposit shall be refunded in its full amount unless the existence of damage or a
defect on the vessel or the equipment is found during the returning of the vessel. On return of
the yacht to the base following the charter period & inspection of the vessel on part of
Costarose, in the event that Costarose are satisfied that there is no apparent damage to the
yacht on its return from the client, Costarose shall refund the relevant security deposit paid by
client within 10 days after the charter finish date. In case of loss or damage on the
equipment, particular parts of the vesel or the vessel itself, Costarose 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. In case the caused damage has the
consequence that the vessel cannot be further chartered, Costarose has the right to retain the
amount corresponding to the loss of profit. In any event that the security deposit is used,
Costarose reserves the right to claim from the client the entire damages suffered by Costarose
due to the breaches of the client that lead to the retention of the security deposit.
TRAVEL TO AND FROM THE BASE
The travel of the client to and from the marina base is not part of these charter conditions.
Should the takeover be deferred due to the client or the crew members being late, the costs
charged in relation thereto shall not be refunded. The client is aware of the fact that it is
renting a device intended for sale and that the agreed charter conditions do not entirely cover
the legislation concerning turism
COSTAROSE OBLIGATION
Costarose is obligated to deliver a completely clean and dry vessel in a seaworthy conditions
with full fuel and water tanks in the agreed time and place to the client. If Costarose cannot
place the vessel at disposal at the agreed place 12 hours after the expiry of the time period
for the takeover, the client can demand only the amount of the charter fee proportionate to
the time, when the vessel was not available to the time of the entire charter lease; any other
rights to indemnification are excluded.
In case of damage or defect on the vessel or its equipment during charter, the client is
obligated to inform Costarose immediately. Costarose will than process this information and
provide assistance, depending on the found origin of damage/defect; whether it was made on
purpose or whether it is a result of natural yacht consumption, which is to be decided by a
relevant institution (insurance & service company).
VESSEL HAND-OVER
The client will take over the vessel in agreed time and place. Any possible objections have to
be made until the start of navigation. The possible covered defects on the yacht or its
equipment, which couldn't be known to the client at the moment of takeover, as well as
defects which could arise after the takeover, do not give right to the client to reduce the
charter fee. The deficiencies in the outfit of the vessel or the appliances installed on the
vessel (i.e. inconsistencies of the actual state of affairs as opposed to the outfit/appliances list
presented to the client) do not entitle the client to claim reduction of the charter fee, as long
as the security and the seaworthiness of the vessel are ensured.
Having singned the hand-over protocol, the client declares that the vessel has been taken
over in good condition, clean and with full fuel and water tanks, as well as that the entiry
inventory, instruments and appliances are in good working conditions. All potential defects,
damages or missing partf of the vessel have to be made manifest in the hand-over protocol.
Costarose reserves the right not to hand over the yacht if
- according to the observations of Costarose the client is not competent for any reason to
operate the yacht (as is required by skipper license – no alcohol or drugs), in which case
Costarose is entitled to allocate the client a skipper to the vessel and charge for it;
- the charther fee has not been paid in accordance with these charter conditions;
- if the security deposit has not been given in accordance with these charter conditions;
- the necessary documents are missing or are incomplete.
If the client fails to takeover the vessel within 24 hours from the initially foreseen deadline,
Costarose is authorized to give up the contract.
In the event that Costarose is not in position to deliver the agreed vessel or an adequate
replacement (the latter representing a vessel similar as regards the dimensions, inventory and
instruments) and in the event that the delay due to replacement vessel provision is longer
than ¼ of the charter period or 3 days at the most, the client shall be entitled to withdraw
from the contract, in which case the payments made until the withdrawal shall be returned to
the client. In such case, the client shall not be entitled to further compensation.
Bareboat: On hand-over, inventory, quoted on the inventory list, should be checked again to
see if the yacht and the equipment are in working order. The client is obliged to return the
yacht cleaned and tidied without the crew and their personal luggage at agreed marina at
least until the time specified by the Charter contract, including the physical take-over lasting
for half an hour. If the return of the yacht is later that stated in the Charter contract, the client
has to pay the following fees:
- for the delay up to three hours one daily charter fee
- for the delay of more than three hours double daily charter fee plus all other expenses.
Delay cannot be justified by bad weather conditions. Costarose has a right to use a diver
after justified doubt to check sailboat/yacht underwater condition at clients cost.
OBLIGATIONS OF THE CLIENT
After taking possession of the vessel, the client shall bear on his own account all costs of the
daily berth in the port, or in the marina, costs of fuel, oil, water and all other necessities, as
well as eliminating all damages and defects, which can appear while the vessel is under
clients's responsibility and which are not a result of normal natural vessel wear and tear. The
client is obliged to stay within the designated territorial waters and to operate & provide
Costarose with a valid skipper license in case of bareboat charter and will take full
responsibility for his crew during charter.
The client understands that Costarose is not responsible for weather conditions during charter
and that the client can be stopped by local maritime authorities at any time during charter as
part of local sea controls. Client is obligated to take the time and show all required
documents, provided by Costarose, to the local maritime authorities. The client is responsible
for safekeeping of yacht keys, pilots and official yacht & insurance documents during the
duration of charter.
The client undertakes to respect customs and other regulations and rules in force in the
waters where the vessel is located, to take care of the vessel and its equipment with the
prudence of a good seaman. The client can at any time be supplied with a dedicated skipper
from Costarose to provide safe and proffesional nautical journey, backed with years of
experience unless agreed otherwise.
In case of bareboat charter, the client is fully responsible for vessel during charter (depth
control, using proper fuel, maintaining water and electricity levels). Catwalk, also called
pasarela, cannot be used for jumping into the sea, and any damages for this reason will be
covered by client. A GPS tracking system is installed on all Costarose vessels for safety &
insurance reasons, allowing Costarose to monitor all current & past vessel location points
from the system during charter.
Number and the identity of persons aboard is to correspond to the crew list. The keeping of
pets (dogs, cats, birds and similar) on the vessel is not allowed, unless a previous written
agreement was reached in that regard.
The client if explicitly prohibited from:
- taking aboard a number of persons exceeding the maximum registered number of
persons or the number indicated in the crew list made at the hand-over, whichever is
lower;
- using the vessel for passenger or cargo transportation, professional fishing or any othe
commercial purpose;
- using the vessel to attend regattas or other races in any form whatosever without prior
writen consent of Costarose;
- subletting the vessel;
- towing another vessel or being towed by another vessel unless there is an emergency
situation; in case of any such situation, the client is to obtain an agreement on part of
Costarose as soon as possible; if such a condition is fulfilled, the client is obliged to
contact the skipper of the other vessel and agree on the towing and saving fee prior to
agreeing to such actions;
- using the vessel motor in the even that and as long as the vessel is sailing
The client is explicitly obliged to:
- maintain the logbook in which the following has to be entered in the chronological
order: the course, the manouvers, the dockings, the manipulation with the sails and
motor, the controls, maintenances and repairs, other important events;
- exit a protected port only if the conditions allow this, taking into accunt the prudence
of a good seaman;
- immediately inform Costarose in the event that a large injury is caused to the vessel or
other accident occurs at the sea which could lead to loss or decreased level of the
seaworthiness;
- in the case addressed in the previous item: to take any action necessary to mitigate
damages and avoid additional injuries;
- sail towards the neares port where a diver or dry dock is available in the event that
injuries are caused to the parts of the vessel below water line and such action is
demanded from the client by Costarose, as well as to bear costs of such inspection;
- report the theft of the vessel or instruments installed thereon to Costarose and the
nearest police station;
- abide by the instructions of Costarose limiting sailing at night or generally limiting the
voyage area, be it due to the category of the vessel or due to the non-favorable voyage
conditions;
INSURANCE
The insurance is determined by the conditions, stipulated by the insurance company, with
which the vessel is insured. Insurance covers all the damages by franchise, caused by
weather or from the other natural disasters, but not the damages made on purpose. Charges
for damages, made on purpose, are not limited by deposit; the client must pay all expenses,
caused for damage, made on purpose, since this is not covered by the insurance. Final
responsibility is limited and decided by the insurance company, according to the type of
damage.
The insurance does not cover the losses injuries that could be incurred by the crew members
or their personal belongings.
Charter termination
RETURN OF THE VESSEL
The client has to return to the base point at the time designated in the contract. The client is
obliged to take into account the potential weather conditions that could influence the timely
return. A competent person is to be present at the vessel at any time until the return of the
vessel. At the agreed moment of return, the vessel has to be abandoned by all crew members
including their personal belongings and left in a clean state. The cleanig and inspection time
foreseen in the contract form part of the time available to the client.
In the event that the return of the vessel, including the establishment of its status at the return,
is prevented due to the actions or omissions of the client (such as deliberate or incidental
absence of the client), the client bears the entire risk connected to potential injuries
established by Costarose on the vessel as well as the instruments and the appliances installed
on the vessel. In such case, the client accepts that the status of the vessel, the instruments and
appliances applicable to the rights and obligations of the client and Costarose shall be the
one communicated to the client in writing on part of Costarose.
Upon the return, the client is obliged to inform Costarose or any injuries caused to the vessel
or the instruments and appliances installed on it. Bei that they are reported or not, the client
has to compensate Costarose for such injuries.
The return of the security deposit or its retention by Costarose due to reasons stated in these
charter condition have to be stated in the return protocol.
CHARTER TERMINATION
If the client, for any reason cannot start the charter, the client can find other client by himself
(with previous acceptance of Costarose).
If the client is not able to find another potential client, Costarose shall retain:
- 30% of charter fee for termination up to 2 (two) months before the charter starting
date
- 50% of charter fee for termination up to 1 (one) month before the charter starting date
- 100% of charter fee for termination less than one month before charter starting date.
COMPLAINTS
The complaints are being accepted only in written form upon the yacht return and only if
countersigned by person in charge on behalf of Costarose (skipper or authorized personell).
LANGUAGE, JURISIDICTION AND APPLICABLE LAW
These charter conditions are available both in English and Croation language. In case of
any contradictions, the English version shall prevail.
In case of dispute, which cannot be resolved in friendly manner, legal proceedings shall be
finally adjudicated by the courts of the district in which the seat of Costarose is registered.
These charter conditions and the contract between the client and Costarose shall be
governed by the law of the country in which the seat of Costarose is registered.
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