Terms and Conditions
NOA YACHTING GENERAL CONDITIONS OF YACHT RENTAL
The Client declares to possess the necessary navigation license, adequate for the gross tonnage of the boat, accepted by the Croatian ministry of the seas, to navigate a boat and authorization to operate the radio station on the boat autonomously and assumes the obligation to handle the boat carefully and in a manner of a conscientious seaman. He is also under obligation to keep a private logbook and in case of damage hand it over to Noa Yachting.
The Client may not participate in regattas without written consent, and must observe the laws of local and port authorities. He must not transport undeclared, dutiable goods or any other prohibited objects.
Client is not allowed to leave Croatian territorial sea, without written approval - Permit - issued by Noa Yachting.
RENTAL PRICE AND PAYMENT
The rental price includes charter of the boat with standard equipment, full fuel tank as well as boat and crew insurance for the rental period.
The rental price excludes the marina's cost (except berth in Marina Kaštela), parking, a berth in other marina's, fuel, skipper, hostess and or cook service, health insurance for crew and costs of other optional services, unless stated otherwise in written booking confirmation/ contract.
After Client decides to book, he will confirm the booking in written form, and receive the booking contract by e-mail. Thereby client accepts the General Terms and conditions of Noa Yachting.
The client is obligated to pay 25% of the charter price to confirm the booking, 25% till end of March, 50% balance payment not less than 4 weeks before the charter start date, unless otherwise agreed and confirmed in the booking contract.
Within 7 days from confirmation, the client is obligated to make 25% advance payment of the total amount of the agreed charter price.
The remaining balance of the total amount needs to be paid 4 weeks before the charter starts. The client can take over the boat only providing that all necessary payments have been made.
If any obvious mistakes are made in the price calculation, Noa Yachting and the client are responsible to rectify the price in accordance with the existing price list, and thereby the validity of the contract is not harmed.
If any scheduled payment has not been received by the payment due date, Noa Yachting reserves the right to cancel the charter and retain all deposits and fees paid to date.
The Client takes over the yacht Saturdays after 5:00 pm. Upon takeover of the boat, the Client makes the entire inspection and signs the checklist as a confirmation that no damages occurred on the boat on that occasion including the underwater part of the boat.
This conditional takeover of the yacht by the Client is a confirmation of its working order - all systems are to be tested upon leaving the marina. If the Client determines any defect he must return to the marina, notify the base manager and give the technical support team a chance to repair the damage. If he does not return it is considered that the yacht has been properly delivered.
Any complaints regarding the state of the boat or the equipment must be submitted in written form upon taking over the boat.
Noa Yachting will not accept liability for any complaint or price reduction arising from the hidden defects and deficiencies of the boat and/or equipment at the time of embarkation and regular boat maintenance as well as any defects that may occur after boarding, that couldn’t have been foreseen or prevented by Noa Yachting.
The client undertakes to take special care of all valid boat documents received at the check-in.
The boat should be returned, unless there is some other written agreement, on Friday by 6:00 pm mandatory, in working order, with complete equipment and full tank.
The client is obligated to return the boat in good condition (take out the rubbish, and wash the dishes). The Client takes the obligation to compile a written list of any defects and missing or lost objects. All boat documents should be returned to the base office.
Extension of the charter period is possible only with Noa Yachting’s consent. If the Client does not return the boat at the agreed time and in the correct location, the Client agrees to pay 200% of the daily rate for each started date overdue.
Late return may be justified in the case of force majeure provided that the Client informs Noa Yachting immediately. Unfavorable weather conditions can’t justify any delays to the agreed return of the boat to the base marina.
OBLIGATIONS OF NOA YACHTING
Noa Yachting is obliged to provide the Yacht to the Client in full commission and in proper working order, with a full complement of equipment, inclusive of that required by specification on web-site and official inventory list. The boat must be in impeccable condition, with filled diesel tanks. It should be delivered on agreed time and with all necessary documentation.
Claims for travel and accommodation expenses, compensation for suffered pain, loss of income etc. are out of the question. If the boat or its equipment is damaged due natural causes, the Client is obliged to contact Noa Yachting immediately.
Noa Yachting is obligated to rectify any damage to the boat within 24 hours. In this instance Client doesn't have right to any reimbursement. Noa Yachting shall not be liable for any delay incurred due to Force majeure or rough weather condition.
Noa Yachting is not liable to any person for possible injuries, damages or death that is a result of Client’s use of the yacht for the Client and members of his crew, as well as for possible passengers, or any the third party on the yacht for the duration of charter.
Noa Yachting is also not responsible for postponements or changes of Client’s plans caused by bad weather or other similar reasons.
The Client is at his arrival to Charter Base obligated to leave security deposit (due to price list). The deposit may be paid in cash or credit card, and will be reimbursed to the Client once the boat is returned and satisfactorily inspected.
The deposit will be reimbursed in full only if there is no damage on the boat or its equipment, or third parties.
If Client reports damage, or Noa Yachting discovers upon inspection that the boat or it's equipment is damaged, or piece of equipment or inventory is missing, Noa Yachting will retain part or all of the deposit, equal to the cost of repairs or replacement of missing equipment.
If Client returns boat with lower amount of fuel than on check in, charge for missing fuel will be deducted from deposit. Fuel charging fee is stated in price list of lost equipment.
STANDARD BOOKING CANCELLATION
In case of canceling 30 or more days before the beginning of the charter, Noa Yachting keeps 50% of the charter price. If cancellation takes place within 29 days before the charter Noa Yachting keeps 100% of the charter fee.
FLEXIBLE BOOKING CANCELLATION
In case of cancellation up to 60 days before charter, Noa Yachting will charge 15% or minimum 350 EUR penalty for cancellation. For cancellation 59-30 days before charter, Noa Yachting retains 50% of rental price, and if the cancellation occurs within 30 days from charter period, Noa Yachting retains 100% of the rental price.
COVID-19 STANDARD BOOKING CANCELATION
In the event that 7 days before the charter: the Republic of Croatia closes the borders, or the client's country closes the borders, or both countries close borders or quarantine upon return from the Republic of Croatia is mandatory regardless of COVID-19 test results, the client can: change the reservation to the same or different yacht in season 2023 or 2024 (depending on availability), or change the reservation to another yacht in season 2023 or 2024 (depending on availability), or receive a voucher for the amount paid till cancelation, valid for season 2023 or 2024. If rebooked yacht or week has a lower price than what was originally booked, the original price will be due; no refunds will be made.
COVID-19 FLEXIBLE BOOKING CANCELATION
In the event that 7 days before the charter: the Republic of Croatia closes the borders, or the client's country closes the borders, or both countries close borders or quarantine upon return from the Republic of Croatia is mandatory regardless of COVID-19 test results, the client can: change the reservation to the same or different yacht in season 2023 or 2024 (depending on availability), or change the reservation to another yacht in season 2023 or 2024 (depending on availability), or receive a voucher for the amount paid till cancelation, valid for season 2023 or 2024 or receive a full refund of paid funds (refund will be done within 180 days from cancelation date). If rebooked yacht or week has a lower price than what was originally booked, the original price will be due; no refunds will be made.
STANDARD BOOKING RE-BOOKING
Up to 90 days from the rental date, the client can: change the rental period to the same vessel in season 2023 or change the rental period to another yacht in season 2023. In both cases, 150 EUR fee is due. If rebooked yacht or week has a lover price than what was originally booked, the original price will be due; no refunds will be made
FLEXIBLE BOOKING RE-BOOKING
Up to 60 days from the rental date, the client can: change the rental period to the same vessel in season 2023 or change the rental period to another yacht in season 2023. If rebooked yacht or week has a lower price than what was originally booked, the original price will be due; no refunds will be made.
CLIENT’S OBLIGATIONS & RESPONSIBILITIES
Client who assumes the function of the skipper needs to have competence and skills required to navigate the boat safely. Client/skipper must posses valid open sea sailing license and GMDSS Radio Operator’s license in ORIGINAL, and is obliged to sail solely in Croatian territorial waters, unless otherwise agreed in written form. In order to leave Croatian territorial waters the Client must obtain special written approval as already written above.
Client shall not leave port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (30 knots) or if the harbour authorities have prohibited sailing or while the vessel has un-repaired damage of any vital part such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc. or if any of the above parts are not in good working condition; neither shall the Client leave port or anchorage without sufficient reserves of fuel or in general, when weather conditions or the state of the Vessel or her crew are doubtful.
The Client guarantees to Noa Yachting his own nautical knowledge and competence in that area, both his own and the qualification of his crew, as well as his ability to operate the Vessel safely without regard of weather conditions or any other circumstances, taking over full responsibility for rational exploitation of the Vessel and equipment.
If Noa Yachting comes to conclusion that the Client or members of his crew do not possess appropriate and necessary knowledge and nautical competence for the use of the Vessel, Noa Yachting may request the Client to embark the competent skipper for part or whole Contract period. All related expenses will be on the Client account. Noa Yachting has been authorised for making such limitations if weather conditions or some other serious reasons should force Noa Yachting to do so.
The Client is obliged to observe all navigation rules and orders made by authorised government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, report to Noa Yachting on approximate navigation direction (itinerary) and on possible changes referred to the sailing direction and to return the Vessel to Noa Yachting in the same condition in which the Client had received her (Vessel has to be properly clean, the equipment has to be arranged and similar).
If the boat is involved in accident, Client is obligated to call and inform Noa Yachting’s base manager immediately and follow his instructions.
In case of damage and/ or accident, the Client is obliged to make written report, and provide it to Noa Yachting. If the boat is lost, confiscated or authorised party has forbidden its sailing; the Client is also obligated to inform Noa Yachting immediately.
If the client commits total damage to the vessel during the rental of the vessel, i.e. renders the vessel unfit for any further navigation by acting contrary to the provisions of these general conditions, Noa yachting is under no obligation to provide the client with a replacement vessel or any refund of part of the rent or deposit. In this case, the client is obliged to notify Noa Yachting of the resulting damage without delay, to take all actions in his power to prevent any further damage, and to fully comply with Noa Yachting's instructions and, after the instructions have been carried out, hand over the vessel to Noa Yachting.
Client is obliged not to accept more passengers onboard of the vessel than it is specified in the Crew list. The Client is jointly liable for all crew members.
Client is obliged not to operate the vessel under the influence of alcohol or drugs.
Client is obliged never to leave the port if authorities have imposed prohibition of sailing, i.e have placed a ban on departure or in case of insufficient fuel supplies.
Depending on weather conditions to avoid unnecessary strain on masts, sails and ropes.
If Client fails to inform Noa Yachting, he is liable for all damage arising from non-reporting or late reporting of the incident.
The Client declares that he will not sublease or rent the yacht to a third party, that he will not participate in regattas and/or yacht races, that the yacht will not be used for commercial purposes, professional or night fishing, and that he may not sail at night or in uncertain weather conditions.
Client is obliged to check the oil level in the motor in daily basis. The Client will be charged for all damages and losses resulting from lack of oil in the engine.
All damages to the underwater section (including damage/loss of propeller) caused by the Client's negligence will be repaired at Client's expense.
The insurance policy does not cover damage to sails or the motor if the damage is caused by lack of oil. Insurance does not cover damage caused by intentional or negligent boat manoeuvring.
TERMINATION OF VACATION & INDEMNITY
The Client accepts responsibility for the proper conduct of themselves and their crew. Noa Yachting reserves the right in absolute discretion to terminate, without further notice, the vacation arrangements for any Client who refuses to comply with the instructions or orders of Noa Yachting and whose behaviour or competence is in Noa Yachting’s opinion likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party or property. Upon such termination Noa Yachting’s responsibility for the Charterer’s vacation ceases and shall not be liable for any costs incurred by the Client.
Likewise, Noa Yachting is not responsible for damage that could not have been foreseen, prevented, remedied and / or reduced if it was caused by a third party or if it was the result of force majeure.
Force majeure implies extraordinary external circumstances arised after the conclusion of the Contract, and before the deadline for fulfilment of a certain obligation which the contracting parties could not have avoided, anticipated or eliminated; e.g., hurricane storms, extreme tidal wave, earthquake, fire, epidemic and other natural disasters as well as strikes, government measures, civil unrest, war and similar.
If the Client has any complaint during the chartering period, he should inform Noa Yachting. Only objections and complaints presented in written form during the boat inspection will be taken into consideration.
PLACE OF JURISDICTION
With confirming booking Client declares that he had read this terms and conditions and that he accepts them in full understanding.
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.