Terms and Conditions
NOA YACHTING GENERAL CONDITIONS OF YACHT RENTAL
The Client declares to possess necessary navigation license, adequate for the gross tonnage of the boat, accepted by Croatian ministry of the seas, to navigate a boat and authorisation to operate radio station on the boat autonomously and assumes 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 marina's cost (except berth in Marina Kaštela), parking, 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 booking in written form, and receive booking contract by e-mail. Thereby client accept the General Terms and conditions of Noa Yachting.
50% of charter price to confirm the booking, 50% balance payment not less than 4 weeks before charter start date, unless otherwise agreed and confirmed in booking contract.
Within 7 days from confirmation , the client is obligated to make 50% advance payment of the total amount of agreed charter price.
Remaining balance of total amount needs to be paid 4 weeks before charter starts. 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 Client makes the entire inspection and signs the check list as a confirmation that no damages occurred on the boat on that occasion including 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 base manager and give 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 complains regarding the state of the boat or the equipment must be submit in written form upon taking over the boat.
Noa Yachting will not accept liability for any complain 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.
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.
Client is obligated to return the boat in good condition (take out the rubbish, wash the dishes). The Client takes the obligation to compile a written list of any defects and missing or lost objects. All of boat documents should be returned to the base office.
Extension of charter period is possible only with Noa Yachting’s consent. If the Client does not return the boat at the agrrred 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 major provided that the Client informs Noa Yachting immediately. Unfavourable weather conditions can’t justify any delays to the agreed return of the boat in 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 Major 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.i
In case of canceling up to 30 days before beginning of charter, Noa Yachting keeps 50% of charter price. If cancellation takes place within 30 days before charter Noa Yachting keeps 100% of charter fee.
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.
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.
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 major.
Force major 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.