Personal data protection statement
This Personal Data Protection Statement is by Pure Sailing, and it is based on the General DataProtection Regulation.Pure Sailing shall process your personal data in accordance with Regulation (EU) 2016/679 on theprotection of natural persons with regard to the processing of personal data and on the free movement ofsuch data and national laws based on the said Regulation, with the application of appropriate technicaland security measures for the protection of personal data against unauthorized access, misuse,detection, loss or destruction.
1. General information
This Statement describes what data we collect, how we process them, and for which purposes we use them, as well as your rights associated with your data.
In charge of data processing:
Laura Janssen & Lotte Janssen
Pure Sailing d.o.o.
Radnicka Cesta 39, Zagreb
Vat Nr: 82875991572
Contact: Laura@pure-sailing.eu & Lotte@Pure-sailing.eu
If we use the services of external providers to process your personal data, this is processing (of personal data) by order, in which case we are also in charge of protecting your personal data.
2. Types of personal data we process
We use the following personal data:
● Master data: Forename and surname, date of birth, country of birth, nationality, personal
identification number, Tax number
● Address and contact information data: city, e-mail address, mobile phone number
● Other data: type of identity document, number of an identity document, date of boarding, port ofboarding, name of yacht or boat, number of skipper license, number of VHF license, credit card number, booking number, GPS coordinates of navigation.
3. Legal basis and purposes of personal data processing
All types of your personal data are processed based on:
● Legal obligations: We process your personal data in accordance with the regulations in force, as well as for the purposes of notification and registration which we are obliged to perform in accordance with the regulations in force (e.g. the Ordinance on the conditions for conducting the activity of chartering of vessels with or without crew and the provision of guest accommodation services on vessels, concluding an agreement on the provision of chartering of vessels).
● Fulfillment of agreement: We process your personal data for the purpose of fulfilling the
agreement and contractual obligations we have concluded.
● Consent: you have given us to process your personal data for the purposes of sending
promotional offers and other business-related information, for the purpose of assessing
satisfaction after the charter period, and for the purpose of contacting you.
● Legitimate Interest of the Controller: All your data is processed for the purpose of meeting the obligations of the legislative body (e.g. Ordinance on the conditions for conducting the activity of chartering of vessels with or without crew and the provision of guest accommodation services on vessels) or for fulfilling contractual obligations and concluding agreements, e.g. Agreement on the provision of vessel chartering. We collect personal data from our customers in person, at fairs, via websites, e-mails and by phone or we receive them from other chartering agencies.
4. Retention period
In principle, we shall delete your personal data upon termination of the contractual relationship and no later than the expiration of any legal requirements related to the retention of personal data.
5. Consent management
You can revoke your consent at any time. You can also, at any time, object to our processing of your personal data.
You can change your consent via a written request at the following address:
Pure Sailing d.o.o.
Radnicka Cesta 39, Zagreb, Croatia
or by e-mail at: email@example.com or Lotte@pure-sailing.eu
If you revoke the given consent, we will no longer use your data for the said purposes. If you wish to give your consent again, you are able to do so.
In the case of processing of your personal data that does not require your consent and that is necessary for the conclusion of an agreement with us or the fulfillment of the concluded agreement, or due to obligations we have under the law, if you do not provide us with these data, we will not be able to fulfill our contractual obligations towards you, nor will we be able to conclude an agreement with you.
6. Rights of data subjects
● Right of access to data and information on processing personal data
i.e.does the controller process the personal data of data subjects or not and if the data is
processed, what is the purpose of this processing, categories of personal data in question, etc.
● Right to rectification
If we process your personal data that are incomplete or inaccurate, you may ask us to correct or complete them at any time.
● Right to erasure
You may ask us to delete your personal data if we have processed them illegally or if that
processing represents disproportionate interference with your protected interests. Please note
that for some reason immediate deletion is not possible. For example, due to the archiving
obligations laid down by law.
● Right to data portability
You may ask us to provide you the data you have entrusted to us in a structured form, in a
standard machine-readable format: • If we process these data on the basis of consent you have
given us and which you may revoke or for the fulfillment of our agreement and • if the processing is done using automated processes.
● Right to object
If we distribute your information for the purpose of performing a public interest task or a task of public bodies, or when upon the processing of your information we invoke our legitimate interests, you may file an objection against such data processing if there is an interest in protecting your data.
● Right to object to the competent authority
If you believe that upon processing your data we have violated Croatian or European data
protection regulations, please contact us to resolve any issues. You are certainly entitled to file a complaint with the Croatian Data Protection Agency, or in the event of a change of the applicable regulations, with another body that will assume its jurisdiction, and starting from 25 May 2018 with the supervisory body within the EU.
● Exercise of rights
If you wish to exercise any of the aforementioned rights, contact us using our contact information referred to in Article 1 of this Statement.
● Identity confirmation
In case of doubt, we can request additional information to verify your identity. This serves to
protect your rights and private spheres.
● Misuse of rights
If you execute any of these rights too often and with the obvious intent of misuse, we may charge you an administrative fee or decline to process your request.
● Right of limitation of processing
You may request a limitation on processing your data:
If you dispute the accuracy of your data during a period that allows us to verify these data.
If the processing of your data was unlawful, but you refuse the deletion and instead ask for a limitation of use of this data.
If we no longer need the data for the foreseen purposes, but you still need them for the realization of legal requirements or if an objection has been filed for processing these data.
7. Transfer of data to third parties
We shall keep your personal data and shall not disclose them or make them available to third parties except in the following cases:
● If you explicitly and in writing agree to disclose certain confidential data for a particular purpose or to a particular person.
● If the Ministry of the Interior or the competent State Attorney requires the data for the purposes of carrying out the tasks within their competence.
● If a court, attorneys, or a notary public requires the data for their proceedings, where the
submission of such data is required in writing.
● If the Tax Administration, the Croatian Pension Insurance Institute, and Croatian Health Insurance Fund require the data on the basis of the legal obligations that the controller has towards them.
● If we are obliged to submit data to the Ministry of Maritime Affairs, Transport and Infrastructure.
8. Transfer of data to third countries
Transfer of data to third countries (countries outside the EU) is performed only:
- if there is a statutory obligation
- if the transfer is necessary for the fulfillment of contractual obligations
- if you have given your explicit consent
9. Use of digital services (website, applications)
We collect only those personal data that visitors of our official website voluntarily make available to us when submitting contact information, applying for jobs, using call-back services, and filing complaint forms. These personal data are used confidentially and only for a specific purpose. The transfer of these personal data to third parties is not carried out unless there is a statutory obligation or an order of the official body when such personal data may be forwarded to the competent authority. Access to the website is protocoled and technical data such as website traffic, the operating system used, display resolution, time of visit, and the size of the transferred data are recorded on that occasion.
Strictly Necessary Cookies
Necessary cookies help make a website useful, by enabling basic functions such as page navigation access to secure areas of the website. The website can not function optimally without these cookies.
These cookies allow us to count visits and traffic sources so we can measure and improve the
performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. We may provide these cookies to third party service providers to help us run these analytics (e.g. Google Analytics). All information these cookies collect is aggregated or anonymized data and do not relate to you personally. If you block or opt out of these cookies, we will not know when you have visited our site, and will not be able to monitor its performance.
Social Media & Ad Targeting
These cookies may be set by a range of social media services that we may have added to the site to enable you to share our content with your friends and networks (such as Facebook, Twitter, LinkedIn). They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies, you may not be able to use or see these sharing tools.
We have taken all technical and organizational measures to protect your data against loss, alteration, or access by third parties. In case you have any questions, please feel free to contact us and we will respond as soon as possible to your requests and queries and help you in exercising your rights.
Any changes to our policy on the protection of personal data shall be disclosed in our Personal Data Protection Statement and on our website, and you will be adequately informed about them.
10. Security Statement
We have taken all reasonable steps to have in place appropriate security measures to protect your information.
11. Changes to this policy
Any changes to this Policy will be either posted on our website, brochure, and/or made available upon request.
Terms and Conditions
I. Charter fee
The charter fee includes the use of the yacht including all of its accessories recorded in the inventory list and other accessories additionally contracted by the Charterer, their natural wear and tear as well as any and all costs for the repair of any damage due to material fatigue, the services provided to the Charterer as well as all general taxes and fees for the yacht during the charter period due at the start and finish berth as well as the proportionate costs for the ship's liability and comprehensive insurance of the yacht.
Not included in the charter fee are any fees for traveling in waters, areas or harbors, mooring fees outside the starting or finishing berth and fees for checking in or out as well as the costs for operating supplies such as diesel fuel or gasoline. The crew onboard (Skipper and Hostess) as well as any food and beverages consumed onboard are also not included.
Costs for the final cleaning, gas, petrol for the outboard motor, bed linen and towels may be included in the charter fee. Otherwise these additional expenses must be listed separately by the Charter Operator and submitted to the Charterer in good time before the charter date.
II. Obligations of the Charter Operator
The Charter Operator undertakes to the Charterer as follows:
1. To hand over the charter yacht including all accessories on the agreed date after full payment of the charter fee in a seaworthy, proper, age-appropriate state and technical condition.
All prescribed maintenance intervals have been complied with and must also cover the entire charter period. Special attention must be paid to the maintenance of rescue equipment and safety-related equipment such as (if available / mandatory) life raft, life jackets, emergency signals, EPIRB, fire extinguishers and the gas cooker system as well as the completeness and updated versions of the nautical charts and navigational instruments.
2. To hand over to the Charterer all the valid certificates, documents, lists, operating instructions of the yacht and other documents required for entering the contractually agreed maritime area, along with the ship's papers. The contractually agreed, exclusive maritime cruising area as well as possible temporal restrictions must be defined in these documents without any contradictions and in clear terms. The Charter Operator must explicitly point out any peculiarities not generally known or not obvious. All documents must be in English or in the local language of the Charterer.
3. To remedy damage or defects occurring during the charter period or discovered hidden defects within the scope of the contract (see point V).
4. To reimburse downtime in accordance with the contract (see point V).
5. To be available to the Charterer during the charter period by phone or radio, at least during normal office hours.
III. Obligations of the Charterers
The Charterer has the following obligations towards the Charter Operator:
1. To name all crew members before the start of the charter according to the Charter Operator’s instructions (creation of a crew list).
2. To keep the ship ready for check-out at the agreed place of return 1-2 hours before the time agreed with the Charter Operator.
3. To not extend the agreed charter period without prior coordination with the Charter Operator.
4. To keep the yacht sufficiently close to the return port within the last 24 hours before the end of the charter, so that the timely arrival is guaranteed, even in case of adverse conditions (bad weather). Weather conditions do not affect the duty of punctual return, unless there is a case of unpredictable force majeure. If a late return is foreseeable, the Charter Operator must be informed immediately.
5. To notify the Charter Operator immediately if the trip has to be completed at a location other than the agreed return location. In this case, it is up to the Charterer to take care of the ship or to have it provided by sufficiently qualified persons until the Charter Operator can take over the ship. The charter only ends with the takeover of the yacht by the Charter Operator. The Charterer must bear the additional costs incurred by the Charter Operator due to any deviation from the agreed return location, unless there is a case of unforeseeable force majeure or the Charter Company himself has requested
the alternative return location or the Charter Operator himself has caused such circumstances by way of culpable conduct (e.g. by hidden defects of the charter yacht).
6. To handle the yacht and equipment in a careful manner and in accordance with the rules of good seamanship. Other necessary maintenance measures during the charter period must be explained by the Charter Operator to the Charterer on the occasion of the handover and also include a prepared maintenance list.
7. In the event of damage, undertake damage avoidance and mitigation in accordance with good seamanship and fulfill the reporting and cooperation obligations to all times.
8. To enter the charter yacht only with suitable, clean and non-marking boat shoes.
9. To fulfill the legal regulations of the countries of stay, to inquire in advance about any necessary licenses or driving rights that might be required.
10. Always duly clear inward and outward and pay any and all applicable mooring fees correctly.
11. Not to take more persons on board than permitted or agreed and thus named in the crew list.
12. Not to make any changes to the ship and equipment, unless this serves to ward off imminent damage or has been agreed in advance with the Charter Operator.
13. Not to carry any animals and/or undeclared dutiable goods or dangerous goods or materials, not to participate in regattas or to use the yacht for commercial purposes (for example for training purposes, goods or passenger transport) without the prior written consent of the Charter Operator.
14. The Charterer or skipper is responsible for the management of the yacht and is liable to the
Charter Operator or insurer for damages resulting from disregard of the required rules of conduct.Within the scope of this contract, the crew members are vicarious agents of the Charterer and/or skipper.
IV.Performance disruptions (charter contract)
CLAUSE 1 AGREEMENT TO LET AND HIRE
The OWNER agrees to let the Vessel to the CHARTERER and not to enter into any other Agreement for the Charter of the Vessel for the same period.
The CHARTERER agrees to hire the Vessel and shall pay the Charter Fee, the Advance Provisioning Allowance, the Delivery/Redelivery Fee, the Security Deposit and any other agreed charges, in cleared funds, on or before the dates and to the Account specified in this Agreement.
CLAUSE 2 DELIVERY
The OWNER shall at the beginning of the Charter Period deliver the Vessel to the port of Delivery and the CHARTERER shall take delivery in full commission and working order, seaworthy, clean in good condition throughout and ready for service, with full equipment (including life-jackets for children if any are carried in the CHARTERER’s Party), as required by the Vessel’s registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER to use the Vessel as set out in Clause. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or
passages within the Cruising Area.
CLAUSE 3 RE-DELIVERY
The CHARTERER shall re-deliver the Vessel ot the OWNER at the Port of Re-Delivery free of any debts incurred for the CHARTERER’s account during the Charter Period and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use. The CHARTERER may, if he wishedm re-deliver the Vessel to the port of Re-Delivery and disembar prior to the end of the Charter Period but such early re-delivery shall nor entitle the CHARTERER to any refund of the Charter Fee.
CLAUSE 4 CRUISING AREA
a) The CHARTERER shall restrict the cruising of the Vessel to within the Cruising Area and to within regions of the Cruising Area in which the Vessel is legally permitted to cruise. The CHARTERER shall also restrict time under way to an acreage of six (6) hours per day, unless the Captain, at his sole discretion, agrees to this time.
b) While the Captain and/or Broker will make all reasonable efforts to accommodate the
CHARTERER request for a berth; it is understood that the Captain and/or Owner and/or Broker
and/or Stakeholder (if applicable) cannot be held liable for the non-allocation of the berth.
CLAUSE 5 MAXIMUM NUMBER OF PERSONS - RESPONSIBILITY FOR CHILDREN - HEALTH OFTHE CHARTERER’S PARTY
a) The CHARTERER shall not at any time during the Charter Period permit more than a Maximum Number of Guests Sleeping or Cruising on Board plus, at the sole discretion of the Captain, a reasonable number of visitors whilst the Vessel is securely moored in port.
b) If children are taken on board, the CHARTERER shall be fully responsible for their conduct and entertainment and no member of the crew shall be held responsible for their
conduct or entertainment.
c) The nature of a charter may render it unsuitable for anybody with physical disabilities or
undergoing medical treatment. By signature of this Agreement the CHARTERER warrants the
medical fitness of all members of the CHARTERER’s party for the voyage contemplated by the
Agreement. The CHARTERER and his party undertake to have all necessary visas and
vaccinations for the countries to be visited.
CLAUSE 6 CREW
a) The OWNER shall provide a Captain qualified in accordance with the Vessel‘s flag state
requirements and acceptable to the insurers of the Vessel. He shall also provide a suitably qualified and properly trained Crew. No member of the Crew shall carry or use any illegal drugs on board the Vessel or keep any firearms on board (other than those declared on the manifest) and the Captain and Crew shall comply with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement.
b) It is understood that the Crew are entitled to a minimum amount of rest in accordance with the Vessel’s Code of Practice.
c) The Captain and Crew are bound at all times to keep all information related to this Charter the OWNER, the CHARTERER, and all Guests as confidential and no information is to be disclosed to any third party without prior permission in writing.
CLAUSE 7 CAPTAINS AUTHORITY AND RESPONSIBILITIES
a) The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain shall comply with all reasonable orders given to him by the CHARTERER regarding the management, operation and movement of the Vessel, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which might result in the Vessel moving to any port or place that is not safe and proper, or might result in the CHARTERER failing to re-deliver the Vessel upon the expiration of the Charter Period, or would, in the reasonable opinion of the Captain, cause a breach of Clause 13 and/or any other clause of this Agreement. Further, without prejudice to any other remedy of the OWNER, if, in the reasonable opinion of the Captain, the CHARTERER or any of his Guests fail to observe any of the provisions in Clause 13 and if such failure continues after the Captain has given due and specific warning to the CHARTERER in writing in respect of the same, the Captain shall inform the OWNER, the Broker and the Stakeholder, and the OWNER may terminate the Charter forthwith or instruct the Captain to return the Vessel to the Place of Re-Delivery and upon such return the Charter Period shall be terminated. The CHARTERER and his Guests shall disembark, the CHARTERER having settled all outstanding expenses with the Captain beforehand and the CHARTERER shall not be entitled to any refund of the Charter Fee.
b) With particular regard to the use of water sports equipment, the Captain shall have the authority to exclude the CHARTERER or any or alI of his Guests from use of any particular water sports equipment if they are unsafe, or behaving in an irresponsible manner, or are under the influence of alcohol, or are failing to show due concern for other persons or property when operating this equipment.
CLAUSE 8 OPERATING COSTS
The Charter Fee includes the charter of the Vessel with all its equipment in working order; tools; stores; cleaning materials and basic consumable stores for engine room, deck, galley and cabins; laundry of ship’s linen, uniforms and food; the insurance of the Vessel and crew as per Clause 16. The CHARTERER will pay, at cost, for all other expenses. These include, but are not limited to, shoreside transport; fuel for the main engines and generators; fuel for tenders; food and all beverages for the Charter Party; berthing dues and other harbor charges including pilots’ fees, local taxes, divers’ fees, customs formalities, charges for water and electricity taken from shore; ships’ agents’ fees where applicable; Charter Party communications and internet use; and hire or purchase costs of any special equipment placed on board at the CHARTERER’s request. Payment for extraordinary expenses such as special requirements or equipment, shoreside transport or excursions or any other expenses not customarily considered part of the Vessel’s operating costs may be required to be paid in advance or to the Captain on boarding, in addition to the APA. Having paid the Advance Provisioning Allowance (APA), the CHARTERER shall be advised by the Captain, at intervals, as to the disbursement of the APA and shall, if the balance remaining becomes insufficient in the light of current expenditure, pay to the Captain a sufficient sum to maintain an adequate credit balance. The OWNER shall ensure the Captain will exercise due diligence in the expenditure of the APA. Any charges or fees related to the transfer of the APA to the Vessel are for the CHARTERERs account. Exchange rates, if applicable, cannot be guaranteed. Prior to disembarkation at the end of the Charter Period, the Captain shall present to the CHARTERER a detailed account of expenditure, with as many supporting receipts as possible, and the CHARTERER shall pay to the Captain the balance of the expenses or the Captain shall repay to the CHARTERER any balance overpaid, as the case may be. Payment by cheque, credit card or other negotiable instrument is not normally acceptable due to the itinerant nature of the Vessel‘s seasonal schedule and the CHARTERER should therefore ensure that he has sufficient funds available to cover all foreseeable expenses or arrange to deposit additional funds with the Broker.
CLAUSE 9 DELAY IN DELIVERY
a) If, by reason of force majeure (as defined in Clause 17 (a)), the OWNER fails to deliver the
Vessel to the CHARTERER at the Place of Delivery at the commencement of the Charter Period
and delivery is made within forty-eight (48) hours of the scheduled commencement date, or within one tenth (1/10th) of the Charter Period, whichever period is the shorter, the OWNER shall pay to the CHARTERER a refund of the Charter Fee at a pro rata daily rate or if it be mutually agreed the OWNER shall allow a pro rata extension of the Charter Period.
FAILURE TO DELIVER
b) If by reason of force majeure the OWNER fails to deliver the Vessel within forty-eight (48) hours or a period equivalent to one-tenth (1/10th) of the Charter Period, to the Place of Delivery,
whichever period is the shorter from the due time of delivery, the CHARTERER shall be entitled to treat this Agreement as terminated. The CHARTERER’s exclusive remedy will be to receive
immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement. Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time.
c) If the OWNER fails to deliver the Vessel at the Place of Delivery at the commencement of the
Charter Period other than by reason of force majeure; the CHARTERER shall be entitled to treat
this Agreement as repudiated by the OWNER. The CHARTERER will be entitled to immediate
repayment without interest of the full amount of all payments made by him under the terms of this Agreement and shall in addition be paid by the OWNER liquidated damages of an amountequivalent to fifty percent (50%) of the Charter Fee.
CANCELLATION BY OWNER
d) If prior to the commencement of the Charter Period as set out in Page One of this Agreement, the OWNER tenders notice of cancellation via the Broker and if the cancellation is by reason of force majeure, the remedy in (b) above shall apply.
e) If the cancellation is for any reason, other than force majeure, the CHARTERER shall be entitled to immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement and shall in addition be entitled to liquidated damages from the OWNER to be calculated and paid forthwith on the following scale:
i) Thirty (30) days or more before commencement of the Charter Period, an amount
equivalent to twenty five percent (25%) of the Charter Fee.
ii) More than fourteen (14) days but less than thirty (30) days before commencement of the
Charter Period, an amount equivalent to thirty five (35%) of the Charter Fee.
iii) Fourteen (14) days of less before the commencement of the Charter Period, an amount
equivalent to fifty perfect (50%) of the Charter Fee.
CLAUSE 10 DELAY IN RE-DELIVERY
a) If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER.
b) If the CHARTERER fails to re-deliver the Vessel to the OWNER at the Place of Re-Delivery due
to intentional delay or change of itinerary against the Captain‘s advice, then the CHARTERER
shall pay forthwith to the OWNER via the Broker/Stakeholder’s Account demurrage at the daily
rate plus fifty percent (50%) of the daily rate. The CHARTERER shall be liable for all operating
costs as per Clause 8 and indemnify the OWNER for any loss or damage which the OWNER
shall suffer by reason of deprivation of use of the Vessel or cancellation of, or delay in delivery
under any subsequent Charter of the Vessel.
CLAUSE 11 CANCELLATION BY CHARTER & CONSEQUENCES OF NON-PAYMENT
a) i) Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the commencement of the Charter Period, some or all of the Charter Fee may be retained by the OWNER determined as follows: After this Agreement is signed but before the final installment is due to be paid, the OWNER shall be entitled to retain the first installment. After any subsequent installments are due to be paid, the OWNER shall be entitled to retain the first installment and any subsequent installments due. If any of the installments are due to be paid but have not been paid then the OWNER shall have a claim against the CHARTERER for the amount so due.
ii) Default of payment or failure to pay
Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any
amount due under this Agreement, the OWNER reserves the right to treat this Agreement as
having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation.
iii) Notwithstanding the OWNER‘s right to receive or retain all payments referred to above, the
OWNER shall be under a duty to mitigate the CHARTERER’s loss and in the event that the
OWNER is able to re-let the Vessel for all or part of the Charter Period under this Agreement, the OWNER will give credit for the net amount of charter hire arising from such re-letting after
deduction of all commissions and other consequential expenses arising from such re-letting. The intention is that the OWNER shall receive the same in net proceeds from any re-letting as would have been received under this Agreement had it not been canceled or repudiated, so that the OWNER shall reimburse or forgive payments received or due from the CHARTERER only to the extent that the net proceeds from any re-letting which correspond to part or all of the Charter Period exceed the amounts which would have been received under this Agreement. The OWNER shall use his best endeavors to re-let the Vessel and shall not unreasonably withhold his agreement to re-let, although charters which may reasonably be considered detrimental to the Vessel, its reputation, its Crew or its schedule may be refused.
iv)If, prior to the date of cancellation, the Vessel has taken on provisions for the Charter, or has
utilized the Delivery/Re-delivery Fee as set out on Page One of this Agreement, then the
CHARTERER shall pay for these expenses unless all or part can be either refunded by the
supplier or transferred to the next Charter, in which case they shall be adjusted accordingly. The Captain and OWNER shall be under a duty to mitigate these expenses where possible.
b) If, after signature of this Agreement, the OWNER is adjudged bankrupt or, in the case of a
company, a liquidator, receiver or administrator is appointed over all or part of the OWNER’s
assets, the CHARTERER shall be entitled to cancel the Charter and all monies paid to the
OWNER, his agent or the Stakeholder pursuant to this Agreement shall be refunded without
CLAUSE 12 BREAKDOWN OF DISABLEMENT
If after delivery the Vessel shall at any time be disabled by breakdown of machinery, grounding, collision or other cause so as to prevent reasonable use of the Vessel by the CHARTERER for a period between twelve (12) and forty-eight (48) consecutive hours or one tenth (1/10th) of the Charter Period, whichever is the shorter (and the disablement has not been brought about by any act or default of the CHARTERER) the OWNER shall make a pro rata refund of the Charter Fee for the period of the disablement or, if mutually agreed, allow a pro rata extension of the Charter Period corresponding with the period of disablement. If the CHARTERER wishes to invoke this clause he shall give immediate notice to the Captain directly, (or via the Broker). The CHARTERER shall not be liable for extra costs relating to the immobilization of the Vessel but will remain liable for normal expenses during the period of disablement. In the event of the actual or constructive total loss of the Vessel or if the Vessel is disabled as aforesaid for a consecutive period of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever is shorter the CHARTERER may terminate this Agreement by notice in writing to the OWNER via the Brokers or to the Captain if no means of communication is available. Within two (2) working days after such termination, the Charter Fee shall be repaid by the OWNER pro rata without interest for that proportion of the Charter Period outstanding after the date and time on which the loss or disablement occurred. In the event of such termination the CHARTERER may affect re-delivery by giving up possession of the Vessel where she lies. The CHARTERER shall be entitled to recover from the OWNER the reasonable cost of returning the CHARTERER and his Guests to the Place of Re-Delivery together with reasonable accommodation expenses incurred. Alternatively, after a consecutive period of disablement of more than forty-eight (48) hours or one tenth (1/10th) of the Charter Period, whichever the shorter and dependent on the nature and seriousness of the disablement, by mutual agreement the CHARTERER may elect to remain on board for the duration of the Charter Period and the CHARTERER will then have no further or additional claim against the OWNER.
CLAUSE 13 USE OF THE VESSEL
The CHARTERER shall comply, and shall ensure that the Guests comply, with the laws and regulations of any country into whose waters the Vessel shall enter during the course of this Agreement. The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the OWNER. The CHARTERER shall ensure that the behavior of the CHARTERER and his Guests shall not cause a nuisance to any person or bring the Vessel into disrepute. The Vessel is not to be used for commercial photo or film shoots of any nature, unless by written permission from the OWNER.
The CHARTERER and Guests shall afford the Crew due respect at all times. No Crew member shall besubjected to any type of harassment, sexual or otherwise, by the CHARTERER or Guests at any time during the Charter Period. Unless otherwise agreed, smoking shall be restricted to the exterior areas of the Vessel designated by the Captain. Rendezvous diving only unless otherwise noted under Special Conditions. The Captain shall promptly draw the CHARTERER’s attention to any infringement of these terms by himself or his Guests, and if such behavior continues after this warning, the Captain shall inform the OWNER or Stakeholder, and the OWNER may, by notice in writing given to the CHARTERER, terminate this Agreement in accordance with Clause 7. If the CHARTERER or any of the Guests shall commit any offense contrary to the laws and regulations of any country which results in any member of the Crew of the Vessel being detained, fined or imprisoned, or the Vessel being detained, arrested, seized or fined, the CHARTERER shall indemnify the OWNER against all loss, damage and expense incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement forthwith. The Vessel operates a zero tolerance policy and the possession or use of any illegal drugs or any weapons (including firearms) is strictly prohibited on board the Vessel. Failure to comply shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER, Stakeholder or Broker.
CLAUSE 14 NON-ASSIGNMENT
The CHARTERERS shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing the OWNER, which consent may be on such terms as the OWNER thinks fit.
CLAUSE 15 SALE OF THE VESSEL
a) The OWNER agrees not to sell the Vessel during the Charter period as set out on Page One of this Agreement.
b) Should the OWNER agree to sell the Vessel after the signing of this Charter Agreement, but
before delivery to the CHARTERER, the OWNER shall immediately, upon entering into an
agreement for the sale of the Vessel, give notice of such sale in writing to the CHARTERER via
the Broker. This information shall be kept in strict confidence by all parties to the Agreement.
c) Should the Vessel be sold one of the following provisions will apply:
i) The OWNER shall arrange for the Buyer to perform the Charter on the same terms and
conditions by signature of a rei-partite Novation Agreement. Where the charter is taken over by the Buyer on the same terms and conditions there shall be no penalty against the OWNER and no additional commission due to the Broker
ii) If the Buyer is unwilling or unable to fulfill the Charter Agreement then this Charter
Agreement shall be considered as having been canceled by the OWNER
in accordance with Clause 9. All payments made by the CHARTERER shall be promptly
repaid in full to him without deduction, and in addition liquidated damages calculated in
accordance with Clause 9 (e), i, ii or ii i, as appropriate, shall be paid. The Broker and Stakeholder shall be paid by the OWNER the full commission due on this original Agreement no later than seventy-two (72) hours after formal cancellation.
CLAUSE 16 INSURANCE
a) Throughout the period of this Agreement the OWNER shall insure the Vessel with first-class
insurers against all customary risks for a Vessel of her size, value, and type on cover no less than is provided under Institute Yacht Clauses 1.11.85 or other recognised terms extended to provide
Permission to Charter and to cover Third Party liability, Water Skiers liabilities together with
liabilities arising from the use by the CHARTERER and other competent person(s) authorized by him of personal water craft, including jet skis, wave runners and other similar powered craft as well as windsurfers, dinghies, catamarans or other water-sports equipment carried by the Vessel. The insurance shall also cover War, Strikes, Pollution and include insurance of Crew against injuries and/or Third Party liabilities incurred during the course of their employment. The CHARTERER shall remain liable for any loss, damage or liabilities arising from any act or
negligence of the CHARTERER or his Guests and not recoverable by the OWNER under his
b) All such insurance shall be on such terms and subject to such excess (deductible) as are
customary for a vessel of this size, value, and types. Copies of all relevant insurance
documentation shall be available on request for inspection by the CHARTERER prior to the
Charter on reasonable notice to the OWNER, and shall be carried on board the Vessel.
c) The CHARTERER should carry independent insurance for Personal Effects whilst on board or
ashore and for any Medical or Accident expenses (including emergency ranspor evacuation)
d) The CHARTERER should be aware that neither Charterer’s Liability nor Cancellation and
Curtailment Insurance are included in this Agreement.
CLAUSE 17 DEFINITION
a) FORCE MAJEURE
In this Agreement ‘force majeure’ means any cause directly attributable to acts, events,
non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the
OWNER, the Crew, or the CHARTERER (including, but not limited to, strikes, lock-outs or other
labour disputes, civil commotion, riots, acts of terrorism, blockade, invasion, war, fire, explosion,
sabotage, storm, collision, grounding, fog, governmental act or regulation, contaminated fuel,
major mechanical or electrical breakdown beyond the Crew‘s control and not caused by lack of
maintenance and/or OWNER’s or Crew’s negligence). Crew changes and shipyard delays not
attributable to the aforementioned causes, do not constitute lone majeure.
b) OWNER, CHARTERER, BROKER AND STAKEHOLDER Throughout this Agreement, the terms OWNER, CHARTERER, Broker, and Stakeholder and corresponding pronouns shall be construed to apply whether the OWNER, CHARTERER, Broker or Stakeholder is male, female, corporate, singular or plural, as the case may be.
CLAUSE 18 SALVAGE
During the period of the Charter, the benefits, if any, from all derelicts, salvage and towage, after paying the crew’s proportion, hire for the relevant period and expenses, shall be shared equally between the OWNER and the CHARTERER.
CLAUSE 19 COMPLAINTS
The CHARTERER shall give notice of any complaint in the first instance to the Captain on board and note shall be taken of the time, date and nature of the complaint. The Captain shall inform the Broker and Stakeholder as soon as practicable.
If, however, this complaint cannot be resolved on board the Vessel then the CHARTERER shall give notice to the OWNER or to the Broker within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance, but shall be confirmed as soon as possible in writing specifying the precise nature of the complaint.
CLAUSE 20 FORCE MAJEURE
When force majeure is invoked in relation to breakdown or disablement, the Owner will instruct the Captain or Owner’s representative to submit a detailed technical report, a copy of the vessel’s maintenance log, if applicable, and all relevant supporting documentation to the Charterer or Charterer’s representative.
CLAUSE 21 ARBITRATION & LAW
If the CHARTERER is not satisfied with the Owner’s solution and cannot find a peaceful and reasonable agreement with it, he/she has the right to court arbitration. Parties mutually agree that the relevant court in Split has exclusive jurisdiction to settle any disputes between the parties. It is agreed that Croatian law is applicable for the relationship of the Client and the Candor.
CLAUSE 22 NOTICE
Any notice given or required to be given by either Party to this Agreement shall be communicated in any form of writing and shall be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by mail or courier service or email or by facsimile in the case of the OWNER, to him or to the Broker at their addresses as per this Agreement or, in the case of the CHARTERER, to this address as per this Agreement or, where appropriate, to him on board the Vessel.