General Terms and Conditions
The Owner reserves the right to change or cancel the reservation under unforeseen circumstances or owing to circumstances beyond our control. If replacement cannot be found, The Owner reserves the right to cancel reservation. Deposit paid in advance will be returned.
The Charter Fee includes the hire of the boat with all its equipment in working order, free stay in Marina Izola and parking for one car at the Marina Izola.
Minimum rental age is 21. An International Certificate for operators of pleasure Craft must be presented together with a passport or an acceptable national identity card. Advance reservations are recommended. Confirmation will be made by e-mail or phone upon receipt of 30% of the total renting amount.
The Charterer is obliged to make the down payment amounting 30% of the total amount at the time of the reservation. The remaining 70% of the total contracted amount must be paid latest on the first day of the rental period. The Owner does not accept personal checks. The price is inclusive of boat use and insurance. The payment is being done in € (Euro).
Deposit of 500€ must be transferred to The Owner bank account in advance or in cash on the first day of the rental period. The deposit will be returned to The Charterer upon return of the rental property (less the cost of the rental, gasoline and/or any damages) in clean and undamaged condition, providing all contractual terms are met.
4. The Owner’s duties
The Owner hands over the boat to the Charterer with full fuel and water tanks, clean and in good working condition, and is obliged to do the check in together with the Charterer according to the inventory list. In case the Owner is not able to hand over the boat at agreed place and time, the Charterer is entitled to demand a refund for the days he's not been able to use the boat.
Any hidden defects of the boat or its equipment, not known to the Owner at the time of handing over the boat, as well as any defects occurred after the boat has been handed over to the Charterer, do not entitle the Charterer to demand a decrease of charter costs.
In case that some equipment was damaged or lost during a previous charter and new equipment can not be delivered before the embarkation, the Charterer is not entitled to withdraw from the Contract, nor is the Charterer entitled to demand a discount of the contracted charter price, when such missing equipment does not effect the navigation safety of the boat or are not essential for the trip comfort , such as fresh water pump, fridge, toilet.
5. The Charterer’s duties
During the handing over of the boat, the Charterer is obliged to inspect the boat together with the authorized representative of the Owner and execute the inventory list. The Charterer may navigate the chartered boat within the Slovenian, Italian and Croatian territorial waters and is not allowed to sublease or use the boat for commercial purposes.
The Charterer is obliged to carry the following documents at all times: passport or personal identification card, copy of the charter contract, list of all passengers aboard the boat. The person operating the boat (skipper) must possess a valid motor boat operating license or must be able to present another acceptable license entitling such person to operate the boat in accordance with the applicable legislation. These documents are required by law and have to be presented upon request.
The Charterer is obliged to return the boat to the agreed place and in the agreed time, with full water and fuel tanks. In case the Charterer is in delay with returning the boat, the Owner will charge the Charterer the daily charter rate for a delay over 2 hours. The Charterer must notify the Owner in case of a delay caused by force majeure, whereas such delay will not be charged from the Charterer.
In case of failure of the boat or its equipment the Charterer has to inform the Owner immediately via one of the telephone numbers attached to the boats documentations. The Owner is obliged to remedy such fault promptly, immediately after receiving the notice. If the fault is remedied by the Owner within 24 hours from notification, the Charterer is not entitled to demand indemnification.
The Charterer is instructed to treat and handle the boat with due care and to obey all applicable regulations.
If the Owner representative finds that the boats operator doesn't have the required document as described in Term 1 Reservations or is by law not allowed to control the boat (for example: is under influence of alcohol or drugs), the boat will not be given to the Charterer and full amount of charter fee has to be paid by the Charterer.
If the Charterer doesn't want to act as the skipper of the boat, before commencement of the charter term, the Charterer must notify the name of such skipper. This nominated skipper will be co-responsible towards the Owner. All consequences emerging from allowing unauthorized persons to operate the boat are exclusively born by the Charterer.
Under no circumsatnces can person younger then 16 years control the boat. If that occurs there is no insurance coverage and the Charterer bares the entire responsibility and costs in case of any damage.
Same aplies if damage is caused because the skipper is under influence of alcohol and/or drugs- the entire responsibility and costs are on the Charterer.
The Charterer hereby agrees to handle and treat the boat and its inventory and equipment with due care. The Charterer must check daily the water and oil level in the boat's engine. Damages caused by insufficient oil or water are not insured and the Charterer will be fully responsible for those. In case of major break-downs and/or damages and in case of accidents involving other seagoing boats, such cases must be reported to the authorized Port captain authority. In such cases a protocol must be drafted on the case (signed by both parties) for the insurance company. At the same time the Owner must be notified about such event. If the Charterer doesn't act in compliance with this duty and instruction, the Charterer will be charged for all damages. The Charterer confirms with signature under the Inventory list to have received the boat in the status and conditions stated in such Inventory list, this statement applying to the status of the boat in both its under- and above-water structure.
Rental fee and security deposit will be applied to the payment for any and all damage to the vehicle occurring during the period of this rental agreement. The Charterer WILL REMAIN LIABLE FOR THE PORTION OF ANY DAMAGE COST EXCEEDING THE DEPOSIT, including attorneys fees, expenses and costs incurred.
Gasoline is additional. On collection, boat will have a full tank of petrol and should be returned as such.
If the gas tank is not filled in upon return the difference in fuel spent will be charged, plus 50€ refuelling expenses.
In this case the deposit will be returned after refuelling by the Owner minus fuel costs and refuelling expenses, assuming there was no damage to the boat.
In case the Charterer wants to cancel the reservation, the following cancellation fees will be charged from the Charterer:
- 10 % of the total amount for cancellation after booking confirmation (non refundable)
- 30 % of the total amount for cancellation over 30 days before the charter period
- 50 % of the total amount for cancellation over 15 days before the charter period
- 100 % of the total amount for cancellation within 15 days before the charter period
9. Late Arrivals
If arriving late, the Owner must be notified immediately to hold the boat more than 2 hours. If the Charterer does not notify the Owner about the late arrival boat will be made available for further rental. There is no prorating of rental fees for late arrivals. Return time cannot be extended beyond the originally scheduled return time unless approved prior to departure.
10. Early Returns
There will be no refunds on early returns.
Boat insurance covers all maritime risks and is inclusive of obligatory insurance towards third persons. Any damage that happened during the usage of the boat by the Charterer and that wasn't immediately reported to the Owner or the insurance company, will not be accepted under the insurance policy. In such cases the Charterer bares the entire responsibility for all such damages.
Personal property items of The Charterer(s) are not insured, so we propose to execute a separate insurance policy for valuable items prior to the charter term of the boat.
12. Check in/Check out of the boat
Check in: Friday afternoon (time can be adjusted)
Check out: Sunday evening by 6 pm. (exact time to be agreed prior to departure)
Check in: Saturday from 2 pm
Check out: Saturday until 10 am
Dates and time agreed on first page of this Agreement will prevail.
13. Engine failure and severe damages
Should any damage be caused by the usual wear and tear of the materials during the Bayliner charter period, the Charterer has the right and obligation to arrange for the repair of such damages up to a total amount of 150,00 Euro, which cost will be reimbursed after the boat is returned to base. Should the damage be repaired by the Owner within 24 hours, the Charterer will have no right to demand any reimbursement.
If the damage cannot be easily repaired on course and therefore an early return to the charter base is required, because such damage must be remedied before the start of the new charter period, the costs for lost days of charter will be refunded to the Charterer only if the damage in question was caused by the Owner. If such damage was not caused by the Owner, the Charterer is not entitled to any refund and will have to carry all additional costs relating to finding another suitable boat for the Charterer.
In case of major and severe damages and engine failures, in case of loss of boat and/or damage and injury to persons, the Charterer must inform the Owner promptly and also obtain a protocol on the event issued by third parties (port captain, medical physician, appointed expert).
Damages that are not reported to the Owner and damages for which the Charterer is not able to produce an officially verified protocol will be considered as damages caused by Charterer and therefore the Charterer will be charged in full for such damages.
In case of dispute that cannot be resolved in a friendly manner between the parties, the parties hereby agree upon the authorized court in Ljubljana.
THE OWNER takes no liability for safety to persons or damage to equipment while operating the boat.