1. LEGAL INDENTITY
The full name of the company is Sail Dalmatia Limited. Registered office is at Riverbank House, 1 Putney Bridge Approach, London, SW6 3JD. We act as a yacht charter broker (agent) on behalf of local boat owners in Croatia and Montenegro. Our terms and conditions are in line with the local boat owners policies and procedures.
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 up-to-date safety and life-saving equipment as required by the vessel's registration. The OWNER does not warrant her comfort in bad weather conditions for all cruises or passages within the Charter Area.
If the OWNER must cancel for any reason, the OWNER shall either find a substitute vessel or shall refund in full all monies paid by the charterer. Cancellation must be done in the speediest way possible, by phone or/and e-mail, followed by facsimile or/and registered mail. If monies are to be refunded, they should be transferred to the beneficiary’s account within 15 days after receipt of the written letter of cancellation by facsimile or/and registered mail.
If the CHARTERER must cancel for any reason the following cancellation charges will apply:
• 30 % of the total price, 2 months or more before the embarkation
• 50 % of the total price, 59 to 29 days before the embarkation
• 100 % of the total price for cancellations within 30 days before the embarkation
The client and the company can find an alternative arrangement with the same terms and conditions as in this agreement. The company shall not be liable for any curtailment of the holiday caused through fault or reason from charterer. No refund shall be made in the event of curtailment of the holiday once it has commenced, however caused, not the company shall be liable for any consequent expenses incurred as a result of curtailment.
4. CANCELLATION DUE TO FORCE MAJEURE
If the Charter cannot be fulfilled or completed due to Force Majeure, but no fault of the OWNER, CREW or CHARTERER, the Charter shall cease from the time thereof and no party shall be liable for the loss, damage, expense or inconvenience resulting therefrom. 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, CREW or the charterer (including, but not limited to, strikes, lock-outs, or other labour disputes, civil commotion, riots, blockade, invasion, war, sabotage, governmental act or regulation, plus fire, explosion, collision or grounding which were beyond the CREW’s control and not caused by the OWNER’s negligence).
The OWNER agrees to insure the vessel against fire, marine and collision risks and protection and indemnity coverage for the term of a Charter and thereby the charterer shall be relieved of any and all liability for such loss or damage. The OWNER also agrees to provide personal accident/injury insurance for all passengers and crew onboard the vessel/s for the term of a Charter. The OWNER holds the said policies of insurance but should the OWNER fail to carry such insurance he shall then assume the same responsibility as if the vessel and passengers were so insured.
The VESSEL, the OWNER and the CHARTER AGENT accept no responsibility for accidents, injuries, or death due to swimming or the use of snorkels, masks or allied equipment such as scuba equipment whether supplied by the OWNER, his agents or others. The VESSEL, the OWNER and the CHARTER AGENT are not liable for any bodily injury or death related to water skiing, wake boarding, wind surfing, scuba diving, spinnaker flying, halyard flying, other on-board or in-water activities, or use of the vessel’s dinghy, outboard motor or other equipment. The CHARTERER acknowledges the risks of such activities and agrees to this provision.
7. CAPTAIN'S DUTIES:
The charterer may decide on the general course of the voyage and ports of call, however the Captain shall handle clearance and normal running of the vessel and be responsible for the safe navigation of the same and that charterer shall abide by his judgment as to sailing, weather, anchorage and other pertinent matters.
8. CHARTERER'S RESPONSIBILITY:
The charterer agrees to be responsible for and to replace or make good any damage to the vessel, her furnishings or equipment caused by her/himself or by any of her/his party through carelessness or neglect and to satisfy any indebtedness that may have been incurred on account of or by order of the Charter party. It is the Captain’s discretion to ask someone to disembark if he believes their conduct is endangering the safety of the boat and passengers.
Any dispute in connection with the interpretation and fulfilment of this Agreement shall be decided, in the first instance, by arbitration in one of any offices for arbitration in the United Kingdom. Each party shall appoint one Arbitrator. If a solution cannot be found by arbitration then any of the parties has the right to take up the dispute in the civil courts. The place of the performance shall be in the United Kingdom. This Agreement shall be interpreted and fulfilled in accordance with the laws of the United Kingdom, Croatia and the European Union.
11. BOAT OPTIONS
Our staff are highly experienced and will do their utmost to assist you in finding a suitable boat for you. Once a suitable boat is allocated, an option will be granted. The options are normally held up to a week during the low season and 2 to 3 days during the high season. The options will automatically expire after the release date. There is no financial obligation on your behalf at this stage.
12. BOOKING PROCESS
If you decide to book a boat, you will need to let us know you wish to do so during the option time. No boats can be confirmed without paying a 50% deposit of the hull price. If you opt to pay us using a bank transfer, please note 3 to 4 days are required until the funds reach our account and the boat cannot be confirmed until the funds reached our account. The remaining balance is normally due 6 weeks prior departure. Boat bookings done within a month of departure are subject to full payment.
All prices are expressed in Euros. The prices can be expressed in Sterling subject to a daily exchange rate set by the Bank of England. The prices include a week charter, full crew (when required), fuel for daily navigation (Gulets only), passenger insurance and local port taxes and marina fees when applicable. The extras such as food, drinks and water related activities are normally paid locally in cash. The prices displayed on the web site are correct; however the company reserves a right to change the prices at any time.
14. FINANCIAL PROTECTION
14.1. The Law
There are two statutory schemes that exist to protect clients' money and to ensure that they'll be brought home if their travel company goes out of business. These schemes apply to package holidays and to some flight-only arrangements.
There's no legal requirement that flights bought direct from an airline, accommodation-only sales or a boat accommodation sale, are protected.
14.2 Package Holiday
If a client books a package holiday that includes a flight, then their money must be protected under the ATOL scheme. This is operated by the Civil Aviation Authority (CAA) www.caa.co.uk. If they book a package holiday that doesn't include a flight, then their money will be protected either by way of a bond held by a trade association, e.g. ABTA, or by way of an insurance policy, or by placing their money into a trust account.
14.3 Voluntary Schemes
Some travel companies offer protection for clients' money voluntarily. For example, accommodation-only providers may offer protection although there's no legal requirement for them to do so. This protection may be provided by way of a bond held by a trade association, e.g. ABTA, or by way of an insurance policy or by placing the money into a trust account.