Bareboat and crewed charter Terms & Conditions
Last updated: January 31, 2023
1. Charter price and Terms of Payment
Charter price includes accommodation services for guests, the use of the boat with a full fuel tank and all its equipment. The price does not include the tourist tax per person per day, port and marina berths (except the first and last day of charter in embarkation base port) and the cost of fuel and other supplies during the rental period.
The client is obligated to pay 50% of the total amount during booking confirmation, while the remaining 50% must be paid at least 45 days before the beginning of the charter. Payments are made in cash (USD/EUR), by banker’s order or by credit card. All bank transfer costs are the obligation of the sender. The client may only take over the reserved boat under the condition that all the necessary payments have been properly made.
2. Charter Company’s obligations and responsibilities
The Charter Company is obliged to hand over the boat, seaworthy, functional, fully equipped, clean with full fuel and water tanks, legal for charter business and fully insured.
The Charter Company is obliged to hand over the vessel after 5.00 PM on the first day of the charter, and to do the check-in together with the client according to the boat’s check list. If the Charter Company is unable to make the boat available to the client in the place and at the time appointed the Charter Company will provide a similar or superior boat to the client as a replacement boat.
In case of any technical problem during the journey that was caused by a boat’s imperfection, the Charter Company is obligated to solve the problem within 24 hours starting from the moment of receiving the information from the client. Also, if the client reports any technical problem regardless of the cause, the Charter Company will do or organize a technical intervention on the sea in case of need.
3. Client’s obligations and responsibilities
The client is obliged to possess the valid license for the size and tonnage of the chosen boat required by the Maritime Law of the country where the boat is chartered, as well as, the VHF radio operator certificate (only for countries that requires it, like Croatia) and is obliged to show the original licenses at the reception upon arrival. It is a legal obligation. In case the client does not have a valid license, or if the Base Manager determines that the client does not have the needed knowledge nor the ability to operate the vessel, the Base Manager has the right to impose a professional skipper for the safety of the crew and vessel.
The client must fill the Crew List in advance, at least two weeks before departure and any change at any time must be reported to the Charter Company or to the Maritime Officials (Harbour Master’s office).
The client is obliged to operate and use the vessel in the best possible way, in the manner of a good captain, and a fine guest, checking the oil and the water level of the engine daily, navigating safely in order to preserve the vessel and the crew. Also, according to the contract, the client is obliged to return the vessel seaworthy and in good functional, visual and equipped condition, with full tank of fuel, empty tank of waste and at the agreed time.
Unless previously agreed with the Charter Company, the client is obliged to sail within the country of charter territorial waters, any exception requires special written permission. The client promises not to rent or lend the boat to another person, not to participate in regattas and not to use the boat for commercial purposes or professional fishing.
4. Check-in / Check-out Procedure
Check-in / Check-out procedure is a formal act of handling the boat, it should be done during office working hours, and not done late, during late sunset or at night due to visibility limitation and lack of diver.
Check-in time: Saturday (or any other day specified by the Charter Company) FROM 5:00 PM (if not agreed differently)
Respect check-in time as notified in your charter contract in order to allow proper maintenance and cleaning of the yacht to be performed.
During the check-in, the client is obliged to inspect the vessel seriously and report any kind of defects or missing equipment. Only complaints expressed prior to the signing of the “check list” will be taken into consideration. Once the client signs the “check list“, it is considered that he is completely satisfied and informed with the technical and inventory characteristics of the boat and he accepts the boat as it is.
Check-out time: Saturday TILL 9:00 AM (all Clients, with their belongings, must be out of the boat by that time).
Clients should return the boat back to the marina base on Friday afternoon latest by 5:00 PM (if not agreed differently). The boat must be returned to the Charter Company in the same condition as it was handed over. All loss or damages caused by the client will be charged directly or deducted from the safety deposit. If the vessel has been returned after the contractual check-out time, or to another location, without previous permission or agreement from the Charter Company, penalties will be deducted from the safety deposit in the following ratio:
Up to the first three hours of delay – penalty is a ½ of the daily accommodation price
3 - 5 hours of delay – penalty is a full day accommodation price
More than 5 hours of delay – Charter Company must contact the police and other relevant authorities. Penalties will apply based on the business damage caused and associated costs.
Depositing a Safety Deposit (by the Client) is a standard operating procedure when renting a vessel. It must be deposited in cash or by credit card prior to the handover of the vessel.
The deposit is to be returned to the client, in full amount, after his charter has been fully completed and explicitly under the condition that the vessel has been returned to the Charter Company in good condition, seaworthy and with the same functional, visual and equipment state as when it was handed over to the Client.
The deposit will only be used to cover the cost of repair related to damages caused by the client’s own fault to the vessel or its equipment during the charter period, or for the loss of equipment, or the client’s avoidance of contractual obligations (e.g. returned empty fuel tank, blocked toilet, etc.), or if the client has returned the boat late.
If a major vessel damage happens, with a cost higher than the Safety Deposit amount, the damage must be reported within 12 hours by the Client to the Harbour Master and to the Insurance company. It will be processed and resolved through official procedural ways (It is a legal obligation).
The deposit cannot be returned on Friday evening if the Client plans to spend the night on the boat and leave the boat early in the next morning before office hours (before 8:00 AM on Saturday). In this case the charter will keep the deposit and cancel it in the morning after determining that everything is in order on the boat. The security deposit must be left on the credit card. If no damage is detected during the check-out, the Charter Company will send the copy of the deposit cancelation, via e-mail or fax, to the client, as evidence.
The boat insurance covers all maritime risks and also includes insurance toward third parties.
Minor damages (up to amount of safety deposit) when items or equipment belonging to the boat are damaged or lost due to negligence, the insurance company will not cover for the repair or replacement and all related costs are to be covered by the Client on the spot.
Major damages (above the amount of safety deposit) or accidents need to be immediately (within 12 hours) reported to Maritime Officials (Harbour Master or Police) and to the Charter Base (It is a legal obligation), failing to do so, as per Insurance Policy Regulations, the case will not be accepted by the Insurance company. In such case, the client will be held responsible for the damage and shall cover all related expenses and be charged accordingly to the law.
Complete loss or damage of the outboard engine and dinghy (rib) are not insured and will be fully charged to the Client.
The Charter Company shall not be responsible for loss/damage of the skipper’s and crew’s private possessions.
If the client cancels the charter for any reason after the booking confirmation, the Client is free to find another person to take over his rights and obligations. If no replacement Client is found, the Charter Company will keep:
30% of the total amount for cancelation up to 120 days (4 months) prior to the charter period
50% of the total amount for cancelation within 60 days (2 months) prior to the charter period
100% of the total amount for cancelation within 30 days (1 month) prior to the charter period
If the Client cancels the accommodation service due to ‘force majeure’ (war, riots, strikes, terrorist acts, sanitary conditions, natural disasters on a larger scale, sudden illness, serious bodily injury, intervention by the competent authorities, or other exceptional and unexpected circumstances), www.seeksail.com / Seeksail, Inc. does not assume any responsibility in the inability to deliver the paid services and the Client shall not be entitled to a refund.
Any complaints from the client will only be taken into account if it is received in written form and if delivered to the Charter Company no later than 14 days after Client’s disembarkation. If the client files a complaint at the time of the check-out, the complaint shall be taken into account only delivered in written form and if signed by an authorized person from the Charter Company. The Charter Company is obliged to send a reply to every written complaint received.
All defects that occur on the boat regardless of the cause must be reported by the Client, immediately, to the Charter Company. If the Charter Company repairs the damage within 24 hours, the client has no right to any compensation. In any ways, there will be no compensation if the problem was caused by the Client’s wrong handling or misuse of the boat.
The client is expected to be cooperative and helpful in organizing and executing repairs of defects on the boat. Obstruction or lack of cooperation reduces the speed of execution and the quality of repairs.
Not knowing the sailing area, weather conditions of the area, characteristics of the rented boat or not having suffice ability to operate the boat in a proper way, as well as, bad weather and unrealistic expectations are not matters of complaints.
In the case of disagreement or dispute, a peaceful settlement will be sought. If this is not possible, the competent Court is in the Court of the country where the charter takes place.
Half board CREWED chartering Terms & Conditions
1. The price includes:
the charter services during the agreed cruising time, the ship’s departure from and arrival in the harbor, fuel and lubricants consumed while cruising for a daily minimum of 4 hours per a day (selected route), yacht’s crew, VAT or relevant sales tax, if applicable, insurance of the ship, the crew and its passengers while on the boat, minimum 4 hours of generator working per day, tourist fees, complete bed linen and towels.
2. The price excludes:
food and beverages, port fees, use of water sport equipment that consumes fuel, entrance fees to national parks, special taxes to marinas to meet the client's demand, special transfers, guided tours, special demands for embarkation and disembarkation of the client, more than 4 hrs cruising daily, tips and gratuities for the crew.
the agreed price is paid in two installments. The first 50% must be paid in advance as soon as the reservation and the signatures of agreement are completed. The payment is the trigger for the booking confirmation. The remaining 50% must be paid 45 days prior to the departure date.
4. Crew list:
the Client must deliver the exact crew list to the company at least two weeks prior to the embarkation. It is not permitted to have more persons on the boat than are listed in the crew list.
5. The cruise:
unless under a special agreement, the ship will cruise within The Charter company territorial waters according to a suggested itinerary. The captain can modify the itinerary in the event of bad weather conditions or in the impossibility to enter a planned harbor/marina.
half board is obligatory. The price per person per week includes breakfast and lunch/or supper. Approximately, breakfast from 8:00 to 9:00AM, lunch from 1:00PM to 2:00PM and dinner from 7:00PM to 9:00PM. Full board includes breakfast, lunch and dinner. Drinks, beverages and extra meals are paid by the client to the waiter or captain according to the given price list. Clients are not permitted to bring their own drinks and beverages onto the boat. Clients may not bring their own food on board if it is not explicitly permitted by the terms of the contract. The bar is open until 11:00PM. The company is obliged to equip the boat with all necessary food and beverages. All special demands must be made prior to cruising.
7. In the event that the ship is unable to put out to sea
The Charter Company will offer an alternative ship – of the same or better quality. In the event that the alternative ship is of lower quality, the price will be reduced to reflect the difference in quality. The Charter Company's liability, of any kind, is limited to the cruise price. In the event that the Company is unable to provide an alternative ship, the Charter Company may take up to 24 hours to repair the original ship. During this time all Client’s complaints are not receivable and the lost cruising time will not be replaced.
8. Special discount on renting prices:
9. In the event of cancelation by the Client:
The Charter Company reserves the right to levy cancelation charges as follow:
- 30 % of the total price, if canceled 120 days or more prior to embarkation
- 50 % of the total price, if canceled 60 days prior to embarkation
- 100 % of the total price for cancelations within 30 days prior to embarkation.
The Client and the Charter Company can find an alternative arrangement with the same terms and conditions as in this agreement. The Charter Company shall not be liable for any curtailment of the holiday caused through fault or reason of the passengers. No refund shall be made in the event of curtailment of the holiday once it has commenced, however caused, nor shall the Charter Company be liable for any consequent expenses incurred as a result of curtailment. In the case the Client cancels the accommodation service in the event of “force majeure” or other exceptional and unexpected circumstances (e.g. war, workers’ strike, terrorist incident, natural disaster on a larger scale, sudden illness, serious bodily injury, etc.), the Client shall not be entitled to a refund.
10. cancelation or variation by the Charter Company:
The Charter Company reserves the right to cancel or alter the holiday arrangements should unforeseen circumstances require it. Should cancelation be necessary before embarkation, the Company will, if possible, offer an alternative holiday or will alternatively make a full refund of all money paid. The Charter Company is obliged to end the cruise in the harbor agreed in the original planned route. In the event of bad weather conditions, the Charter Company may end the cruise in the closest place with public transport. Company liability of any kind is limited to the cruise price.
11. All additional payments
will be paid at the end of the cruise to the captain or any representative of The Charter Company according to the price receipts.
12. The passengers are due to hold on to the captain’s rules
regarding the safety of the yacht and the wellbeing of all passengers on board. The boat cruises only during the day, not at night. Only by an explicit arrangement with the Charter Company or as a matter of necessity can the boat cruise during the night. Smoking below deck and in the cabins is prohibited, the passengers are obliged to abide by the local rules protecting the environment as well as rules governing fishing and diving.
13. Working time for the crew
is until 12am at the latest (after that it is considered as overtime).
you are on a boat and, sometimes, some raindrops can drip inside the cabins. During the Check-in, the crew will show the Clients the functioning of the toilets. It is prohibited to dispose of toilet paper and other objects in the toilets. In case of toilet obstruction, a fine will be charged and time in the harbor may need to be extended for the repair. The extra time spent on the harbor for that purpose cannot be considered as a legitimate cause of complaint.
is after 5 PM on the day of arrival and disembarkation is at 9 AM, latest, on the day of departure.
16. The client is to report to the Charter Company
if clients have some disease (chronic or contagious allergies) also if clients have any dietary requirements.
17. All remarks or suggestions
can be solved by agreements with the captain or directly with the Charter Company's representative. Unresolved complaints must be made in written form before the end of the cruise or delivered to the Charter Company not later than 14 days after disembarkation. Not knowing the sailing area, weather conditions of area, as well as bad weather and unrealistic expectations are not a subject of complaints. In the event of a dispute being taken to court, the competent court is the court in the country of charter.
18. These booking terms and conditions are part of the contract
and are accepted by signing a contract or consenting to the cruise (paying after an offer or embarking on a boat without a contract and/or ordering a cruise with www.Seeksail.com, Seeksail, Inc.)