The Lease Price
The price of lease covers the use of the fully equipped vessel, vessel insurance above the value of the agreed upon deposit 500€ and personal insurance of the crew. The price of lease does not cover the expense of fuel and other necessities, skipper fee and other special expenses, and marina expenses during the use of the vessel.
Obligations and Responsibilities of the Tenant
The tenant agrees: to sail within the Croatian territorial water, not to lease or lend the vessel to anyone else, and to use the vessel in weather conditions that guarantee the crew and he vessel safety.
When the tenant does not have the intention to hire a skipper, he or she declares that they hold all the necessary licenses for navigating the leased vessel that are valid and are in accordance with the current law norms of the Republic of Croatia.
In the case of a breakdown or accident, the tenant is obliged to note down the sequence of events or to ask a confirmation in writing from the harbour master, doctor or other officials. The tenant is required to immediately inform the owner should any of these events occur. In the case of disappearance of the vessel, inability of navigation, vessel confiscation or navigation ban, imposed by the government or other people, the tenant is required to immediately inform the owner of the vessel.
The owner of the vessel will compensate the damage that has occurred accidentally or due to lack of attention of the tenant, by taking the amount from the deposit. When the required amount to cover the damage or breakdown exceeds the deposit amount, the owner will charge the damage from the insurer at which the vessel has been insured. When the damage or breakdown have occurred as a consequence of an obvious lack of attention or negligence of the tenant, or they have been done on purpose, the tenant is required to cover for all the potential expenses that may arise as a consequence of such events to the owner.
The tenant is required to sail within insufficiently known areas according to the nautical maps that he or she owns, or without previously studying the nautical maps of the certain area. Apart from that, the tenant is required not to sail by night.
The tenant is required not to leave the port or the dock, if the wind is blowing above 30 knots, or if weather forecasts suggest such weather conditions, if the harbour master has banned the navigation, or if a breakdown on any vital part of the vessel such as engine, pump, anchor, light, safety equipment etc. has not been fixed. The tenant is not going to leave the port or the dock without the sufficient amount of fuel when the weather conditions or the state of the vessel or the crew are not certain.
In the case of violating the above stated responsibilities the tenant is personally liable to the owner of the vessel and e or she agrees to accept all the consequences. The tenant is responsible for violating the norms of navigation, and other norms, even after the lease of the vessel has expired.
Taking over and returning the vessel
The tenant must keep all the stated documents of the vessel, which he received upon taking over the vessel until the end of the lease. The owner is required to provide the tenant with a vessel ready for navigation and completely equipped, with a full fuel tank. Before starting to use the service of leasing the vessel, the tenant is required to do a control check of the vessel and check if the equipment and inventory list corresponds to the actual state.
When the tenant fails to return the vessel to the agreed upon port and time, he or she accepts to pay a compensation to the owner of the vessel, including the potential damages and expenses that would occur as a consequence of the delay in return of the vessel. The delay may be justified only by a force majeure only if the tenant has informed the owner STRAIGHT AWAY.
The expenses incurred as a consequence of a loss or damage of the equipment and parts of the vessel, caused by lack of attention of the tenant and his or her crew, are to be compensated for by the tenant.
If the tenant returns the vessel with an empty fuel tank, the owner will charge the tenant the expense of filling the fuel tank.
Before taking over the vessel the tenant is required to put a deposit determined by the owner. The deposit will be returned to the tenant if the vessel is returned at the agreed upon time, undamaged and tidy, with a full fuel tank. If the vessel has been leased with a skipper provided by the owner, the tenant is also required to put a deposit which does not cover the expenses occurred due to skipper’s lack of attention or poor vessel and equipment navigation.
Applies to the vessel, the crew and the equipment in all cases of damage or loss under the franchiser, which depends on the type of the leased vessel.
The vessel and the owner are insured against responsibility for damages caused to a third party. All damages and/or losses covered by the insurance must be immediately reported to the owner upon occurrence.
The tenant and the owner are required with to solve all potential disagreements which may occur as a consequence of this contract’s execution through an agreement. Otherwise, the disagreements will be forwarded to the court in Makarska which has the appropriate jurisdicition.
T. O. NEVERA, Tucepi, Kamena 29, owner Tonci Simic, OIB 77027073083