By purchasing one of the programs offered by Pearlsea Yachts Ltd. you enter into a contractual relationship. Everything contained in our program shall represent a legal obligation for us and for you and makes an integral part of the Agreement. Only these conditions shall apply to resolving any disputes between us. Therefore, please read them carefully.
Booking and payment
The vessel accommodation can be booked by e-mail, phone, fax or directly. Reserved vessels with complete equipment can be used only after the payment is made (50% at booking, the remaining portion not later than 4 weeks before the commencement of accommodation). The Client shall provide the charterer with the list of names and addresses of the crew members 4 weeks before the commencement of accommodation.
The charter price includes use of the vessel equipped according to the official price list and the inventory list of Pearlsea Yachts. The charter fee does not include other costs, such as food, fuel or marina mooring expenses. The vessel shall be delivered (check-in) to the Client with full tanks of fuel and water, clean and in good working order and shall be returned (check-out) in the same condition as first delivered.
In the event that the Client is not able to commence the booked accommodation onboard due to any reason whatsoever, he/she shall find a person who will assume his/her rights and obligations with the charterer's consent. Should the Client is not able to find a replacement, the charterer shall withhold:
- 30% of the accommodation rate if the cancellation has been done up to two months prior to the starting date of accommodation,
- 50% of the accommodation rate if the cancellation has been done up to three weeks prior to the starting date of accommodation,
- 100% of the accommodation rate if the cancellation has been done later than three weeks prior to the starting date of accommodation.
At the delivery of the vessel, the Client shall pay the security deposit (the amount specified in the price list for each vessel) in cash or by a credit card. After check-out the vessel at the agreed destination and time, the security deposit shall be reimbursed in full, unless any damage on the vessel or damage or loss of any item of the vessel equipment has been found.
Each vessel has Casco and Compulsory Passenger (third party) Insurance. If the vessel is damaged, the Client shall bear the repair costs up to the deposit amount. The repair costs exceeding the deposit amount shall be borne by insurance company. In the case of gross negligence or in the case of non-reported damages all costs shall be paid by the Client. Personal property of skipper and crew is not insured and they are recommended to conclude their own insurance.
Vessel delivery procedure
- The vessel delivery: Saturday from 6 pm
- The vessel redelivery (check out): Saturday by 9 am
Only fully equipped vessels, with full fuel tanks and in good working order shall be delivered and they shall be returned in the same condition as first delivered. Any possible hidden defects or deficiencies of the vessel, which could not have been known to the charterer at check-in and defects which could arise after check-in, shall not entitle the Client to claim for the reduction of the accommodation rate. If further sailing is not possible for any reason or exceeding the charter term is inevitable, the base manager shall be contacted for further instructions. For overdue because of bad weather, the Client shall bear all costs incurred by the charterer due to such condition. Therefore, that safe navigation route planning is suggested. The Client shall be obliged to return the vessel to the agreed destination and time. If late in returning the vessel, the Client undertakes that for any delay of up to three hours shall pay the amount of the daily accommodation service and for any delay over three hours he/she shall pay the triple daily accommodation service with the addition of expenses incurred for the charterer due to the delayed return of the vessel. The delay can be justified only in cases of force majeure which the Client shall immediately notify the charterer.
The charterer shall deliver the vessel in good working order, cleaned and with full fuel and at the agreed destination and time. In case of inability to deliver the booked vessel, the charterer may prepare the vessel of equivalent or better features at the rate agreed for the reserved vessel or, with the consent of the Client, offer a smaller vessel with refunding the difference in the charter price, including possible compensation for accommodation costs while waiting the vessel, up to the agreed charter prices for the same period. Should no corresponding vessel is offered to the Client within 24 hours, the Client my cancel the Charter Agreement whereby the Charter shall refund the paid amount in full. Any other right to compensation is excluded.
Client's obligations and liabilities
The Clients are asked to use the vessel with due care and to obey all regulations. The Client shall have the appropriate navigation license. If the charterer came to the conclusion that the vessel master is not capable and competent to operate the vessel he/she will have the possibility to acquire required competence with hiring a skipper or the base manager will assign a skipper for the whole agreed charter period with additional charge to the Client. If the Client is not willing to be the vessel master (skipper), he/she shall appoint the skipper before the beginning of the charter. This person shall be co-responsible in relation to the charterer. The Client shall be responsible for any consequence of allowing to unauthorized persons to operate the vessel. The Client undertakes neither to sub-charter the vessel nor to lend it to other person, nor use it for commercial purposes or for professional fishery. He/she undertakes to sail at night only in safe weather conditions, not to sail out of the boundaries of the territorial waters of the Republic of Croatia and to respect the customs and other regulations. The Client undertakes to keep the log book and carefully handle the vessel, inventory and equipment. The Client shall check daily the level of oil and water in the engine. Damages caused by lack of water and oil in the engines are not insured and the Client shall bear them at his/her own expense. In case of serious damages, and also in case of other vessels participating, such event shall be reported to the Port Authority and a write a report (signed by both parties) shall be prepared for insurance company. The charterer shall also be notified. If the Client fails to satisfy these obligations as instructed, he will be charged for damage incurred. By signing the check-in list the Client confirms the receipt of the vessel in the state as recorded in the check-in list, which cover both includes the above- water and under-water part of the vessel.
The charterer shall take into consideration only complaints filed in writing at the time of check-out signed by the Client and the charterer.
Any disagreement or dispute hereunder, which the Parties have not been able to settle amicably, shall be decided by the court having jurisdiction in the seat of the charterer.