GENERAL RENTAL TERMS AND CONDITIONS
of the trade “Nevera”
Subject to general conditions
Article 1.
1.1. Pursuant to these General Rental Terms and Conditions, the rights and obligations from the Boat Rental Contract (hereinafter: the Contract) concluded by Davor Baričević, owner of service trade: UO NEVERA from Novi Vinodolski, Krmpotska 21, OIB: 37610618977, in the capacity of service provider (hereinafter: Service Provider), on the one hand, and legal and/or natural persons, in the capacity of the renter (hereinafter: the User), on the other hand, and form an integral part of the legal transaction in question (hereinafter: General Terms).
1.2. The General Terms and Conditions are published on the website of the Service Provider – www.novi-rentaboat.com.
1.3. The General Terms and Conditions also apply in the event that the User enters into a Contract through an intermediary with which the Service Provider has a contracted business cooperation based on a special legal transaction.
Mediation in concluding a charter Contract
Article 2
2.1. By concluding the Contract, the User expressly confirms that he is familiar with the General Terms, that the latter form an integral part of the Contract, and that the Service Provider is not responsible to the User for the accuracy of data and/or conditions presented to him by intermediaries, which are published in the General Terms of the Service Provider.
2.2. By concluding the Contract, the User expressly waives the right to compensation for the use of untrue, inaccurate or otherwise incomplete information in the presentation and sale of the Service Provider’s service by the intermediary.
2.3. By concluding the Contract, the User expressly confirms, in case of renting a boat from the offer of the third parties through the Service Provider, that the general conditions of these third parties are appropriately applied to the rental of boats not owned by the Service Provider.
Use of personal data
Article 3
3.1. By concluding the Contract, the Service Provider expressly undertakes to use the User’s personal data exclusively for the purpose of exercising the rights and obligations under the Charter Contract and will not use and/or publish and/or make them available to the third parties for other purposes, except as provided by the positive regulations.
User
Article 4
4.1. The User may only be a person who has a valid license to operate a boat of the appropriate category, unless otherwise provided by this article.
4.2. Exceptionally, the User is also considered a person who concludes the Contract, but does not have a valid license to operate the boat, or who has a valid license but has not reached 18 years and is not accompanied by an adult, under the condition that he, in addition to renting the boat, also hires a boat master/skipper from the the Service Provider.
Concluding a boat rental Contract
Article 5
5.1. The Contract is considered concluded by signing the standard form of the Service Provider, directly in the business premises of the latter or by a written confirmation of the User on the conclusion of the Contract, via e-mail and/or internet application of the Service Provider.
5.2. If the Contract is concluded via e-mail and/or internet application of the Service Provider, the User is obliged, together with a written confirmation of the conclusion of the legal transaction, to provide the Service Provider with proof of payment of 20% (twenty percent) of the agreed rental price to the account of the latter, while the difference of the agreed rental price must be paid to the account of the Service Provider no later than 30 (thirty) days before the agreed day of taking over the boat.
5.3. If the User, in terms of the previous paragraph of this article, fails to pay the difference between the agreed rental price, it is considered that the Contract is terminated and that the amount paid for the booking of the boat is a contractual penalty for the termination.
5.4. Written confirmation of the Contract, described in more detail in paragraph 1 of this Article, must contain personal data of the User and all persons entitled to use the charter service under the Contract, namely: name and surname, address, personal identification no., no. telephone, e-mail address, a copy of the identity document and a copy of the license to operate the boat.
5.5. The Service Provider is expressly authorized to cancel the reservation and refuse to provide the contracted boat rental service, if he finds that the User does not have a valid license to operate the boat or determines that the User has not presented required credible data in the written confirmation of the contract.
Boat rental deposit
Article 6
6.1. Before taking over the boat, the User is obliged to pay a deposit to the Service Provider, in the amount determined individually for each boat by the internal acts of the latter.
6.2. The Service Provider is obliged to return the paid deposit to the User in full, provided that he used the boat in accordance with the Contract, returned it at the agreed time, without damage, in good condition – clean and with full tanks of water and fuel.
6.3. Except for the obligation referred to in paragraph 1 of this Article, the User is not obliged to pay a deposit if he has hired a boat and a boat master/skipper by concluding the Contract.
Boat collection
Article 7
7.1. Before handing over the boat which is the subject of the Contract, the Service Provider is obliged to acquaint the User with the basic characteristics of the boat, engine operation, method of management and use of equipment.
7.2. By taking over the boat subject to the Contract, the User expressly confirms that he is familiar with the navigational safety rules, marine pollution prevention rules, contact numbers of emergency rescue and search services at sea, dealing with maritime accidents and the operation of the weather monitoring system.
7.3. The user explicitly confirms that he is aware of his obligation, during the rental, to respect and comply with all positive regulations of the Republic of Croatia, sail exclusively within the limits specified in the navigation license of the boat, and exclusively in Croatian territorial waters.
7.4. The User expressly confirms that he is familiar with the rules of conduct on the boat, which is the subject of the Contract, in a language that he understands.
7.5. The User expressly confirms that he is obliged to use the boat, which is the subject of the Contract, and its affiliation with due care and taking special care that the boat, equipment, accessories of the latter and/or persons transported are not damaged.
7.6. The User expressly acknowledges that he is not authorized to sublet and/or lease the boat, which is the subject of the Contract, to third parties, to embark and transport more persons than it’s allowed and/or to participate with the boat in question in any type of competition and/or use the boat for economic purposes (passenger transport, fishing, etc.).
7.7. The user expressly confirms that he is aware that the stay of pets on board is strictly forbidden.
7.8. The user expressly confirms, if it is determined that the user acted contrary to the ban from the previous paragraph, he will bear all the damage caused by the pet on the boat and/or equipment and/or its accessories.
7.9. The user expressly confirms, if it is determined that the user acted contrary to the ban from the previous paragraph, all costs of possible extraordinary cleaning of the boat, incurred as a result of the pet’s stay on the boat, fall on him and that, regardless of the latter, he loses the right to refund from the Art. 6. of these Terms.
7.10. The Service Provider is obliged to hand over to the User the boat, which is the subject of the Contract, tidy and clean, with full tanks of water and fuel, as well as with the contracted equipment.
7.11. If the Service Provider does not fulfill the obligation from the previous paragraph of this article, the User is obliged to complain about the condition of the boat and/or fuel and/or water supply, or lack of contracted equipment, because otherwise he loses the right to raise objections.
7.12. The User is authorized to pick up the boat of the Service Provider from 9:00 am on the first day of the agreed charter, and is obliged to return it no later than 19:00 o’clock on the last day of the agreed charter.
7.13. The User expressly confirms that he is aware that the Contract is considered terminated if he fails to take over the boat at the agreed time, without good reason, and the amount paid for renting the latter is considered a contractual penalty for wrongful termination of the legal transaction.
7.14. If the Service Provider is unable to fulfill the contractual obligation and make the contracted boat available to the User at the agreed time and place, the User has the right to request from the Service Provider to enable him to take over a boat whit the same or better qualities at the agreed time and place, or to terminate the Contract and request a refund of the rent paid, but in no case is the User entitled to claim damages for breach or termination of the Contract.
7.15. The User is obliged, under the threat of loss of rights, to notify the Service Provider, without delay, of any objections to the boat and equipment of the boat, which would not be in accordance with the contract, when taking over the boat, which is the subject of the Contract.
7.16. The service provider expressly guarantees that all boats from its offer are technically correct and registered, insured by valid insurance policies.
Rental price
Article 8
8.1. The price of renting a boat in the offer of the Service Provider is determined in the price list of the latter.
8.2. The price referred to in paragraph 1 of this Article refers to the boat with the equipment explicitly described.
8.3. The User expressly confirms that he is aware that additional equipment and/or delivery of the boat to a specific location is considered an additional service, which is charged separately, in accordance with the prices of the Service Provider.
8.4. The User expressly confirms that he is aware that the price of renting a boat does not include fuel costs, costs of port taxes and fees, costs of berths and marinas, deposit costs.
8.5. The User expressly confirms that he is aware that the price of renting a boat, in terms of this article, is published per Service Provider in EUR, but that it is calculated in HRK, in accordance with the middle exchange rate of the Croatian National Bank, on the day of the payment.
Return of the boat
Article 9
9.1. The User is obliged to return the boat, which is the subject of the Contract, to the Service Provider no later than 19:00 on the last day of the contracted charter.
9.2. Weather (un)conditions are not considered a justified reason for delay in fulfilling the obligation from the previous paragraph of this article.
9.3. In the event of a delay in the return of the boat, which is not caused by force majeure, the User expressly commits himself to pay to the Service Provider all costs incurred as a result of the delay.
9.4. If the User returns the boat, which is the subject of the Contract, with water and/or fuel tanks that are not full or dirty, he is obliged to pay the Service Provider the cost of fuel, water and cleaning, increased by the service explicitly provided in the price list.
Obligation to be extra careful when using the boat
Article 10
10.1. The User is obliged, except in the case of a hired skipper, to check the oil level in the propulsion unit of the boat, which is the subject of the Contract, and is responsible to the Service Provider in case of damage resulting from breach of the latter obligation.
10.2. The User is liable, except in the case of a hired skipper, for damage to the hull and other parts of the boat, which is the subject of the Contract, which are below sea level (such as propellers, etc.), and which is caused by improper handling and/or carelessness.
10.3. The User is solely liable for violations committed during the rental of the boat, which is the subject of the Contract, as well as for damages caused to the latter by third parties and/or property of third parties.
10.4. The Service Provider is not responsible for the loss and/or damage of the property of the User and the persons on board the boat which is the subject of the Contract.
Termination of the Agreement
Article 11
11.1. If the User, without good reason, cancels the reservation no later than 30 (thirty) days before the start of the contractual boat rental (timely cancellation), the Service Provider is authorized to keep 50 (fifty)% of the amount of the paid reservation.
11.2. If the User cancels the reservation less than 30 (thirty) days before the start of the contractual boat rental (untimely cancellation), the Service Provider is authorized to keep the paid reservation in full.
11.3. Replacement of the contracted boat with another boat from the offer of the Service Provider is considered a cancellation of the reservation.
11.4. The user expressly confirms that he independently bears the risk of weather conditions and that he is not entitled to a refund of the paid amount of rent due to bad weather conditions at the agreed time of renting the boat.
Obligations of the User in case of damage or other important circumstances
Article 12
12.1. In case of disappearance of the boat subject to the Contract, seizure or ban of navigation by the competent authority, accident at sea, damage to the boat and/or injury to persons on board, the User is obliged to report to all competent authorities and immediately notify the Service Provider.
12.2. The User is liable to the Service Provider for the damage caused by the untimely fulfillment of the obligation described in more detail in the previous paragraph of this Article.
Liability for damages in case of mediation
Article 13
13.1. By confirming the reservation, the User explicitly confirms that he is aware that the intermediary, based on the Contract concluded with the Service Provider, has assumed responsibility for any damage that the User may suffer, that is damage to the latter’s property on the boat subject to the Contract, that is, immediately before or after using them, in that case he waives any request to the Service Provider to repair the damage in question.
Objection to the fulfillment of rights and obligations
Article 14
14.1. The User expressly confirms that all complaints related to the fulfillment of rights and obligations under the Agreement must be submitted to the Service Provider in writing, under threat of loss of rights, no later than 2 (two) days from the cause of the complaint, via email nevera@novi- rentaboat.com.
Final provisions
Article 15
15.1. The User and the Service Provider agree that they will try to resolve any disputes between them, primarily in an amicable manner.
15.2. The User and the Service Provider agree that if the dispute is not resolved in the manner specified in paragraph one of this Article, the Commercial Court in Rijeka will have real and territorial competence.
15.3. The contracting parties agree that Croatian law is relevant for the determination of mutual rights and obligations.
