| 1. Your contract to charter a boat
This is your online contract with Your chosen charter fleet (hereinafter referred to as "we"), covering the vessel you booked on this website (hereinafter referred to as "the website") hosted by ClubAdriatic.com Co. (hereinafter referred to as "CA"). On making this booking, you guarantee that you have the authority to and do accept on behalf of your crew the terms of these booking conditions.
By ticking the "accept" checkbox you accept all the terms and conditions of this contract and agree that the act of ticking this checkbox is equivalent to your personal signature. We, Your chosen charter fleet , have authorised CA to check whether your credit card account can be charged for the amount needed to pay for the sailing holiday you have selected on the website and to subsequently charge your credit account with this amount or part of this amount on our behalf.
For this reason, this contract goes into effect when we receive, via CA, your payment covering either the deposit or the full outstanding amount needed to cover your chosen sailing holiday. We shall notify you when this contract comes into effect, which shall be within five days of you booking your sailing holiday on the website. Typically, you can expect confirmation within hours rather than days.
You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and should inform us immediately of any discrepancies. This contract is agreed on the terms of these booking conditions, which are governed by Croatian law, and we both agree to submit to the jurisdiction of Croatian courts at all times.
2. Price and payment by credit card
a) Booking a boat at least ten weeks in advance
If you make a booking on the website ten or more weeks before the first day of your sailing holiday, your credit card account will be charged with a deposit covering 50% of the price of your sailing holiday within five days of you making the booking on the website. If, for whatever reason, your credit card cannot be charged in the above-described way and within these timeframes, your booking will be cancelled and we will inform you of this.
The remaining 50% of the price of your sailing holiday will be charged against your credit card account four weeks after the payment of the deposit but not later than eight weeks before the first day of your sailing holiday.
b) Booking a boat between ten weeks and 21 days of the departure date
If you make a booking on the website within ten weeks but not later than 21 days before the first day of your sailing holiday, your credit card account will be charged with a deposit covering 70% of the price of your sailing holiday within five days of you making the booking on the website. If, for whatever reason, your credit card cannot be charged in the above-described way and within these timeframes, your booking will be cancelled and we will inform you of this.
The remaining 30% of the price of your sailing holiday will be charged against your credit card account four weeks after the payment of the deposit but not later than three weeks before the first day of your sailing holiday.
c) Booking a boat within 21 days of the departure date
If you make a booking on the website 21 days or less from the first day of your sailing holiday, your credit card account will be charged with the full price of your sailing holiday within three days of you making the booking on the website. If, for whatever reason, your credit card cannot be charged in the above-described way and within this timeframe your booking will be cancelled and you will be informed of this.
Once you have booked, as per article 1 of this contract, the agreed price of your sailing holiday is fully guaranteed by Your chosen charter fleet and will not be subjected to any surcharge. This does not apply to possible invoice, typing or other errors.
3. If you want to change your booking details
If you want to change the details of your holiday once the contract has been entered into (as per article 1 ) - for example, if you want to change the departure dates or the boat model - then you should contact us, via CA (phone or e-mail), and we will endeavour to make these changes, but are not obliged to do so, as it may not always be possible. Only you, the signatory to this contract, are authorised to contact us in this respect. Surcharges, if any, stemming from such changes will be quoted individually once we have established whether the changes you want are possible.
If you request major changes (for example, the same boat but a different departure port) within ten weeks of the departure date, we reserve the right to treat such a request as a cancellation of your original holiday and the booking of a new holiday, whereby you may forfeit your original deposit (see below).
4. If you cancel your holiday
You may cancel this contract at any time. Written notification from the person who made the booking must be received at our office or the CA office. Cancellation will be effective on the date which it is received together with any documents by then issued to you.
Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.
Cancellation charges are payable as follows:
We (or CA) have received your written cancellation or request for major changes:
Over 43 days before the first day of your booked sailing holiday
Between 42 and 10 days of the first day of your booked sailing holiday
70% of total amount
Within 10 days of the first day of your booked sailing holiday
100% of total amount
5. If we change or cancel your holiday
The arrangements for sailing holidays are made many months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary.
Most of these changes will be minor and we will advise you of them as soon as possible. We also reserve the right to cancel this contract or to suggest major changes due to unexpected circumstances (e.g. damage caused by freak weather conditions etc.).
Force Majeure: We will not pay you compensation if we have to cancel or change your sailing holiday in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.
If we are forced to make a major change to your sailing holiday, we will inform you as soon as reasonably possible and offer you, via CA, an alternative arrangement if there is time before your departure. In most cases, we shall offer an alternative which is the same price or more expensive (on our price list) than the sailing holiday you originally booked. If an alternative suggested by us is cheaper, you are entitled to a refund of the price difference and a 10% discount for the next sailing holiday booked on this website. If we cancel this contract, you will receive a full refund of all monies paid.
6. Sailing holiday termination
We reserve the right at our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the instructions or orders of our staff or other responsible person and whose behaviour in the opinion of these people is likely to cause distress, damage, danger or annoyance to other customers, staff, third party or property. Upon such termination, our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.
7. If you have a complaint
If you have a problem during your holiday, please inform a relevant member of our staff or CA immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to CA Customer Services Department, Ksaver 160, Zagreb, Croatia or e-mailing email@example.com, giving your booking reference and all other relevant information. It is strongly suggested that you communicate any problem to us immediately and complete a report whilst in the marina. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract.
8. Marine insurance for your charter boat
Our equipment and yachts are comprehensively insured. Our policy provides full cover for the equipment and yachts and no less than ? 100,000 third party cover for the skipper and crew. We cannot be held responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect or incomplete information of previous sailing experience.
A refundable security deposit must be paid to us on the spot once you and our staff have checked the boat. This is paid in the form of a signed credit card slip which is held until you return the boat. The amount is determined by the size of yacht and is displayed on your online booking form. A refundable deposit may also be required for tenders, outboards and GPSs, which will be forfeited in the case of loss or damage to this equipment. However, should damage or loss be caused as a result of wilful damage by a client, a client under the influence of alcohol or drugs or as a result of not obeying our staff`s instructions, then he or she will be liable for the full amount of repair or replacement. Adults will at all times be responsible for minors in their charge.
Neither we nor CA are responsible for your and your crew`s safety afloat. Nor are we responsible for any damage caused by your sailing and staying on a chartered boat. You and your crew must comply with all the usual tenets of good seamanship, make qualified use of the charts and pilot books on your boat and abide by local regulations. If you want to take part in any kind of competitive event (such as a regatta, rally etc), you must receive our written approval in advance.
10. What if my chosen boat is not available on the first day?
If your boat is not available at the time of embarkation as a result of unforeseen circumstance (for example, if it has been damaged by the previous crew), we shall provide you with a boat of similar or larger size. If we are unable to provide you with an alternative boat on the spot we shall provide you with free accommodation until your boat is repaired or else until we can provide you with another boat. In such a case, we shall pay you a compensation fee commensurate with the number of days your chosen boat was not available.
11. Conditions of travel arrangements
The contractual terms of the company or companies providing travel services to and from our marina are in no way related to this contract.
12. Availability - Booking engine accuracy on this website
The information on the CA booking system is updated in real time. There may be, however, be instances where for circumstances beyond our control the information displayed on the website is not entirely accurate at the moment you are accessing certain webpages. For example, the boat you are trying to book may suffer serious damage while you are making the booking online.
13. Special requests
If you have any extra requests, please write them down on your online booking form. We shall do our best to find an individual solution for you.
14. Protection of your personal information
Your personal information will not be used or made accessible to any third party. In the course of using this website, "cookies" will be placed on your computer hard drive. Their only purpose is to make this website work faster and smoother. Cookies can be disabled and deleted.
15. Briefing your crew
You must acquaint the members of your crew with the conditions of this contract and make sure they understand their obligations as stipulated under this contract.