GENERAL TERMS

These General Terms form an integral part of the boat rental which has been concluded by CHARTER MONTENEGRO – doo “ Drake “ ( hereinafter: “Company” ) and the hirer ( hereinafter : the “ End User “ ) . All provisions and conditions provided in these General Terms are legally binding the Company and the End User, unless otherwise provided by an agreement.

CHARTERER PRICE


Charterer Price includes a completely equipped vessel and the insurance defined by the conditions established by the Insurance Company which issued the Insurance Policy for the subject vessel .The charter price does not includes the fuel costs and expenses while using the vessel.

RESERVATIONS AND PAYMENTS


By confirming the reservation , the Traveler confirms that he/she is aware of the General Terms and conditions of the travel service and fully comprehends and accepts these terms which are binding for both Traveler and the Company. The Traveler is obligated to provide any information which is required for the reservation process . A deposit is required for were in the amount is determined by the method of payment. The remaining amount must be paid no later than 30 days prior to the beginning of the service unless otherwise specified by the terms and conditions , with which the traveler is familiar with upon confirmation of the reservation.

The charter is to be paid as follows :

- 50% of the charter price right after the reservation has been confirmed !!!
- 50% of the charterer price at least 30 days before beginning of the charter period !!!

CANCELING OR CHANGING THE RESERVATION


The End User must send the cancelation or change notice , in written form by e-mail. By change of service the following is understood : number of persons , names of the passengers , the data of commencement of the charter , the data the charter is to be ended, the data the vessel is to be returned to the arranged location. The above mentioned changes have to be made at least 30 days before the commencement of the charter. In case it is not possible to change the reservation and if it results in the End User cancelation of the reservation , the bellow stated terms shall be applied. Any change of the accommodation on the vessel service and any other change made in the period of 30 days prior to the commencement of the charter shall be considered as cancellation of the reservation.

For the fixed confirmed reservations of the accommodation service on the vessel , the date on which the written cancellation has been received shall be the basis for calculating the cancellation expenses as follows :

- If the End User cancels a reservation ( booking ) of the vessel 30 or more days prior to the day on which the charter service is to begin , the Company shall keep 50% of the accommodation charters price. If the End User cancels a reservation ( booking )up to 30 days prior to the day on which the accommodation service is to begin , the Company shal keep 100% of the accommodation services price.

- If , for any reason, the End User and his/her crew cancels the service on the vessel , after they took the subject accommodation , the Company shall keep the entire price of the charter service and the End User shall sustain all the costs that may result thereof.

- If the End User which cancels the reservation finds a new End User of the same reservation , the Company shall charge only for the real costs caused by the subject replacement.

- If the End User of the charter dos not come until midnight of the day on which the service is to begin , and he/she hasn’t contacted the Company , the reservation is considered cancelled and costs resulted thereof are to be calculated as above described. If the factual costs exceed the above defined costs , the Company reserves the right to charge for the factual costs.

END USER’S COMMITMENTS AND RESPONSIBILITIES


The End User is obligate to sail in territorial waters of the Republic of Montenegro. For sailing outside the territorial waters , the End User is obligate to ask the Company , before the reservation has been confirmed , a written permission for leaving the territorial waters of Republic of Montenegro. The End User is NOT allowed : to provide accommodation services , to lend the vessel to third person , to participate in the competitions which includes the usage of the vessel , to use the vessel for purpose of a sailing school , to sail by unsafe weather conditions and by night.

The End User is obligate to : obey custom and other rules and regulations , keep the log book in order , be careful wile navigating the vessel and using the inventory and equipment. The End User is obligate to inform the Company , when confirming the reservation , if the End User request skipper’s service. In case the End User is not using the service of a professional skipper provided by the Company , the end User has to declare that he/she possesses the valid license and VHF certificate necessary for navigating the chartered vessel. The license has to be valid according to the low’s of Republic of Montenegro. If the End User does not fulfill the above stated conditions, the navigation of the vessel has to be given over to the crew member who possesses the required license for the navigation in accordance with the low’s of the republic of Montenegro. If the manager of the base come to conclusion that End User does not have the required navigational skills he/she is obligated to use assistance and help from a professional skipper with an extra charge.

The End User is obliged to pay to the Company all material and legal expenses which may have been result acts and / or negligence of the End User, which are not covered by the insurance and for which the Charter is liable to the third persons. The End User is particularly liable if the vessel was confiscated due to illegal activities . In case of an average and / or damage the End User is obligate to register the course of the events or to ask for a written certificate from the harbor-master’s office , doctor or other authorized person’s.

The End User must IMMEDIATLY inform the Company of such event’s !!! In case of vessel disappearance , inability to sail , confiscation of a vessel or an arrest conducted by authorized or other persons, the End User is obligate to notify the authorized person’s and the Company.

Loss and / or damage of the vessel which were / was a result of an accident or End User’s inattention , the Company shall seek to remedy , i.e. indemnify , covering those cost’s with caution money. If the cost’s exceed the amount of caution money deposited , the remaining cost’s shall be covered by insurance company which issued the insurance policy for the subject vessel.

In case the damage and / or loss were / was a result of personal negligence or were / was caused intentionally , the End User bears all the costs!!!

The End User is obligate to check the oil in the engine every day !!! The End User bears the costs of damages and the losses caused by the lack of oil in the engine. The damages of the hull which are caused by the End Users negligence and unprofessional navigation shall be examined and the End User shall bear all the costs.

In accordance with the weather conditions the End User is obliged , if using the vessel with sails , promptly to reduce the sails , when necessary , and not to allow the vessel to be found sailing under amount of sails greater than the one insuring comfortable sailing without excessive strains on riggings and the sails. Furthermore , the End User is obliged not to sail the vessel in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly and not to sail the vessel at night!!!

The End User is obliged not to leave the port or anchorage if the wind force is or is predicted to be over 30 knots, or if the harbors authorities have imposed a prohibition of sailing or while the vessel or any of its vital parts such as engine , sails , bilge pump , anchoring gear , navigation lights , safety equipment , etc. are damaged or are not in good conditions , until such damage is repaired.

The End User shall not leave the port or anchorage without sufficient services of full or in general , when weather conditions or de facto situation of the vessel or its crew , are unsafe or doubtful. In case the End User does not comply with the above given terms, the End User himself shall be held responsible for all the consequences that result thereof. The End User is liable for all the offences the End User might commit while using the vessel , even after charter period on the vessel.

TAKEOVER AND RETURN OF THE VESSEL


The boat will be delivered with all necessary valid documents for the use of the same one. The End user is obliged conserve those documents until the terms of the chartering . The Company is obliged to put completely equipped vessel at the End Users disposal , clean and tidy , with full fuel and water tanks.

When taking over the vessel , End User is obliged to check and carefully examine the conditions of the vessel and equipment according to the Inventory Check List.

The End User is obliged to return the vessel to the Company in the harbor they agreed upon and on time , clean and undamaged with full fuel and water tanks. It is obligatory to return the vessel in the place they agreed upon ( harbor intended to be used for returning of the vessel ) in the evening hours one day prior to the day on which the vessel has to be returned !!! The takeover of the vessel shall be carried out in the morning hours of the day on which the return of the vessel was intended . If the end User does not return the vessel on time , the End User is obliged to pay triple daily price for every hour of delay together with all the costs the Company had due to the subject delay. The delay may be excused in case of a force majeure only if the End User informed the Company about such event on time. The End User is obliged to bear costs for replacing or fixing lost or damaged parts of the vessel , or of the equipment , caused by End Users negligence or the crews negligence. The Company shall deduct the amount from the End Users caution money. If the costs of lost or damaged parts of the vessel or equipment exceed the amount deposited as Caution money , the Company will require the rest of the expenses from the end User.

In case the vessel is returned dirty and untidy , if fridge is not cleaned and garbage is not taken out from the vessel the Company shall deduct the double amount of money required for cleaning of the vessel from the Caution money. Furthermore , if the vessel is returned and the fuel tanks haven’t been filled full, the Company shall fill full tanks and deduct that expense from the Caution money.

CAUTION MONEY


Before taking over the vessel, the End User is obliged to deposit caution money in CASH !!! If the End User returns the vessel in good condition , with full fuel tanks and in the fixed time the caution money shall be returned to the End User with no deductions !!! The caution money is to be deposited also in case when the End User charters a vessel and uses services of a skipper employed by Company.

PROLONGATION OF THE CHARTER USAGE


If the End User wishes to prolong the usage of the charter , the End User is obliged to return the vessel on time and in the harbor the End User and the Company agreed upon , to contact the Company on time and ask for a written approval of a new time and place for the return of the vessel.

INSURANCE


The vessel , the equipment and the crew are insured under conditions set forth by the Insurance Company which issued the Insurance policy for the vessel on which the charter service is being provided. All the losses and / or damages covered by the insurance policy which haven’t been reported immediately to the Company’s authorized representative , in accordance with the insurance policy, shall not be approved as such. In the subject case ,the End User is solely responsible for all the damage’s which occurred because the end User didn’t report the damage or didn’t report it immediately . The sails are not covered by insurance policy and the End User bears the costs of any kind of sails damage !!!

DAMAGES


The End Use is obliged to inform the Company about all breakages and damages , no matter what caused them and the Company shall inform the End User on the ways of fixing the damaged vessel and / or the change of equipment. The End User shall bear the costs of unauthorized fixing and unauthorized changing of the equipment.

LIABILITY OF THE COMPANY


If , for any reason , unless it is the sole responsibility of the End User, the vessel cannot be used , the Company is obliged to insure a substitute vessel of similar or better characteristics and offer it to the End User at the same price as the vessel that was originally reserved . If the Company cannot offer a substitute vessel or if the End User doesn’t accept the substitute vessel , the End User may request a money refund for the days the End User didn’t use the vessel. The End User is not entitled to any other compensation apart from the above stated one.

RESERVATION CHANGE


In case the End User request for a change of reservation after the subject reservation has been confirmed , the change is possible only if the Company may offer another adequate vessel as a substitute . In case the Company may not offer another adequate vessel , the change of reservation is to be considered as the cancellation of the reservation.

COMPLAINTS


The End User is obliged to make a complaints about the unsatisfactory service on the same day he/she arrived ,to the service providers authorized representative and to inform the Company’s officer , using the e-mail address CHARTERMONTENEGRO@T-COM.ME , or by phone , phone number : + 382 67 278 211 or + 382 69 034 363 . The End User is obliged to cooperate with the Company in good faith in order to remedy difficulties which caused the object of complaint. If the End User choose not to accept the provided solution , compatible with the paid service, the Company shall not be obliged to accept any further complaints . Only those complaints which were received in written form during the vessel’s check-out and countersigned by Company’s authorized representative shall be taken into consideration!!!

JURISDICTION


The End User and the Company shall Endeavour all the disputes that may arise in connection with these General Terms in mutual agreement . In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Podgoica. The competent law shall be the law of republic of Montenegro.

ENDNOTE!!!


By confirming the reservation and by making an advanced payment , i.e. by paying the total price , the End User fully accepts the above provided terms !!!
CLIENT: CHARTERMONTENEGRO Doo”Drake”

DOWNLOAD AND PRINT PAPERS FOR BOAT CHARTING


GENERAL TERMS.pdf
CHM-Check List-1.pdf
CHM-Check List-2.pdf
CHM-Check List-3.pdf
Distress call procedure.pdf
CREW-list.pdf