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Our Charter Agreement
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 British law, and we both agree to submit to the
jurisdiction of British 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:
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We (or CA) have
received your written cancellation or request for
major changes:
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Cancellation charges
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Over 43 days before the
first day of your booked sailing holiday
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Paid deposit
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Between 42 and 10 days
before the first day of your booked sailing holiday
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70% of total amount
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Within 10 days of the
first day of your booked sailing holiday
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100% of total amount
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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, Jurjevska 16, Zagreb, Croatia or
e-mailing cs@clubadriatic.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 our 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.
9. Restrictions
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.
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