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Introductory Note

These General Terms and Conditions are an integral part of the Agreement between TRIP SAILING (hereinafter: “Agency”) and the Service Contractor (hereinafter: “End User”). All information and conditions provided in the Offer and in these General Terms and Conditions are legally binding for both the Agency and the End User, unless otherwise determined by a written agreement.

The Agency provides services according to information available and valid at the time of the reservation confirmation except in case of force majeure or outstanding circumstances beyond the Agency’s control, such as: natural disasters (earthquakes, floods, fires, droughts, etc), sanitary disruptions, wars, strikes, terrorist acts, restrictions issued by the government (mobilization, country exit ban, etc), etc.

By confirming the reservation, the End User confirms that he/she has read and fully comprehends and accepts these General Terms and Conditions which are the basis for resolving any possible disputes between the End User and the Agency. The End User is advised to read the General Terms and Conditions carefully prior to any payment.

Reservations and Payments

Inquiries and reservations can be made through the form available on the Agency’s website, by e-mail, at the Agency’s office or through partner travel agencies. The End User is required to give any information and provide all documents necessary for the reservation procedure.

In order for the reservation to be confirmed the End User must, within duration of the provisional booking option, make an advance payment of 50% of the total amount. The other 50% have to be paid at least 40 days prior to the commencement of the service. In case the advance payment was made, but the payment of the rest of the amount isn’t paid within agreed deadlines, the Agency reserves the right to cancel the End User’s reservation and use the advance payment amount for compensation of service provider’s and costs of the Agency. In case the reservation is made within 40 days prior to the commencement of the service, the End User must immediately pay the total amount of the reservation. After each payment, the End User is required to send to the Agency a copy of payment. All banking expenses, as well as any other additional expenses concerning the payment procedure, are covered entirely by the End User.

The Agency provides the End User with the appropriate materials, presenting all relevant information regarding the reservation, and points out these General Terms and Conditions as an integral part of the Agreement, as well as offers travel insurance. The information provided to the End User at the point of sale does not oblige the Agency any more than the information stated on the Agency’s website or in other promotional materials.

Prices

The base price includes accommodation on a completely equipped vessel and the insurance defined by the conditions established in the insurance policy for the subject vessel. The base price does not include fuel costs and expenses for other supplies, fees for the crew and other services, harbor taxes and berth expenses while using the accommodation services on the vessel. Security deposit, sojourn tax and other expenses, which are not included in the base price, but have to be paid by the End User before takeover of the vessel, are indicated on the Agency’s website as Obligatory Extras. Additional services or equipment indicated on the Agency’s website as Optional Extras are services/equipment available through prior notification and additional payment. Optional Extras have to be requested before the confirmation of the reservation.

All prices are stated in Euros and formed according to agreements made with different service providers and do not necessarily match the prices listed on the spot by a particular service provider. Possible differences in prices cannot be subject to complaint.

Discounts

In case of several discounts available, discount percentages are not cumulative. Discounts do not apply to „last minute“ offers.

Sojourn Tax

In accordance with the Croatian Law on Sojourn Tax, the End User is obligated to pay the sojourn tax same as the accommodation service. For an adult person the sojourn tax ranges from 2,00 to 7,00 Kuna per day depending on the destination and accommodation service dates. Adolescents aged 12 to 18 years (not including ones who are already 18 years old) are entitled to a 50% discount, while children younger than 12 years are exempted from paying the sojourn tax.

Security Deposit

Before taking over the vessel, the End User is obliged to deposit caution money in cash or by using a credit card. This deposit is a guarantee for the service provider that the End User will not cause any damage to or with the vessel or its inventory and equipment. In case the vessel is returned on time, in the same condition in which the End User has received it, with full fuel tanks and unless there are no claims filed or announced regarding the End User by a third party, that are connected to the usage of the vessel, the deposited money shall in its entirety be refunded to the End User or the authorization of his/her credit card will be cancelled.

The caution money is to be deposited also in case when the End User uses the services of a professional skipper. The security deposit does not cover for the costs of the damages which are a result of skipper’s negligence or unprofessional use of the vessel and/or equipment.

End Users commitments and responsibilities

The End User is obliged to check whether a visa needs to be attained for entering the Republic of Croatia or other countries he/she will be passing through, have valid travel documents, possess certificates of vaccination if they are passing through countries that require mandatory vaccination against certain diseases, respect the customs and foreign exchange regulations of the Republic of Croatia and abide by the foreign exchange and customs regulations and laws and other regulations of the Republic of Croatia, other countries he/she will be passing through and in which he/she resides. In case of his/her inability to travel or arriving at the destination due to violations of mentioned regulations, the End User will be held liable for all costs and caused damages.

Before confirming the reservation the End User is required to inform the Agency if he/she needs the services of a professional skipper. In case he/she does not want to use the services of a professional skipper, the End User has to provide the Agency copies of all necessary licenses valid accordingly to the laws of the Republic of Croatia he/she or a member of his/her crew possesses. If during the procedure before the embarkation the End User does not submit all the necessary documents, the service provider reserves the right to withhold service without the service provider or the Agency being obliged to pay back any amount to the End User.

The End User or a member of his/her crew that possesses all the necessary licenses, who will be in charged of the navigation of the vessel, guarantees his/her nautical knowledge and skills and the competence of all the other crew members as well as his/her ability to operate the vessel safely regardless the weather conditions or any other circumstances, taking over full responsibility for the safety of the vessel, equipment and all crew members. If the service provider evaluates that the End User or the member of his/her crew who is supposed to be in charged of the navigation of the vessel does not possess appropriate and necessary knowledge and nautical competence, the service provider reserves the right to withhold service without the service provider or the Agency being obliged to pay back any amount to the End User or, in accordance with the established competence, determine the limits of sailing for the duration of the reservation. The service provider can also assign a skipper, if one is available, at the expense of the End User. For the reason of establishing the nautical competence of the End User and his/her crew, the service provider may organize a shorter common navigation with the End User.

The End User is obliged to sail in the coastal sea of the Republic of Croatia. If interested in sailing outside the coastal waters, before confirming the reservation the End User must request a written permission.

The vessel can be used exclusively for personal purposes and therefore the End User is not allowed to use it for any other commercial or similar purposes such as to provide accommodation services, lend the vessel to a third party, participate in competitions which include the usage of the vessel, use the vessel for professional fishing or for purposes of a sailing school etc. If the End User wishes to use the vessel in a regatta or a competition, before the confirmation of the reservation he/she must request a written permission to engage in such activities. If such permission is granted an additional payment is required.

It is not allowed to keep pets on the vessel. If the End User wishes to embark any pats on the vessel, before confirming the reservation he/she is obliged to request a written permission. If the permission is granted an additional payment is required. The service provider reserves the right to withhold service to the End User if he/she brings pets to the embarkation without previously requesting and obtaining a written permission and making an additional payment. In this case, the Agency is not obliged to accept complaints made by the End User on the quality of the services.

The number of persons aboard the vessel should never be higher than the number stated and should not vary from the crew list. Should the number of persons arriving to the embarkation exceed the number indicated on the travel documents, the service provider has the right to withhold service to unannounced persons or, regarding the maximum allowed capacity of the vessel, allow their embarkation provided all necessary additional payment for the unannounced persons is made on the spot. In this case, the Agency does not acknowledge any complaints for quality of services provided.

The End User is responsible for his/her personal belongings. The Agency is not responsible for the damage, loss or theft of the End User’s personal belongings, nor for third parties personal belongings, that were kept and saved on the vessel, vehicle, accommodation unit, in the Agency’s or the service provider’s office or that occurred during transportation. By confirming the reservation the End User accepts these General Terms and Conditions and waives all compensation claims for such losses and/or damages. In case of loss or theft the End User should immediately report it to the service provider’s authorized representative and the local police station.

The service provider is obliged to put at the End User’s disposal a vessel equipped in accordance with positive stipulations on navigation in the coastal sea of the Republic of Croatia. The vessel is delivered with all the necessary documents and the End User is obliged to keep the documents safe while using the service. When taking over the vessel, the End User is obliged to check and carefully examine the condition of the vessel and equipment according to the Equipment List. All losses and defects of the vessel and/or the equipment which have not been discovered at the moment of takeover, do not give the End User the right to reduce the price of the service.

The End User is obliged to observe all navigational, custom and other rules and regulations, keep the log book in order, pay attention to the safety of the vessel and the crew, take proper care of the vessel, inventory and equipment and to return the vessel in the same condition in which he/she had received it.

In accordance with the weather conditions, the End User is obliged, if using a vessel with sails, promptly to reduce 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 ropes and sails. Sails are not covered by insurance policy and the End User bears the costs of any kind of sails damage.

The End User is obliged not to sail the vessel in any area insufficiently covered by the charts at his/her disposal or without having previously thoroughly studied the charts of the area and other relevant printed materials found on board. The End User is also not allowed to sail the vessel at night without previously requesting and obtaining a written permission from the service provider. In case such permission is granted the End User is still not allowed to sail the vessel at night without all navigation lights functioning and without adequate watch on deck.

The End User is forbidden from leaving a port or anchorage if the wind force is or is predicted to be over 30 knots, or if the harbor Authorities have imposed a prohibition of sailing or while the vessel or any of its vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, safety equipment, etc. are damaged or not in good working condition, until such damage has been repaired. The End User shall not leave a port or anchorage without sufficient reserves of fuel or in general, when weather conditions or the state of the vessel or the crew are unsafe or doubtful. The End User is not authorized to leave the vessel unattended at a non secure place or to haul it up.

Damages caused by oil deficiency in the motor are not covered by insurance so the End User has to check the oil in the engine every day. The End User bears all the costs of damages and losses caused by the lack of oil in the engine. Damages to the hull must be followed by a vessel inspection executed at the expense of the End User.

In case of a malfunction and/or damage the End User must immediately notify the service provider of such events, no matter what caused them. The service provider shall inform the End User on the ways of fixing the damaged vessel and/or the change of equipment. The End User shall bear all costs of unauthorized fixing and unauthorized changing of parts of the equipment. In case of any other incident, some greater damage and/or malfunction, navigational offense or accident, vessels disappearance, inability to sail, confiscation of the vessel, arrest conducted by authorized or other persons etc., the End User is obliged to report it both to authorized government bodies and the service provider in the quickest and most appropriate way and to follow their instructions which are within the framework of positive stipulations and in accordance with operations of a good navigator. The End User is obliged to register the course of the events and to ask for a written certificate from the harbor – master’s office, doctor or other authorized persons.

Independently on insurance, loss and/or damage on the equipment, particular parts of the vessel or the vessel itself which were/was a result of an accident, the service provider shall seek to remedy, i.e. indemnify, covering costs with money from the security deposit. If the costs exceed the amount of money deposited, the remaining costs shall be covered by the insurance company which issued the insurance policy for the subject vessel. All losses and/or damages covered by insurance which are not immediately reported to the service provider will not be acknowledged as per the insurance policy. In this case the End User is personally responsible for total damages as a result of not reporting or late reporting of damages. In case the caused damage has the consequence that the vessel cannot be further chartered, the End User will be held liable for possible loss of profit caused to the service provider and the Agency.

The End User will be held liable for the total amount of any loss or damage caused by gross negligence or wanton or willful misuse by the End User or by any of his crew members. Gross negligence may include, but is not limited to sailing at night without all navigation lights functioning or without sufficient watch on deck, damage resulting from non-observance of instructions given during the technical briefing, damage resulting from failure to take protective measures (in accordance to good seamanship) against diverse weather conditions, failure to take responsible seaman like precautions to avoid danger for both vessel and crew etc.

The End User lays under commitment not to undertake any actions from which may arise any unwanted consequence that would not be covered by the insurance policy for the subject vessel. The End User is obliged to pay to the service provider and the Agency all material and legal expenses which may have been a result of acts and/or negligence of the End User, which are not covered by insurance and for which the service provider or the Agency are liable to third parties. The End User is particularly liable if the vessel is confiscated due to illegal activities.

The End User is obliged to arrive to the agreed port/marina in the evening hours one day prior to the scheduled return of the vessel so the check-out procedure can be carried out in the morning hours the next day. If the End User does not return the vessel on time and to the agreed port/marina, he/she is obliged to pay a triple daily price for every day of delay together with all the costs the service provider and the Agency might have due to the delay. In case extremely bad weather conditions hinder the return of the vessel in a foreseen term, instead of the indemnity foreseen, the End User is obligated to pay a double daily price for every day of delay, only if he/she informed the service provider about such an event on time.

The vessel has to be returned undamaged, with full fuel tanks and, regardless of the final cleaning charge set by the service provider, clean and tidy. In case the vessel is returned dirty and untidy and/or without full fuel tanks, the service provider shall deduct the amount required for cleaning and/or filling of fuel from the security deposit.

In case the End User does not comply with the above given terms, he/she shall be held responsible for all the consequences that resulted thereof. The End User is liable for all damages and offences he/she might commit while using the vessel. This also refers to the obligations which may arise from the vessel use which may become due even after the expiration of the reservation. By confirming the reservation, the End User agrees to pay for all damage if any is caused.

End user’s right to changes and cancellations

If the End User wishes to change or cancel a confirmed reservation, he/she must do so in writing (by e-mail) following which the Agency will send to the End User an e-mail confirming the receipt of the change/cancellation notice. If, due to technical or any other problem, the End User does not receive the confirmation from the Agency within 24 hours, he/she is obliged to contact the Agency by telephone and inquire on the status of his/her reservation. Changes or cancellations by telephone are not permitted and will not be accepted.

Changes, if possible, may include: names or number of persons or date of beginning or the end of service, and they have to be made at least 40 days prior to the commencement of service. The first change is done without additional charge only if it does not impact on the price of service. Each subsequent change will be charged in the amount of EUR 25,00 per change plus any price difference.

If the End User wishes to change the booked vessel with another vessel from the same service provider, provided the change is possible, the Agency will charge a EUR 25,00 change fee and any price difference. If the price of service on the new vessel is lower than on the previously booked one, the End User is not entitled to any refund.

If a reservation change is not possible and it results in the End User’s cancellation of the reservation, the Cancellation Terms stated below will apply.

In case the End User wishes to change the booked vessel with a vessel from a different service provider or make any change within 39 days prior to the commencement of the service or during the use of the vessel, such change will be treated as a cancellation and the Cancellation Terms stated below will apply.

In case the End User should request a change or cancellation of the confirmed reservation, the date the written change/cancellation notice is received will represent the basis for cost calculation. If the notice is received outside business hours, the date which will represent the ground for cost calculation will be the following working day of the Agency.

Cancellation Terms

If the End User cancels the reservation 40 or more days prior to commencement of the service, the Agency shall keep 50% of the total reservation price.

If the End User cancels the reservation within 39 days prior to commencement of the service, the Agency shall keep 100% of the total reservation price.

In case the End User must cancel the reservation, the Agency will try to find a new user for the same reservation if possible (this depends on the service provider). In case the Agency finds a new user for the same reservation for the total reservation price, the above mentioned fee for the reservation cancellation within 39 days before the beginning date of the service can be reduced to 50%. If the Agency does not find a new user for the same reservation or finds a new user but not for the total reservation price, the above mentioned fees shall apply as stated.

If the End User is entitled to a partial return of until than paid amount, the Agency will make a refund within 45 days from the day of cancellation.

In the event the End User does not arrive to the agreed port/marina by the end of the service provider’s working hours on the beginning date of the service, and has not contacted the service provider, the reservation will be cancelled and the paid amount will be used for compensation of service provider’s and costs of the Agency. Should the actual costs exceed the amount paid for the reservation, the Agency reserves the right to charge the actual costs incurred and will send an invoice to the End User which he will be obliged to pay within 14 days of receipt thereof.

If, for any reason, the End User cancels the reservation after he/she took over the vessel, the paid amount will be used for compensation of service provider’s and costs of the Agency. Should the actual costs exceed the amount paid for the reservation, the Agency reserves the right to charge the actual costs incurred and will send an invoice to the End User which he will be obliged to pay within 14 days of receipt thereof.

If the End User wishes to prolong the usage of the service, he/she must contact the Agency and, if prolongation is possible, follow the Agency’s instructions. In case the End User decides to prolong the usage of service directly with the service provider, this represents breach of Agreement between the Agency and the End User. In this case, the End User is responsible for any costs or damages caused to the Agency and the Agency is no longer liable for any consequences that could arise from the End User’s action.

Agency’s Obligations and Liability

The Agency is responsible for providing services and the selection of service providers while taking into consideration the rights and interests of the End User in accordance with customs and good practice in tourism. The Agency will fulfill the mentioned obligations, except in case of force majeure or circumstances beyond the Agency’s control (see Introductory note).

The Agency is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the vessel for the End User and members of his/her crew, as well as for possible passengers, or for a third party for the duration of the service. This also refers to obligations that may arise from the vessel use which may become due even after the expiration of the reservation.  The Agency is also not responsible for postponements or changes of plans of the End User caused by bad weather conditions or other reasons.

The Agency acts as a tourist i.e. travel agency and can be held liable only as such.

Agency’s right to changes and cancellations

The Agency reserves the right to change or modify a reservation in case of circumstances beyond the Agency’s control that cannot be predicted, avoided or rectified.

The Agency reserves the right to change the published prices. Should price changes occur prior to the advanced payment being made, the Agency is required to inform the End User about these changes. The End User who made an advance payment for a certain reservation is guaranteed by the Agency the price listed in the Offer based on which the advanced payment was made. In the event that, after the advanced payment has been made, the service provider changes the price, there are changes in the exchange rates, VAT or similar changes, resulting in the increase of the reservation price of 10% or more, the Agency reserves the right to change the reservation price and to charge the price difference from the End User upon consulting him/her. If the Agency or the service provider reduce the price after the End User has made the advanced payment, the End User is not entitled to a new, lower price.

If, for any reason, unless it is the sole responsibility of the End User, the vessel cannot be used, the Agency 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. Should the price of the substitute vessel be higher by 10% or more than the initially booked vessel, the Agency reserves the right to change the reservation price and to charge the price difference from the End User upon consulting him/her.

In case of inability to insure a substitute vessel, the Agency reserves the right to cancel the reservation and the End User may request a money refund for the days he/she did not use the vessel.

The responsibility of the Agency towards the End User is limited to the amount of the reservation price and he/she is not entitled to any additional compensation.

Insurance

The vessel, equipment and crew are insured under conditions set forth by the insurance company which issued the insurance policy for the vessel on which service is being provided.

Service prices do not include travel insurance. Should the End User request travel insurance, arrangements can be made directly with the insurance company or with the Agency, wherein the Agency acts only as a mediator. The End User is recommended to read the insurance terms and conditions carefully before purchase.

Service prices do not include cancellation insurance. Should the End User suspect that due to certain reasons he might have to cancel the reservation, or wants to insure against cases caused by force majeure, he/she is advised to purchase cancellation insurance. Cancellation insurance cannot be paid for after the reservation has been made, only during the booking process. In case the End User does not have cancellation insurance and is unable to use the services, the Agency reserves the right to refund the End User according to the Cancellation Terms listed in these General Terms and Conditions. In the event of a reservation cancellation, visa application costs and other travel document costs are non-refundable even if the End User has cancellation insurance. If the End User has a cancellation insurance policy, he/she must file all claims with the insurance company which issued the policy, while the Agency is required to provide all necessary documentation related to the claim and the reservation in question. All other insurance terms and conditions are enclosed with the insurance policy and the End User is recommended to read them carefully before purchase.

Complaints

In the event of unsatisfactory services, immediately upon his/her arrival, the End User is obliged to file a complaint to the service provider’s authorized representative and to inform the Agency’s office by e-mail at info@tripsailing.com or phone at +385 (0)98 678 079 . The End User is obliged to cooperate with the service provider and the Agency in good faith in order to resolve the cause of the complaint. Should the End User accept the proposed solution which corresponds with the service rendered on the spot, neither the Agency nor the service provider are obliged to accept any additional complaints or can be subjected to claim. If the End User chooses not to accept the provided solution, compatible with the paid service, to his/her problem, the Agency shall not be obliged to accept any further complaints. In case the End User leaves on his own initiative, without giving the service provider and the Agency a chance to remedy difficulties which caused the object of complaint, the End User loses the right to request a refund or make a claim for compensation, regardless of the fact that his/her reasons were justified or not.

If the problem has not been resolved after the intervention, the End User is obliged to send a written complaint with all the documents and photographs which verify the basis for the complaint by e-mail at info@tripsailing.com or regular mail at Tourist Agency Villa Partners d.o.o., Pazdigradska 22, 21000 Split, Croatia, no later then 8 days following the last day of the reservation. The Agency shall take into consideration only properly filed complaints which are received within the 8-day deadline. The Agency is obliged to make a written solution to the complaint within 14 days of receipt of the written complaint. The Agency can postpone the deadline in order to collect evidence and check the claim quotes with the service provider but not for more than 14 days. The Agency will take into consideration only those claims whose cause could not be resolved on the spot.

While the procedure of resolving  the complaint is under way, meaning 14 i.e. 28 days after the complaint has been filed, the End User irrevocably relinquishes the right of mediation or arbitration by a third party or institution, as well as publicly disclosing information. During this period, the End User also waives the right to file a suit. The maximum amount of compensation can reach the price of the inadequate part of service but cannot include services already provided or the total amount of the reservation. This also excludes the End User’s right to indemnification for ideal damages.

The Agency cannot be held responsible for weather conditions, temperature or cleanliness of the sea, crowd at the destination, loss or theft of property nor any other similar situations and events which may cause the End User’s discontent but are not directly related to the quality of the booked service.

If the End User decides to make a „last minute“ reservation, he/she accepts all the risks of such an agreement. These offers consist of uncertainty of facts upon which the Agency cannot influence. The End User accepts such an agreement primarily because of its favorable price and therefore has no right to complain to the Agency and/or the service provider.

Personal Information Security

The End User provides personal information voluntarily. Personal information is necessary for the process of finding requested services and shall be used for internal communication between the Agency and the End User. The Agency agrees not to distribute the End User’s personal information outside of the county’s borders nor to third parties if it is not necessary for the purpose of providing requested services. The End User’s personal information may be disclosed if the Agency or a third party, processing the End User’s information for the purpose of providing requested services, are compelled to do so by law or receive a valid, legally compliant request by a law enforcement or governmental authority. The End User’s information shall be kept in a database in accordance with the decision of the Management. By accepting these General terms and Conditions, the End User gives permission for his/her personal information to be used for the purpose of the Agency’s marketing actions.

Court Jurisdiction

The End User and the Agency shall endeavor to resolve all the disputes that may arise in connection with these General Terms and Conditions in mutual agreement. In case a mutual agreement cannot be reached, the parties stipulate the jurisdiction of the authorized court in Split. The competent laws shall be the laws of the Republic of Croatia.

Endnote

This issue of General Terms and Conditions excludes all previously issued General Terms and Conditions.

Split, 01.05.2015.