General Terms and Conditions

 

1. Introductory Note

These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate the mutual rights and obligations related to the services of accommodation on vessels - the yacht charter. The vessels regulated by Terms (hereinafter: Vessels) are recreational vessels listed in the fleets of various charter fleet operators (hereinafter: Charter-Operators), while Villa Partners d.o.o., Split (hereinafter: Trip Sailing) operates as Agency-Mediator for the booking of those Vessels.

These Terms and all stipulations stated in them shall be the subject of legal liability and be binding for the Client who charters the Vessels (hereinafter: Client). By confirming of the booking intention or paying the advance payment the Client confirms to agree with the Terms.

 

2. Booking

From the Client’s side, the booking intention is confirmed when advance payment is paid by the Client or Client’s representative. From Trip Sailing’s side the booking will be confirmed when the full amount of advance payment lands on its account and the booking confirmation from the Charter-Operator is obtained.

 

3. Payment

After the yacht charter reservation has been agreed, which will be effective in writing only, the payments are to be done according to the amounts, dynamics and instructions stated in the Pro-forma Invoice and accompanying documentation which Trip Sailing has sent to the Client. 

The payments can be effectuated ONLINE by one of the following CREDIT CARDS: MasterCard, Maestro or Visa. Alternatively the payments can be effectuated OFFLINE via BANK TRANSFER. In case of bank transfer, the Client accepts to pay full costs of the bank transfer charges, and when making the payment the Client should emphasize to his/her bank that all bank fees (of both outgoing and incoming bank) should be paid by the Client. If the Client fails to do so and Trip Sailing is charged bank transfer fees, it will be considered that the payment is not fully settled and the Client will need to settle the remaining amount. 

The Vessel can be taken over only after the complete amount for the yacht charter and all contracted extra services have been fully settled. If either advance payment or balance payment has not been fully settled until the above stated deadlines, Trip Sailing or the Charter-Operator shall be entitled to cancel the Vessel’s booking without any refunds to the Client.

4. Creditcard Payment Security Statement

Confidentiality of your information is protected and secured by using SSL encryption. Pages for web payment are secured by using Secure Socket Layer (SSL) protocol with 128-bit data encryption. SSL encryption is a data coding procedure for prevention of onauthorized access during data transfer. This enables a secure data transfer and prevents unauthorized data access during communication between user and Monri WebPay  Payment Gateway and vice versa. Monri WebPay Payment Gateway and financial institutions exchange data by using their virtual private network (VPN) which is also protected from unauthorized access. Monri Payments is PCI DSS level 1 certified payment service provider. Credit card numbers are not stored by Trip Sailing and are not available to unauthorized personnel.


5. Prices

The yacht charter price shall include the following: the Vessel equipped according to the presently effective inventory-list, such as auxiliary boat with oars, gas…, as well as usual charter base services at the time of Vessel's delivery (check in/checkout). The yacht charter price shall typically not include additional services such as food and beverages, fuel, costs for marina services and moorings, harbor dues, taxes, entrance tickets to parks and sites, or any other additional services other than those explicitly included in the yacht charter price. The yacht charter price does not include the services of a skipper unless it is stated that the charter price includes a skipper on board. The yacht charter price includes VAT valid at the time of booking confirmation, however, should the relevant VAT rate be increased by law prior to the beginning of the yacht charter, Trip Sailing reserves the right to charge the VAT difference. Trip Sailing includes the largest part of its processing services in the offered yacht charter price. However, in particular cases of bookings where Trip Sailing has high processing costs, a small part of this cost may be charged to the Client as Operative Cost. In such cases, this Operative Cost will be separately stated and visible on the Pro-forma invoice.

 

6. Statement of Conversion

All payments will be effected in Croatian Kunas. The charged amount on your credit/debit card account is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, there is a possibility of a slight difference from the original price stated on our website.

 

7. Additional Services and Extras

Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective Price List of the Charter-Operator (e.g. auxiliary engine, one-way options, transfers, gennaker, skipper, etc.) should be requested by the Client and agreed prior to the booking confirmation.

The Client may ask for addition of certain Extras even after the booking confirmation, and Trip Sailing will undertake reasonable effort to organize provision of the newly requested Extras to the satisfaction of the Client, and will inform the Client if it is possible to upgrade the booking with requested new Extras or not. The Client acknowledges that Trip Sailing is not obliged to provide newly requested Extras at that point in time.

At the latest, all Extras must be confirmed by both sides in writing not later than 10 days prior to the beginning of the yacht charter date. Only very exceptionally, Trip Sailing can allow a last minute confirmation of Extras in particular cases.


8. Hiring a Skipper, Hostess, Cook or other Professional Crew

If the Client requires a skipper and/or a hostess and/or a cook and/or other professional crew aboard, it would be necessary to point it out during the time of the confirmation of the yacht charter reservation. If the Client does not require a skipper, the copy of his/her skipper's license is to be sent on the occasion of the Vessel's booking, for the verification and approval. If the license is not approved by the Charter-Operator, the Client will be obliged to take a professional skipper.

For some Vessels the Charter-Operator may request that a professional skipper and/or other professional crew members are obligatory regardless of the Client’s licenses. This will be indicated at the time of arranging the booking. Client and Client’s guests on board should treat the crew with proper professional respect, and should allow them a proper amount of daily rest. The food of the crew during the charter period is the financial responsibility of the Client, according to usual yacht charter standards.

 

9. Crew List and Arrival Details

The Client must send a correctly filled Crew list, not later than 10 days prior to the first day of the yacht charter. The Client agrees that s/he is the main contracting party for the yacht charter, and that the Client is responsible for the other guests on board.

Additionally, it is recommended to send an estimated time of arrival at least 10 days prior to the first day of charter, in order for the base staff to organize the check-in procedure in as smooth way as possible. If the Client has booked the transfer (e.g. from the airport), then sending detailed arrival and departure information at least 10 days in advance is obligatory. The Client is responsible for the accuracy of delivered Crew list information, as well as for the validity of all passports, visas, licenses and other identification documents. The Client and his guests aboard are responsible to obtain appropriate visas for all countries they travel to, if applicable. In particular, the Client acknowledges that the sailing license is a very important document on-board and is legally responsible for its accuracy and trustworthiness.

 
10. Cancellation by the Client

If the Client decides to cancel his/her Booking, whatever the reason may be, the Client needs to inform Trip Sailing per email or through the website about the cancellation without delay.

Prior to the Charter Operator's confirmation of the specific Booking, Clients are allowed to cancel their Booking through the Website without any cost.

In the case that the Booking has already been approved by the Charter Operator, Clients can apply for a cancellation of their Booking. Trip Sailing will contact and communicate with the specific Charter Operator and it is in the absolute discretion of the specific Charter Operator and subject to the Charter Operator’s stated cancellation policies whether they will provide any refunds and under which terms. Trip Sailing will provide the refunds according to the cancellation policy of the specific Charter Operator.

In this category of cancellations are also the situations when the Client does not come for the check-in (no show-up case), or when the Client leaves the Vessel prior to the contracted check-out time (early-abandon case) – in all such cases the 100% cancellation fee applies and the Client does not have the right for any refund.

Also, if a skipper was reserved and then cancelled by the Client, the skipper fee has to be paid nevertheless, according to the same terms as listed above. The same holds true also in case of a hostess or cook. 

Cancellation of the skipper, hostess and/or cook is charged regardless of whether the Vessel booking has been cancelled or not.

In all cancellation cases, Trip Sailing shall consider the receipt date of information on the cancellation as a basis for the settlement of accounts of the cancellation costs. From this date, Trip Sailing shall be entitled to make the Vessel free for bookings by other clients, and shall have no further obligations towards the Client related to the cancelled booking.


11. Changes and Modifications

Should the Client request a smaller change in the booking details (e.g. change of name or similar), Trip Sailing has the right to charge the Client an administrative fee of 30 EUR.

Should the Client request a change in the charter period of the booked Vessel, and/or a change of the vessel or base, or any other major change, Trip Sailing reserves the right to charge for the cancellation of the original booking. Alternatively, Trip Sailing may choose to grant the requested change to the Client without charging the cancellation of the original booking, however in such case Trip Sailing is authorized to charge Clients supplementary charges for these changes. Clients also need to consider that the specific Charter Operator may not be able to cater such changes at all.


12. Cancellations by the Charter-Operator

Should the booking be cancelled by the Charter-Operator (e.g. due to severe damages on the reserved Vessel or other unforeseen circumstances occurring to the Vessel), then the Client will be remunerated by the Charter-Operator according to the valid Terms and Conditions of that Charter-Operator. Examples what most Charter-Operators would offer to Client in such cases are: 

a) a reservation of another Vessel of similar size and with similar features, from the same fleet or from another fleet, if possible

or

b) a refund of all amounts received from the Client for the Vessel.

The client acknowledges that in case when severe damages of the Vessel have occurred during the previous charters, or due to events such as Acts of God, neither Trip Sailing nor the Charter Operator are objectively guilty for this, and thus the Client shall aim to be cooperative towards finding an appropriate alternative solution under the given circumstances.


13. Security Deposit

Before taking over the Vessel, the Client must give a security deposit (hereinafter: Deposit) in amount according to the valid Price List of the Charter-Operator. The Deposit may be given either in cash or by credit card authorization of the credit cards accepted by Charter-Operator, all in accordance of the processes in the Charter-Operator’s base. After the completion of yacht charter the whole Deposit shall be repaid to the Client, unless some Vessel damages or loss of equipment have occurred, or unless the Client or its Crew have not acted in accordance with these Terms and/or the valid terms of the Charter-Operator.

However, if the damages or breach of Terms have occurred, then the Deposit will be retained partly or fully, depending on the size of the Damage or breach and depending on the details of the policy of the Charter-Operator. Some typical industry practices are the following:

- In case of a larger damage or breach, the Deposit shall be kept in full and the Client has no right for its refund.

- In case of a smaller damage or breach, the Charter-Operator will keep the amount needed for the repairs and purchase of damaged or lost equipment, covering of intervention costs and/or handling costs, while the rest of the Deposit shall be refunded to the Client.

- In case if the Vessel will not be capable to go to the next charter due to the incurred damages, the full Deposit shall be taken, due to the fact that the Charter-Operator shall have expenses related to remunerating the next client.

Paying the Deposit is obligatory also in cases when the Client hires a professional skipper from Trip Sailing or the Charter-Operator. In such a case the Deposit cannot be used for covering the costs which emerged due to skipper's negligence, bad operation of the Vessel or its equipment.

In case if the damage has happened due to gross negligence of the Client, or behaviours such as sailing under influence of alcohol or illegal drugs, sailing single-handed or sailing at forbidden times or outside of approved areas, or participating in regattas without written approval of the Charter-Operator, or similar serious breaches, the Client shall typically be liable even beyond the amount of the Deposit, including expenses connected to repairs and remunerations for the lost charter income in the next weeks.


14. Insurance

According to industry standards, charter vessels are normally insured, with deductible franchise. The insurance usually does not cover damages of personal property of clients and property brought to the vessel and a deliberately caused damage, or any damage caused by the clients' lack of diligence.

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

Yacht charter prices do not include cancellation insurance. Should the Client 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 a cancellation insurance. The cancellation insurance cannot be paid for after the reservation has been made, only during the booking process.

In case the Client does not have a cancellation insurance and is unable to use the yacht charter, Trip Sailing will provide the refunds according to the cancellation policy of the specific Charter Operator.

It is strongly recommended that, upon booking, the Client and all crew-guests should contract adequate travel and health insurance packages for their travel arrangement.

Trip Sailing will not be responsible for any costs incurred by any Client before, during or after the trip as a consequence of inappropriate or insufficient travel insurance being purchased.


15. Taking over the Vessel and Check-in

The Client is obliged, on the occasion of taking over the Vessel, to give to the representative of the Charter-Operator a verified voucher with all Client’s data and charter appointment, with an insight into the original document of the skipper's license. Also, identification documents (e.g. passports) of all guests on board must be provided for the purpose of re-checking the Crew list.

On the occasion of taking over the Vessel the Client shall examine the inventory list with the representative of the Charter-Operator, confirming the condition of the delivered Vessel with his signature. The same procedure shall be done with instruments aboard.

Any possible Client's subsequent complaints would not be accepted if the Client confirmed that the Vessel was in order and that the Vessel’s equipment was complete and in order as well.

Should any of the Vessel's parts be damaged or lost during the previous charters, and if it is impossible to obtain the new Vessel parts prior to the date of the new charter, provided their loss will not seriously affect the security of navigation, it will not be possible for the Client to give up the charter or to demand a reduction of the charter price. The Client acknowledges that such situations are not under influence of neither Trip Sailing nor the Charter-Operator, but are consequence of damages made by a previous client.

Typically in the yacht charter industry, the Vessel is to be delivered with full fuel and water tank, and it has to be returned to the charter base in the same state with a full fuel and water tank. Due to the fact that Vessels are expensive property and a certain level of skill is needed to operate them, the Charter-Operator may require from the Client (or their skipper) to demonstrate their navigation skills in presence of a representative of the Charter-Operator.

The costs for the stated demonstration (if any) shall be paid by the Client and the time spent for testing shall be included in the charter period of the Vessel. Should it be considered that the Client (skipper) is not skilled enough, the Charter-Operator shall hire an official skipper and the required costs for such a service shall be paid by the Client according to the current Price List. If the Client refuses the assigned skipper, s/he will be forbidden to sail out, the charter contract shall be immediately terminated and the paid amount shall be kept without any rights of reimbursement.


16. Taking back the Vessel / Check-out

On the occasion of returning the Vessel and re-checking the Vessel according to the inventory list, the fuel tank shall be examined too. If the fuel tank is not full, the Charter-Operator shall typically charge the Client for the fuel (calculated according to the maximum motor consumption for specific motor hours) plus a service fee. Also, the Client shall pay for damages on the Vessel, if any damages are found during the Vessel’s examination, as described in the “Safety Deposit” section. Otherwise, if the Vessel is returned in a good state and a full fuel and water tank, the whole Deposit should be returned to the Client by the Charter- Operator.

Should the Client take back the Vessel to a port that is not stated in the contract as the destination port, the Client must pay all costs included in the Vessel’s transport to the destination port, including all remuneration costs for the next client of the Vessel, plus a penalty fee set forth by the Charter-Operator.

Similarly, if the Client is overdue, s/he will be fined according to the policy of the Charter-Operator.

Running behind schedule owing to weather conditions is not justified because it is necessary to keep the vessel at an appropriate distance from the charter base during the last 48 hours before the charter ends.

If the Client wishes to prolong the period of charter, whatever the reason may be, s/he should immediately inform Trip Sailing about his/her intentions. Trip Sailing shall in return inform the Client whether the desired prolongation is possible or not, and, if the prolongation is possible and confirmed, and the Client has paid for it, will organize for all the necessary paperwork for the additional days (such as prolongation of the booking, prolongation of the crew list etc.).


17. Sailing Area

The basic sailing area of the Vessel is stated in the registration documents of the Vessel in question. If the Client wants to sail outside the basic sailing area, the Client shall be liable to inform Trip Sailing about their intentions before the booking confirmation, in order for the Vessel to be insured and registered for that occasion, and simultaneously the Client shall be charged for the stated additional insurance and registration costs, along with any extra costs that may arise for Trip Sailing or the Charter-Operator due to this request. The Charter-Operator may also request a higher Deposit in such cases. The Client hereby agrees that, if sailing outside of the basic sailing area, the Client should be prepared to organize the Vessel’s maintenance and repairs on his own, and on his own cost, as most commonly the Charter-Operator maintenance and intervention services do not cover those areas. The Charter-Operator shall advice the Clients on their processes in such cases.


18. Damages during the Yacht Charter

Should any damage emerge during the yacht charter owing to usual abrasion of the Vessel’s materials or ageing of equipment, the Client should inform the Charter-Operator without delay.

If severe damages, engine troubles, loss of Vessel, personal injuries and similar incidents would happen, the Client is liable to inform the Charter-Operator and Trip Sailing about it without delay, and to obtain official minutes and certification on the emerged incident by other parties (e.g. port authority, physician, authorized expert, etc.). 

In all such cases, the further procedure will be handled according to valid processes and Terms and Conditions of the Charter-Operator in question. Damages which were not reported and have no recorded minutes shall be considered to have emerged owing to the Client's negligence, and in such a case they have to be paid by the Client.


19. Liabilities of the Charter-Operator

The Charter-Operator is responsible for the correctness of the accommodation (i.e. of the Vessel), investment maintenance, current maintenance, as well as the preparation of the Vessel for charter. The Charter-Operator is also responsible for organizing and conducting check-in and check-out processes at the base.

In case of any special or additional requests of the Client (e.g. earlier check-in, longer explanations during the check-in, special needs… etc.) the Charter-Operator may try to resolve them to the satisfaction of the Client, but the Client acknowledges that this is not a liability of the Charter-Operator, and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially. The Charter-Operator is responsible to bear expenses towards the Client in case of not fulfilling its obligations, according to valid Terms and Conditions of that Charter-Operator.

However, the Client cannot expect refunds for delays or issues caused by Force Majeure (e.g. earthquakes, floods, thunders, fire, other natural calamities, wars, civil wars, terrorism, strikes, etc.). The Client acknowledges that the Charter-Operator is a fully separate legal entity from Trip Sailing, and that the role of Trip Sailing in the booking process is that of mediator only, as described in the chapter below.


20. Liabilities of Trip Sailing

Trip Sailing works with a large international online database of Vessels MMK and has established business partnerships with many Charter-Operators who operate boat fleets. The Client acknowledges that Trip Sailing acts as an Agency-Mediator between the Client and the Charter-Operator. Thus, Trip Sailing will provide to the Client information on the type of the Vessel's accommodation, its integral parts and possible additional costs (services of a skipper etc.) as well as assist the Client in obtaining the most appropriate Vessel offers to meet the Clients specific needs, and assist the Client throughout the entire booking process.

Trip Sailing will also be there to answer the Client’s relevant questions and provide information needed for the Client’s preparation for the charter.

Trip Sailing shall inform the Charter-Operator about relevant booking information, collect documents from the Client (e.g. licenses, crew lists etc.), as well as make payments to the Charter-Operator and perform all other Agency-Mediator duties according to the business cooperation contract concluded between Trip Sailing and the specific Charter-Operator.

In case of any possible disputes between the Client and the Charter-Operator before, during or after the charter, Trip Sailing will put its best efforts to help the Client and strive to protect its Client’s interests to the maximum possible extent. Also, in case that the Charter-Operator fails to fulfil some of its obligations towards the Client, Trip Sailing will support and assist the Client, striving to obtain an appropriate refund from the Charter-Operator to the Client. In extreme and very rare cases that the Charter-Operator fully fails to fulfil its obligations (e.g. filing bankruptcy, loss of Vessels or similar), Trip Sailing will put utmost effort to assist the Client in finding a best possible alternative solution with minimum possible costs/losses for the Client. 

The Client acknowledges that Trip Sailing shall not be liable to pay to the Client any refund or loss caused by failure of the Charter-Operator to fulfil its obligations, provided that Trip Sailing had made appropriate payments to the Charter-Operator for chartering the Vessel(s), skippering the Vessel, following the corresponding Client’s payments to Trip Sailing. Still, Trip Sailing will assist and help the Client towards obtaining appropriate refunds from the Charter-Operator and protecting its Clients interests as stated above in this article.

 
21. Liabilities of the Client

Other than what was already stated in these Terms, the Client shall also be liable:

- to be nautically and navigationally skilled for the Vessel charter, otherwise he shall be liable to accept a skipper according to the effective Price List of Trip Sailing or Charter-Operator,

- to have all required licenses for operating the Vessel in case of bareboat charter,

- not to leave the Vessel to third parties,

- not to transport persons or goods for commercial purposes, or engage in any other commercial use of Vessel,

- to have aboard the exact number of persons, and exact persons, as stated on the crew list,

- to keep the crew list with the certificate of residence registration together with ship documentation for the whole duration of charter,

- to promptly inform the Charter-Operator about any possible changes in crew members or passengers,

- to fully respect legal regulations of the host country,

- not to participate in competitions and regattas without consent granted by the Charter-Operator,

- to hold on to obligatory control intervals for the duration of cruising,

- in case of towing, to conclude an award for rescuing prior to the acceptance of help, unless prescribed otherwise by the Charter-Operator,

- to undertake all safety precautions in order to keep the Vessel in good condition and avoid any damages or towing of the Vessel,

- not to leave the port if the foreseen wind force were estimated stronger than 25 knots, or if the port authorities issued a prohibition on leaving the port, without prior consent given by the Charter-Operator,

- to avoid unnecessary burdening of masts, sails and ropes, i.e. to sail respecting the weather conditions,

- to plan the navigation route very carefully, so that two days before arrival the vessel is at approximately 40 NM distant from the check-out charter base,

- not to sail at night without prior consent given by the Charter-Operator,

- not to sail single-handed without prior consent given by the Charter-Operator,

- to inform the charter base manager about the Vessel's exact location in case of severe weather conditions (gale-force wind), in order to avoid unnecessary and expensive search for the Vessel,

- not to operate the Vessel under influence of alcohol or any illegal drugs, and generally not to use or have any illegal drugs on board,

- not to make excessive noise in marinas, harbours and other mooring locations,

- to respect privacy and night-rest rights of occupants of the neighbouring vessels and houses, 

- not to engage with fishing or any other submarine activities without a valid license for such activities,

- not to embark pets (dogs, cats, birds, etc.) aboard without written consent of the Charter-Operator

- to respect any other provisions that are not listed above, but are listed in the valid Terms and Conditions of the relevant Charter-Operator.

The Client warrants joint responsibility for all crew members i.e. guests on-board. All consequences arising from the Client's or his crew or guests on board not respecting the above liabilities are the joint and several responsibility of the Client and crew/guests on board. In case of breach of the clauses above or breach of other contractual obligations of the Client and its crew/guests, the Client acknowledges that the Charter-Operator may remunerate from the Deposit and/or claim indemnity for full incurred damage.

 

22. Complaints

Complaints shall be accepted in writing on the date of taking over the Vessel (check-in). They must be signed by the Client and the representative of Charter-Operator.

The complaints shall be typically resolved in the manner described below, or a similar manner, depending on the Charter-Operator in question:

- In case of a cleanliness complaint, the Charter-Operator will inspect the issue, and if the complaint is justified, organize additional cleaning activities to correct the issue. In case of such type of complaints there will be no financial refund.

- In case of a smaller reported shortcomings or damages, which do not seriously affect the security of navigation, the Charter-Operator will inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue.

The Client acknowledges that, despite best efforts of the team, it sometimes may happen that it will not be possible to correct the issue in a given timeframe due to objective reasons. Generally, in case of such smaller issues there will be no financial refund.

- In case of larger reported shortcomings or damages, which do seriously affect the security of navigation, the Charter-Operator will inspect the issue, and if the complaint is justified, organize all reasonable activities to correct the issue in the fastest possible way. Depending on the time needed to correct the issue, the Client will be remunerated by the Charter-Operator according to relevant provisions of Terms and Conditions of the Charter-Operator.

In case of serious issues that objectively could not have been noticed during the check-in, but were properly reported according to section “Damages during the yacht charter”, the Client may require indemnity latest during the check out. On this occasion he should file a complaint in writing signed by both parties with all belonging documentation.

If the Client's complaint was reported but could not be solved during the check out, it should be re-sent in writing within 14 days, otherwise it shall not be taken into consideration. If the Client has filed the complaint via Trip Sailing as the Client’s Agency-Mediator, Trip Sailing will analyse the received complaint, collect information from the Charter-Operator, advise the Client on the industry practices in such cases, and try to resolve the complaint, mediating between the two parties, in a timely and fair manner. Trip Sailing will provide an official answer to the Client as soon as possible, and the latest within 7 days from receiving relevant answers from the Charter-Operator.

If the complaint is not resolved on the spot following an intervention, the Client is obligated to submit a written complaint along with supporting documents as well as any photographs to support the complaint to the agency

If, after the intervention the complaint has not been resolved on the spot, the Client is obliged to send a written complaint with all supporting documents and photo’s which support the complaint to Trip Sailing by e-mail  to info@tripsailing.com or by post mail no later than 8 days following the last day of the yacht charter. Trip Sailing shall take into consideration only fully documented complaints which are received within the 8-day deadline. Trip Sailing is obliged to make a written solution to the complaint within 14 days of receipt of the written complaint. Trip Sailing can postpone the deadline in order to collect evidence and check the complaint with the Charter-Operator but not for more than 14 days. Trip Sailing will take into consideration only those complaints whose cause could not be resolved on the spot.

Until a decision has been made by Trip Sailing, in other words for the duration of the 14/28 days after the complaint has been filed, the Client irrevocably relinquishes the right of mediation or arbitration by a third party or institution, as well as publicly disclosing information. During this period, the Client also waives the right to file a suit. The highest amount of compensation per complaint can amount to the complaint portion of the service and cannot encompass the used portion of the service or the total amount of the service. The law of tourism excludes the Client's right to be compensated for ideal damages.

Trip Sailing 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 Client's discontent but are not directly related to the quality of the booked service.

 

23. Pivacy Statement

The Client provides personal information of his/her own free will. Personal information is required for processing the requested services. The same information shall be used for internal communication. Trip Sailing agrees not to distribute the Client’s personal information to third parties except for the purpose of providing the requested services. The personal information will be kept in a database in accordance with the Management's decision on the method used for collecting, processing and securing personal information. 


24. Terms of the Charter Operator

The Client acknowledges that in some cases it may occur that the Charter-Operator in its valid Terms and Conditions has different requests and conditions regarding the Vessel chartering than set out in these Terms. The Client acknowledges that for his obligations to the Charter-Operator the Terms of the Charter-Operator will apply.


25. Court Jurisdiction

The parties will strive to resolve any dispute in a peaceful manner. If the parties are not able to reach an agreement among them, the court in Split, Croatia has the jurisdiction over their dispute.


26. End Note

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

Split, 31.10.2017.