Terms and Conditions - Tamaris Charter

Terms and Conditions

These general conditions of boat rental regulate the rights and obligations of the lessee (referred to hereafter as the “Client“) and the lessor Tamaris Charter. (referred to hereafter as the: Charter).

  1. ACCEPTING THE CONDITIONS OF BOAT RENTAL

These general terms and conditions of boat rental regulate the rights and obligations of the lessee (hereinafter referred to as the “Client“) and the lessor Tamaris Charter (hereinafter referred to as the “Charter”). Tamaris Charter holds responsibility for boat rental through their website www.tamaris-charter.com. By renting a boat, the client accepts all the conditions of the lease on their own behalf and on behalf of their own crew.

  1. RENTAL PRICE AND PAYMENT

The rental price includes the leasing of a boat with standard equipment, together with boat insurance and health insurance for the crew members during the rental period. The rental price excludes costs incurred relating to marinas (docking, mooring, etc.), fuel, skipper/hostess service and the costs of other optional services.
The Client can take over the boat that was previously reserved after making a preliminary payment in the amount of 20-30% of the total rental price, as well as the remaining amount at pick-up.
If a reservation is confirmed after an inquiry was made less than 7 days prior to pick up time, the Client is obligated to pay 100 % of the total amount in advance.
These payment regulations cannot be modified without the Charter`s consent. All payments need to be made in cash only.

  1. OBLIGATIONS OF THE CHARTER

Tamaris Charter agrees to deliver the boat to the Client in proper working order, with a full complement of equipment, inclusive of that required by the specifications of the boat listed on this site.
The boat must be in immaculate condition, with the water and fuel tanks filled. It should be delivered at the agreed time and with all the necessary documents.

If, for any reason, Tamaris Charter does not fulfill the aforementioned conditions, the Client has the right to reimbursement for all days in which he was unable to use the boat. Also, if it is impractical for Tamaris Charter to place the reserved boat at the Client’s disposal at the agreed time and in the agreed place, the Charter is obliged to ensure that a substitute boat is available with the same or better specification than the one reserved.
If Tamaris Charter is unable to provide a substitute boat, the Client has the right to cancel the contract and request reimbursement of the whole rental price or a part of the paid amount for those days in which he was unable to use the boat.

The Client has the right to be reimbursed for the paid amount of boat rental only. All other rights are excluded.
If the boat or its equipment are damaged due to natural causes, the Client is obliged to contact Tamaris Charter immediately. Tamaris Charter is obliged to rectify any damage to the boat within 24 hours. In this instance, the Client has no right to any reimbursement.

  1. SECURITY DEPOSIT

Prior to picking up the boat from the marina in which it is moored, the Client is obliged to pay a deposit to Tamaris Charter. The deposit will be calculated in accordance with the price list for each boat. The deposit is paid in cash and will be reimbursed to the Client once the boat has been returned and passed the Charter`s inspection.

The deposit will be reimbursed to the Client in full only in the following events: fuel tanks are full, no damage has been caused to the boat or its equipment nor reports of potential damage made by third parties during the usage of the boat.

If the Client reports damage or Tamaris Charter discovers that the boat or a piece of equipment are damaged or missing, as well as that a fuel tank is empty during inspection, Tamaris Charter will retain a part of or the entire deposit, equal to the cost of repairs or replacement of missing equipment.

Should the fuel tanks not be full, the amount required to fill the fuel tanks will be deducted from the deposit.

  1. OBLIGATIONS OF THE CLIENT

After having taken responsibility for the boat, the Client is obliged to sail solely in Croatian territorial waters. The Client is required to adhere to all rules and regulations relating to keeping a boat`s log, treating the boat and its equipment with utmost care and sailing in accordance with good navigational practice, i.e. only when the weather conditions are favorable and there is good visibility.

The Client or his skipper should have navigational skills and hold all licenses required for navigation.

If the boat is involved in an accident on the sea and the boat or any of its equipment are damaged during sailing, the Client is required to inform the Charter immediately. The relevant telephone numbers of the Charter can be found in the User Agreement.

  1. RESPONSIBILITIES OF THE CLIENT

If any misdeeds and/or negligence in boat maneuvering have resulted in damage to a third party which is not covered by insurance, the Client is personally obliged to cover all material and legal costs that may result from such misdeeds/negligence. The Client is held responsible in situations involving the boat being confiscated due to unlawful boat activity. In the case of damage and/or accident, the Client is obliged to make a note of events and to ask for written certification from the nearest Harbor Office, doctor or other authorized persons. The Client is also obliged to inform the Charter of any such event.

If the boat is lost, confiscated or an authorized party has forbidden its sailing, the Client is obliged to inform the Charter and any other relevant authorized persons.

The Client is required to check the oil level in the engine.

The Client is obliged to cover all costs relating to damages and losses resulting from the lack of oil in the engine (oil is provided by the Charter).
All damages to the underwater section caused by the Client’s negligence will be repaired at the Client’s expense.
If the Client fails to return the boat to the Charter`s base in the agreed period, Tamaris Charter shall keep the deposit.

  1. BOAT INSPECTION

The lessee is required to return the boat to the Charter at the agreed time and to the agreed location. The boat must be undamaged and the fuel tanks must be full.
If the Client does not return the boat to Tamaris Charter at the agreed time and to the agreed location, the Client agrees to pay 300% of the daily rate for each day overdue.
Late return may be justified in the case of force majeure provided that the Client informs the Charter immediately.

  1. INSURANCE

Boat insurance is subject to the conditions set out by the relevant insurance company.

The boat, its equipment and crew are insured for all types of damage and loss, the value of which surpasses the franchise/deposit amount for the aforementioned boat. The boat’s skipper holds liability insurance for third party damages. In the case of more serious accidents and accidents in which other boats are involved, the Client is obliged to report such events to authorized persons at the nearest Harbor Office and obtain all documentation that the insurance company deems necessary. In most cases, we give our best to take the Client`s side when reporting the damage to the insurance company. In case of a bigger damage, we try to work out the payment with the insurance company, not the Client.
The documentation shall contain all relevant information regarding the causes of the accident and conditions prevailing at the time of the accident. The Client is obliged to inform the Charter immediately of any such events.
If the Client fails to take the aforementioned steps, he will be held liable for all damage arising from the non-reporting or late reporting of the incident.

The insurance policy covers all damage arising from inclement weather and other natural disasters, but does not cover damage arising from intentional or negligent boat maneuvering. The Client is not permitted to use his deposit to pay for this type of damage. The Client should cover all costs caused by misdeed or negligence.
The insurance policy does not cover damages to the motor caused by the lack of motor oil.

  1. RENTAL CANCELLATION

Should the Client and his crew cancel the rental for any reason after entering into an agreement with Tamaris Charter, Tamaris Charter will retain the entire amount paid for rental.
Should the Client cancel the rental 4 weeks or more prior to the vessel rental period, Tamaris Charter will retain 30% of the rental price.
Should the Client cancel the rental less than 4 weeks prior to the vessel rental, Tamaris Charter will retain the whole amount. Should the Client purchase boat insurance for the renting period prior to cancelling the boat rental for justified reasons, the insurance company may offer the Client compensation.

Tamaris Charter reserves the right to substitute a boat when the reserved boat is damaged due to unforeseen circumstances, e.g. natural disasters causing water damage, etc. In this instance, the Charter shall provide a boat with equal or better specifications than the reserved boat.

This clause ceases to apply in the case of war, terrorist activities, natural and nuclear disasters or other unforeseen circumstances that could be defined as an Act of God. In this instance, the Charter is not obliged to pay compensation to the Client.

  1. COMPLAINTS

If the Client and his crew have any complaints during the boat chartering period, they should inform Tamaris Charter, thus giving the Charter the possibility to resolve the problems. Only objections and complaints submitted in writing during the boat inspection will be taken into consideration.
All eventual disputes that are not peacefully resolved will fall under the jurisdiction of the appropriate court in Trogir. All complaints regarding the boat tours should be made within 24 hours after the end of the tour. Tamaris Charter is not held responsible for weather conditions on the sea and for attractions (like the Blue cave) being closed due to unforeseen circumstances. The Charter is responsible solely for the condition of the boat and the quality of skipper service.

The Client is never held fully responsible for a bigger damage, except in the cases of them being intoxicated or in similar events.

These Conditions are governed by and construed in accordance with the laws of the Republic of Croatia