Allgemeine Geschäftsbedingungen

1. GENERAL PROVISIONS

These general terms and conditions apply to the vessel chartering services offered on the website of Marea Forte Group d.o.o., Liburnijska ulica 7a, 51414 Ičići, www.rentaboat.opatijariviera.com, by mobile device or by e-mail. By browsing and using our website and by making a reservation, you agree that you have read, understood, and agreed with these terms and conditions. You have also accepted the Privacy Policy. These general terms and conditions for vessel chartering apply both to users who rent the vessel directly to the Company’s Office of Marea Forte Group d.o.o., at Liburnijska ulica 7a, in Icici and through intermediaries with whom Marea Forte Group d.o.o. has concluded Mutual Cooperation Agreements.

2. BUSINESS PURPOSE

The business purpose are the vessels advertised on the website of Marea Forte Group d.o.o. and of its associates. Marea F.G.d.o.o. is responsible for the veracity of written and numerical information and for the authenticity of the photos. Only information provided on the original forms and advertising materials of Marea F.G. d.o.o. shall be considered true and credible. When booking through the website a vessel which is not owned by Marea F.G. d.o.o., the General terms and conditions of associates with which Marea F.G. d.o.o. has stipulated a cooperation agreement apply. For those vessels, Marea F.G. d.o.o. provides exclusively vessel advertising and is not held responsible for Agreements and conditions agreed between the user and the other company.

3. CONDITIONS FOR CHARTERING BOATS

The guest can charter the vessel exclusively with a valid boat handling license. If the guest doesn’t own a license, or if he/she owns it but is less than 18 years old and isn’t accompanied by an adult, he/she can charter the vessel exclusively with a skipper. The end user must comply with the legal regulations and rules related to boat handling at sea, and must pay care during boat and inventory usage. If the user does not want to use the additional skipper service provided by Marea F.G. d.o.o., the user declares that he/she owns all the licenses needed for handling the boat he/she rents, according to the regulations of the Republic of Croatia.  Otherwise, the operation of the vessel will be ceded to the crew member/skipper who has all the appropriate boat handling permits (applicable in accordance with the regulations of the Republic of Croatia).

The user of the vessel charters the vessel at his own risk and is responsible for the operation of the vessel according to all applicable laws and regulations of the Republic of Croatia. The user of the vessel undertakes to operate the vessel with special care and responsibility. The end user undertakes not to lend the vessel to any other person, he/she declares that the vessel will not participate in competitions, and that it will not be used for any business purposes, for professional fishing, sailing courses etc., and that it will only sail under safe weather conditions. The vessels are issued along with the Vessel Charter Agreement and along with the General Terms and Conditions, with a full fuel tank, with the belonging equipment, in neat and clean condition. The user is familiarized with the general rules for safe navigation, sea pollution prevention, the phone number of Search and rescue at sea, other emergency services, with the procedure in cases of maritime incidents, with the weather reporting and alarm systems. The user is to return the vessel with full tank. If the user returns the vessel, and the tank is not full, he/she is to pay to the employee of Marea F.G.d.o.o. the difference to the full tank.

4. PRICES AND METHOD OF PAYMENT FOR CHARTERING BOATS 

The prices on the website are in Euros (€) and are of purely informative nature. The payment is made directly to the employee of Marea F.G.d.o.o., fully before boat takeover. For any service charged, the employee of Marea F.G.d.o.o. must issue an invoice, and the user must keep it until the return of the vessel. We accept the following payment methods for vessel chartering:- payment in cash or by credit cards at takeover to the employee of Marea F.G.d.o.o.; – payment in the office of Marea F.G. d.o.o. in Ičići, at Poljanska cesta 1 in cash or by credit card; – every additional service (additional hour on board, delivery of the vessel…) is charged according to the valid price list in cash directly to the employee of Marea F.G.d.o.o. We accept the following credit cards: Mastercard, Mastercard electronic, Maestro, Visa, Visa electron and V Pay.

5. DOCUMENTS OF BOATS

The vessels owned by Marea F.G.d.o.o. have all the necessary licenses and insurances both for the users and for the vessel, in accordance with the legal provisions of the Republic of Croatia. The vessel is issued with all valid documents needed for the service of boat rental and the user is obliged to keep them until the end of the service. On board of each vessel owned by Marea F.G.d.o.o. there are nautical maps and navigation routes that the user is obliged to preserve.

6. ISSUE AND RETURN OF BOATS

Marea F.G.d.o.o. undertakes to issue the vessel to the end user in neat and clean conditions, ready for sailing, completely equipped, with full water and fuel tanks. Before initiating the use of the vessel chartering service, the end user must inspect the general condition of the vessel and determine whether the inventory and equipment list corresponds to the actual situation. Any defects and shortcomings on the vessel and equipment determined at vessel takeover do not give the right to the end user to request a lower rental price or to make any subsequent complaints.

The end user must return the vessel to the employee of Marea F.G. d.o.o. in the agreed place at the agreed time, clean and undamaged with full fuel tanks. If the end user does not return the vessel to the agreed place on time, he/she agrees to pay to the employee of Marea F.G. d.o.o. the price for each hour of delay in accordance with the current price list exclusively in cash due to the possible loss and costs caused by the delay of the vessel. The vessel is considered delayed 10-15 minutes after the agreed time of vessel return. The delay may be justified in the event of force majeure only if the end user has informed the employee of Marea F.G. d.o.o. The costs for parts of the vessel or equipment lost or damaged caused by negligence or misuse by the end user are the responsibility of the end user.

7. COMPLAINTS AND CANCELLATIONS

With the arrival of the user on board, complaints can be made only in the presence of the employee of Marea  F.G. d.o.o. Subsequent complaints will not be considered. The employee of Marea F.G. d.o.o. must familiarize the user with the characteristics of the vessel and instruct him about the management and usage of the vessel and of the equipment. The employee of Marea F.G. d.o.o. must rent a clean and neat vessel to the user and provide all the services listed in the description of the vessel and services. An unclean and unprepared vessel or noncompliance between the information provided in the form and the actual state of the vessel give the user the right to make a complaint.

Marea F.G. d.o.o. may exceptionally cancel the confirmed reservation (hereinafter referred to as cancellation) and refuse to provide the user with a boat chartering service if it determines that the user does not have a valid license to operate the boat or determines that the information and documents for the vessel chartering do not correspond to the information provided at the time of booking. In case of adverse weather conditions, the employee of Marea F.G. d.o.o. will inform the user in advance of the inability to rent until the weather stabilizes and he/she will try to arrange a new charter slot or he/she will reimburse the user if the user is unable to accept the new slot. If the refund is issued on the bank account of the guest, additional banking fees of at least 15,00 € may apply, and shall be charged to the customer. Each booking becomes active and valid upon receipt of the deposit as a guarantee of arrival. Furthermore, these terms apply only to confirmed bookings. If the customer cancels the reservation (except in the case of Covid-19), Marea F.G. d.o.o. shall withhold the following amounts of the total deposit: – for cancellations more than 30 days prior to the arrival – 0% of the paid deposit for costs incurred due to cancellation; – for cancellations between 30 and 15 days prior to the arrival – 50% of the paid deposit for costs incurred due to cancellation; – for cancellations between 14 and 0 days prior to the arrival – “no show”- 100% of the paid deposit for costs incurred due to cancellation. COVID-19 CANCELLATION POLICY: fully 100% refundable if there is a trip government restriction for the rental period; – fully 100% refundable if the renter is positive to Covid-19 (15 days prior the rental); – fully 100% refundable if a close family member of the renter (husband/ wife or children) is positive to Covid-19 (15 days prior the rental)

8. DAMAGES INCURRED DURING THE BOAT CHARTERING

For any damage to the vessel or equipment rented to the user, resulting from inadequate use of the mentioned equipment, the user shall be considered responsible and the determination of any damage must be carried out in the presence of the user. The user must pay for any damage on the spot, and if he/she refuses to, the employee of Marea F.G. d.o.o. must immediately inform by phone the responsible person of the company and, if necessary, call the police. For consequences in case of injury to the user or other guests on board, Marea F.G. d.o.o. must be informed immediately. Marea F.G. d.o.o. is not to be held responsible for the consequences that may occur due to unconscionable and improper use of the vessel, or for any damage caused by improper use. The user must inform the employee of Marea F.G. d.o.o. at the return of the vessel about any breaks and damages, regardless of the cause, to determine the necessary works and/or equipment replacement. For the acts and/or negligence of the user due to which Marea F.G.d.o.o. is liable to a third party, and which is not covered by insurance, the user undertakes to pay to Marea F.G. d.o.o. any material and legal costs that may arise as a result of such acts and/or negligence. The user is particularly held responsible in the event of vessel seizure due to illegal activities. In the event of breakdown and/or accident, the user must record the course of event or request a written certificate from the Port Authority, of a medicine doctor or other authorized persons. The user must inform Marea F.G. d.o.o. immediately of such events. In the event of missing vessel, inability to sail, vessel seizure, navigation ban by authorized or other persons, the end user is obliged to inform the authorized person of Marea F.G. d.o.o.  All of the above shall be included in the report, signed by a representative of Marea F.G.d.o.o. and the user, at the return of the vessel or at the time of damage and/or negligence and/or another event occurrence for which the user is responsible. In case of non-compliance with all these obligations, the user personally responds to Marea F.G. d.o.o. and assumes responsibility for all consequences. The user is responsible for all violations of the navigation rules and other rules, even after the expiration of the period of use of the chartered vessel. In the case of small value damage, for which no damage is reported according to the insurance policy (e.g. minor physical damage, loss of vessel equipment), the user is obliged to pay the stated costs in full. If a security deposit has been made for the rental of a vessel, in the event of a small value damage, the amount of the stated damage will be covered from the security deposit. If the amount of damage is less than the security deposit, the difference is returned to the user. In the event of major damage covered by the vessel’s insurance policy, the user completely loses the amount of the security deposit. Depending on the amount of the insurance deductible franchise per insurance policy of the vessel, if the amount of the deductible franchise is higher than the security deposit, the user is obliged to cover the cost of the deductible franchise in full.

9. PETS

Pets are not allowed on board without prior written notice by e-mail to Marea F.G.d.o.o. If the charterer establishes that the pets were on board, the user is obliged to pay in cash the cost for boat cleaning directly upon return, according to the current price list. If the pet causes any type of damage to the vessel or inventory on board, the damage will be repaired at the expense of the user.

10. LOSS OF PROPERTY AND THEFT

Marea F.G.d.o.o. is not responsible for loss and/or damage to the end-user’s or third person’s assets left and kept on board. By chartering the vessel, the end-user accepts the terms and conditions for vessel chartering and therefore rejects all requests for compensation of such loss and/or damage by Marea F.G.d.o.o.
11. DECLARATION FOR PERSONAL DATA PROCESSING FOR THE PURPOSE OF BOAT RENTAL CONTRACT

By signing the boat rental contract client gives permission to the Marea Forte Group d.o.o. (Poljanska cesta 1,51414 Ičići, Republika Hrvatska) to use and store personal data (name & surname, identification details – identity card or passport details, skipper license details, phone number & email adress) with confidentiality for the purpose of the boat rental contract. By signing the boat rental contract, conditions from the boat report are considered accepted as well.

12. SUBMISSION OF CONSUMER COMPLAINTS

If the services offered have been poorly executed, the user may claim proportionate indemnity by submitting a written complaint no later than 8 days after the end of the service. Complaints submitted outside the mentioned period shall not be considered. According to the art. 8, comma 1 of the Consumer Protection Act, OG 9/07., 125/07.corr., 79/09., 89/09.-corr, 133/09, 78/12 and 56/13, we hereby inform the consumers that the complaints about the quality of our services can be submitted exclusively in written by e-mail at he/she. We will reply to your complaint in writing no later than 15 days from the date of receipt of your complaint. Please provide your first and last name and address or e-mail address for the delivery of the reply to your complaint. The user is obliged to cooperate with the company in good faith to solve the causes of the complaint. If the user accepts the offered solution to the complaint on the spot, the company Marea F.G. d.o.o. is not obliged to accept the subsequent complaint. Marea F.G.d.o.o. cannot be held responsible for weather conditions, sea cleanliness and sea temperature and for all other and similar situations and events that may cause users dissatisfaction and do not directly concern the quality of the booked service. The user and Marea F.G.d.o.o. will endeavor to resolve disputes in mutual agreement, and, on the contrary, they stipulate the jurisdiction of the court in Opatija.  The applicable law will be the law of the Republic of Croatia. In the event of a lawsuit by Marea F.G.d.o.o. against the user or vice versa, the jurisdiction shall be in the location of Marea F.G.d.o.o.